Waiver Agreements

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1) WAIVER NO. 4 TO CREDIT AGREEMENT

Parties: ENERGY COAL RESOURCES, INC. | BOWIE RESOURCES MANAGEMENT PARTNER, LLC | BOWIE RESOURCES, LLC | COLORADO HOLDING COMPANY, INC
Document Date: 11/7/2008
Governing Law:New York

2) WAIVER AND AMENDMENT NO. 3 TO CREDIT AGREEMENT

Parties: ENERGY COAL RESOURCES, INC. | BOWIE RESOURCES MANAGEMENT PARTNER, LLC | BOWIE RESOURCES, LLC | COLORADO HOLDING COMPANY, INC
Document Date: 11/7/2008
Governing Law:New York

3) WAIVER NO. 3 TO CREDIT AGREEMENT

Parties: ENERGY COAL RESOURCES, INC. | Bowie Resources Management Partner, LLC | Bowie Resources, LLC | Colorado Holding Company, Inc
Document Date: 11/7/2008
Governing Law:New York

4) WAIVER NO. 2 TO CREDIT AGREEMENT

Parties: ENERGY COAL RESOURCES, INC. | Bowie Resources Management Partner, LLC | Bowie Resources, LLC | Colorado Holding Company, Inc
Document Date: 11/7/2008
Governing Law:New York

5) WAIVER NO. 1 TO CREDIT AGREEMENT

Parties: ENERGY COAL RESOURCES, INC. | Bowie Resources Management Partner, LLC | Bowie Resources, LLC | Colorado Holding Company, Inc
Document Date: 11/7/2008
Governing Law:New York

6) FORBEARANCE AGREEMENT, AMENDMENT TO WAIVER AND AMENDMENT NO. 5 TO CREDIT AGREEMENT

Parties: ENERGY COAL RESOURCES, INC. | BOWIE RESOURCES MANAGEMENT PARTNER, LLC | BOWIE RESOURCES, LLC | COLORADO HOLDING COMPANY, INC | s Real Estate
Document Date: 11/7/2008
Governing Law:New York

7) CONSENT, LIMITED WAIVER AND AMENDMENT NO. 4 TO THE CREDIT AGREEMENT

Parties: ENERGY COAL RESOURCES, INC. | BOWIE RESOURCES MANAGEMENT PARTNER, LLC | BOWIE RESOURCES, LLC | COLORADO HOLDING COMPANY, INC | W2 Holdings LLC
Document Date: 11/7/2008
Governing Law:New York

8) OMNIBUS AMENDMENT AND WAIVER

9) OMNI ENERGY SERVICES CORP. SECOND AMENDMENT AND WAIVER TO LOAN AGREEMENT

10) FIRST AMENDMENT TO CREDIT AND SECURITY AGREEMENTS AND WAIVER OF DEFAULT

Parties: IRIDEX CORPORATION | WELLS FARGO BANK, NATIONAL ASSOCIATION
Document Date: 11/7/2008
Industry: HTHEQP
Sector: HEALTH
Governing Law:California

11) TRANSITION AGREEMENT AND RELEASE AND WAIVER OF CLAIMS

Parties: WESBANCO INC
Document Date: 11/6/2008
Industry: BANKRG
Sector: FINANC
Governing Law:West Virginia

12) WAIVER AND SIXTH AMENDMENT TO CREDIT AGREEMENT

Parties: SUMTOTAL SYSTEMS INC | PATHLORE SOFTWARE LIMITED | SumTotal Systems Netherlands BV | SumTotal Systems UK Ltd | WELLS FARGO FOOTHILL, INC
Document Date: 11/6/2008
Industry: CMPSRV
Sector: TECHNO
Governing Law:New York

13) WORKING CAPITAL COMMERCIAL NOTE IMPORTANT NOTICE: THIS INSTRUMENT CONTAINS A CONFESSION OF JUDGMENT PROVISION WHICH CONSTITUTES A WAIVER OF IMPORTANT RIGHTS YOU MAY HAVE AS A DEBTOR AND ALLOWS THE CREDITOR TO OBTAIN A JUDGMENT AGAINST YOU WITHOUT ANY FURTHER NOTICE

