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Waiver Agreements

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51) TERMINATION AND WAIVER AGREEMENT

Parties: HABERSHAM BANCORP | HABERSHAM BANK | Life Insurance
Document Date: 9/24/2009
Industry: Regional Banks
Sector: Financial
Governing Law:Georgia


52) WAIVER UNDER PURCHASE AND IPO REORGANIZATION AGREEMENT

Parties: RESOLUTE ENERGY CORP | Founder, Parent, Seller, IPO Corp | HH-HACI, LP | Hicks Acquisition Company I, INC | Resolute Aneth, LLC | Resolute Energy Corporation | RESOLUTE HOLDINGS SUB, LLC | Resolute Holdings, LLC | Resolute Subsidiary Corporation
Document Date: 9/23/2009


53) WAIVER UNDER PURCHASE AND IPO REORGANIZATION AGREEMENT

Parties: HICKS ACQUISITION CO I INC. | Founder, Parent, Seller, IPO Corp | HH-HACI, LP | Hicks Acquisition Company I, INC | Resolute Aneth, LLC | Resolute Energy Corporation | RESOLUTE HOLDINGS SUB, LLC | Resolute Holdings, LLC | Resolute Subsidiary Corporation
Document Date: 9/23/2009
Industry: Misc. Financial Services
Sector: Financial


54) WAIVER AGREEMENT

Parties: LOJACK CORP | Administrative Agent and Issuing Bank | Administrative Agent, Issuing Bank | Boomerang Tracking Inc | Citizens Bank of Massachusetts | JPMORGAN CHASE BANK, NA | LOJACK CORPORATION | LOJACK EXCHANGECO CANADA INC | LoJack Global LLC, LoJack Operating Company, LP | RBS CITIZENS, NATIONAL ASSOCIATION | ROYAL BANK OF CANADA | SOVEREIGN BANK
Document Date: 9/23/2009
Industry: Security Systems and Services
Sector: Services
Governing Law:Massachusetts


55) WAIVER AND AGREEMENT

Parties: ICP SOLAR TECHNOLOGIES INC. | BridgePointe Master Fund, Ltd | Gemini Master Fund, Ltd | ICP Solar Technologies, Inc | Platinum Long Term Growth VI, LLC
Document Date: 9/23/2009


56) FIRST AMENDMENT TO CREDIT AGREEMENT AND LIMITED WAIVER

Parties: CYALUME TECHNOLOGIES HOLDINGS, INC. | CYALUME TECHNOLOGIES HOLDINGS, INC | CYALUME TECHNOLOGIES, INC | Holding Company | TD BANK, NA
Document Date: 9/23/2009
Governing Law:United States Of America


57) AMENDMENT TO DEBENTURES AND WARRANTS, AGREEMENT AND WAIVER

Parties: CRYOPORT, INC. | BridgePointe Master Fund Ltd | Enable Growth Partners LP | Enable Opportunity Partners LP | Pierce Diversified Strategy Master Fund LLC
Document Date: 9/23/2009


58) WAIVER, CONSENT AND FOURTH AMENDMENT TO AMENDED AND RESTATED FIRST LIEN CREDIT AGREEMENT

Parties: AMEGY BANK NATIONAL ASSOCIATION | BANK OF NOVA SCOTIA | BMO CAPITAL MARKETS FINANCING, INC | CAPITAL ONE, NATIONAL ASSOCIATION | ENERGY XXI GOM, LLC | Energy XXI Gulf Coast, Inc | ENERGY XXI ONSHORE, LLC | ENERGY XXI TEXAS ONSHORE, LLC | ENERGY XXI USA, INC | GUARANTY BANK | ITS CAPACITY AS GUARANTOR UNDER ITS LIMITED | LEHMAN COMMERCIAL PAPER INC | Royal Bank of Scotland | TORONTO DOMINION (TEXAS) LLC | UBS LOAN FINANCE LLC | WHITNEY NATIONAL BANK
Document Date: 9/23/2009
Industry: Oil and Gas Operations
Sector: Energy
Governing Law:New York


59) Re: Limited Consent and Waiver

Parties: CONCHO RESOURCES INC
Document Date: 9/22/2009
Industry: Oil and Gas Operations
Sector: Energy


60) WAIVER AND THIRD AMENDMENT TO NOTE PURCHASE AGREEMENT (2006)

Parties: Modine Manufacturing Company | Modine Thermal Systems (Changzhou) Co
Document Date: 9/21/2009
Industry: Auto and Truck Parts
Sector: Consumer Cyclical


61) WAIVER AND THIRD AMENDMENT TO NOTE PURCHASE AGREEMENT (2005)

