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Waiver Agreements

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501) SECOND AMENDMENT AND WAIVER

Parties: PATRICK INDUSTRIES INC | BANK OF AMERICA, N.A. | Charter One Bank | JPMORGAN CHASE BANK, NA | KEY BANK, NATIONAL ASSOCIATION | LaSalle Bank National Association | NATIONAL CITY BANK | RBS CITIZENS, NATIONAL ASSOCIATION
Law Firm: McDermott Will
Document Date: 12/15/2008
Industry: Constr. - Supplies and Fixtures
Sector: Capital Goods
Governing Law:Indiana


502) WAIVER AGREEMENT AND SECOND AMENDMENT TO CREDIT AGREEMENT

Parties: ING BANK NV | ING CAPITAL LLC | PILGRIM'S PRIDE CORPORATION | PILGRIM'S PRIDE, LLC | POPPSA 3, LLC | POPPSA 4, LLC
Document Date: 12/11/2008
Industry: Food Processing
Sector: Consumer/Non-Cyclical
Governing Law:New York


503) PILGRIM'S PRIDE CORPORATION FIRST AMENDMENT TO LIMITED DURATION WAIVER AGREEMENT

Parties: BMO CAPITAL MARKETS CORP | PILGRIM'S PRIDE CORPORATION | PILGRIM'S PRIDE FUNDING CORPORATION
Document Date: 12/11/2008
Industry: Food Processing
Sector: Consumer/Non-Cyclical


504) FIRST AMENDMENT TO LIMITED DURATION WAIVER OF POTENTIAL DEFAULTS AND EVENTS OF DEFAULT UNDER CREDIT AGREEMENT

Parties: PILGRIMS PRIDE CORP | AIG Annuity Insurance Company | AIG Global Investment Corp | AIG International Group, Inc | American General Assurance Company
Document Date: 12/11/2008
Industry: Food Processing
Sector: Consumer/Non-Cyclical


505) Waiver

Parties: UNITY BANCORP INC
Document Date: 12/11/2008
Industry: Printing and Publishing
Sector: Services


506) FIRST AMENDMENT TO LIMITED DURATION WAIVER AGREEMENT

Parties: PILGRIM'S PRIDE CORPORATION | To-Ricos Distribution, Ltd | To-Ricos, Ltd
Document Date: 12/11/2008
Industry: Food Processing
Sector: Consumer/Non-Cyclical


507) WAIVER AGREEMENT

Parties: BANK OF AMERICA, N.A. | CITIZENS BANK OF MASSACHUSETTS | LaSalle Bank National Association | MODUSLINK CORPORATION | RBS CITIZENS, NATIONAL ASSOCIATION | SALESLINK LLC | SALESLINK MEXICO HOLDING CORP
Document Date: 12/10/2008
Industry: Misc. Financial Services
Sector: Financial
Governing Law:Illinois


508) LIMITED WAIVER TO CREDIT AGREEMENT AND AMENDMENT TO THIRD AMENDMENT TO CREDIT AGREEMENT AND AMENDED AND RESTATED FORBEARANCE AGREEMENT

Parties: FOOTHILLS OKLAHOMA, INC | FOOTHILLS RESOURCES, INC | FOOTHILLS TEXAS, INC | Regiment Capital GP, LLC | WELLS FARGO FOOTHILL, LLC
Document Date: 12/8/2008
Industry: Oil and Gas Operations
Sector: Energy
Governing Law:New York


509) AMENDMENT AND WAIVER

Parties: BLUE VALLEY BAN CORP
Document Date: 12/8/2008


510) CONSENT AND WAIVER TO CONSTAR INTERNATIONAL INC.'S CREDIT AGREEMENT

Parties: CONSTAR INTERNATIONAL INC | BFF INC | Citicorp USA, Inc | CONSTAR FOREIGN HOLDINGS, INC | CONSTAR INTERNATIONAL UK LIMITED | DT, INC | WELLS FARGO FOOTHILL, LLC | Wells Fargo Minnesota, National Association
Document Date: 11/26/2008
Industry: Containers and Packaging
Sector: Basic Materials
Governing Law:New York


511) WAIVER

Parties: FIRST NIAGARA FINANCIAL GROUP INC
Document Date: 11/25/2008
Industry: Regional Banks
Sector: Financial


512) SEPARATION, CONSULTING, WAIVER OF LIABILITY AGREEMENT

Parties: Tesoro Companies, Inc
Document Date: 11/25/2008
Industry: Oil and Gas Operations
Sector: Energy


513) WAIVER OF EXECUTIVE COMPENSATION AGREEMENT

Parties: COLUMBIA BANKING SYSTEM INC | COLUMBIA STATE BANK
Document Date: 11/21/2008
Industry: Regional Banks
Sector: Financial


514) LIMITED WAIVER AND CONSENT

Parties: LENOX GROUP INC | AII INVESTMENT HOLDINGS, LTD | CARPATHIA MASTER FUND, LTD | CEDARVIEW LEVERAGED OPPORTUNITIES MA II, LTD | CLINTON GROUP INC | FL 56 INTER CORP | LENOX GROUP, INC | LENOX WORLDWIDE LLC | UBS Securities LLC
Law Firm: Schulte Roth
Document Date: 11/20/2008
Industry: Personal and Household Prods.
Sector: Consumer/Non-Cyclical
Governing Law:New York


