Waiver Agreements

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1) WAIVER AND SEVENTH AMENDMENT TO THIRD AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT

Parties: CROSSROADS SYSTEMS INC | CROSSROADS SYSTEMS (TEXAS), INC | SILICON VALLEY BANK
Document Date: 2/17/2012
Industry: Computer Peripherals
Sector: Technology
Governing Law:Texas

2) WAIVER AND CONSENT AND EIGHTH AMENDMENT TO FINANCING AGREEMENT

3) WAIVER AND SECOND AMENDMENT TO CREDIT AGREEMENT

Parties: GRANITE CITY FOOD & BREWERY LTD. | Fifth Third Bank | Granite City Food & Brewery Ltd
Law Firm: Briggs Morgan
Document Date: 1/4/2012
Industry: Restaurants
Sector: Services
Governing Law:Illinois

4) GUARANTY AND SECURITY AGREEMENT THIS DOCUMENT CONTAINS A WAIVER OF TRIAL BY JURY

Parties: JONES SODA CO | Access Business Finance LLC
Document Date: 1/3/2012
Industry: Beverages (Non-Alcoholic)
Sector: Consumer/Non-Cyclical

5) GUARANTY AND SECURITY AGREEMENT THIS DOCUMENT CONTAINS A WAIVER OF TRIAL BY JURY

Parties: JONES SODA CO | Access Business Finance LLC
Document Date: 1/3/2012
Industry: Beverages (Non-Alcoholic)
Sector: Consumer/Non-Cyclical

6) GUARANTY AND SECURITY AGREEMENT THIS DOCUMENT CONTAINS A WAIVER OF TRIAL BY JURY

Parties: JONES SODA CO | Access Business Finance LLC | Jones Soda (Canada) Inc
Document Date: 1/3/2012
Industry: Beverages (Non-Alcoholic)
Sector: Consumer/Non-Cyclical

7) GUARANTY AND SECURITY AGREEMENT THIS DOCUMENT CONTAINS A WAIVER OF TRIAL BY JURY

Parties: JONES SODA CO | Access Business Finance LLC | Jones Soda Co (USA) Inc
Document Date: 1/3/2012
Industry: Beverages (Non-Alcoholic)
Sector: Consumer/Non-Cyclical

8) FIRST AMENDMENT TO CREDIT AGREEMENT AND WAIVER THEREUNDER

Parties: AVISTA CORP | AVISTA CORPORATION | WELLS FARGO BANK, NATIONAL ASSOCIATION
Law Firm: Davis Wright
Document Date: 12/16/2011
Industry: Electric Utilities
Sector: Utilities
Governing Law:New York

9) WAIVER

Parties: WESTWAY GROUP, INC. | Agman Louisiana Inc | Westway Group, Inc | Westway Holdings Corporation
Document Date: 11/14/2011
Industry: Food Processing
Sector: Consumer/Non-Cyclical
Governing Law:Delaware

10) WAIVER

Parties: WESTWAY GROUP, INC. | Agman Louisiana, Inc | Westway Group, Inc | Westway Holdings Corporation
Document Date: 11/14/2011
Industry: Food Processing
Sector: Consumer/Non-Cyclical
Governing Law:Delaware

11) WAIVER TO FOURTH AMENDED AND RESTATED CREDIT AGREEMENT

12) SEPARATION AGREEMENT AND WAIVER AND RELEASE

Parties: CARDIONET, INC. | CardioNet, Inc
Document Date: 10/27/2011
Industry: Medical Equipment and Supplies
Sector: Healthcare
Governing Law:Pennsylvania

13) THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENT WITH WAIVER

Parties: PRIMORIS SERVICES CORP | PRIMORIS SERVICES CORPORATION | PRIVATEBANK AND TRUST COMPANY
Document Date: 10/25/2011
Industry: Construction Services
Sector: Capital Goods