Parties: Modine Manufacturing Company | Modine Thermal Systems (Changzhou) Co
Document Date: 9/21/2009
Industry: Auto and Truck Parts
Sector: Consumer Cyclical


62) FIRST AMENDMENT AND WAIVER TO CREDIT AGREEMENT

Parties: BANK OF AMERICA, N.A | GREIF INTERNATIONAL HOLDING B.V | GREIF, INC
Law Firm: Mayer Brown
Document Date: 9/18/2009
Industry: Containers and Packaging
Sector: Basic Materials
Governing Law:New York


63) WAIVER

Parties: JPMorgan Chase Bank, National Association | Bank of America, N.A
Document Date: 9/18/2009
Industry: Furniture and Fixtures
Sector: Consumer Cyclical
Governing Law:New York


64) WAIVER AND CONSENT

Parties: CHINA GREEN AGRICULTURE, INC | Discovery Technologies, Inc
Document Date: 9/17/2009


65) THIRD TEMPORARY WAIVER AGREEMENT

Parties: ACCURIDE CANADA INC | ACCURIDE CORPORATION | ACCURIDE CUYAHOGA FALLS, INC | ACCURIDE DISTRIBUTING, LLC | ACCURIDE EMI, LLC | ACCURIDE HENDERSON LIMITED LIABILITY COMPANY | AKW GENERAL PARTNER LLC | AOT INC | BOSTROM HOLDINGS, INC | BOSTROM SEATING, INC | BOSTROM SPECIALTY SEATING, INC | BRILLION IRON WORKS, INC | DEUTSCHE BANK TRUST COMPANY | ERIE LAND HOLDING, INC | FABCO AUTOMOTIVE CORPORATION | GUNITE CORPORATION | IMPERIAL GROUP HOLDING CORP | JAII MANAGEMENT COMPANY | TRANSPORTATION TECHNOLOGIES INDUSTRIES, INC | TRUCK COMPONENTS INC
Law Firm: White Case
Document Date: 9/16/2009
Industry: Auto and Truck Parts
Sector: Consumer Cyclical
Governing Law:New York


66) Re: Waiver

Parties: DESIGN WITHIN REACH INC
Document Date: 9/15/2009
Industry: Furniture and Fixtures
Sector: Consumer Cyclical


67) Re: Amendment to Limited Waiver and Amendment No. 4 to Credit Agreement and Amendment No. 5 to Credit Agreement

Parties: TLC VISION CORP
Law Firm: Bingham McCutchen
Document Date: 9/14/2009
Industry: Healthcare Facilities
Sector: Healthcare
Governing Law:New York


68) TERMINATION AND WAIVER AGREEMENT

Parties: HABERSHAM BANCORP
Document Date: 9/14/2009
Industry: Regional Banks
Sector: Financial
Governing Law:Georgia


69) TERMINATION AND WAIVER AGREEMENT

Parties: HABERSHAM BANCORP
Document Date: 9/14/2009
Industry: Regional Banks
Sector: Financial
Governing Law:Georgia


70) TERMINATION AND WAIVER AGREEMENT

Parties: HABERSHAM BANCORP
Document Date: 9/14/2009
Industry: Regional Banks
Sector: Financial
Governing Law:Georgia


71) WAIVER LETTER NO. 2

Parties: EDIETS COM INC | Prides Capital Fund I, LP, LLC
Document Date: 9/11/2009
Industry: Personal Services
Sector: Services
Governing Law:New York


72) STEEL VAULT CORPORATION WAIVER

Parties: Steel Vault Corporation | VeriChip Acquisition Corp | VeriChip Corporation | William J. Caragol
Document Date: 9/8/2009
Industry: Computer Peripherals
Sector: Technology
Governing Law:Florida


73) FOURTH AMENDMENT TO CREDIT AGREEMENT AND LIMITED WAIVER

Parties: BANK OF AMERICA, N.A. | GULFPORT ENERGY CORPORATION
Document Date: 9/4/2009
Industry: Oil and Gas Operations
Sector: Energy


74) Limited Waiver of Bridgepoint Education, Inc. Lock-Up Agreement

Parties: BRIDGEPOINT EDUCATION INC | Credit Suisse Securities (USA) LLC | P. Morgan Securities Inc
Document Date: 9/4/2009


75) Limited Waiver of Bridgepoint Education, Inc. Underwriting Agreement

Parties: BRIDGEPOINT EDUCATION INC | Credit Suisse Securities (USA) LLC | J.P. Morgan Securities Inc. | William Blair & Company
Document Date: 9/4/2009


76) FIFTH AMENDMENT TO AND WAIVER OF LOAN AGREEMENT

Parties: GRUBB & ELLIS APARTMENT REIT, INC. | NNN Apartment REIT, Inc | WACHOVIA BANK, NATIONAL ASSOCIATION
Document Date: 9/4/2009
Governing Law:North Carolina