Parties: HORNE INTERNATIONAL, INC. | Horne International, Inc
Document Date: 11/6/2008
Industry: SVSBUS
Sector: SERVIC
Governing Law:Florida

14) Amendment and Waiver to Registration Rights Agreement

15) AMENDED AND RESTATED OWNERSHIP LIMIT WAIVER AGREEMENT

Parties: LEXINGTON REALTY TRUST | Vornado Realty LP
Law Firm: Wilmer Cutler;Morgan Lewis
Document Date: 11/6/2008
Industry: REOPER
Sector: SERVIC
Governing Law:Maryland

16) OMNIBUS AMENDMENT AND WAIVER AGREEMENT

17) OMNIBUS AMENDMENT AND WAIVER AGREEMENT

18) WAIVER AND RELEASE

Parties: NorthWestern Corporation
Document Date: 10/30/2008
Industry: ELECTU
Sector: UTILIT
Governing Law:South Dakota

19) SIXTH MODIFICATION AGREEMENT AND COVENANT WAIVER

Parties: VINEYARD NATIONAL BANCORP | FIRST TENNESSEE BANK NATIONAL ASSOCIATION
Document Date: 10/29/2008
Industry: BANKRG
Sector: FINANC
Governing Law:Tennessee

20) Subject: Letter Waiver

Parties: PACCAR INC
Document Date: 10/27/2008
Industry: CARMFG
Sector: CYCLIC

21) WAIVER

22) Limited Duration Waiver Agreement

Parties: BMO CAPITAL MARKETS CORP | Pilgrim's Pride Corporation | PILGRIM'S PRIDE FUNDING CORPORATION
Law Firm: Mayer Brown
Document Date: 10/27/2008
Industry: FODMFG
Sector: NONCYC

23) LIMITED DURATION WAIVER OF POTENTIAL DEFAULTS AND EVENTS OF DEFAULT UNDER CREDIT AGREEMENT

24) PILGRIM'S PRIDE CORPORATION LIMITED DURATION WAIVER AGREEMENT

Parties: Bank of Montreal | BThe Company | PILGRIM'S PRIDE CORPORATION
Document Date: 10/27/2008
Industry: FODMFG
Sector: NONCYC

25) LIMITED WAIVER TO CREDIT AGREEMENT

26) AMENDMENT AGREEMENT NO. 6 AND WAIVER

Parties: REGENCY ENERGY PARTNERS LP | CDM RESOURCE MANAGEMENT LLC | WACHOVIA CAPITAL MARKETS, LLC | WGP-KHC, LLC
Law Firm: Cahill Gordon
Document Date: 10/16/2008
Industry: NATGAS
Sector: UTILIT
Governing Law:New York

27) IRREVOCABLE WAIVER AND TERMINATION AGREEMENT

Parties: ENDOCARE INC
Document Date: 10/15/2008
Industry: HTHEQP
Sector: HEALTH
Governing Law:California

28) AMENDMENT AND WAIVER

Parties: ALDEROX, INC. | PALA INVESTMENTS HOLDINGS LIMITED
Document Date: 10/14/2008
Industry: CHMMFG
Sector: BASICM
Governing Law:California

29) WAIVER TO FINANCING AGREEMENT AND DEPOSITARY AND DISBURSEMENT AGREEMENT

30) THIRD AMENDMENT TO MUTUAL WAIVER AGREEMENT

Parties: MTS SYSTEMS CORP | MTS Systems (China) Co, Ltd | Shenzhen SANS Material Testing Co, Ltd, | Shenzhen SANS Measurement Technique Co, Ltd, | Shanghai SANS Testing Machine Co, Ltd
Document Date: 10/2/2008
Industry: SCIINS
Sector: TECHNO

31) SECOND AMENDMENT TO MUTUAL WAIVER AGREEMENT

32) AMENDMENT TO MUTUAL WAIVER AGREEMENT

Parties: MTS SYSTEMS CORP | MTS Systems (China) Co, Ltd | Shenzhen SANS Material Testing Co., Ltd | Shenzhen SANS Measurement Technique Co., Ltd., | Shanghai SANS Testing Machine Co., Ltd.,
Document Date: 10/2/2008
Industry: SCIINS
Sector: TECHNO

