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Waiver Agreements

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301) FORM OF WAIVER

Parties: VILLAGE BANK & TRUST FINANCIAL CORP.
Document Date: 5/6/2009
Industry: Regional Banks
Sector: Financial


302) WAIVER

Parties: China Hand Fund I, LLC | China New Energy Group Company | Escrow, LLC
Document Date: 5/6/2009


303) CONSENT, WAIVER, JOINDER AND EIGHTH AMENDMENT TO THIRD AMENDED AND RESTATED REVOLVING CREDIT, TERM LOAN AND SECURITY AGREEMENT

Parties: CAPITALSOURCE FINANCE LLC | DIABETES CARE & EDUCATION, INC | NATIONAL PHARMACEUTICALS | NATIONSHEALTH HOLDINGS, LLC | NATIONSHEALTH, INC | PRODUCTS (USA), LLC | UNITED STATES PHARMACEUTICAL GROUP, LLC
Document Date: 5/5/2009
Industry: Medical Equipment and Supplies
Sector: Healthcare


304) AMENDMENT NO. 5 AND WAIVER

Parties: Bank of America, N.A. | Deutsche Bank Securities, Inc. | Joint Lead Arrangers, Banc of America Securities LLC, The Royal Bank | MGM Grand Detroit, Inc | MGM Grand Detroit, LLC | Royal Bank of Scotland PLC, J.P. Morgan Securities Inc., Citibank North America, Inc. | Senior Managing Agents, Societe Generale and US Bank National Association | Syndication Agent, Barclays Bank PLC, BNP Paribas, Citigroup USA Inc, Commerzbank AG, Deutsche Bank Trust Company Americas, JPMorgan Chase Bank, NA, Sumitomo Mitsui Banking Corporation, UBS Securities LLC | Wachovia Bank, National Association
Law Firm: Mayer Brown
Document Date: 5/5/2009
Industry: Casinos and Gaming
Sector: Services


305) CONSENT, WAIVER, JOINDER AND EIGHTH AMENDMENT TO THIRD AMENDED AND RESTATED REVOLVING CREDIT, TERM LOAN AND SECURITY AGREEMENT

Parties: NATIONSHEALTH, INC. | CAPITALSOURCE FINANCE LLC | DIABETES CARE & EDUCATION, INC | NATIONAL PHARMACEUTICALS | NATIONSHEALTH HOLDINGS, LLC | UNITED STATES PHARMACEUTICAL GROUP, LLC
Document Date: 5/5/2009
Industry: Medical Equipment and Supplies
Sector: Healthcare


306) THIRD WAIVER AND AMENDMENT

Parties: CDEX INC | GEMINI MASTER FUND, LTD | GEMINI STRATEGIES, LLC
Document Date: 5/5/2009
Industry: Scientific and Technical Instr.
Sector: Technology
Governing Law:New York


307) LIMITED WAIVER AND CONSENT TO CONVERTIBLE SECURED NOTES

Parties: NATIONSHEALTH, INC. | ComVest NationsHealth Holdings, LLC | Diabetes Care & Education, Inc | Medical Products (USA) LLC | MHR Advisors LLC | MHR Capital Partners (100) LP | MHR Capital Partners (500) LP | NationsHealth Acquisitions Corp | United States Pharmaceutical Group, LLC
Law Firm: O'Melveny Myers
Document Date: 5/5/2009
Industry: Medical Equipment and Supplies
Sector: Healthcare
Governing Law:New York


308) LIMITED WAIVER AND CONSENT TO CONVERTIBLE SECURED NOTES

Parties: ComVest NationsHealth Holdings, LLC | Diabetes Care & Education, Inc | Medical Products (USA) LLC | MHR Advisors LLC | MHR Capital Partners (100) LP | MHR Capital Partners Master Account LP | NationsHealth Inc | United States Pharmaceutical Group, LLC
Law Firm: O'Melveny Myers
Document Date: 5/5/2009
Industry: Medical Equipment and Supplies
Sector: Healthcare
Governing Law:New York


309) Re: Amendment to Limited Waiver and Amendment No. 2 to Credit Agreement Ladies and Gentlemen:

Parties: TLC VISION CORP
Law Firm: Bingham McCutchen
Document Date: 5/4/2009
Industry: Healthcare Facilities
Sector: Healthcare
Governing Law:New York


310) FIRST AMENDMENT AND WAIVER AGREEMENT

Parties: BELVEDERE SOCAL | Pacific Coast Bankers' Bank
Document Date: 5/1/2009


311) WAIVER AND RELEASE

Parties: GENERAL MOLY, INC | Idaho General Mines, Inc
Document Date: 5/1/2009
Industry: Metal Mining
Sector: Basic Materials