14) AMENDMENT AND WAIVER TO EQUIPMENT LEASE AGREEMENT

Parties: FABRENE, L.L.C. | CHICOPEE, INC | GOSSAMER HOLDINGS, LLC | ING SPUNMELT HOLDINGS LLC
Document Date: 10/25/2011
Governing Law:New York

15) AMENDMENT NO. 1 AND WAIVER TO LIMITED LIABILITY COMPANY AGREEMENT

Parties: KANSAS CITY SOUTHERN | ALABAMA GREAT SOUTHERN RAILROAD COMPANY | Kansas City Southern Railway Company | KCS HOLDINGS I, Inc | MERIDIAN SPEEDWAY, LLC | Norfolk Southern Railway Company
Document Date: 10/21/2011
Industry: Railroads
Sector: Transportation

16) WAIVER AGREEMENT

Parties: MDC HOLDINGS INC | MDC Holdings, Inc
Document Date: 10/13/2011
Industry: Construction Services
Sector: Capital Goods
Governing Law:Delaware

17) LIMITED WAIVER AND AMENDMENT TO LOAN AND SECURITY AGREEMENT

18) LIMITED WAIVER AND FIFTH AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT

Parties: HECLA MINING CO/DE/ | Bank of Nova Scotia | HECLA ALASKA LLC | HECLA GREENS CREEK MINING COMPANY | HECLA JUNEAU MINING COMPANY
Document Date: 10/11/2011
Industry: Gold and Silver
Sector: Basic Materials
Governing Law:New York

19) SECOND WAIVER AND FORBEARANCE AGREEMENT

Parties: CYBERDEFENDER CORP | GR Match LLC | GRM and CyberDefender Corporation
Law Firm: O'Melveny Myers;Latham Watkins
Document Date: 10/4/2011
Industry: Software and Programming
Sector: Technology
Governing Law:California

20) AMENDMENT AGREEMENT NO. 2 AND WAIVER to that certain

Parties: HARRIS INTERACTIVE INC | Issuing Bank | JPMORGAN CHASE BANK, NATIONAL ASSOCIATION
Law Firm: Bingham McCutchen
Document Date: 9/28/2011
Industry: Business Services
Sector: Services
Governing Law:New York

21) WAIVER AND AMENDMENT #2 TO DEBENTURE

Parties: SIONIX CORP | Sionix Corporation
Document Date: 9/27/2011
Industry: Misc. Capital Goods
Sector: Capital Goods
Governing Law:New York

22) THIRD CONSENT AND WAIVER AGREEMENT

23) THIRD AMENDMENT AND WAIVER TO SECOND-LIEN TERM LOAN CREDIT AGREEMENT

24) ACKNOWLEDGEMENT AND WAIVER AGREEMENT

25) MUTUAL WAIVER AND CONSENT

Parties: NCI BUILDING SYSTEMS INC | CD&R ASSOCIATES VIII, LTD | CD&R Funds | Clayton, Dubilier & Rice Fund VIII, LP | Friends & Family Fund VIII, LP | NCI Building Systems, Inc
Document Date: 9/8/2011
Industry: Construction Services
Sector: Capital Goods
Governing Law:Delaware

