BACKGROUNDForbearance Agreement • October 7th, 2010 • Zanett Inc • Services-business services, nec
EXHIBIT 10.1 FORBEARANCE AGREEMENT THIS FORBEARANCE AGREEMENT, dated as of June 5, 2009 (this "FORBEARANCE"), is made by and among JACOBS FINANCIAL GROUP, INC., a Delaware corporation (the "COMPANY") and the holders of the Promissory Notes (as such...Forbearance Agreement • June 17th, 2009 • Jacobs Financial Group, Inc. • Surety insurance
SIXTEENTH AMENDMENT TO FORBEARANCE AGREEMENT AND FOURTEENTH AMENDMENT TO POST- CONFIRMATION LOAN AND SECURITY AGREEMENTForbearance Agreement • November 1st, 2001 • Trism Inc /De/ • Trucking (no local) • Georgia
THIS SIXTEENTH AMENDMENT TO FORBEARANCE AGREEMENT AND FOURTEENTH AMENDMENT TO POST-CONFIRMATION LOAN AND SECURITY AGREEMENT (the "Agreement") is effective as of this 20th day of July, 2001, among THE CIT GROUP/BUSINESS CREDIT, INC., a New York corporation in its capacity as Agent and Lender ("Agent"), each of the financial institutions party to the Loan Agreement (each is referred to herein as a "Lender" and collectively as the "Lenders"), TRISM, INC., a Delaware corporation ("Trism"), TRISM SECURED TRANSPORTATION, INC., a Delaware corporation ("Trism Secured"), TRI-STATE MOTOR TRANSIT CO., a Delaware corporation ("TSMT"), DIABLO SYSTEMS INCORPORATED D/B/A DIABLO TRANSPORTATION, INC., a California corporation ("Diablo"), TRISM EASTERN, INC. D/B/A C.I. WHITTEN TRANSFER, a Delaware corporation ("CI Whitten"), TRISM HEAVY HAUL, INC., a Delaware corporation ("Heavy Haul"), TRISM SPECIALIZED CARRIERS, INC., a Georgia corporation ("Specialized"), TRISM SPECIAL SERVICES, INC., a Georgia corpo
FORBEARANCE AGREEMENTForbearance Agreement • April 16th, 2024 • VBI Vaccines Inc/Bc • Pharmaceutical preparations
This FORBEARANCE AGREEMENT (this “Forbearance Agreement”) is entered into as of November 13, 2023 (“Effective Date”) by and among VARIATION BIOTECHNOLOGIES INC., a Canadian federal corporation (“Borrower Representative”), VBI VACCINES INC., a British Columbia corporation (“Parent”, and together with Borrower Representative, and any other Person from time to time party to the Agreement (as defined below) as a borrower, collectively, “Borrowers”, and each, a “Borrower”), each of the parties set forth on the signature page hereto as guarantors (together with any other Person from time to time party to the Agreement as a guarantor, collectively, “Guarantors” and each, a “Guarantor”), the lenders party hereto (together with any other lender from time to time under the Agreement, collectively, “Lenders”, and each, a “Lender”) constituting Required Lenders (as defined in the Agreement (as defined below)), and K2 HEALTHVENTURES LLC, as administrative agent for Lenders (in such capacity, togeth
Exhibit 99.4 AMENDMENT TO FORBEARANCE AGREEMENT RELATING TO 1998 EETC AMENDMENT dated as of August 29, 2003 (this "AGREEMENT"), among Atlas Air, Inc., a Delaware corporation ("ATLAS" or the "COMPANY"), and the financial institutions named on the...Forbearance Agreement • September 15th, 2003 • Atlas Air Inc • Air transportation, nonscheduled • New York
Exhibit 10.101 -------------- FORBEARANCE AGREEMENT AND FIRST AMENDMENT TO LOAN DOCUMENTSForbearance Agreement • April 15th, 2003 • Commodore Applied Technologies Inc • Hazardous waste management • New York
SECOND AMENDMENT TO FORBEARANCE AGREEMENTForbearance Agreement • July 2nd, 2020 • California Resources Corp • Crude petroleum & natural gas
THIS SECOND AMENDMENT TO FORBEARANCE AGREEMENT (this “Agreement”) is entered into as of June 30, 2020, by and among CALIFORNIA RESOURCES CORPORATION, a Delaware corporation (the “Borrower”), the other Guarantors party hereto (the “Guarantors”), THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as administrative agent for the Lenders (in such capacity, the “Administrative Agent”) and the Lenders party hereto (the “Forbearing Lenders”).
