RECITALS:Loan Agreement and Waiver • March 21st, 2006 • Penson Worldwide Inc • Security brokers, dealers & flotation companies • Texas
AMENDMENT NO. 2 TO LOAN AGREEMENT AND WAIVERLoan Agreement and Waiver • November 14th, 2001 • Oglebay Norton Co /Ohio/ • Mining & quarrying of nonmetallic minerals (no fuels) • Ohio
This AMENDMENT NO. 2 TO LOAN AGREEMENT AND WAIVER (this “Amendment”), made as of November 9, 2001, among OGLEBAY NORTON COMPANY (“Borrower”), the banking institutions named in Schedule 1 to the Loan Agreement (as hereinafter defined) (collectively, the “Banks” and individually, “Bank”), KEYBANK NATIONAL ASSOCIATION, as administrative agent for the Banks (“Agent”), BANK ONE, MICHIGAN, as syndication agent (“Syndication Agent”) and THE BANK OF NOVA SCOTIA, as documentation agent (“Documentation Agent”),
SECOND AMENDMENT TO LOAN AGREEMENT AND WAIVERLoan Agreement and Waiver • August 5th, 2009 • Design Within Reach Inc • Wholesale-furniture & home furnishings
This Second Amendment to Loan Agreement and Waiver (this “Amendment”) is entered into as of August 4, 2009 by and among Design Within Reach, Inc., a Delaware corporation (“Borrower”), Wells Fargo Retail Finance, LLC, individually and as administrative agent (“Agent”) under the Loan Agreement referred to below, and the other financial institutions signatory hereto as lenders.
FIFTH AMENDMENT TO RESTATED LOAN AGREEMENT AND WAIVERLoan Agreement and Waiver • October 20th, 2009 • GMX Resources Inc • Crude petroleum & natural gas
This Fifth Amendment to Restated Loan Agreement and Waiver (this “Amendment”) dated as of October 17, 2009, is made among GMX RESOURCES INC., an Oklahoma corporation (the “Borrower”), the BANKS (as defined below), CAPITAL ONE, NATIONAL ASSOCIATION, a national banking association, as administrative agent, arranger and bookrunner, for the Banks (and individually as a Bank), UNION BANK, N.A. (formerly known as Union Bank of California, N.A.), as syndication agent (and individually as a Bank), BNP PARIBAS, as co-documentation agent (and individually as a Bank), and COMPASS BANK, as co-documentation agent (and individually as a Bank), who agree as follows:
AMENDMENT NO. 2 TO LOAN AGREEMENT AND WAIVERLoan Agreement and Waiver • March 22nd, 2018 • Edgewater Technology Inc/De/ • Services-computer programming, data processing, etc. • Massachusetts
This Amendment No. 2 to Loan Agreement and Waiver dated and effective as of March 16, 2018 (this “Amendment”) is made by and among Edgewater Technology, Inc., (“Edgewater”) a Delaware corporation having an address of 200 Harvard Mill Square, Suite 210, Wakefield, Massachusetts 01880 and its Subsidiaries now or hereafter listed in Schedule 1 hereto (with Edgewater, collectively, the “Borrower”) and Citizens Bank, N.A., formerly known as RBS Citizens, N.A. a national banking association with an address at 28 State Street, Boston, Massachusetts 02109 (the “Lender”). All capitalized terms used herein, and not otherwise defined herein, shall have the meanings ascribed to such terms in the Loan Agreement (as defined below).
LOAN AGREEMENTLoan Agreement and Waiver • December 5th, 2006 • Jamba, Inc. • Blank checks • California
This Agreement dated as of October 30, 2003, is between Bank of America, N.A. (the “Bank”) and Jamba Juice Company, a California corporation (the “Borrower”).
AMENDMENT NO. 2 TO LOAN AGREEMENT AND WAIVERLoan Agreement and Waiver • April 16th, 2013 • Insys Therapeutics, Inc. • Pharmaceutical preparations
This Amendment No. 2 and Waiver (the “Amendment”) dated as of March 27, 2013, is between Bank of America, N.A. (the “Bank”) and Insys Therapeutics, Inc. (the “Borrower”).
