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Waiver Agreements

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1451) FIRST AMENDMENT AND WAIVER TO AMENDED AND RESTATED CREDIT AGREEMENT

Parties: CONSOL ENERGY INC | PNC Bank, National Association | Citicorp North America, Inc.
Document Date: 11/7/2005
Industry: Coal
Sector: Energy
Governing Law:Pennsylvania


1452) CONSENT AND WAIVER AGREEMENT AND AMENDMENT NO. 7 TO LOAN AND SECURITY AGREEMENT

Parties: MATRIA HEALTHCARE INC | MATRIA WOMEN?S AND CHILDREN?S HEALTH, LLC | DIABETES ACQUISITION, INC.
Document Date: 11/7/2005
Industry: Healthcare Facilities
Sector: Healthcare
Governing Law:New York


1453) WAIVER LETTER AGREEMENT

Parties: POPE & TALBOT INC | WILMINGTON TRUST COMPANY, | SELCO SERVICE CORPORATION
Document Date: 11/3/2005
Industry: Constr. - Supplies and Fixtures
Sector: Capital Goods


1454) FOURTH FORBEARANCE AND AMENDMENT TO LOAN AND SECURITY AGREEMENT

Parties: ACT TELECONFERENCING INC | ACT Teleconferencing Services, Inc., | ACT Videoconferencing, Inc., | ACT Research, Inc
Document Date: 11/3/2005
Industry: Communications Services
Governing Law:Colorado


1455) Agreement

Parties: BRISTOL MYERS SQUIBB CO
Document Date: 11/3/2005
Industry: Major Drugs


1456) AMENDMENT NO. 2 AND WAIVER TO CREDIT AGREEMENT

Parties: PRESTIGE BRANDS HOLDINGS, INC. | Prestige Brands International, LLC, | Citicorp North America, Inc., | Bank of America, N.A.,
Document Date: 11/1/2005
Governing Law:New York


1457) WAIVER TO THE AMENDED AND RESTATED CREDIT AGREEMENT

Parties: TERRA INDUSTRIES INC | TERRA MISSISSIPPI HOLDINGS CORP. | TERRA NITROGEN (U.K.) LIMITED, | CITICORP USA, INC.,
Document Date: 10/31/2005
Industry: Chemical Manufacturing
Sector: Basic Materials
Governing Law:New York


1458) INTEREST AMENDMENT AND WAIVER AGREEMENT

Parties: HARTVILLE GROUP INC | Bristol Investment Fund, Ltd., | Palisades Master Fund, L.P. | Islandia, L.P., | Satellite Strategic Finance Associates, LLC | Midsummer Investment, Ltd
Document Date: 10/27/2005


1459) Re: AMENDED AND RESTATED FORBEARANCE AGREEMENT (the "Forbearance Agreement"), dated as of August 11, 2005, as amended as of August 25, 2005, September 1, 2005, September 8, 2005, September 15, 2005, September 29, 2005, October 6, 2005 and October 12, 2005 by and between CAPITAL TEMPFUNDS, a division of CAPITAL FACTORS LLC, ("Capital"), and STRATUS SERVICES GROUP, INC. ("Borrower")

Parties: CAPITAL FACTORS LLC, | Stratus Services Group, Inc.
Document Date: 10/25/2005
Industry: Business Services
Sector: Services


1460) Re: Continued forbearance regarding default under outsourcing agreement dated August 13, 2004, by and between ALS, LLC and Stratus Services Group, Inc., as amended (the "Agreement")

Parties: Stratus Services Group, Inc. | ALS, LLC
Document Date: 10/25/2005
Industry: Business Services
Sector: Services


1461) LETTER AGREEMENT

Parties: MIRANT CORP | . S. Marce Fuller
Document Date: 10/20/2005
Industry: Electric Utilities


1462) FIRST AMENDMENT AND LIMITED WAIVER TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT

Parties: GENERAL ELECTRIC CAPITAL CORPORATION, | NAVARRE CORPORATION,
Document Date: 10/19/2005
Industry: Software and Programming
Sector: Technology
Governing Law:Illinois