312) WAIVER OF RIGHTS AND RELEASE OF CLAIMS AGREEMENT

Parties: TALEO CORPORATION
Document Date: 4/30/2009
Industry: Software and Programming
Sector: Technology


313) FIRST AMENDMENT TO FOURTH AMENDED AND RESTATED SENIOR SECURED, SUPER-PRIORITY DEBTOR-IN-POSSESSION CREDIT AGREEMENT AND WAIVER AND CONSENT OF LENDERS AND AGENT

Parties: BANK OF AMERICA, N.A. | FLEETWOOD HOLDINGS INC | FLEETWOOD HOMES INVESTMENT, INC | FOOTHILL CAPITAL CORPORATION | PNC BANK, NATIONAL ASSOCIATION | TEXTRON FINANCIAL CORPORATION | WACHOVIA BANK, NATIONAL ASSOCIATION | WACHOVIA CAPITAL FINANCE CORPORATION (WESTERN)), NA | WELLS FARGO FOOTHILL, INC | FLEETWOOD ENTERPRISES INC
Document Date: 4/28/2009
Industry: Mobile Homes and RVs
Sector: Capital Goods
Governing Law:California


314) AMENDMENT TO SECOND AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENT AND WAIVER

Parties: BANK OF NOVA SCOTIA | BANK OF TOKYO-MITSUBISHI UFJ, LTD., NEW YORK BRANCH | CMC RECEIVABLES, INC | CMC STEEL FABRICATORS, INC | COMMERCIAL METALS COMPANY | GOTHAM FUNDING CORPORATION | HOWELL METAL COMPANY | LIBERTY STREET FUNDING LLC | SMI STEEL, INC
Document Date: 4/28/2009
Industry: Metal Mining
Sector: Basic Materials
Governing Law:New York


315) AMENDMENT NO. 1 TO AMENDED AND RESTATED OWNERSHIP LIMIT WAIVER AGREEMENT

Parties: LEXINGTON REALTY TRUST | Vornado Realty LP
Document Date: 4/27/2009
Industry: Real Estate Operations
Sector: Services
Governing Law:Maryland


316) SIXTH AMENDMENT, ACKNOWLEDGMENT AND CONSENT AND WAIVER TO CREDIT AGREEMENT

Parties: BANK OF AMERICA, N.A. | BIG M SUPERMARKETS, INC | Bond, Schoeneck & King, PLLC | C&S Wholesale Grocers, Inc | COMMANDER FOODS INC | CONGRESS FINANCIAL CORPORATION | P AND C FOOD MARKETS INC | PENN TRAFFIC COMPANY | PENNWAY EXPRESS, INC | PENNY CURTISS BAKING COMPANY, INC | Price Chopper Operating Company, Inc | PT DEVELOPMENT, LLC | PT FAYETTEVILLE/UTICA, LLC | Seller Companies | SUNRISE PROPERTIES, INC | Supplemental Real Estate | WELLS FARGO RETAIL FINANCE, LLC
Document Date: 4/21/2009
Industry: Retail (Grocery)
Sector: Services
Governing Law:New York


317) FIFTH AMENDMENT, ACKNOWLEDGMENT AND CONSENT AND WAIVER TO CREDIT AGREEMENT

Parties: PENN TRAFFIC CO | BIG M SUPERMARKETS, INC | C&S Wholesale Grocers, Inc | COMMANDER FOODS INC | JUBILEE LIMITED PARTNERSHIP
Document Date: 4/21/2009
Industry: Retail (Grocery)
Sector: Services
Governing Law:New York


318) WAIVER AND AMENDMENT NO. 2 TO CREDIT AGREEMENT

Parties: Bank of America, N.A. | Clark Distribution Systems, Inc | Clark Group, Inc | Clark Holdings, Inc | Clark Worldwide Transportation, Inc | Evergreen Express Lines, Inc | Global Logistics Acquisition Corporation | Highway Distribution Systems, Inc | LaSalle Bank National Association
Document Date: 4/20/2009
Industry: Business Services
Sector: Services
Governing Law:Illinois


319) WAIVER AND AMENDMENT NO. 1 TO REVOLVING CREDIT, TERM LOAN AND SECURITY AGREEMENT

Parties: BEST ENERGY SERVICES, INC | BEST WELL SERVICE, INC | BOB BEEMAN DRILLING COMPANY | HYBROOK RESOURCES CORP | PNC BANK, NATIONAL ASSOCIATION
Document Date: 4/16/2009
Governing Law:New York