33) Mutual Waiver Agreement

Parties: MTS SYSTEMS CORP | MTS Systems (Shanghai) Co, Ltd | Shenzhen SANS Material Testing Co, Ltd, Shenzhen SANS Measurement Technique Co, Ltd, Shanghai SANS Testing Machine Co, Ltd
Document Date: 10/2/2008
Industry: SCIINS
Sector: TECHNO

34) TENTH AMENDMENT TO CREDIT AGREEMENT AND LIMITED WAIVER

35) AMENDMENT NO. 2 AND WAIVER TO CREDIT AGREEMENT

Parties: MEDICAL ACTION INDUSTRIES INC | JPMORGAN CHASE BANK, NA | MAI ACQUISITION CORP | MEDEGEN MEDICAL PRODUCTS, LLC | MEDEGEN NEWCO, LLC
Document Date: 10/1/2008
Industry: HTHEQP
Sector: HEALTH
Governing Law:New York

36) SECOND AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT AND WAIVER

37) WAIVER AND AMENDMENT NO. 1 TO CREDIT AND GUARANTY AGREEMENT

38) PILGRIM'S PRIDE CORPORATION LIMITED DURATION WAIVER AGREEMENT

Parties: BMO CAPITAL MARKETS CORP | PILGRIM'S PRIDE CORPORATION | PILGRIM'S PRIDE FUNDING CORPORATION
Document Date: 9/29/2008
Industry: FODMFG
Sector: NONCYC

39) PILGRIM'S PRIDE CORPORATION LIMITED DURATION WAIVER AGREEMENT

Parties: PILGRIMS PRIDE CORP
Document Date: 9/29/2008
Industry: FODMFG
Sector: NONCYC

40) LIMITED DURATION WAIVER OF POTENTIAL DEFAULTS AND EVENTS OF DEFAULT UNDER CREDIT AGREEMENT

Parties: PILGRIMS PRIDE CORP | AIG Annuity Insurance Company | AIG International Group, Inc | American General Assurance Company | Metropolitan Life Insurance Company | Pilgrim's Pride Corporation | Prudential Insurance Company of America | Transamerica Life Insurance Company | United States Life Insurance Company | Variable Annuity Life Insurance Company
Document Date: 9/29/2008
Industry: FODMFG
Sector: NONCYC
Governing Law:Colorado

41) FOURTH AMENDMENT AND WAIVER TO CREDIT AGREEMENT

Parties: MORTONS RESTAURANT GROUP INC | PORTERHOUSE, INC | WACHOVIA BANK, NATIONAL ASSOCIATION
Law Firm: Moore Van
Document Date: 9/26/2008
Industry: EATING
Sector: SERVIC

42) Re: Waiver to the Loan and Security Agreement

Parties: MEDIA SCIENCES INTERNATIONAL INC | Cadapult Graphic Systems, Inc. | PNC Bank, National Association
Document Date: 9/25/2008
Industry: CHMMFG
Sector: BASICM

43) WAIVER AND AMENDMENT TO LEASE

Parties: MEDIA SCIENCES INTERNATIONAL INC | MEDIA SCIENCES, INC | PNC EQUIPMENT FINANCE, LLC | PNC Leasing, LLC
Document Date: 9/25/2008
Industry: CHMMFG
Sector: BASICM

44) RESIGNATION AGREEMENT AND GENERAL RELEASE AND WAIVER

Parties: NUTRITION 21 INC
Document Date: 9/25/2008
Industry: BIOTRX
Sector: HEALTH
Governing Law:New York

45) THIRD AMENDMENT AND WAIVERS DATED AS OF MAY 29, 2007 TO AMENDED AND RESTATED LOAN AGREEMENT

46) MODIFICATION, WAIVER AND ACKNOWLEDGEMENT AGREEMENT

Parties: COMMONWEALTH BIOTECHNOLOGIES INC | BRIO CAPITAL SELECT LLC
Document Date: 9/24/2008
Industry: BIOTRX
Sector: HEALTH