RECITALS:Forbearance Agreement • November 19th, 2002 • Advanced Glassfiber Yarns LLC • Glass & glassware, pressed or blown • North Carolina
FOURTH AMENDED AND RESTATED FORBEARANCE AGREEMENTForbearance Agreement • June 4th, 2020 • Jason Industries, Inc. • Miscellaneous manufacturing industries • New York
THIS FOURTH AMENDED AND RESTATED FORBEARANCE agreement, dated as of June 3, 2020 (this “Agreement”), is entered into by and among Jason Incorporated, a Wisconsin corporation (the “Borrower”), the Guarantors identified on the signature pages hereto (collectively, with the Borrower, the “Loan Parties”), and the Lenders appearing on the signature pages hereto (the “Forbearing Lenders”, and with respect to the Forbearing Lenders that have entered into a confidentiality agreement with the Borrower, the “Restricted Forbearing Lenders”). Each of the foregoing shall be referred to herein as a “Party” and collectively as the “Parties.” Capitalized terms used in this Agreement and not defined herein shall have the meanings ascribed thereto in the Credit Agreement (as defined below).
EX-10.1 2 a13-9492_1ex10d1.htm EX-10.1 CERTAIN INFORMATION INDICATED BY [ * * * ] HAS BEEN DELETED FROM THIS EXHIBIT AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT UNDER RULE 24b-2....Forbearance Agreement • May 5th, 2020 • Minnesota
THIS THIRD AMENDED AND RESTATED FORBEARANCE AGREEMENT (the “Agreement”) is made as of this 29th day of March, 2013 (“Effective Date”), between HERON LAKE BIOENERGY, LLC, a Minnesota limited liability company (“HLBE”) and AGSTAR FINANCIAL SERVICES, PCA, an United States instrumentality (“AgStar”).
AMENDMENT NO. 1 TO SPRINT/SHENANDOAH FORBEARANCE AGREEMENT THIS AMENDMENT NO. 1 (this "Amendment"), dated as of December 16, 2005, to the SPRINT/SHENANDOAH FOREBEARANCE AGREEMENT (the "Forbearance Agreement"), dated as of August 9, 2005, by an among...Forbearance Agreement • December 19th, 2005 • Shenandoah Telecommunications Co/Va/ • Telephone communications (no radiotelephone)
Forbearance AgreementForbearance Agreement • August 4th, 2011 • Delta Petroleum Corp/Co • Crude petroleum & natural gas • New York
FORBEARANCE AGREEMENT, dated as of June 28, 2011 (this “Agreement”) among DHS HOLDING COMPANY, a Delaware corporation (“Holdings”), DHS DRILLING COMPANY, a Colorado corporation (the “Borrower”), the other Loan Parties party hereto, and LEHMAN COMMERCIAL PAPER INC., as administrative agent (in such capacity, the “Administrative Agent”) and as the Lender (in such capacity, the “Lender”) under that certain Credit Agreement (as defined below).
Exhibit 4.31.15 FORBEARANCE AGREEMENT RELATING TO $1,500,000,000 FIVE-YEAR CREDIT AGREEMENT FORBEARANCE AGREEMENT, dated as of October 16, 2002 (this "Agreement"), among Conseco, Inc., an Indiana corporation (the "Borrower"), CIHC, Incorporated, a...Forbearance Agreement • November 19th, 2002 • Conseco Inc • Accident & health insurance • Illinois
FORBEARANCE AGREEMENTForbearance Agreement • March 5th, 2018 • Montana
AGREEMENT (the “Agreement”) is made effective as of the day of , 20 , by and between: (i) Bank (the “Lender”), (ii) , LLC, a Minnesota Limited liability company (the “Borrower”), (iii) , , and , each an individual resident of the State of Minnesota (each a "Guarantor" and collectively referred to herein as “Guarantors”), and (iv) Management, Inc., a Minnesota corporation (the “Manager”).
