Amendment Sample Contracts

Certificate of Amendment to the Enbridge Supplemental Pension Plan and Amendment No. 1 (February 16th, 2018)

I, Bonnie D, DuPont, Group Vice-President, Corporate Resources and Secretary for the Human Resources & Compensation Committee of En bridge Inc, (the "Corporation"), hereby certify that the following is a resolution passed at a meeting of the Human Resources & Compensation Committee of the Board of Directors of the Corporation held on November 6,

Second Amendment to the Spectra Energy Corp Executive Cash Balance Plan (As Amended and Restated Effective May 1, 2012) (February 16th, 2018)

THIS SECOND AMENDMENT ("AMENDMENT") is made this 26th day of February, 2017, by Spectra Energy Corp, a Delaware corporation (the "Company"), to amend the Spectra Energy Corp Executive Cash Balance Plan (as Amended and Restated as of May 1, 2012) in order to revise the definition of "Committee."

Amendment 1 to the Enbridge Supplemental Pension Plan for United States Employees (As Amended and Restated Effective January 1, 2005) (February 16th, 2018)

Pursuant to Section 8.1 of the Enbridge Supplemental Pension Plan for United States Employees (as Amended and Restated Effective January 1, 2005) (the "Plan"), the Enbridge Employee Services, Inc. Board of Directors has approved this amendment to the Plan by execution of a Unanimous Written Consent of the Board of Directors in Lieu of Special Meeting, as follows:

Amendment No. 5 to the Edwards Lifesciences Corporation 401(k) Savings and Investment Plan (Effective January 1, 2016) (February 16th, 2018)

The Edwards Lifesciences Corporation 401(k) Savings and Investment Plan as amended and restated as of January 1, 2016 ("Plan") is amended effective August 10, 2017, unless specified otherwise:

Amendment No. 3 to the Edwards Lifesciences Technology Sarl Retirement Savings Plan (February 16th, 2018)

The Edwards Lifesciences Technology Sarl Retirement Savings Plan (the "Plan") effective January 1, 2011, as amended by Amendment No. 1 executed on June 25, 2013, and Amendment No. 2 executed on February 24, 2017, is hereby further amended as described below, pursuant to the authority set forth in Section 10.1 of the Plan, by the Edwards Lifesciences Corporation Administrative and Investment Committee (the "Committee"):

Amendment No. 6 to the Edwards Lifesciences Corporation 401(k) Savings and Investment Plan (Restated Effective January 1, 2016) (February 16th, 2018)

The Restated Edwards Lifesciences Corporation 401(k) Savings and Investment Plan, effective January 1, 2016, as amended by Amendment No. 1 executed on May 2, 2016, Amendment No. 2 executed on December 19, 2016, Amendment No. 3 executed on February 24, 2017, Amendment No. 4 executed on February 24, 2017, and Amendment No. 5 executed on October 27, 2017 (the "Plan") is hereby further amended effective December 2, 2017 as follows:

Second Amendment to the Spectra Energy Corp Executive Savings Plan (As Amended and Restated Effective May 1, 2012) (February 16th, 2018)

THIS SECOND AMENDMENT ("AMENDMENT") is made this 26th day of February, 2017, by Spectra Energy Corp, a Delaware corporation (the "Company"), to amend the Spectra Energy Corp Executive Savings Plan (as Amended and Restated as of May 1, 2012) in order to revise the definition of "Committee."

Amendment No. 7 to the Edwards Lifesciences Corporation 401(k) Savings and Investment Plan (Restated Effective January 1, 2016) (February 16th, 2018)

The Restated Edwards Lifesciences Corporation 401(k) Savings and Investment Plan, effective January 1, 2016 (the "Plan"), as amended by Amendment No. 1 executed on May 2, 2016, Amendment No. 2 executed on December 19, 2016, Amendment No. 3 executed on February 24, 2017, Amendment No. 4 executed on February 24, 2017, Amendment No. 5 executed on October 27, 2017, and Amendment No. 6 executed on December 19, 2017, is hereby further amended effective January 1, 2018 as follows:

Third Amendment to the Terms & Conditions Regarding the Appointment of Mr. Vandoorn as Chief Technology Officer (February 16th, 2018)

This third amendment to Terms & Conditions Regarding the Appointment of Mr. Vandoorn as Chief Technology Officer (the "Third Amendment"), made as of February 15, 2018, by and between Vishay Capacitors Belgium N.V., a Belgian company ("Vishay Belgium") and Johan Vandoorn ("Executive") (collectively, the "Parties").