THIRD AMENDMENT TO LOAN AGREEMENT AND WAIVERLoan Agreement and Waiver • September 26th, 2014 • Sunlink Health Systems Inc • Services-general medical & surgical hospitals, nec • Oklahoma
THIS THIRD AMENDMENT TO LOAN AGREEMENT AND WAIVER (this “Amendment”) is effective as of June 30, 2014, among Southern Health Corporation of Houston, Inc., a Georgia corporation (“Borrower”), Crown Healthcare Investments, LLC, a Georgia limited liability company (f/k/a MedCare South, LLC) (“Crown”), SunLink Health Systems, Inc., an Ohio corporation (“SunLink” and, together with Crown, “Guarantors”) and Bank SNB, National Association (f/k/a Stillwater National Bank and Trust Company) (“Lender”).
THIRD AMENDMENT TO LOAN AGREEMENT AND WAIVERLoan Agreement and Waiver • September 26th, 2014 • Sunlink Health Systems Inc • Services-general medical & surgical hospitals, nec • Oklahoma
THIS THIRD AMENDMENT TO LOAN AGREEMENT AND WAIVER (this “Amendment”) is effective as of June 30, 2014, among Southern Health Corporation of Houston, Inc., a Georgia corporation (“Borrower”), Crown Healthcare Investments, LLC, a Georgia limited liability company (f/k/a MedCare South, LLC) (“Crown”), SunLink Health Systems, Inc., an Ohio corporation (“SunLink” and, together with Crown, “Guarantors”) and Bank SNB, National Association (f/k/a Stillwater National Bank and Trust Company) (“Lender”).
AMENDMENT NO 5 TO LOAN AGREEMENT AND WAIVER August 14, 2019Loan Agreement and Waiver • August 20th, 2019 • Amyris, Inc. • Industrial organic chemicals • California
For good and valuable consideration, the receipt and sufficient of which are hereby acknowledged, Borrower and Foris agree as follows:
AMENDMENT TO LOAN AGREEMENT AND WAIVERLoan Agreement and Waiver • February 8th, 2022 • Graham Corp • General industrial machinery & equipment
This AMENDMENT TO LOAN AGREEMENT AND WAIVER (this “Agreement”) is made and entered into as of February 4, 2022 by and among GRAHAM CORPORATION, a Delaware corporation (the “Borrower”), GHM Acquisition Corp., a Delaware corporation (“GHM”), Graham Acquisition I, LLC, a Delaware limited liability company (“Acquisition”), BARBER-NICHOLS, LLC, a Colorado limited liability company (“BNI” and, collectively with GHM and Acquisition, the “Guarantors” and each a “Guarantor”; the Guarantors, together with the Borrower, the “Obligors” and each an “Obligor”), and BANK OF AMERICA, N.A. (the “Bank”). Capitalized terms used but not defined herein shall have the meanings given to such terms in the Loan Agreement (as defined below).
AMENDMENT NO. 3 TO LOAN AGREEMENT AND WAIVERLoan Agreement and Waiver • May 14th, 2018 • Edgewater Technology Inc/De/ • Services-computer programming, data processing, etc. • Massachusetts
This Amendment No. 3 to Loan Agreement and Waiver dated and effective as of May 10, 2018 (this “Amendment”) is made by and among Edgewater Technology, Inc., (“Edgewater”) a Delaware corporation having an address of 200 Harvard Mill Square, Suite 210, Wakefield, Massachusetts 01880 and its Subsidiaries now or hereafter listed in Schedule 1 hereto (with Edgewater, collectively, the “Borrower”) and Citizens Bank, N.A., formerly known as RBS Citizens, N.A. a national banking association with an address at 28 State Street, Boston, Massachusetts 02109 (the “Lender”). All capitalized terms used herein, and not otherwise defined herein, shall have the meanings ascribed to such terms in the Loan Agreement (as defined below).
THIRD AMENDMENT TO LOAN AGREEMENT AND WAIVERLoan Agreement and Waiver • June 9th, 2022 • Graham Corp • General industrial machinery & equipment
This THIRD AMENDMENT TO LOAN AGREEMENT AND WAIVER (this “Agreement”) is made and entered into as of June 7, 2022 by and among GRAHAM CORPORATION, a Delaware corporation (the “Borrower”), GHM Acquisition Corp., a Delaware corporation (“GHM”), Graham Acquisition I, LLC, a Delaware limited liability company (“Acquisition”), BARBER-NICHOLS, LLC, a Colorado limited liability company (“BNI” and, collectively with GHM and Acquisition, the “Guarantors” and each a “Guarantor”; the Guarantors, together with the Borrower, the “Obligors” and each an “Obligor”), and BANK OF AMERICA, N.A. (the “Bank”). Capitalized terms used but not defined herein shall have the meanings given to such terms in the Loan Agreement (as defined below).