26) FORBEARANCE AGREEMENT AND WAIVER

27) FORBEARANCE AGREEMENT AND WAIVER

Parties: TBS INTERNATIONAL PLC | ALBEMARLE MARITIME CORP, ARDEN MARITIME CORP, AVON MARITIME CORP, BIRNAM MARITIME CORP, BRISTOL MARITIME CORP, CHESTER SHIPPING CORP, CUMBERLAND NAVIGATION CORP, DARBY NAVIGATION CORP, DOVER MARITIME CORP, ELROD SHIPPING CORP, EXETER SHIPPING CORP, FRANKFORT MARITIME CORP, GLENWOOD MARITIME CORP, HANSEN SHIPPING CORP, HARTLEY NAVIGATION CORP, HENLEY MARITIME CORP, HUDSON MARITIME CORP, JESSUP MARITIME CORP, MONTROSE MARITIME CORP, OLDCASTLE SHIPPING CORP, QUENTIN NAVIGATION CORP, RECTOR SHIPPING CORP, REMSEN NAVIGATION CORP, SHEFFIELD MARITIME CORP, SHERMAN MARITIME CORP, STERLING SHIPPING CORP, STRATFORD SHIPPING CORP, VEDADO MARITIME CORP, VERNON MARITIME CORP | BANK OF AMERICA, N.A. | BBVA COMPASS BANK | CAPITAL ONE LEVERAGE FINANCE CORP | COMERICA BANK | DVB Bank NV | DVB Group Merchant Bank (Asia) Ltd | Guaranty Bank | KEYBANK NATIONAL ASSOCIATION | MERRILL LYNCH COMMERCIAL FINANCE CORP | ROYAL BANK OF SCOTLAND PLC | TBS INTERNATIONAL LIMITED | TBS SHIPPING SERVICES INC | TD BANK, NA | TD Banknorth, NA | TRISTATE CAPITAL BANK | WEBSTER BANK NATIONAL ASSOCIATION | WINDSOR MARITIME CORP
Law Firm: Bingham McCutchen
Document Date: 9/8/2011
Governing Law:New York

28) FORBEARANCE AGREEMENT AND WAIVER

29) WAIVER AND CONSENT AND THIRD AMENDMENT TO REVOLVING CREDIT AGREEMENT

30) MORTGAGEE'S WAIVER EQUIPMENT FINANCE Schedule Number 1166954-001-0018787-001 WHEREAS, Union State Bank of Everest, ("Mortgagee") having an address at 701 Kansas Ave., Atchison, KS holds a mortgage and/or deed of trust on the premises situated at 1300 Main Street, Atchison, KS 60002 the "Premises

Parties: MGP INGREDIENTS INC | ALL REPLACEMENTS, PARTS, REPAIRS, ADDITIONS, ACCESSIONS AND ACCESSORIES INCORPORATED | FOREGOING, INCLUDING, WITHOUT LIMITATION, INSURANCE | Union State Bank of Everest | US Bancorp Equipment Finance, Inc | USREF and MGP Ingredients, Inc
Document Date: 9/2/2011
Industry: Food Processing
Sector: Consumer/Non-Cyclical

31) NOTICE, CONSENT, AMENDMENT AND WAIVER AGREEMENT

Parties: AS SEEN ON TV, INC. | H&H IMPORTS, INC | National Securities Corporation
Document Date: 8/31/2011
Industry: Apparel/Accessories
Sector: Consumer Cyclical

32) WAIVER

Parties: WESTWAY GROUP, INC. | Agman Louisiana Inc | Westway Group, Inc | Westway Holdings Corporation
Document Date: 8/31/2011
Industry: Food Processing
Sector: Consumer/Non-Cyclical
Governing Law:Delaware

33) FIRST AMENDMENT AND WAIVER TO THE PARTICIPATION INTEREST PURCHASE AGREEMENT DATED FEBRUARY 14, 2011

Parties: BMB MUNAI INC | BMB Munai, Inc | MIE Holdings Corporation | Palaeontol BV
Document Date: 8/31/2011
Industry: Oil and Gas Operations
Sector: Energy

34) FIFTH AMENDMENT TO CREDIT AGREEMENT & WAIVER

35) SECOND AMENDMENT TO LOAN AGREEMENT AND LIMITED DURATION WAIVER

Parties: TROPICANA LAS VEGAS HOTEL & CASINO, INC. | FOOTHILL GROUP, INC | HOTEL AND CASINO, INC | INTERMEDIATE HOLDINGS INC | TROPICANA LAS VEGAS, INC | WELLS FARGO BANK, NATIONAL ASSOCIATION
Law Firm: Thompson Hine;Mayer Brown
Document Date: 8/29/2011
Governing Law:New York

36) AMENDMENT NO. 4 AND MODIFICATION AND WAIVER TO SECOND AMENDED AND RESTATED FIRST LIEN CREDIT AGREEMENT

37) AMENDMENT NO. 7 TO AND WAIVER OF SECOND AMENDED AND RESTATED CREDIT AGREEMENT (First Lien)