47) SEPTEMBER 2008 WAIVER AND AMENDMENT

48) WAIVER NO. 1

49) WAIVER AND AMENDMENT TO LOAN AND SECURITY AGREEMENT

Parties: Bioject Medical Technologies, Inc | Bioject, Inc | Growth, LLC | GROWTH, LP
Document Date: 9/19/2008
Industry: HTHEQP
Sector: HEALTH
Governing Law:California

50) FOURTH AMENDMENT TO AND WAIVER OF LOAN AGREEMENT

Parties: G&E Apartment REIT Canyon Ridge, LLC | Grubb & Ellis Apartment REIT Holdings, LP | GRUBB & ELLIS APARTMENT REIT, INC | NNN Apartment REIT Holdings, LP | NNN Apartment REIT, Inc | WACHOVIA BANK, NATIONAL ASSOCIATION
Document Date: 9/19/2008
Governing Law:North Carolina

51) REVISED AND AMENDED SIXTH WAIVER AND MODIFICATION AGREEMENT

Parties: BLASTGARD INTERNATIONAL, INC | GENESIS MICROCAP INC | TRW HOLDINGS PTY LIMITED
Document Date: 9/18/2008
Industry: CONGLM
Sector: CONGLO
Governing Law:New York

52) FORBEARANCE AGREEMENT AND NOTICE OF CONTINUING DEFAULT

Parties: PC UNIVERSE INC | IBM Credit LLC
Document Date: 9/4/2008
Industry: LRTOYS
Sector: CYCLIC

53) AMENDMENT TO DEBENTURES, AGREEMENT AND WAIVER

Parties: BridgePointe Master Fund Ltd | CryoPort, Inc | Enable Growth Partners LP | Enable Opportunity Partners LP | Pierce Diversified Strategy Master Fund LLC
Document Date: 9/3/2008

54) THIRD MODIFICATION, WAIVER AND ACKNOWLEDGEMENT AGREEMENT

Parties: LIBERTY STAR URANIUM & METALS CORP.
Document Date: 9/3/2008
Industry: METALS
Sector: BASICM

55) FIRST AMENDMENT TO CREDIT AGREEMENT AND WAIVER

56) AMENDMENT NO. 14 TO AMENDED AND RESTATED CREDIT AGREEMENT AND WAIVER

Parties: WACHOVIA BANK, NATIONAL ASSOCIATION | WOLVERINE TUBE, INC
Law Firm: Winston Strawn
Document Date: 8/29/2008
Industry: FABPRD
Sector: BASICM
Governing Law:North Carolina

57) WAIVER AND AMENDMENT NO. 2 TO SECOND AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENT

Parties: WOLVERINE TUBE INC | DEJ 98 Finance, LLC | Wachovia Bank, National Association | Wolverine Finance, LLC | Wolverine Tube, Inc
Law Firm: Latham Watkins
Document Date: 8/29/2008
Industry: FABPRD
Sector: BASICM
Governing Law:New York

58) WAIVER AND RELEASE AGREEMENT

Parties: Gardner Denver, Inc
Document Date: 8/27/2008
Industry: MSCGDS
Sector: CAPGDS
Governing Law:Illinois

59) WAIVER AND RELEASE

Parties: NorthWestern Corporation
Document Date: 8/26/2008
Industry: ELECTU
Sector: UTILIT
Governing Law:South Dakota

60) JOSEPH GUNNAR SHARE ISSUANCE AND WAIVER AGREEMENT

Parties: Ad Authority, Inc | Duncan Capital Partners, LLC | Iakona, Inc | Joseph Gunnar & Co, LLC | Morlex, Inc
Law Firm: Butzel Long
Document Date: 8/26/2008
Governing Law:New York