SIXTEENTH AMENDMENT TO FORBEARANCE AGREEMENTForbearance Agreement • May 11th, 2010 • Rclc, Inc. • Miscellaneous chemical products • New York
This Sixteenth Amendment to Forbearance Agreement (the “Amendment”) is entered into as of this 5th day of May, 2010 by and among RCLC, Inc. (formerly known as Ronson Corporation), a New Jersey corporation (“Parent”), RCPC Liquidating Corp. (formerly known as Ronson Consumer Products Corporation), a New Jersey corporation (“RCPC”), Ronson Aviation, Inc., a New Jersey corporation (“RAI”) and RCC Inc. (formerly known as Ronson Corporation of Canada Ltd.), an Ontario corporation (“Ronson Canada”) (RCPC and RAI are collectively and individually referred to as the “Domestic Borrower” or “Domestic Borrowers”; the Domestic Borrower and Ronson Canada are collectively and individually referred to as the “Borrower” or “Borrowers”, and the Borrowers, together with Parent are collectively and individually referred to as the “Obligors”) and Wells Fargo Bank, National Association (“Lender”), acting through its Wells Fargo Business Credit operating division.
THIRD AMENDMENT TO FORBEARANCE AGREEMENTForbearance Agreement • May 1st, 2001 • Trism Inc /De/ • Trucking (no local) • Georgia
THIS THIRD AMENDMENT TO FORBEARANCE AGREEMENT (the "Agreement") is made and entered into as of this 31st day of January, 2001, among THE CIT GROUP/BUSINESS CREDIT, INC., a New York corporation in its capacity as Agent and Lender ("Agent"), each of the financial institutions party to the Loan Agreement (each is referred to herein as a "Lender") and collectively as the "Lenders"), TRISM, INC., a Delaware corporation ("Trism"), TRISM SECURED TRANSPORTATION, INC., a Delaware corporation ("Trism Secured"), TRI-STATE MOTOR TRANSIT CO., a Delaware corporation ("TSMT"), DIABLO SYSTEMS INCORPORATED D/B/A DIABLO TRANSPORTATION, INC., a California corporation ("Diablo"), TRISM EASTERN, INC. D/B/A C.I. WHITTEN TRANSFER, a Delaware corporation ("CI Whitten"), TRISM HEAVY HAUL, INC., a Delaware corporation ("Heavy Haul"), TRISM SPECIALIZED CARRIERS, INC., a Georgia corporation ("Specialized"), TRISM SPECIAL SERVICES, INC., a Georgia corporation ("Special Services"), TRISM LOGISTICS, INC., a Delaware
Forbearance Agreement and First Amendment to Credit Agreement and GuarantyForbearance Agreement • February 19th, 2020 • Icagen, Inc. • Services-commercial physical & biological research • New York
Credit Agreement and Guaranty, dated as of August 31, 2018 (this “Agreement”), among Icagen, Inc., a Delaware corporation (the “Borrower”), certain of the Borrower’s Subsidiaries from time to time parties hereto, the lenders from time to time party hereto (each, a “Lender” and collectively, the “Lenders”), and Perceptive Credit Holdings II, LP, as administrative agent for the Lenders (in such capacity, the “Administrative Agent”).
THIRD AMENDED AND RESTATED FORBEARANCE AGREEMENTForbearance Agreement • May 8th, 2019 • Cloud Peak Energy Inc. • Bituminous coal & lignite surface mining • New York
This THIRD AMENDED AND RESTATED FORBEARANCE AGREEMENT, dated as of May 7, 2019 (this “Agreement”), is entered into among the undersigned in connection with the AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENT, dated as of January 31, 2017 (as amended, supplemented and modified from time to time, the “RPA”) among CLOUD PEAK ENERGY RECEIVABLES LLC, a Delaware limited liability company, as seller (individually and in such capacity, the “Seller”), CLOUD PEAK ENERGY RESOURCES LLC, a Delaware limited liability company (“Cloud Peak”), as initial servicer (in such capacity, together with its successors and permitted assigns in such capacity, the “Servicer”), the various Conduit Purchasers, Related Committed Purchasers, LC Participants and Purchaser Agents from time to time party hereto, and PNC BANK, NATIONAL ASSOCIATION, as Administrator (in such capacity, together with its successors and assigns in such capacity, the “Administrator”) and as issuer of Letters of Credit (in such capacity, t
AMENDMENT NO. 3 TO FORBEARANCE AGREEMENTForbearance Agreement • May 6th, 2019 • Monitronics International Inc • Services-miscellaneous business services
This Amendment No. 3 to the Forbearance Agreement (this “Third Amendment”) is entered into as of April 30, 2019 by and between Monitronics International, Inc., a Texas corporation (the “Borrower”), each other Loan Party to the Credit Agreement, Bank of America, N.A., as administrative agent (in such capacity, the “Administrative Agent”) and certain Lenders party hereto (collectively, the “Parties”).