Allscripts Healthcare Solutions – Replacement Facility Amendment (February 15th, 2018)

SECOND AMENDED AND RESTATED CREDIT AGREEMENT (this "Agreement"), dated as of February 15, 2018, among Allscripts Healthcare Solutions, Inc., a Delaware corporation (the "Borrower"), Allscripts Healthcare, LLC, a North Carolina limited liability company (the "Co-Borrower"), the several banks and other financial institutions or entities from time to time parties to this Agreement (the "Lenders"), Fifth Third Bank, KeyBank National Association, SunTrust Bank and Wells Fargo Bank, National Association, as syndication agents (in such capacity, each a "Syndication Agent" and together the "Syndication Agents"), Bank of America, N.A., U.S. Bank, National Association, Royal Bank of Canada, Deutsche Bank Securities Inc. and BMO Harris Bank, N.A. (in such capacity, each a "Co-Documentation Agent" and together the "Co-Documentation Agents") and JPMorgan Chase Bank, N.A., as administrative agent.

Amendment to the Supplemental Retirement/Savings Plan (February 15th, 2018)

Pursuant to the document entitled "Polaris Industries Inc. Supplemental Retirement/Savings Plan" (the "Plan"), and the authorization and direction of the Polaris Industries Inc. Compensation Committee at its January 31, 2018 meeting, the Plan is hereby amended as follows:

Consolidated Edison – Amendment to the Consolidated Edison Thrift Savings Plan (February 15th, 2018)

Whereas, in January 2017, the Consolidated Edison Company of New York, Inc. ("CECONY") submitted to the Internal Revenue Service an Application for a Determination that the Consolidated Edison Thrift Savings Plan, as restated, meets the qualification requirements under Internal Revenue Code 401(a).

Amendment Number 32 to Special Business Provisions (Sbp) Ms-65530-0016 Between the Boeing Company and Spirit Aerosystems, Inc. (February 9th, 2018)

THIS AMENDMENT NUMBER 32 ("Amendment No. 32") to Special Business Provisions MS-65530-0016 is made effective as of the last date executed below (the "Effective Date") by and between Spirit AeroSystems, Inc., a Delaware corporation having its principal office in Wichita, Kansas ("Seller") and The Boeing Company, a Delaware corporation, acting by and through its division, Boeing Commercial Airplanes ("Boeing"). Hereinafter, Seller and Boeing may be referred to individually as "Party" or jointly as the "Parties".

AMENDMENT NUMBER 26 TO Special Business Provisions (SBP) BCA-MS-65530-0019 BETWEEN THE BOEING COMPANY AND SPIRIT AEROSYSTEMS, INC. (February 9th, 2018)

THIS AMENDMENT NUMBER 26 ("Amendment No. 26") to Special Business Provisions BCA-MS-65530-0019 is made as of the last date executed below (the "Effective Date") by and between Spirit AeroSystems, Inc., a Delaware corporation having its principal office in Wichita, Kansas ("Spirit") and The Boeing Company, a Delaware corporation, acting by and through its division, Boeing Commercial Airplanes ("Boeing"). Hereinafter, Spirit and Boeing may be referred to jointly as the "Parties".

Amendment Number 31 to Special Business Provisions (Sbp) Ms-65530-0016 Between the Boeing Company and Spirit Aerosystems, Inc. (February 9th, 2018)

THIS AMENDMENT NUMBER 31 ("Amendment No. 31") to Special Business Provisions MS-65530-0016 is made as of the last date executed below (the "Effective Date") by and between Spirit AeroSystems, Inc., a Delaware corporation having its principal office in Wichita, Kansas ("Seller") and The Boeing Company, a Delaware corporation, acting by and through its division, Boeing Commercial Airplanes ("Boeing"). Hereinafter, Seller and Boeing may be referred to individually as "Party" or jointly as the "Parties".

Niocorp Developments Ltd – Amendment #7 to Contract (February 9th, 2018)

AGREEMENT, made and entered into this 28th day of August, 2017, by and between NioCorp Developments Ltd., of 7000 South Yosemite Street, Suite115, Centennial, CO 80112 (hereinafter referred to as "NioCorp") and Lind Asset Management IV, LLC, of 370 Lexington Ave, Suite 1900, New York, NY 10017 (hereinafter referred to as "Lind").