1463) AMENDMENT NO. 6 AND WAIVER NO. 2 TO THIRD AMENDED AND RESTATED CREDIT AND REIMBURSEMENT AGREEMENT

Parties: AES CORP | CITICORP USA, INC., | AES Corporation, | CITIBANK, N.A.,
Document Date: 10/19/2005
Industry: Electric Utilities
Governing Law:New York


1464) WAIVER AND CONSENT

Parties: Mariner Energy, Inc
Document Date: 10/18/2005


1465) Re: AMENDED AND RESTATED FORBEARANCE AGREEMENT (the "Forbearance Agreement"), dated as of August 11, 2005, as amended as of August 25, 2005, September 1, 2005, September 8, 2005, September 15, 2005, September 29, 2005 and October 6, 2005 by and between CAPITAL TEMPFUNDS, a division of CAPITAL FACTORS LLC, ("Capital"), and STRATUS SERVICES GROUP, INC. ("Borrower")

Parties: CAPITAL FACTORS LLC, | Stratus Services Group, Inc.
Document Date: 10/18/2005
Industry: Business Services
Sector: Services


1466) Re: Continued forbearance regarding default under outsourcing agreement dated August 13, 2004, by and between ALS, LLC and Stratus Services Group, Inc., as amended (the "Agreement")

Parties: Stratus Services Group, Inc. | ALS, LLC
Document Date: 10/18/2005
Industry: Business Services
Sector: Services


1467) EXHIBIT 10.3 WAIVER AND CONSENT

Parties: MARINER ENERGY INC | Union Bank of California, N.A | Mariner Holdings, Inc.
Document Date: 10/18/2005
Governing Law:Texas


1468) AMENDMENT NO. 2, WAIVER and AGREEMENT

Parties: TEREX CORP | HOLDINGS UK LIMITED
Document Date: 10/17/2005
Industry: Misc. Capital Goods
Sector: Capital Goods
Governing Law:New York


1469) Waiver Letter

Parties: Modus Media International, Inc.
Document Date: 10/14/2005
Industry: Misc. Financial Services
Sector: Financial


1470) Re: Second Amendment and Waiver Letter for Lease agreement between Modus Media International, B.V. and BPF Onroerend Goed Lease en Financieringen B.V. dated February 4, 2000, and the addendum dated October 18, 2001, including a Corporate Guarantee of Modus Media International, Inc. of MMI BV's obligations under this Lease agreement

Parties: Modus Media International, Inc
Document Date: 10/14/2005
Industry: Misc. Financial Services
Sector: Financial


1471) Amendment to Lease Agreement and Waiver Letter

Parties: Modus Media International, Inc
Document Date: 10/14/2005
Industry: Misc. Financial Services
Sector: Financial


1472) WAIVER AND AMENDMENT NO. 5

Parties: FLOWSERVE CORP
Document Date: 10/13/2005
Industry: Misc. Capital Goods
Sector: Capital Goods


1473) WAIVER TO RECEIVABLES PURCHASE AGREEMENT

Parties: FLOWSERVE CORP
Document Date: 10/13/2005
Industry: Misc. Capital Goods
Sector: Capital Goods


1474) LIMITED WAIVER AND AMENDMENT NO. 4

Parties: FLOWSERVE CORP
Document Date: 10/13/2005
Industry: Misc. Capital Goods
Sector: Capital Goods


1475) CONSOLIDATED ENERGY, INC.ADDITIONAL FINANCING FORBEARANCE AGREEMENT

Parties: CONSOLIDATED ENERGY INC
Document Date: 10/13/2005
Governing Law:Texas


1476) FIRST AMENDMENT AND WAIVER

Parties: MOLINA HEALTHCARE INC | Bank of America, N.A
Document Date: 10/13/2005
Industry: Insurance (Accident and Health)
Sector: Financial
Governing Law:New York


1477) CONSENT, WAIVER AND RELEASE AGREEMENT,

Parties: ARTISOFT INC
Document Date: 10/13/2005
Industry: Software and Programming
Governing Law:New York


1478) WAIVER AND THIRD AMENDMENT TO AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT

