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Waiver Agreements

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1451) WAIVER AND CONSENT

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


1452) 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


1453) 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


1454) 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


1455) 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


1456) Waiver Letter

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


1457) 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


1458) Amendment to Lease Agreement and Waiver Letter

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


1459) WAIVER AND AMENDMENT NO. 5

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


1460) WAIVER TO RECEIVABLES PURCHASE AGREEMENT

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


1461) LIMITED WAIVER AND AMENDMENT NO. 4

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


1462) CONSOLIDATED ENERGY, INC.ADDITIONAL FINANCING FORBEARANCE AGREEMENT

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


1463) 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


1464) CONSENT, WAIVER AND RELEASE AGREEMENT,

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


1465) 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


1466) FIRST AMENDMENT, WAIVER AND CONSENT

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


1467) FOURTEENTH AMENDMENT AND WAIVER TO LOAN AGREEMENT

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


1468) 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


1469) 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


1470) 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


1471) WAIVER

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


1472) 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


1473) RESTATED WAIVER LETTER AGREEMENT

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


1474) WAIVER LETTER AGREEMENT

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


1475) 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


1476) 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)


1477) 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


1478) 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


1479) 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


1480) EXHIBIT 10.8 WAIVER OF NEGATIVE COVENANTS

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


1481) 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


1482) 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


1483) EXHIBIT 10.1FIFTH FORBEARANCE AGREEMENT

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


1484) AMENDMENT NO. 2 TO FORBEARANCE AGREEMENT

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


1485) 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


1486) CONSENT AND WAIVER

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


1487) BRIDGE FORBEARANCE

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


1488) Waiver and Third Amendment to Investor Rights Agreement

Parties: Memory Pharmaceuticals Corp.
Document Date: 9/26/2005


1489) ANTIDILUTION AMENDMENT/WAIVER RE SHARES EXCHANGE AGREEMENT

Parties: Cornell Capital Partners, LP | The Immune Response Corporation
Document Date: 9/26/2005
Industry: Biotechnology and Drugs


1490) EXECUTION COPY WAIVER AND CONSENT UNDER AMENDED AND RESTATED CREDIT AGREEMENT

Parties: SALTON INC
Document Date: 9/22/2005
Industry: Appliance and Tool
Sector: Consumer Cyclical
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: ALS, LLC | Stratus Services Group, Inc.,
Document Date: 9/21/2005
Industry: Business Services
Sector: Services


1492) Re: Waivers under Credit Agreement

Parties: American Italian Pasta Company | Bank of America, N.A.,
Document Date: 9/19/2005
Industry: Food Processing
Sector: Consumer/Non-Cyclical
Governing Law:Illinois


1493) SECOND AMENDMENT TO FORBEARANCE AGREEMENT

Parties: OBSIDIAN ENTERPRISES INC | OBSIDIAN LEASING COMPANY, INC | PYRAMID COACH, INC | TIMOTHY S. DURHAM | TERRY WHITESELL | JULIA WHITESELL
Document Date: 9/19/2005
Industry: Constr. - Supplies and Fixtures
Sector: Capital Goods


1494) SECOND AMENDMENT TO FORBEARANCE AGREEMENT

Parties: OBSIDIAN ENTERPRISES INC | OBSIDIAN LEASING COMPANY, INC | OLD NATIONAL BANK | PYRAMID COACH, INC | TIMOTHY S. DURHAM | TERRY WHITESELL | JULIA WHITESELL
Document Date: 9/19/2005
Industry: Constr. - Supplies and Fixtures
Sector: Capital Goods


1495) WAIVER AND CONSENT AGREEMENT

Parties: Knockout Holdings, Inc.
Document Date: 9/16/2005
Governing Law:New York


1496) 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: ALS, LLC | Stratus Services Group, Inc.,
Document Date: 9/14/2005
Industry: Business Services
Sector: Services


1497) FIRST AMENDMENT AND WAIVER AGREEMENT

Document Date: 9/13/2005
Industry: Retail (Technology)
Sector: Services
Governing Law:Massachusetts


1498) AGREEMENT, RELEASE AND WAIVER

Parties: Nastech Pharmaceutical Company Inc.
Document Date: 9/8/2005
Industry: Biotechnology and Drugs
Governing Law:Washington


1499) 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: 9/8/2005
Industry: Business Services
Sector: Services


1500) SECOND NOTES AMENDMENT AND WAIVER AGREEMENT

Parties: BOOKHAM, INC. | Nortel Networks UK Limited
Document Date: 9/8/2005
Industry: Communications Equipment
Sector: Technology
Governing Law:New York


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