Science Applications International Corp – Second Amendment (February 9th, 2018)

This SECOND AMENDMENT, dated as of February 7, 2018 (this "Agreement"), to the SECOND AMENDED AND RESTATED CREDIT AGREEMENT dated as of May 4, 2015, as amended by the FIRST AMENDMENT, dated as of August 23, 2016 (the "Existing Credit Agreement"), among SCIENCE APPLICATIONS INTERNATIONAL CORPORATION, a Delaware corporation (the "Borrower"), the LENDERS party thereto and CITIBANK, N.A., as Administrative Agent and Collateral Agent (the "Administrative Agent") (capitalized terms used but not defined herein have the meaning provided in the Existing Credit Agreement). Citibank, N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated, PNC Capital Markets LLC, SunTrust Robinson Humphrey, Inc., US Bank National Association and Wells Fargo Bank, National Association, have been appointed to act as joint lead arrangers and joint bookrunners in connection with this Agreement (in such capacities, the "Arrangers"), and The Bank of Tokyo-Mitsubishi UFJ, Ltd., Capital One, National Association, First

Realogy Holdings Corp. – Second Amendment (February 9th, 2018)

SECOND AMENDMENT, dated as of February 8, 2018 (this "Amendment"), to the Term Loan Agreement, dated as of October 23, 2015 (as amended, supplemented or otherwise modified from time to time, the "Credit Agreement"), among Realogy Intermediate Holdings LLC ("Holdings"), Realogy Group LLC (the "Borrower"), the several lenders from time to time parties thereto (the "Lenders"), JPMorgan Chase Bank, N.A., as administrative agent (in such capacity, the "Administrative Agent") and the other agents parties thereto.

Realogy Holdings Corp. – Sixth Amendment (February 9th, 2018)

SIXTH AMENDMENT, dated as of February 8, 2018 (this "Amendment"), to the Amended and Restated Credit Agreement, dated as of March 5, 2013 (as amended, supplemented or otherwise modified from time to time, the "Credit Agreement"), among Realogy Intermediate Holdings LLC ("Holdings"), Realogy Group LLC (the "Borrower"), the several lenders from time to time parties thereto (the "Lenders"), JPMorgan Chase Bank, N.A., as administrative agent (in such capacity, the "Administrative Agent") and the other agents parties thereto.

Realogy Holdings Corp. – Fifth Amendment (February 9th, 2018)

FIFTH AMENDMENT, dated as of February 8, 2018 (this "Amendment"), to the Amended and Restated Credit Agreement, dated as of March 5, 2013 (as amended, supplemented or otherwise modified from time to time, the "Credit Agreement"), among Realogy Intermediate Holdings LLC ("Holdings"), Realogy Group LLC (the "Borrower"), the several lenders from time to time parties thereto (the "Lenders"), JPMorgan Chase Bank, N.A., as administrative agent (in such capacity, the "Administrative Agent") and the other agents parties thereto.

M III Acquisition Corp. – Amendment No. 4 (February 9th, 2018)

AMENDMENT NO. 4 (this Amendment), dated as of February 7, 2018, to the Agreement and Plan of Merger, dated as of November 3, 2017 (as amended by Amendment No. 1, dated as of November 15, 2017, Amendment No. 2, dated as of December 27, 2017, and Amendment No. 3, dated as of January 9, 2018, and as further amended, restated or otherwise modified from time to time, the Agreement), by and among IEA Energy Services LLC, a Delaware limited liability company, M III Acquisition Corp., a Delaware corporation (the Buyer), Wind Merger Sub I, Inc., a Delaware corporation and a wholly owned subsidiary of the Buyer, Wind Merger Sub II, LLC, a Delaware limited liability company and a wholly owned subsidiary of the Buyer, Infrastructure and Energy Alternatives, LLC, a Delaware limited liability company (the Seller), Oaktree Power Opportunities Fund III Delaware, L.P., a Delaware limited partnership, solely in its capacity as the representative of the Seller, and, solely for purposes of Section 10.3 th

Amendment Number 33 to Special Business Provisions (Sbp) Ms-65530-0016 Between the Boeing Company and Spirit Aerosystems, Inc. (February 9th, 2018)

This Amendment Number 33 ("Amendment No. 33") to Special Business Provisions MS-65530-0016 is made effective as of the date of last signature below (the "Effective Date") between Spirit AeroSystems, Inc., a Delaware Corporation having its principal office in Wichita, Kansas ("Seller") and The Boeing Company, a Delaware Corporation, acting by and through its division, Boeing Commercial Airplanes ("Boeing"). Hereinafter, the Seller and Boeing may be referred to individually as "Party" or jointly as "Parties".