77) FOURTH AMENDMENT AND WAIVER TO CREDIT AGREEMENT

Parties: METHODE ELECTRONICS INC | BANK OF AMERICA, N.A.
Document Date: 9/3/2009
Industry: Electronic Instr. and Controls
Sector: Technology
Governing Law:Illinois


78) Waiver, Consent and Agreement

Parties: CHINA SECURITY & SURVEILLANCE TECHNOLOGY, INC. | Citadel Equity Fund Ltd | The Bank of New York Mellon
Document Date: 9/3/2009
Industry: Security Systems and Services
Sector: Services
Governing Law:New York


79) FORM OF WAIVER

Parties: FIRST GUARANTY BANCSHARES, INC.
Document Date: 9/3/2009


80) SEVENTH AMENDMENT AND WAIVER TO AMENDED AND RESTATED CREDIT AGREEMENT

Parties: CHAMPION ENTERPRISES INC | CHAMPION ENTERPRISES MANAGEMENT CO | CHAMPION ENTERPRISES, INC | CHAMPION HOME BUILDERS CO | CHAMPION RETAIL, INC | HIGHLAND ACQUISITION CORP | HIGHLAND MANUFACTURING COMPANY LLC | MERIT, INC | NEW ERA BUILDING SYSTEMS, INC | NORTH AMERICAN HOUSING CORP | REDMAN HOMES, INC | SAN JOSE ADVANTAGE HOMES, INC | STAR FLEET, INC | WESTERN HOMES CORPORATION
Law Firm: Willkie Farr
Document Date: 9/3/2009
Industry: Construction Services
Sector: Capital Goods
Governing Law:New York


81) SEPARATION AGREEMENT, WAIVER AND GENERAL RELEASE

Parties: METLIFE INC | MetLife Group, Inc | MetLife, MetLife, Inc, Metropolitan Life Insurance Company | Older Workers
Document Date: 9/3/2009
Industry: Insurance (Miscellaneous)
Sector: Financial
Governing Law:New York


82) FIRST MODIFICATION, WAIVER AND ACKNOWLEDGEMENT AGREEMENT

Parties: COMMONWEALTH BIOTECHNOLOGIES INC | Fornova Pharmaworld, Ltd
Document Date: 9/2/2009
Industry: Biotechnology and Drugs
Sector: Healthcare


83) AMENDMENT NO. 20 AND WAIVER TO CREDIT AGREEMENT

Parties: P&F INDUSTRIES INC | CITIBANK, NA | CONTINENTAL TOOL GROUP, INC | COUNTRYWIDE HARDWARE, INC | EMBASSY INDUSTRIES, INC | FLORIDA PNEUMATIC MANUFACTURING CORPORATION | GREEN MANUFACTURING, INC | HSBC BANK USA, NATIONAL ASSOCIATION | HY-TECH MACHINE, INC | NATIONWIDE INDUSTRIES, INC | P&F INDUSTRIES, INC | PACIFIC STAIR PRODUCTS, INC | Richard Romano, Group | WILP HOLDINGS, INC | WOODMARK INTERNATIONAL, LP
Document Date: 9/2/2009
Industry: Appliance and Tool
Sector: Consumer Cyclical
Governing Law:New York


84) WAIVER AGREEMENT

Parties: ASIAN FINANCIAL INC | Asian Financial, Inc
Document Date: 8/31/2009


85) CASH WAIVER & OPTION TERMINATION AGREEMENT

Parties: PROTALEX INC | PROTALEX, INC
Document Date: 8/28/2009
Industry: Healthcare Facilities
Sector: Healthcare
Governing Law:Delaware


86) RE: Waiver of Section 8.1 Funded Debt to EBITDA Ratio and waiver of section 8.3 Debt Service Coverage Ratio of the Revolving Credit and Term Loan Agreement between Xeta Technologies, Inc. (the "Borrower"), and Bank of Oklahoma, N.A. (the "Bank"), dated October 1, 2003 and as subsequently amended wit

Parties: XETA TECHNOLOGIES INC
Document Date: 8/27/2009
Industry: Communications Equipment
Sector: Technology


87) WAIVER

Parties: NCI BUILDING SYSTEMS INC | Clayton, Dublier & Rice Fund VIII, LP | NCI BUILDING SYSTEMS, INC | NCI BUILDINGS SYSTEMS, INC | NCI GROUP, INC | ROBERTSON-CECO II CORPORATION | STEELBUILDINGCOM, INC | WACHOVIA BANK, NATIONAL ASSOCIATION
Law Firm: Moore Van
Document Date: 8/27/2009
Industry: Construction Services
Sector: Capital Goods
Governing Law:North Carolina