EX-99.7 9 exh99-7.htm SECOND AMENDMENT TO FORBEARANCE AGREEMENT Second AMENDMENT TO FORBEARANCE AGREEMENTForbearance Agreement • May 5th, 2020 • California
This Second Amendment To Forbearance Agreement ("Amendment") is entered into on this 20th day of February 2004, at Cupertino, California, by and between the following parties: PACIFIC BUSINESS FUNDING, a division of GREATER BAY BANK N.A. (and formerly a division of Cupertino National Bank), ("PBF"), and SOUTHWALL TECHNOLOGIES INC., a Delaware corporation ("STI").
FORBEARANCE AGREEMENTForbearance Agreement • March 2nd, 2021 • Puerto Rico
THIS FORBEARANCE AGREEMENT, dated as of August 14, 2014 (this “Agreement”), is entered into by and between PUERTO RICO ELECTRIC POWER AUTHORITY (the “Company”) and GOVERNMENT DEVELOPMENT BANK FOR PUERTO
EX-10.1 2 dakota163236_ex10-1.htm AMENDMENT NO. 3 TO FORBEARANCE AGREEMENT EXECUTION VERSION AMENDMENT NO. 3 TO FORBEARANCE AGREEMENTForbearance Agreement • May 5th, 2020
THIS AMENDMENT No. 3 TO FORBEARANCE AGREEMENT (this “Agreement”) is made and entered into as of September 20, 2016 by and among DAKOTA PLAINS TRANSLOADING, LLC, a Minnesota limited liability company (“Dakota Transloading”), DAKOTA PLAINS SAND, LLC, a Minnesota limited liability company (“Dakota Sand”), DAKOTA PLAINS MARKETING, LLC, a Minnesota limited liability company (“Dakota Marketing” and, together with Dakota Transloading and Dakota Sand, the “Borrowers”), DAKOTA PLAINS HOLDINGS, INC., a Nevada corporation (“Holdings”), DPTS MARKETING LLC, a Minnesota limited liability company (“DPTSM”), DAKOTA PETROLEUM TRANSPORT SOLUTIONS, LLC, a Minnesota limited liability company (“DPTS”), DPTS SAND, LLC, a Minnesota limited liability company (“DPTS Sand” and, together with Holdings, DPTSM and DPTS, the “Guarantors”), the Lenders (the “Lenders”) from time to time party to the Credit Agreement (defined below) and SUNTRUST BANK, in its capacity as Administrative Agent for the Lenders (in such ca
FORBEARANCE AGREEMENTForbearance Agreement • April 18th, 2023 • New York
This FORBEARANCE AGREEMENT (this “Agreement”), dated as of September 14, 2018 (the “Effective Date”), is entered into by and among PetroQuest Energy, Inc., a Delaware corporation (the “Issuer”), the Subsidiaries of the Issuer that are parties hereto (the “Guarantors”) and the Holders (as defined below) that are parties hereto (each an “Initial Forbearing Holder” and collectively, the “Initial Forbearing Holders”).