320) FOURTH AMENDMENT, WAIVER AND AGREEMENT

Parties: BELDEN & BLAKE CORP /OH/ | Belden & Blake Corporation
Document Date: 4/10/2009
Governing Law:New York


321) CONSENT, WAIVER AND AMENDMENT TO CREDIT AGREEMENT

Parties: Bank of Nova Scotia | Bank of Scotland PLC | Blue Ridge Investments LLC | BMO Capital Markets Financing Inc | Citibank, NA | Fortis Capital Corporation | GE Business Financial Services, Inc | Guaranty Bank | Halbis Distressed Opportunities Master Fund LTD | JPMorgan Chase Bank, NA | Lehman Brothers Commercial Bank | Lehman Commercial Paper, Inc | Merrill Lynch Business Financial Services, Inc | Raymond James Bank | Royal Bank of Canada | SemGroup Crude Storage, LLC | SemGroup Energy Partners GP, LLC | SemGroup Energy Partners Operating, LLC | SemGroup Energy Partners, LLC | SEMGROUP ENERGY PARTNERS, LP | SemMaterials Energy Partners, LLC | SemPipe, GP, LLC | SGLP Management, Inc | SunTrust Bank, NA | Trust Company | UBS Loan Finance LLC | WACHOVIA BANK, NATIONAL ASSOCIATION
Document Date: 4/10/2009
Industry: Oil Well Services and Equipment
Sector: Energy
Governing Law:New York


322) Waiver and Amendment Agreement

Parties: Jade Mountain Corporation | RINO International Corporation | Tri-State Title & Escrow, LLC
Document Date: 4/8/2009
Industry: Misc. Financial Services
Sector: Financial


323) ACKNOWLEDGMENT, WAIVER AND CONSENT AND AMENDMENT TO CREDIT AGREEMENTS

Parties: CHAPMAN MEDICAL CENTER, INC | COASTAL COMMUNITIES HOSPITAL, INC | Ganesha Realty, LLC | HEALTHCARE FINANCIAL MANAGEMENT | Integrated Healthcare Holdings, Inc | Medical Capital Corporation | Medical Provider Financial Corporation | Network, LLC | PACIFIC COAST HOLDINGS INVESTMENT, LLC | West Coast Holdings, LLC | WMC-A, INC | WMC-SA, INC
Document Date: 4/7/2009
Industry: Healthcare Facilities
Sector: Healthcare
Governing Law:Nevada


324) Waiver and Amendment No. 4 to Amended and Restated Receivables Purchase Agreement

Parties: ABITIBIBOWATER INC. | ABITIBI CONSOLIDATED SALES CORPORATION | ABITIBI-CONSOLIDATED US FUNDING CORP | Banks, ABITIBI-CONSOLIDATED INC | CITIBANK, NA
Law Firm: Kaye Scholer
Document Date: 4/7/2009
Industry: Paper and Paper Products
Sector: Basic Materials
Governing Law:New York


325) Re: Waiver of Interest Payment

Parties: RAPTOR NETWORKS TECHNOLOGY INC
Document Date: 4/7/2009
Industry: Computer Peripherals
Sector: Technology
Governing Law:New York


326) Re: Waiver of Interest Payment

Parties: RAPTOR NETWORKS TECHNOLOGY INC
Document Date: 4/7/2009
Industry: Computer Peripherals
Sector: Technology
Governing Law:New York


327) WAIVER AND CONSENT

Parties: IDEAEDGE, INC | Gemini Master Fund, Ltd | Whalehaven Capital Fund Limited
Document Date: 4/6/2009
Industry: Electronic Instr. and Controls
Sector: Technology
Governing Law:New York


328) FORM OF WAIVER

Parties: FIRST CAPITAL BANCORP, INC.
Document Date: 4/6/2009
Industry: Money Center Banks
Sector: Financial


329) MODIFICATION AND LIMITED WAIVER AGREEMENT

Parties: BALDWIN TECHNOLOGY CO INC | Agency Management | BALDWIN AMERICAS CORPORATION | BALDWIN ASIA PACIFIC CORPORATION | BALDWIN EUROPE CONSOLIDATED BV | BALDWIN EUROPE CONSOLIDATED INC | BALDWIN GRAPHIC EQUIPMENT BV | BALDWIN GRAPHIC SYSTEMS, INC | BALDWIN ROCKFORD CORPORATION | BALDWIN SOUTHEAST ASIA CORPORATION | BALDWIN TECHNOLOGY COMPANY, INC | BANK OF AMERICA, N.A. | CITIZENS BANK OF CONNECTICUT | LASALLE BANK NATIONAL ASSOCIATION | MTC TRADING COMPANY | Oxy-Dry Asia Pacific, Inc | OXY-DRY CORPORATION | OXY-DRY FOOD BLENDS, INC | OXY-DRY UK, INC | WEBSTER BANK, NATIONAL ASSOCIATION
Document Date: 4/6/2009
Industry: Misc. Capital Goods
Sector: Capital Goods
Governing Law:New York