Parties: Richardson Electronics, Ltd | Burtek Systems, Inc | JP Morgan Bank, N.A | JPMorgan Chase Bank, N.A | Richardson Electronics Iberica, S.A
Document Date: 10/13/2005
Industry: Electronic Instr. and Controls
Sector: Technology
Governing Law:Illinois


1479) FIRST AMENDMENT, WAIVER AND CONSENT

Parties: JUPITERMEDIA CORP
Document Date: 10/12/2005
Industry: Advertising
Sector: Services
Governing Law:New York


1480) FOURTEENTH AMENDMENT AND WAIVER TO LOAN AGREEMENT

Parties: CELLSTAR CORP | WELLS FARGO FOOTHILL, INC.
Document Date: 10/11/2005
Industry: Communications Equipment
Sector: Technology


1481) SECOND AMENDMENT AND WAIVER TO AMENDED AND RESTATED CREDIT AGREEMENT

Parties: Bear Creek Corporation | BEAR CREEK DIRECT MARKETING, INC | Bear Creek Holdings Inc | BEAR CREEK OPERATIONS, INC | BEAR CREEK ORCHARDS, INC | BEAR CREEK STORES, INC | CIT GROUP/BUSINESS CREDIT, INC | GMAC Commercial Finance LLC | HARRY & DAVID HOLDINGS, INC | HARRY & DAVID OPERATIONS CORP | Issuing Bank | JACKSON & PERKINS COMPANY | JACKSON & PERKINS OPERATIONS, INC | JACKSON & PERKINS WHOLESALE, INC | LaSalle Bank National Association | MERRILL LYNCH BUSINESS FINANCIAL | UBS AG | UBS LOAN FINANCE LLC
Document Date: 10/7/2005


1482) Re: Continued forbearance regarding default under outsourcing agreement dated August 13, 2004, by and between ALS, LLC and Stratus Services Group, Inc., as amended (the "Agreement")

Parties: Stratus Services Group, Inc. | ALS, LLC
Document Date: 10/7/2005
Industry: Business Services
Sector: Services


1483) Re: AMENDED AND RESTATED FORBEARANCE AGREEMENT (the "Forbearance Agreement"), dated as of August 11, 2005, as amended as of August 25, 2005, September 1, 2005, September 8, 2005, September 15, 2005 and September 29, 2005 by and between CAPITAL TEMPFUNDS, a division of CAPITAL FACTORS LLC, ("Capital"), and STRATUS SERVICES GROUP, INC. ("Borrower")

Parties: CAPITAL FACTORS LLC, | Stratus Services Group, Inc.
Document Date: 10/7/2005
Industry: Business Services
Sector: Services


1484) WAIVER

Parties: MATRIX SERVICE CO
Document Date: 10/7/2005
Industry: Construction Services
Sector: Capital Goods


1485) SECOND AMENDMENT AND WAIVER TO AMENDED AND RESTATED CREDIT AGREEMENT

Parties: HARRY & DAVID OPERATIONS CORP | UBS AG, STAMFORD BRANCH, | GMAC Commercial Finance LLC, | BEAR CREEK ORCHARDS, INC. | JACKSON & PERKINS WHOLESALE, INC. | BEAR CREEK OPERATIONS, INC. | BEAR CREEK DIRECT MARKETING, INC. | JACKSON & PERKINS COMPANY | JACKSON & PERKINS OPERATIONS, INC. | BEAR CREEK STORES, INC.
Document Date: 10/7/2005
Governing Law:New York


1486) RESTATED WAIVER LETTER AGREEMENT

Parties: POPE &| TALBOT INC /DE/
Document Date: 10/6/2005
Industry: Constr. - Supplies and Fixtures
Sector: Capital Goods


1487) WAIVER LETTER AGREEMENT

Parties: POPE &| TALBOT INC /DE/
Document Date: 10/6/2005
Industry: Constr. - Supplies and Fixtures


1488) EXHIBIT 10.1 EXECUTION VERSION SIXTH AMENDMENT TO LOAN DOCUMENTS AND WAIVER AGREEMENT

Parties: INTELLIGROUP INC | PNC BANK, NATIONAL ASSOCIATION
Document Date: 10/6/2005
Industry: Computer Services
Sector: Technology
Governing Law:New Jersey