Exhibit 10.8.2 FORBEARANCE AGREEMENT THIS FORBEARANCE AGREEMENT, dated as of January 24, 2002 (the "AGREEMENT") is between STRATUS SERVICES GROUP, INC. ("STRATUS"), and SOURCE ONE PERSONNEL (together with its successors and assigns, hereinafter...Forbearance Agreement • January 25th, 2002 • Stratus Services Group Inc • Services-help supply services
Execution Version FORBEARANCE AGREEMENTForbearance Agreement • May 5th, 2020 • New York
This FORBEARANCE AGREEMENT (this “Agreement”), dated as of June 26, 2015 is entered into by (i) JOE’S JEANS SUBSIDIARY, INC., a Delaware corporation (“Joe’s”), and HUDSON CLOTHING, LLC, a California limited liability company (“Hudson” and together with Joe’s the “Borrowers”, and each a “Borrower”), JOE’S JEANS INC., a Delaware corporation (“Parent”), JOE’S JEANS RETAIL SUBSIDIARY, INC., a California corporation, INNOVO WEST SALES, INC., a Texas corporation, HC ACQUISITION HOLDINGS, INC., a Delaware corporation, HUDSON CLOTHING HOLDINGS, INC., a Delaware corporation (the “Guarantors” and collectively, with Joe’s, Hudson, and Parent, the “Loan Parties”), (ii) the lenders party hereto (each, a “Lender’’ and collectively, ‘‘Lenders’’) and (iii) GARRISON LOAN AGENCY SERVICES LLC (as administrative agent and collateral agent for the Lenders (in such capacity, “Agent”).
EX-10.2 5 d540517dex102.htm EX-10.2 EXECUTION VERSION FORBEARANCE AGREEMENTForbearance Agreement • May 5th, 2020
THIS FORBEARANCE AGREEMENT, dated as of March 27, 2018 (this “Agreement”), is entered into by and between Willbros Group, Inc., a Delaware corporation (the “Borrower”), the other Loan Parties identified on the signature pages hereto, Cortland Capital Market Services LLC, as administrative agent (in such capacity, together with its successors and permitted assigns, the “Administrative Agent”), and the lenders appearing on the signature pages hereto (the “Forbearing Lenders” and collectively with each other lender under the Credit Agreement (as defined below), the “Lenders”). Each of the foregoing shall be referred to herein as a “Party” and collectively as the “Parties”.
EXECUTION VERSION FORBEARANCE AGREEMENTForbearance Agreement • May 5th, 2020 • New York
THIS FORBEARANCE AGREEMENT, dated as of July 6, 2014 (this “Agreement”), is entered into by and between PUERTO RICO ELECTRIC POWER AUTHORITY (the “Company”) and CITIBANK, N.A. (the “Lender”). Each of the foregoing shall be referred to herein as a “Party” and collectively as the “Parties.”
THIRD AMENDED AND RESTATED FORBEARANCE AGREEMENTForbearance Agreement • May 7th, 2010 • Summit Hotel Properties, LLC • Hotels, rooming houses, camps & other lodging places • New York
This THIRD AMENDED AND RESTATED FORBEARANCE AGREEMENT is dated as of May 3, 2010 (the “Effective Date”), by and among DRAWBRIDGE SPECIAL OPPORTUNITIES FUND LP and FORTRESS CREDIT OPPORTUNITIES I LP (collectively, “Fortress”) and ETON PARK FUND, L.P., and ETON PARK CLO MANAGEMENT 2 (collectively “Eton Park” and together with Fortress, collectively “Lender”), and SUMMIT HOTEL PROPERTIES, LLC a South Dakota limited liability company, as borrower (“Borrower”), each SHP Subsidiary signatory hereto, and The Summit Group, Inc. (“Guarantor” together with Borrower and each SHP Subsidiary, collectively, the “Borrower Parties” and each a “Borrower Party”).
ContractForbearance Agreement • August 27th, 2020 • J.Jill, Inc. • Women's, misses', and juniors outerwear
Reference is hereby made to that certain First Amended and Restated Forbearance Agreement, dated as of July 15, 2020 (as amended, the “Forbearance Agreement”), by and among Jill Acquisition LLC, a Delaware limited liability company (“Borrower”), J.Jill, Inc., a Delaware corporation (as successor to Jill Holdings LLC, a Delaware limited liability company, “Holdings”), the other Guarantors party thereto, Jefferies Finance LLC, as Administrative Agent (the “Administrative Agent”), and the Lenders party thereto (each a “Forbearing Lender” and, together, the “Forbearing Lenders”). Capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed to them in the Forbearance Agreement.