330) LIMITED WAIVER

Parties: VISTEON CORP | Citicorp USA, Inc | Citigroup Global Markets Inc | Credit Suisse Securities (USA) LLC | JP Morgan Securities Inc | JPMorgan Chase Bank, NA | PricewaterhouseCoopers LLP | Sumitomo Mitsui Banking Corporation | Visteon Corporation
Law Firm: Bingham McCutchen;Simpson Thacher
Document Date: 4/6/2009
Industry: Auto and Truck Parts
Sector: Consumer Cyclical
Governing Law:New York


331) Re: Credit Agreement dated as of January 13, 2006 (as amended by that certain First Amendment dated as of December 18, 2007, that certain Second Amendment and Consent dated as of November 26, 2008, that certain Waiver dated as of January 16, 2009 and as further amended, restated, supplemented or oth

Parties: ARTHROCARE CORP
Document Date: 4/3/2009
Industry: Medical Equipment and Supplies
Sector: Healthcare


332) WAIVER

Parties: Bank of America, N.A. | BRANCH BANKING AND TRUST CO | CITICORP USA, INC | JPMorgan Chase Bank, National Association | Select Comfort Corporation | Select Comfort Retail Corporation | WELLS FARGO BANK, NATIONAL ASSOCIATION
Document Date: 4/3/2009
Industry: Furniture and Fixtures
Sector: Consumer Cyclical
Governing Law:New York


333) FOURTH AMENDMENT TO CREDIT AGREEMENT AND LIMITED WAIVER

Parties: NATIONAL CONSUMER COOPERATIVE BANK /DC/ | BANK OF AMERICA, N.A. | BANK OF NOVA SCOTIA | FIRST COMMERCIAL BANK | Issuing Bank | JPMORGAN CHASE BANK, NA | MANUFACTURERS AND TRADERS TRUST COMPANY | MIZUHO CORPORATE BANK | NATIONAL CONSUMER COOPERATIVE BANK | NATIONAL COOPERATIVE BANK | PNC BANK, NATIONAL ASSOCIATION | SUNTRUST BANK | TAIPEI FUBON COMMERCIAL BANK | UNION BANK OF CALIFORNIA, N.A. | US BANK NA | WACHOVIA BANK, NA
Document Date: 4/3/2009
Governing Law:New York


334) Sixth Amendment and Limited Waiver Dated as of March 31, 2009 to NOTE PURCHASE AND UNCOMMITTED MASTER SHELF AGREEMENT Dated as of December 28, 2001

Parties: NATIONAL CONSUMER COOPERATIVE BANK /DC/ | National Consumer Cooperative Bank | SunTrust Bank
Law Firm: Bingham McCutchen
Document Date: 4/3/2009
Governing Law:New York


335) AMENDMENT NO. 1 AND WAIVER TO CREDIT AGREEMENT

Parties: TBS INTERNATIONAL LTD | BANK OF AMERICA, N.A. | BIRNAM MARITIME CORP
Law Firm: Bingham McCutchen
Document Date: 4/2/2009
Industry: Water Transportation
Sector: Transportation
Governing Law:New York


336) TEMPORARY WAIVER AGREEMENT

Parties: Broadwood Partners, LP | Parallax Medical Systems, Inc | STAAR Surgical Company
Document Date: 4/2/2009
Industry: Medical Equipment and Supplies
Sector: Healthcare
Governing Law:New York


337) Re: Waiver of Financial Covenant Defaults

Parties: BANKS.COM, INC.
Law Firm: Robinson Bradshaw
Document Date: 4/1/2009
Industry: Computer Services
Sector: Technology


338) Re: Nova Biofuels Seneca, LLC - -Fifth Limited Waiver of Defaults

Parties: NOVA BIOSOURCE FUELS, INC.
Document Date: 4/1/2009
Industry: Oil and Gas Operations
Sector: Energy
Governing Law:New York


339) EIGHTH MODIFICATION AGREEMENT AND COVENANT WAIVER

Parties: VINEYARD NATIONAL BANCORP | FIRST TENNESSEE BANK NATIONAL ASSOCIATION
Document Date: 4/1/2009
Industry: Regional Banks
Sector: Financial
Governing Law:Tennessee