61) FORBEARANCE AGREEMENT AND CONSENT, WAIVER AND AMENDMENT NO. 1 TO SECOND LIEN CREDIT AND GUARANTY AGREEMENT

62) FORBEARANCE AGREEMENT AND CONSENT, WAIVER AND AMENDMENT NO. 1 TO FIRST LIEN CREDIT AND GUARANTY AGREEMENT

63) IRREVOCABLE WAIVER AND TERMINATION AGREEMENT

Parties: ENDOCARE INC
Law Firm: Quinn Emanuel
Document Date: 8/22/2008
Industry: HTHEQP
Sector: HEALTH
Governing Law:California

64) THIRTEENTH AMENDMENT TO, AND WAIVER UNDER, CREDIT AGREEMENT

Parties: TEXTRON FINANCIAL CORPORATION | TRC COMPANIES, INC | WELLS FARGO FOOTHILL, INC
Document Date: 8/21/2008
Industry: WASTEM
Sector: SERVIC
Governing Law:New York

65) FY 09 AWARDS/UK EXPAT WAIVER

Parties: HEINZ H J CO
Document Date: 8/21/2008
Industry: FODMFG
Sector: NONCYC
Governing Law:Pennsylvania

66) WAIVER AND CONSENT

Parties: Enable Capital Management | GPC LX LLC | Pierce Diversified Strategy Master Fund LLC | Star Energy Corporation | Wolverine Convertible Arbitrage Fund Trading Ltd
Document Date: 8/14/2008
Governing Law:New York

67) WAIVER AND CONSENT

Document Date: 8/14/2008
Governing Law:New York

68) AMENDMENT and WAIVER

Parties: JPMORGAN CHASE BANK, NA | KEYBANK NATIONAL ASSOCIATION | PAREXEL INTERNATIONAL CORPORATION | PAREXEL INTERNATIONAL HOLDING BV | PAREXEL INTERNATIONAL HOLDING UK LIMITED
Document Date: 8/13/2008
Industry: BIOTRX
Sector: HEALTH
Governing Law:New York

69) SECOND AMENDMENT TO FIRST LIEN CREDIT AGREEMENT, WAIVER AND CONSENT

70) SECOND AMENDMENT TO SECOND LIEN CREDIT AGREEMENT, WAIVER AND CONSENT

71) THIRD AMENDMENT TO SECOND LIEN CREDIT AGREEMENT AND FIRST AMENDMENT TO SECOND AMENDMENT TO SECOND LIEN CREDIT AGREEMENT, WAIVER AND CONSENT

72) THIRD AMENDMENT TO FIRST LIEN CREDIT AGREEMENT AND FIRST AMENDMENT TO SECOND AMENDMENT TO FIRST LIEN CREDIT AGREEMENT, WAIVER AND CONSENT

73) Syndicated Credit Agreement dated 2 December 2002 (as amended and restated on 21 May 2008, the ?Credit Agreement?) Notice of default and waiver

Parties: Bell Microproducts Limited
Document Date: 8/11/2008
Industry: SEMICO
Sector: TECHNO

74) WAIVER AND SECOND AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT

Parties: WESTELL TECHNOLOGIES INC | CONFERENCE PLUS, INC | LASALLE BANK NATIONAL ASSOCIATION
Document Date: 8/11/2008
Industry: COMEQP
Sector: TECHNO
Governing Law:Illinois

75) EIGHTH MODIFICATION OF LOAN DOCUMENTS AND COVENANT WAIVER

76) AMENDMENT NUMBER FOURTEEN TO CREDIT AGREEMENT AND WAIVER

77) AMENDMENT NO. 2, CONSENT AND LIMITED WAIVER TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT

Parties: COVENANT TRANSPORTATION GROUP INC | BANK OF AMERICA, N.A. | COVENANT ASSET MANAGEMENT, INC | COVENANT TRANSPORT SOLUTIONS, INC
Document Date: 8/11/2008
Industry: TRUCKS
Sector: TRANSP
Governing Law:Tennessee

78) LIMITED WAIVER TO LOAN AGREEMENT

Parties: Covenant Transport, Inc | COVENANT TRANSPORTATION GROUP, INC | CVTI RECEIVABLES CORP | SunTrust Capital Markets, Inc | SUNTRUST ROBINSON HUMPHREY, INC
Document Date: 8/11/2008
Industry: TRUCKS
Sector: TRANSP
Governing Law:New York