FIFTH AMENDMENT TO LOAN AGREEMENT AND WAIVERLoan Agreement and Waiver • August 14th, 2007 • Western Reserve Bancorp Inc • State commercial banks • Minnesota
THIS FIFTH AMENDMENT TO LOAN AGREEMENT AND WAIVER (this “Amendment”) is made and entered into as of June 21, 2007 by and between WESTERN RESERVE BANCORP, INC., an Ohio corporation (the “Borrower”) and TCF NATIONAL BANK, a national banking association (the “Bank”).
EIGHTH AMENDMENT TO LOAN AGREEMENT AND WAIVERLoan Agreement and Waiver • August 14th, 2009 • Western Reserve Bancorp Inc • State commercial banks • Minnesota
THIS EIGHTH AMENDMENT TO LOAN AGREEMENT AND WAIVER (this “Amendment”) is made and entered into as of June 19, 2009 by and between WESTERN RESERVE BANCORP, INC., an Ohio corporation (the “Borrower”) and TCF NATIONAL BANK, a national banking association (the “Bank”).
FOURTH AMENDMENT TO LOAN AGREEMENT AND WAIVERLoan Agreement and Waiver • February 14th, 2017 • Sunlink Health Systems Inc • Services-general medical & surgical hospitals, nec • Oklahoma
THIS FOURTH AMENDMENT TO LOAN AGREEMENT AND WAIVER (this “Amendment”) is dated as of January 6, 2017, among Southern Health Corporation of Houston, Inc., a Georgia corporation (“Borrower”), Crown Healthcare Investments, LLC, a Georgia limited liability company (f/k/a MedCare South, LLC) (“Crown”), SunLink Health Systems, Inc., an Ohio corporation (“SunLink” and, together with Crown, “Guarantors”) and Bank SNB, National Association (f/k/a Stillwater National Bank and Trust Company) (“Lender”).
SECOND AMENDMENT TO NINTH RESTATED LOAN AGREEMENT AND WAIVERLoan Agreement and Waiver • March 11th, 2004 • Clayton Williams Energy Inc /De • Crude petroleum & natural gas • Texas
THIS SECOND AMENDMENT TO NINTH RESTATED LOAN AGREEMENT AND WAIVER (hereinafter referred to as the “Second Amendment”) executed as of the day of December, 2003, by and among CLAYTON WILLIAMS ENERGY, INC., a Delaware corporation (the “CWE”), WARRIOR GAS CO., a Texas corporation (“Warrior “) (CWE and Warrior being hereinafter sometimes collectively referred to as “Borrower”), CWEI ACQUISITIONS, INC., a Delaware corporation (“CWEI”), CWEI ROMERE PASS ACQUISITION CORP., a Delaware corporation (“CWEIRPA”) and ROMERE PASS ACQUISITION L.L.C., a Delaware limited liability company (“Romere”) (CWEI, CWEIRPA and Romere being hereinafter sometimes collectively referred to as “Guarantors”), BANK ONE, NA, a national banking association (“Bank One”), UNION BANK OF CALIFORNIA, N.A., a national banking association (“Union”) and BANK OF SCOTLAND (“BOS”) (Bank One, Union Bank and BOS each in their capacity as a lender hereunder together with each and every future holder of any note issued pursuant to this
AMENDMENT NO. 1 TO LOAN AGREEMENT AND WAIVERLoan Agreement and Waiver • August 10th, 2001 • Oglebay Norton Co /Ohio/ • Mining & quarrying of nonmetallic minerals (no fuels) • Ohio
This AMENDMENT NO. 1 TO LOAN AGREEMENT AND WAIVER (this "Amendment"), made as of June 30, 2001, among OGLEBAY NORTON COMPANY ("Borrower"), the banking institutions named in Schedule 1 to the Loan Agreement (as hereinafter defined) (collectively, the "Banks" and individually, "Bank"), KEYBANK NATIONAL ASSOCIATION, as administrative agent for the Banks ("Agent"), BANK ONE, MICHIGAN, as syndication agent ("Syndication Agent") and THE BANK OF NOVA SCOTIA, as documentation agent ("Documentation Agent").
AMENDMENT NO. 2 TO LOAN AGREEMENT AND WAIVERLoan Agreement and Waiver • April 17th, 2002 • Chyron Corp • Photographic equipment & supplies • New York
AMSOUTH BANK, an Alabama banking corporation (the "Bank"), with an office at 350 Park Avenue, New York, New York 10022, and CHYRON CORPORATION, a New York corporation (the "Borrower"), with its principal place of business at 5 Hub Drive, Melville, New York 11747.