515) CONSENT, WAIVER, AMENDMENT AND EXCHANGE AGREEMENT

Parties: Capital Growth Systems, Inc | Vanco Direct USA, LLC | ACF CGS, LLC
Document Date: 11/20/2008


516) WAIVER AGREEMENT

Parties: ASIAN FINANCIAL INC | Kitt China Management, LLC | Pinnacle China Management, LLC | Pinnacle Fund Management, LLC | Renaissance Capital Growth & Income Fund III, Inc | RENN Capital Group, Inc
Document Date: 11/19/2008
Governing Law:New York


517) WAIVER AND ACKNOWLEDGEMENT

Parties: JUMA TECHNOLOGY CORP. | VCAF GP, LLC | Vision Capital Advantage Fund, LP | Vision Opportunity Master Fund, Ltd
Document Date: 11/19/2008


518) WAIVER, AGREEMENT, AMENDMENT NO. 1 TO 2008 WARRANT & AMENDMENT NO. 2 TO 2001 WARRANT

Parties: DIEDRICH COFFEE INC | Sequoia Enterprises, LP
Document Date: 11/17/2008
Industry: Restaurants
Sector: Services
Governing Law:California


519) FIFTH AMENDMENT AND WAIVER TO NOTE AND WARRANT PURCHASE AGREEMENT

Parties: ARGYLE SECURITY, INC. | ISI Detention Contracting Group, Inc | ISI Security Group, Inc | William Blair Mezzanine Capital Fund III, LP
Document Date: 11/14/2008
Industry: Security Systems and Services
Sector: Services
Governing Law:Illinois


520) WAIVER AND CONSENT

Parties: CLEARPOINT BUSINESS RESOURCES, INC | Manufacturers and Traders Trust Company
Document Date: 11/14/2008
Industry: Business Services
Sector: Services
Governing Law:New York


521) WAIVER AND CONSENT

Parties: ComVest Capital Management, LLC | ComVest Capital, LLC | Manufacturers and Traders Trust Company
Document Date: 11/14/2008
Industry: Business Services
Sector: Services
Governing Law:New York


522) AMENDMENT NO. 6 TO CREDIT AGREEMENT AND WAIVER

Parties: INTCOMEX, INC. | Comerica Bank
Document Date: 11/14/2008
Governing Law:Michigan


523) AGREEMENT AND MUTUAL WAIVER AND RELEASE

Parties: AE BIOFUELS, INC. | American Ethanol, LLC
Document Date: 11/14/2008
Governing Law:California


524) CONSENT AND WAIVER

Parties: CYBERDEFENDER CORP | BCMF Trustees, LLC | Pierce Diversified Strategy Master Fund LLC
Document Date: 11/14/2008
Governing Law:New York


525) AMENDED AND RESTATED CONSENT AND WAIVER

Parties: CYBERDEFENDER CORP | BCMF Trustees, LLC | Pierce Diversified Strategy Master Fund LLC
Document Date: 11/14/2008
Governing Law:New York


526) 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


527) 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


528) 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


529) 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


530) 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


531) 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


532) 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


533) OMNIBUS AMENDMENT AND WAIVER

Parties: Alliance Advance, Inc | BTAC Properties, Inc | Burger Time Acquisition Corporation | EASY DRIVE CARS AND CREDIT CORPORATION | LV ADMINISTRATIVE SERVICES, INC | STEN Acquisition Corporation | STEN Corporation | STEN Credit Corporation | STENCOR, Inc | Valens Capital Management, LLC | VALENS US SPV I, LLC
Document Date: 11/7/2008
Industry: Medical Equipment and Supplies
Sector: Healthcare
Governing Law:New York


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

Parties: OMNI ENERGY SERVICES CORP | AMERICAN HELICOPTERS INC | BEG LIQUID MUD SERVICES CORP | BMJ INDUSTRIAL INVESTMENTS, LLC | CHARLES HOLSTON, INC | INDUSTRIAL LIFT TRUCK & EQUIPMENT CO, INC | OMNI ENERGY TRANSPORTATION CORP | OMNI LABOR CORPORATION | OMNI PROPERTIES CORP | TRUSSCO PROPERTIES, LLC
Document Date: 11/7/2008
Industry: Oil Well Services and Equipment
Sector: Energy
Governing Law:Illinois


535) 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: Medical Equipment and Supplies
Sector: Healthcare
Governing Law:California


536) TRANSITION AGREEMENT AND RELEASE AND WAIVER OF CLAIMS

Parties: WESBANCO INC
Document Date: 11/6/2008
Industry: Regional Banks
Sector: Financial
Governing Law:West Virginia


537) 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: Computer Services
Sector: Technology
Governing Law:New York


538) 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: Business Services
Sector: Services
Governing Law:Florida


