Amendment to Forbearance Agreement. The Forbearance Agreement is hereby amended by replacing the date “August 21, 2019” contained in the definition of “Forbearance Termination Date” set forth in Section 1 thereof with “August 28, 2019”.
Forbearance. Effective as of the Forbearance Effective Date (as hereinafter defined), the Lender hereby agrees, that during the Forbearance Period, except as otherwise provided herein, to forbear from the exercise of any and all default–related rights and remedies (including, without limitation, # the acceleration of the outstanding Loans or any obligations of the Credit Parties under the Loan Agreement or any other Loan Document and # charging interest at the Default Rate pursuant to [Section 2.2(b)(i)] of the Loan Agreement) against the Borrowers and the other Credit Parties under the Loan Agreement, the other Loan Documents and/or applicable law to the extent the availability of such remedies arises from the Specified Defaults. As used herein, the term “Forbearance Period” shall mean the period beginning on the Forbearance Effective Date and ending upon the occurrence of a Termination Event (as hereinafter defined). As used herein, “Termination Event” shall mean the earlier to occur of # March 14, 2019 at 11:59 p.m. New York time and # the occurrence of any Forbearance Default (as hereinafter defined). As used herein, the term “Forbearance Default” shall mean the occurrence of any one or more of the following:
Forbearance. No delay or omission by any party hereto to exercise any right or power accruing upon any noncompliance or default by any other party hereto with respect to any of the terms hereof shall impair any such right or power or be construed to be a waiver thereof.
Amendments to Forbearance Agreement. Subject to the satisfaction of the conditions precedent specified in Section 6 above, the Forbearance Agreement is hereby amended by:
Third Amendment to Forbearance Agreement and Eleventh Amendment to Credit Agreement (Fred's)
Amendments to Exhibits. The Exhibits to the Forbearance Agreement are hereby amended by # deleting Exhibit C to the Forbearance Agreement (Continuing Stores) and substituting in lieu thereof Exhibit C to this Amendment, and # adding a new Exhibit E to the Forbearance Agreement (Closed Stores (Wave IV)) in the form of Exhibit E to this Amendment.
“New Forbearance Agreement: that certain Forbearance Agreement, dated as of September 6, 2018, by and among the Credit Parties and the Lender (without giving effect to the amendment and restatement thereof pursuant to the A&R New Forbearance Agreement).”;
The Issuer shall deliver to Akin and PJT # all financial information, including without limitation any projections, provided pursuant to [Section 5(b)(ii)] of the Credit Facilities Forbearance Agreement and # the Key Terms Termsheet (as defined in the Credit Facilities Forbearance Amendment) provided pursuant to Section 5 of the Credit Facilities Forbearance Amendment;
Signature Page – CBL Amendment to the Forbearance Agreement EXECUTION VERSION
Loan Parties, Lenders, Co-Collateral Agents, Administrative Agent and certain other parties have entered into that certain Forbearance Agreement, Eighth Amendment to Credit Agreement and Fourth Amendment to Amended and Restated Addendum to Credit Agreement dated May 15, 2019 (as amended, restated, supplemented, or otherwise modified from time to time, the "Forbearance Agreement").
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