38) AMENDMENT NO. 6 TO AND WAIVER OF SECOND AMENDED AND RESTATED CREDIT AGREEMENT

39) AMENDMENT NO. 8 AND WAIVER TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT (First Lien)

40) FIRST AMENDMENT TO LOAN AGREEMENT AND LIMITED WAIVER

Parties: MILLER ENERGY RESOURCES, INC. | BRISTOL INVESTMENT FUND, LTD | CITIBANK, NA | GUGGENHEIM CORPORATE FUNDING, LLC | Guggenheim Investment Management, LLC | MILLER ENERGY RESOURCES, INC | WP Mezzanine GP II LLC
Document Date: 8/29/2011
Industry: Oil and Gas Operations
Sector: Energy
Governing Law:New York

41) AMENDMENT AND WAIVER AGREEMENT

Parties: LI3 ENERGY, INC. | HAMPTON CORP | Li3 ENERGY, INC | LW Emerging Markets Natural Resources Opportunities Fund, Ltd | LW EMERGING MARKETS OPPORTUNITIES MASTER FUND, LTD | LW LATIN AMERICA SHORT DURATION FUND, LTD | POSCO Canada Ltd
Document Date: 8/26/2011
Industry: Non-Metallic Mining
Sector: Basic Materials
Governing Law:Nevada

42) FIRST AMENDMENT TO FINANCING AGREEMENT AND WAIVER

Parties: OVERSTOCK.COM, INC | OVERSTOCKCOM, INC | US BANK NATIONAL ASSOCIATION
Document Date: 8/22/2011
Industry: Retail (Catalog and Mail Order)
Sector: Services
Governing Law:Minnesota

43) WAIVER AND CONSENT

44) AMENDMENT TO NON-COMPETITION AND NON-SOLICITATION AGREEMENT MITIGATION CLAUSE WAIVER

Parties: FIRST SOLAR, INC. | First Solar, Inc
Document Date: 8/17/2011
Industry: Semiconductors
Sector: Technology

45) WAIVER

Parties: WESTWAY GROUP, INC. | Agman Louisiana Inc | Westway Group, Inc | Westway Holdings Corporation
Document Date: 8/15/2011
Industry: Food Processing
Sector: Consumer/Non-Cyclical
Governing Law:Delaware

46) SECOND AMENDMENT OF AMENDED AND RESTATED CREDIT AGREEMENT, LIMITED WAIVER AND BORROWING BASE REDETERMINATION

Parties: CARBON NATURAL GAS CO | BANK OF OKLAHOMA | BOKF, NA | NYTIS EXPLORATION COMPANY LLC
Document Date: 8/12/2011
Industry: Oil and Gas Operations
Sector: Energy
Governing Law:Colorado

47) TRANSITION BENEFITS, NONSOLICITATION, WAIVER AND RELEASE AGREEMENT

Parties: SUNTRUST BANKS INC | Timothy Sullivan and SunTrust Banks, Inc
Document Date: 8/12/2011
Industry: Regional Banks
Sector: Financial
Governing Law:Georgia

48) SEVERANCE AGREEMENT, WAIVER AND RELEASE

Parties: EVERGREEN ENERGY INC
Document Date: 8/12/2011
Industry: Software and Programming
Sector: Technology
Governing Law:Colorado

49) AMENDMENT NO. 2 TO LOAN AND SECURITY AGREEMENT AND WAIVER

50) WAIVER AND SECOND AMENDMENT TO CREDIT AGREEMENT

Parties: BLACK ELK ENERGY OFFSHORE OPERATIONS, LLC | ADMINISTRATIVE AGENT, ISSUING BANK | BLACK ELK ENERGY FINANCE CORP | BLACK ELK ENERGY LAND OPERATIONS, LLC | CAPITAL ONE, NA
Law Firm: Andrews Kurth
Document Date: 8/10/2011
Governing Law:Texas

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