539) Amendment and Waiver to Registration Rights Agreement

Parties: ABIOMED, INC | New Leaf Venture Management II, LLC | VEF Management V LLC | Venrock Management V LLC | Venrock Partners Management V, LLC | World Heart Corporation | World Heart Inc
Document Date: 11/6/2008
Industry: Medical Equipment and Supplies
Sector: Healthcare


540) 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: Real Estate Operations
Sector: Services
Governing Law:Maryland


541) OMNIBUS AMENDMENT AND WAIVER AGREEMENT

Parties: ABN AMRO Bank NV | BANK OF AMERICA, N.A. | Bank of Tokyo-Mitsubishi UFJ, Ltd. | Caterpillar Finance Corporation | Caterpillar Financial Services Corporation | Caterpillar Inc | Caterpillar International Finance Limited | Citibank, NA | COMMERZBANK AG | ING Bank NV | Irish Companies | Japan Local Currency Bank | JPMORGAN CHASE BANK, NA | Mellon Bank, NA | MERRILL LYNCH BANK | ROYAL BANK OF CANADA | Standard Chartered Bank NV | TORONTO DOMINION (TEXAS) LLC | US Bank National Association | WestLB AG | Australia and New Zealand Banking Group Limited
Document Date: 10/31/2008
Governing Law:New York


542) OMNIBUS AMENDMENT AND WAIVER AGREEMENT

Parties: CATERPILLAR INC | ABN AMRO Bank NV | Australia and New Zealand Banking Group Limited | BANK OF AMERICA, N.A. | Bank of Tokyo-Mitsubishi UFJ, Ltd. | Caterpillar Finance Corporation | Caterpillar Financial Services Corporation | Caterpillar International Finance Limited | Citibank, NA | COMMERZBANK AG | ING Bank NV | Irish Companies | Japan Local Currency Bank | JPMORGAN CHASE BANK, NA | Mellon Bank, NA | MERRILL LYNCH BANK | ROYAL BANK OF CANADA | Standard Chartered Bank NV | TORONTO DOMINION (TEXAS) LLC | US Bank National Association | WestLB AG
Document Date: 10/31/2008
Industry: Constr. and Agric. Machinery
Sector: Capital Goods
Governing Law:New York


543) WAIVER AND RELEASE

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


544) SIXTH MODIFICATION AGREEMENT AND COVENANT WAIVER

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


545) Subject: Letter Waiver

Parties: PACCAR INC
Document Date: 10/27/2008
Industry: Auto and Truck Manufacturers
Sector: Consumer Cyclical


546) WAIVER

Parties: VELOCITY EXPRESS CORP | CD&L, INC | CLICK MESSENGER SERVICE, INC | NATIONAL COURIER SYSTEMS, INC | OLYMPIC COURIER SYSTEMS, INC | SECURITIES COURIER CORPORATION | SILVER STAR EXPRESS, INC | Velocity Express Corporation | VELOCITY EXPRESS LEASING, INC | VELOCITY EXPRESS, INC | Velocity Systems Franchising Corporation | VXP LEASING MID-WEST, INC | VXP MID-WEST, INC | Wells Fargo Foothill, Inc
Document Date: 10/27/2008
Industry: Trucking
Sector: Transportation


547) 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: Food Processing
Sector: Consumer/Non-Cyclical


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

Parties: PILGRIMS PRIDE CORP | AIG Annuity Insurance Company | AIG Global Investment Corp | AIG International Group, Inc | American General Assurance Company | Bank of Montreal | CIT Group/Business Credit, Inc | Deere Credit, Inc | Farm Credit Services | John Hancock Life Insurance Company | Merit Life Insurance Co | 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: 10/27/2008
Industry: Food Processing
Sector: Consumer/Non-Cyclical


549) PILGRIM'S PRIDE CORPORATION LIMITED DURATION WAIVER AGREEMENT

Parties: Bank of Montreal | BThe Company | PILGRIM'S PRIDE CORPORATION
Document Date: 10/27/2008
Industry: Food Processing
Sector: Consumer/Non-Cyclical


550) LIMITED WAIVER TO CREDIT AGREEMENT

Parties: Anchorage Advisors, LLC | ANCHORAGE CROSSOVER CREDIT FINANCE, Ltd | BIG R PROCUREMENT COMPANY, LLC | BUFFETS FRANCHISE HOLDINGS, LLC | Buffets Holdings, Inc | BUFFETS LEASING COMPANY, LLC | FIRE MOUNTAIN LEASING COMPANY, LLC | FIRE MOUNTAIN MANAGEMENT GROUP, LLC | FIRE MOUNTAIN RESTAURANTS, LLC | HOMETOWN BUFFET, INC | HOMETOWN LEASING COMPANY, LLC | OCB LEASING COMPANY, LLC | OCB PURCHASING CO | OCB RESTAURANT COMPANY, LLC | RYAN'S RESTAURANT GROUP, INC | RYAN'S RESTAURANT LEASING COMPANY, LLC | RYAN'S RESTAURANT MANAGEMENT GROUP, LLC | TAHOE JOE'S LEASING COMPANY, LLC | TAHOE JOE'S, INC | WS Partners, LLC
Document Date: 10/17/2008
Governing Law:New York


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