1489) WAIVER, CONSENT, AND FOURTH AMENDMENT TO SECOND AMENDED AND RESTATED REVOLVING CREDIT AND GOLD CONSIGNMENT AGREEMENT THIS WAIVER, CONSENT, AND FOURTH AMENDMENT TO SECOND AMENDED AND RESTATED

Parties: WHITEHALL JEWELLERS INC | LASALLE BANK NATIONAL ASSOCIATION | BANK OF AMERICA, N. A.,
Document Date: 10/6/2005
Industry: Retail (Specialty)


1490) WAIVER AND AMENDMENT TO NOTE PURCHASE AGREEMENT DATED AS OF SEPTEMBER 30, 2003

Parties: CRAWFORD &| CO
Document Date: 10/5/2005
Industry: Insurance (Miscellaneous)
Sector: Financial
Governing Law:New York


1491) Re: Continued forbearance regarding default under outsourcing agreement dated August 13, 2004, by and between ALS, LLC and Stratus Services Group, Inc., as amended (the "Agreement")

Parties: Stratus Services Group, Inc. | ALS, LLC
Document Date: 10/4/2005
Industry: Business Services
Sector: Services


1492) Re: AMENDED AND RESTATED FORBEARANCE AGREEMENT (the "Forbearance Agreement"), dated as of August 11, 2005, as amended as of August 25, 2005, September 1, 2005, September 8, 2005 and September 15, 2005 by and between CAPITAL TEMPFUNDS, a division of CAPITAL FACTORS LLC, ("Capital"), and STRATUS SERVICES GROUP, INC. ("Borrower")

Parties: CAPITAL FACTORS LLC, | Stratus Services Group, Inc.
Document Date: 10/4/2005
Industry: Business Services
Sector: Services


1493) EXHIBIT 10.8 WAIVER OF NEGATIVE COVENANTS

Parties: DIOMED HOLDINGS INC
Document Date: 10/4/2005
Industry: Medical Equipment and Supplies
Sector: Healthcare


1494) WAIVER AND FOURTH AMENDMENT TO AMENDED AND RESTATED RECEIVABLES SALE AGREEMENT

Parties: CIT GROUP/BUSINESS CREDIT, INC | LASALLE BANK NATIONAL ASSOCIATION | NORTH AMERICAN VAN LINES, INC | RELOCATION CORPORATION | Seller, SIRVA RELOCATION LLC | Servicers and Originators, GENERAL ELECTRIC CAPITAL CORPORATION | SIRVA RELOCATION CREDIT, LLC | SIRVA WORLDWIDE, INC
Document Date: 10/4/2005
Industry: Trucking
Sector: Transportation


1495) THIRD AMENDMENT AND SECOND WAIVER

Parties: HOME INTERIORS &| GIFTS INC | HOME INTERIORS & GIFTS, INC., | BEAR STEARNS CORPORATE LENDING INC | JPMORGAN CHASEBANK, N.A.
Document Date: 9/30/2005
Governing Law:New York


1496) EXHIBIT 10.1FIFTH FORBEARANCE AGREEMENT

Parties: MCLEODUSA INC | JPMorgan Chase Bank, N.A.,
Document Date: 9/30/2005
Industry: Communications Services
Sector: Services


1497) AMENDMENT NO. 2 TO FORBEARANCE AGREEMENT

Parties: OSULLIVAN INDUSTRIES INC | O?Sullivan Industries Holdings, Inc.
Document Date: 9/29/2005


1498) AMENDMENT NO. 2 TO FORBEARANCE AGREEMENT

Parties: OSULLIVAN INDUSTRIES HOLDINGS INC | O?Sullivan Industries, Inc. | O?Sullivan Industries Holdings, Inc
Document Date: 9/29/2005


1499) CONSENT AND WAIVER

Parties: CONSOLIDATED ENERGY INC
Document Date: 9/29/2005
Governing Law:Texas


1500) BRIDGE FORBEARANCE

Parties: CONSOLIDATED ENERGY INC
Document Date: 9/29/2005
Governing Law:Texas


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