79) SEVENTH AMENDMENT AND WAIVER

Parties: ABITIBIBOWATER INC | BOWATER ALABAMA LLC | BOWATER AMERICA INC | BOWATER NUWAY MID-STATES INC | WACHOVIA BANK, NATIONAL ASSOCIATION
Document Date: 8/11/2008
Industry: PAPERP
Sector: BASICM
Governing Law:New York

80) AMENDMENT, AGREEMENT AND WAIVER

Parties: AHR CAPITAL BOFA LIMITED | ANTHRACITE CAPITAL, INC | BANK OF AMERICA, N.A.
Document Date: 8/11/2008
Industry: REOPER
Sector: SERVIC
Governing Law:New York

81) WAIVER

Parties: Cerberus Capital Partners, LP | CMH Holdings LLC | GMAC Affiliate | GMAC LLC | ResCap, GMAC and General Motors Corporation
Document Date: 8/8/2008
Governing Law:New York

82) AGREEMENT, WAIVER AND GENERAL RELEASE

Parties: LINCOLN NATIONAL CORP
Law Firm: Cozen O'Connor
Document Date: 8/8/2008
Industry: INSLIF
Sector: FINANC

83) CONFIDENTIAL WAIVER AND RELEASE AGREEMENT

Parties: Horace Mann Service Corporation
Document Date: 8/8/2008
Industry: INSPPY
Sector: FINANC
Governing Law:Illinois

84) RELEASE AND WAIVER OF AGE DISCRIMINATION CLAIMS

Parties: US Equal Employment Opportunity Commission | VeriSign, Inc
Document Date: 8/8/2008
Industry: SOFTWR
Sector: TECHNO

85) WAIVER AGREEMENT

86) FIRST AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT AND WAIVER

Parties: NATUS MEDICAL INCORPORATED | WELLS FARGO BANK, NATIONAL ASSOCIATION
Document Date: 8/6/2008
Industry: HTHEQP
Sector: HEALTH
Governing Law:California

87) AMENDMENT 1 TO AMENDED AND RESTATED WAIVER AND STANDBY PURCHASE AGREEMENT

88) WAIVER AND AMENDMENT AGREEMENT TO FOURTH AMENDED AND RESTATED CREDIT AGREEMENT

89) WAIVER AND FIRST AMENDMENT TO CREDIT AGREEMENT

90) CONSENT AND WAIVER

Parties: Generex Biotechnology Corporation | Rockmore Investment Master Fund Ltd
Document Date: 8/1/2008
Industry: BIOTRX
Sector: HEALTH

91) CONSENT AND WAIVER

Parties: Generex Biotechnology Corporation | Smithfield Fiduciary LLC
Document Date: 8/1/2008
Industry: BIOTRX
Sector: HEALTH

92) CONSENT AND WAIVER

Parties: Generex Biotechnology Corporation | Iroquois Master Fund Ltd
Document Date: 8/1/2008
Industry: BIOTRX
Sector: HEALTH

93) AMENDMENT NO. 1 AND WAIVER TO CREDIT AGREEMENT

94) CONFIRMATION OF WAIVER OF CONDITIONS PRECEDENT

Parties: Cellynx, Inc | Norpac Technologies, Inc | O'Neill Law Group PLLC
Document Date: 7/30/2008

95) INVESTOR RIGHTS AGREEMENT WAIVER AND MODIFICATION

Parties: AXS-One Inc | JURIKA FAMILY TRUST
Document Date: 7/28/2008
Industry: SOFTWR
Sector: TECHNO
Governing Law:New York

96) AXS-ONE INC. Waiver and Termination of Participation Rights; Joinder to New Participation Rights

Parties: AXS ONE INC
Document Date: 7/28/2008
Industry: SOFTWR
Sector: TECHNO

97) WAIVER

98) REQUEST FOR EXTENSION, WAIVER AND EXCHANGE

Parties: ARKADOS GROUP, INC.
Document Date: 7/22/2008
Industry: COMEQP
Sector: TECHNO

99) SECOND WAIVER AND AMENDING AGREEMENT

100) WAIVER AGREEMENT

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