Graphic Packaging Holding Co – THIRD AMENDMENT TO THE GPI US CONSOLIDATED PENSION PLAN (As Amended and Restated Effective January 1, 2017) (February 7th, 2018)

WHEREAS, Graphic Packaging International, Inc. (the "Company") maintains for the benefit of its employees the GPI US Consolidated Pension Plan (the "Plan"); and

Graphic Packaging Holding Co – SEVENTH AMENDMENT TO THE GPI SAVINGS PLAN (As Amended and Restated Effective January 1, 2015) (February 7th, 2018)

WHEREAS, Graphic Packaging International, Inc. (the "Company") maintains for the benefit of its employees the GPI Savings Plan (the "Plan"); and

CONE Midstream Partners LP – Limited Consent and Amendment To (February 7th, 2018)

This Limited Consent and Amendment to Credit Agreement (this "Limited Consent"), dated as of December 22, 2017 (the "Limited Consent Effective Date"), is among CONE MIDSTREAM PARTNERS LP, a Delaware limited partnership (the "Borrower"); each of the undersigned guarantors (the "Guarantors", and together with the Borrower, the "Loan Parties"); each of the Lenders party hereto; and JPMorgan Chase Bank, N.A., as administrative agent for the Lenders (in such capacity, together with its successors in such capacity, the "Administrative Agent").

Graphic Packaging Holding Co – EIGHTH AMENDMENT TO THE GPI SAVINGS PLAN (As Amended and Restated Effective January 1, 2015) (February 7th, 2018)

WHEREAS, Graphic Packaging International, Inc. (the "Company") maintains for the benefit of its employees the GPI Savings Plan (the "Plan"); and

Graphic Packaging Holding Co – SECOND AMENDMENT TO THE GPI US CONSOLIDATED PENSION PLAN (As Amended and Restated Effective January 1, 2017) (February 7th, 2018)

WHEREAS, Graphic Packaging International, Inc. (the "Company") maintains for the benefit of its employees the GPI US Consolidated Pension Plan (the "Plan"); and

Amendment 2018-1 to The (February 6th, 2018)

Pursuant to the authority granted by Compensation Committee of the Board of Directors of Sysco Corporation (the "Compensation Committee") under Section 10.1 of the Sysco Corporation Management Savings Plan (the "MSP"), the MSP is hereby amended as follows:

Skyline Medical Inc. – Amendment No. 1 to Warrant (February 6th, 2018)

This Amendment No. 1 To Warrant (this "Amendment") is made as of __________, 2018, by Skyline Medical Inc. (to be renamed Precision Therapeutics Inc. as of February 1, 2018) (the "Company"), in regards to that certain Common Stock Purchase Warrant to dated November 25, 2016, (the "Warrant") issued to [Name of Holder] ("Holder"). Capitalized terms used but not defined in this Amendment shall have the meanings given to them in the Warrant.

Letter Amendment (February 5th, 2018)

We refer to the $10,000,000,000 Term Loan Credit Agreement dated as of November 15, 2016 (the Credit Agreement) among AT&T Inc. (the Borrower), the Lenders and the Agent. Capitalized terms not otherwise defined in this letter amendment (this Letter Amendment) have the same meanings as specified in the Credit Agreement.

Amendment No. 1 to Note (February 5th, 2018)

AMENDMENT NO. 1 TO NOTE (this Amendment), dated and effective as of January 31, 2018, is made by and between the U.S. SMALL BUSINESS ADMINISTRATION (SBA), an agency of the United States, and its successors and assigns, and FRESHSTART VENTURE CAPITAL CORPORATION (the Licensee), a Small Business Investment Company, licensed under the Small Business Investment Act of 1958, as amended, whose principal office is located at 437 Madison Avenue, New York, NY 10022.

Incremental Commitment Amendment (February 2nd, 2018)
Stitch Fix, Inc. – Third Amendment (February 2nd, 2018)

THIS THIRD AMENDMENT (this "Amendment") is made and entered into as of January 29, 2018, by and between POST-MONTGOMERY ASSOCIATES, a California general partnership ("Landlord"), and STITCH FIX, INC., a Delaware corporation ("Tenant").

JM Global Holding Co – Amendment No. 2 to Investment Management Trust Agreement (February 1st, 2018)

THIS AMENDMENT NO. 2 TO THE INVESTMENT MANAGEMENT TRUST AGREEMENT (this "Amendment") is made as of January 29th, 2018, by and between JM Global Holding Company, a Delaware corporation (the "Company"), and Continental Stock Transfer & Trust Company, a New York corporation (the "Trustee"). Capitalized terms contained in this Amendment, but not specifically defined in this Amendment, shall have the meanings ascribed to such terms in the Original Agreement (as defined below).

Amendment to the Harris Corporation Master Trust (February 1st, 2018)

THIS AGREEMENT is made this 3rd day of May, 2010 by and between HARRIS CORPORATION, a Delaware corporation, (the "Company"), and THE NORTHERN TRUST COMPANY, an Illinois corporation of Chicago, Illinois (the "Trustee");