340) Re: Limited Waiver and Amendment No. 2 to Note Agreement

Parties: KAPSTONE PAPER & PACKAGING CORP
Document Date: 4/1/2009
Industry: Paper and Paper Products
Sector: Basic Materials
Governing Law:Illinois


341) Re: Waiver of Financial Covenant Defaults

Parties: BANKS.COM, INC.
Law Firm: Robinson Bradshaw
Document Date: 3/31/2009
Industry: Computer Services
Sector: Technology


342) Re: Fourth Amendment and Waiver

Parties: COAST DISTRIBUTION SYSTEM INC
Document Date: 3/31/2009
Industry: Auto and Truck Parts
Sector: Consumer Cyclical


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

Parties: CONSTAR INTERNATIONAL INC | BFF INC | CITICORP NORTH AMERICA, INC | Citicorp USA, Inc | Consolidated Financial | CONSTAR FOREIGN HOLDINGS, INC | CONSTAR INC | CONSTAR INTERNATIONAL UK LIMITED | DT, INC | WELLS FARGO FOOTHILL, LLC
Document Date: 3/31/2009
Industry: Containers and Packaging
Sector: Basic Materials
Governing Law:New York


344) WAIVER AND AMENDMENT NO. 5 TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT

Parties: LIFETIME BRANDS, INC | HSBC BANK USA, NATIONAL ASSOCIATION | Wachovia Bank, National Association | JPMorgan Chase Bank, NA | Citibank, NA
Document Date: 3/31/2009
Industry: Personal and Household Prods.
Sector: Consumer/Non-Cyclical


345) WAIVER

Parties: Interstate Columbia, LLC | INTERSTATE HOTELS & RESORTS, INC | INTERSTATE OPERATING COMPANY, LP | LEHMAN COMMERCIAL PAPER INC | Merrill Lynch Business Financial Services, Inc | Lehman Brothers Inc
Document Date: 3/31/2009
Industry: Hotels and Motels
Sector: Services


346) WAIVER AND AMENDMENT NO. 4 TO THE CREDIT AGREEMENT AND AMENDMENT NO. 1 TO HOLDINGS GUARANTY

Parties: WII COMPONENTS, INC. | BRENTWOOD ACQUISITION CORP | CREDIT SUISSE SECURITIES (USA) LLC | PRIMEWOOD, INC | WII Components, Inc | WII HOLDING, INC | WII MERGER CORPORATION | WOODCRAFT INDUSTRIES, INC
Document Date: 3/31/2009
Governing Law:New York


347) RE: VISTEON SECURITISATION PROGRAMME - CONDITIONAL WAIVER

Parties: VISTEON CORP
Law Firm: Kirkland Ellis
Document Date: 3/31/2009
Industry: Auto and Truck Parts
Sector: Consumer Cyclical


348) FOURTH AMENDMENT AND LIMITED WAIVER TO CREDIT AGREEMENT AND AMENDMENT TO SECURITY AGREEMENT

Parties: VC AVIATION SERVICES, LLC | VC REGIONAL ASSEMBLY & MANUFACTURING, LLC | VISTEON AC HOLDINGS CORP | VISTEON ASIA HOLDINGS, INC | VISTEON AUTOMOTIVE HOLDINGS, LLC | VISTEON CLIMATE CONTROL SYSTEMS LIMITED | VISTEON CORPORATION | VISTEON DOMESTIC HOLDINGS, LLC | VISTEON EUROPEAN HOLDINGS CORPORATION | VISTEON FINANCIAL CORPORATION | VISTEON GLOBAL TECHNOLOGIES, INC | VISTEON GLOBAL TREASURY, INC | VISTEON HOLDINGS, LLC | VISTEON INTERNATIONAL BUSINESS DEVELOPMENT, INC | VISTEON INTERNATIONAL HOLDINGS, INC | VISTEON LA HOLDINGS CORP | VISTEON REMANUFACTURING, INCORPORATED | VISTEON SYSTEMS, LLC | VISTEON TECHNOLOGIES, LLC
Law Firm: Skadden Arps
Document Date: 3/31/2009
Industry: Auto and Truck Parts
Sector: Consumer Cyclical
Governing Law:New York


349) AMENDMENT AND WAIVER TO INTERIM LOAN AGREEMENT

Parties: HARRAHS ENTERTAINMENT INC | Citibank, NA
Document Date: 3/31/2009
Industry: Casinos and Gaming
Sector: Services
Governing Law:New York


350) LIMITED WAIVER

Parties: VISTEON CORP
Law Firm: Bingham McCutchen;Simpson Thacher
Document Date: 3/31/2009
Industry: Auto and Truck Parts
Sector: Consumer Cyclical
Governing Law:New York


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