FORBEARANCE AGREEMENTForbearance Agreement • October 1st, 2019 • New York
This Forbearance Agreement (as amended or modified from time to time, the “Agreement”) is dated as of August 14, 2014 and is entered into by and among Puerto Rico Electric Power Authority (“PREPA”) and CITIBANK, N.A. (the “Lender” or “Forbearing Creditor”). All parties hereto will be referred to herein collectively as the “Parties.”
EX-10.33 12 dex1033.htm THIRD AMENDMENT TO FORBEARANCE AGREEMENT Execution Version THIRD AMENDMENT TO FORBEARANCE AGREEMENT AND FOURTH AMENDMENT TO SECOND LIEN CREDIT AGREEMENTForbearance Agreement • May 5th, 2020 • New York
This THIRD AMENDMENT TO FORBEARANCE AGREEMENT AND FOURTH AMENDMENT TO SECOND LIEN CREDIT AGREEMENT (this “Amendment”) is made and entered into as of December 11, 2009, by and among the Lenders identified on the signature pages hereof (such lenders, together with their respective successors and permitted assigns, are referred to hereinafter each individually as a “Lender” and collectively as the “Lenders”), Purple Communications, Inc. (f/k/a GoAmerica, Inc.), a Delaware corporation (“Borrower”), the other Loan Parties signatory hereto and Clearlake Capital Group, L.P. as administrative agent for the Lenders (in such capacity, and together with its successors and permitted assigns, the “Administrative Agent”).
WITNESSETH:Forbearance Agreement • September 15th, 2003 • Atlas Air Inc • Air transportation, nonscheduled • New York
FORBEARANCE AGREEMENTForbearance Agreement • October 3rd, 2023 • Raadr, Inc. • Services-computer programming services • Nevada
This Forbearance Agreement (the “Agreement”) is entered into as of the 5th day of September, 2023, by and between Raadr, Inc., a Nevada corporation (the “Company”), and Dean Richards (“Lender”).
AMENDMENT NO. 3 TO FORBEARANCE AGREEMENTForbearance Agreement • April 5th, 2022 • Ion Geophysical Corp • Oil & gas field exploration services • New York
This AMENDMENT NO. 3 TO FORBEARANCE AGREEMENT (this “Amendment”) is made as of April 4, 2022, by and among ION Geophysical Corporation, a Delaware limited liability company (the “Company”), the guarantors party hereto (the “Guarantors”), and the undersigned beneficial holders (the “Directing Noteholders”) of, in the aggregate, $91,821,000 principal amount of the 8.00% Senior Secured Second Priority Notes due 2025 issued pursuant to the Indenture dated as of April 15, 2021 between the Company, UMB Bank, National Association, as trustee, UMB Bank, National Association, as collateral agent, and the guarantors party thereto, and amends the Forbearance Agreement, dated as of January 14, 2022, by and among the Company, the Guarantors, and the Directing Noteholders (the “Original Agreement,” and as amended by Amendment No. 2, dated as of March 7, 2022, and this Amendment, and when taken collectively as one agreement with the Original Agreement, the “Forbearance Agreement”). Capitalized terms
ContractForbearance Agreement • May 5th, 2020 • California
EX-10.1 2 mxwlex101forbearanceagreem.htm EXHIBIT 10.1 Exhibit 10.1 FORBEARANCE AGREEMENT This FORBEARANCE AGREEMENT (“Agreement”) is made and entered into as of June 17, 2013 by and among WELLS FARGO BANK, NATIONAL ASSOCIATION (herein called “Bank”) and MAXWELL TECHNOLOGIES, INC. (“Borrower”), with reference to the following facts and intentions of the parties: RECITALS A. Borrower is currently indebted to Bank pursuant to the terms and conditions of that certain Credit Agreement between Borrower and Bank dated as of December 5, 2011, as such may have been amended or modified from time to time (the “Loan Agreement”). In connection with the Loan Agreement, Bank provided Borrower (a) a revolving line of credit in the maximum principal amount of Fifteen Million Dollars ($15,000,000.00) (the “Revolving Line of Credit”) which is evidenced by that revolving line of credit note executed by Borrower in favor of Bank in the amount of the Line of Credit and dated as of December 5, 2011 (the "Rev