88) FIFTH AMENDMENT AND WAIVER TO CREDIT AGREEMENT

Parties: PINNACLE GAS RESOURCES, INC. | PINNACLE GAS RESOURCES, INC | ROYAL BANK OF SCOTLAND
Document Date: 8/27/2009
Industry: Oil and Gas - Integrated
Sector: Energy


89) Re: Limited Waiver of Bridgepoint Education, Inc. Underwriting Agreement

Parties: BRIDGEPOINT EDUCATION INC
Document Date: 8/26/2009


90) Re: Limited Waiver of Bridgepoint Education, Inc. Lock-Up Agreement

Parties: BRIDGEPOINT EDUCATION INC
Document Date: 8/26/2009


91) AMENDMENT AND WAIVER REQUEST

Parties: LIBERTY GLOBAL, INC. | KBC Bank NV | Mandated Lead Arrangers and Initial Original Lenders, Toronto Dominion (Texas) LLC | Telenet BidCo NV, Telenet NV, UPC Belgium NV | Telenet Mobile NV | Telenet NV , ABN Amro Bank NV, BNP Paribas SA
Document Date: 8/25/2009
Industry: Broadcasting and Cable TV
Sector: Services


92) AMENDMENT NO. 2 TO SECURITIES PURCHASE AGREEMENT, DEBENTURES MODIFICATION AND WAIVER

Parties: SANTA FE GOLD CORP | Santa Fe Gold Corporation | Sulane Holdings, Ltd
Document Date: 8/25/2009
Industry: Metal Mining
Sector: Basic Materials


93) LIMITED WAIVER TO CONSTRUCTION LOAN AGREEMENT

Parties: NORTH AMERICAN TECHNOLOGIES GROUP INC /TX/ | NORTH AMERICAN TECHNOLOGIES GROUP, INC | OPUS 5949 LLC | Sammons VPC, Inc | TIETEK LLC | TIETEK TECHNOLOGIES, INC
Document Date: 8/21/2009
Industry: Scientific and Technical Instr.
Sector: Technology
Governing Law:Texas


94) Re: Waiver Letter

Parties: CLEARPOINT BUSINESS RESOURCES, INC
Document Date: 8/20/2009
Industry: Business Services
Sector: Services


95) CONSENT, LIMITED WAIVER AND AMENDMENT NO. 2 TO SECOND LIEN CREDIT AND GUARANTY AGREEMENT AND AMENDMENT NO. 1 TO PLEDGE AND SECURITY AGREEMENT (SECOND LIEN)

Parties: ABLECO FINANCE LLC | ARES CAPITAL CORPORATION | BANK OF NEW YORK MELLON | CONSENT, LIMITED | GOLDENTREE MULTISTRATEGY FINANCING, LTD | GOLDENTREE MULTISTRATEGY SUBSIDIARY LLC | GRETAGMACBETH LLC | Other Credit Parties | OTP, Incorporated, X-Rite Ma, Incorporated, Monaco Acquisition Company, Holovision Acquisition Company | PANTONE ASIA, INC | PANTONE GERMANY, INC | Pantone India, Inc | PANTONE JAPAN, INC | PANTONE UK, INC | PANTONE, INC | XR VENTURES, LLC | X-RITE GLOBAL, INCORPORATED | X-RITE HOLDINGS, INC | X-RITE, INCORPORATED
Document Date: 8/20/2009
Industry: Scientific and Technical Instr.
Sector: Technology
Governing Law:New York


96) Re: Limited Covenant Waiver and Amendment to Loan Documents

Parties: ORBIT INTERNATIONAL CORP
Document Date: 8/19/2009
Industry: Electronic Instr. and Controls
Sector: Technology


97) WAIVER

Parties: PINNACLE GAS RESOURCES, INC.
Document Date: 8/19/2009
Industry: Oil and Gas - Integrated
Sector: Energy


98) AMENDMENT AND WAIVER AGREEMENT

Parties: VISUAL MANAGEMENT SYSTEMS INC | Pierce Diversified Master Fund, LLC | Pierce Diversified Strategy Master Fund LLC
Document Date: 8/19/2009


99) FOURTH AMENDMENT TO CREDIT AGREEMENT, CONSENT AND WAIVER

Parties: GOLDLEAF FINANCIAL SOLUTIONS INC. | Bank of America, N.A.
Document Date: 8/19/2009
Industry: Business Services
Sector: Services
Governing Law:Georgia


100) WAIVER AND CONSENT

Parties: WYNN RESORTS LTD | Aruze USA, Inc
Document Date: 8/19/2009
Industry: Casinos and Gaming
Sector: Services


Waiver Agreement
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