Amendment Sample Contracts

Digital Power Corporation – Amendment No. 8 Agreement (November 16th, 2018)

This Amendment No. 8 Agreement (this "Amendment") is dated as of November 16, 2018 by and between Dominion Capital LLC (the "Holder") and DPW Holdings, Inc., a Delaware corporation (the "Company").

Virgin Trains USA LLC – Amendment 1 to the Vehicle Terms and Conditions Between All Aboard Florida - Operations LLC and Siemens Industry Inc. (November 16th, 2018)

Amendment 1 ("Amendment 1") dated July 17, 2015 to the Vehicle Terms and Conditions Agreement ("VTC") with an effective date of August 15, 2014, by and between All Aboard Florida - Operations LLC, a limited liability company duly formed and validly existing under the laws of the State of Delaware, with a principal business address of 2855 Le Jeune Road, 4th Floor; Coral Gables, Florida 33134 ("AAF" or "Owner") and Siemens Industry, Inc., a corporation duly formed and validly existing under the laws of the State of Delaware with a principal business address of 7464 French Road, Sacramento, CA 95828 ("SII" or "Contractor") Each of AAF and SII may be referred to herein as a "party" or collectively as the "parties." This Amendment 1 is executed in accordance with Section 45 of the VTC.

Incremental Amendment (November 15th, 2018)

INCREMENTAL AMENDMENT, dated as of November 15, 2018 (this "Incremental Amendment"), to the Existing Credit Agreement referred to below, among Brooks Automation, Inc., a Delaware corporation (together with its successors and assigns, the "Borrower"), the other Loan Parties (as defined in the Credit Agreement (as defined below)) parties hereto, the Administrative Agent (as defined below) and Morgan Stanley Senior Funding, Inc., as the 2018 Incremental Term B Lender (as defined below).

Amendment 3 to Spire Deferred Income Plan (November 14th, 2018)

WHEREAS, Spire Inc. (the "Company") adopted the Spire Inc. Deferred Income Plan effective January 1, 2005, which was most recently amended effective January 1, 2018 (the "Plan");

Regency Centers Corporation Amendment No. 1 to Forward Master Confirmation (November 14th, 2018)
Synergy Pharmaceuticals Inc. – Amendment and Waiver No. 5 (November 14th, 2018)

THIS AMENDMENT AND WAIVER, dated as of November 13, 2018 (this Agreement), is made among Synergy Pharmaceuticals Inc., a Delaware corporation (Borrower), the Subsidiary Guarantors as from time to time party hereto, the Lenders listed on the signature pages hereof under the heading LENDERS (each a Lender and, collectively, the Lenders), and CRG Servicing LLC, a Delaware limited liability company (CRG Servicing), as administrative agent and collateral agent for the Lenders (in such capacities, together with its successors and assigns, Agent).

Regency Centers Corporation Amendment No. 1 to Forward Master Confirmation (November 14th, 2018)
Everspin Technologies Inc – Amendment No. 7 to Lease (November 14th, 2018)

This AMENDMENT No. 7 TO LEASE ("Amendment No. 7"), effective as of June 30, 2018 ("Amendment No. 7 Effective Date") is entered into by and between NXP USA, Inc. (formerly FREESCALE SEMICONDUCTOR, INC.). a Delaware corporation and 100% affiliated company of NXP Semiconductors N.V. ("Landlord"), and EVERSPIN TECHNOLOGIES, INC., a Delaware corporation ("Tenant"), with reverence to the following facts:

1st Amendment to Negotiation Protocol (November 14th, 2018)

We, Robert Bosch GmbH (hereinafter referred to as "BOSCH") conducted negotiations with Data I/O on 2018.08.29 concerning the 1st amendment for negotiation protocol.

Regency Centers Corporation Amendment No. 1 to Forward Master Confirmation (November 14th, 2018)
Fuel Tech – Eleventh Amendment to Continuing Guaranty (November 13th, 2018)

This Eleventh Amendment to Continuing Guaranty (this "Amendment"), is made and entered into and is effective as of October 19, 2018 (the "Effective Date"), between Fuel Tech, Inc., a Delaware corporation (the "Guarantor"), and JPMorgan Chase Bank, N.A., for itself and each Lending Installation, including but not limited to JPMorgan Chase Bank (China) Company Limited (including but not limited to its Shanghai Branch, the "JPMC Chinese Affiliate"), and each of their respective successors and assigns (individually and collectively, the "Bank").

Seanergy Maritime Holdings Corp – THIS AMENDMENT Is Made This 28th Day of June 2018 BETWEEN: (November 8th, 2018)
Amendment Deed (November 8th, 2018)
Ritchie Bros. Auctioneers Inc. – Amendment No. 1 to the Ritchie Bros Auctioneers Incorporated Employee Performance Share Unit Plan (March 2015) (November 8th, 2018)

The Board of Directors of Ritchie Bros. Auctioneers Incorporated (the "Corporation"), pursuant to its authority to amend the Employee Performance Share Unit Plan (the "Plan") contained in Section 9.11(a) of the Plan, hereby adopts this Amendment No. 1 to the Plan as of August 8, 2018 (this "Amendment").

Penn Virginia – Second Amendment to Second Amended and Restated Construction and Field Gathering Agreement (November 8th, 2018)

This Second Amendment to Second Amended and Restated Construction and Field Gathering Agreement (this "Amendment") is dated as of July 2, 2018 (the "Execution Date") by and between Republic Midstream, LLC, a Delaware limited liability company ("Gatherer"), and Penn Virginia Oil & Gas, L.P., a Texas limited partnership ("Shipper"). Gatherer and Shipper may hereinafter be referred to singularly as a "Party" and, together, as the "Parties."

Kar Auction Services Inc – Amendment No. 3 (November 7th, 2018)

WHEREAS, KAR Auction Services, Inc. (the "Company") maintains the KAR Auction Services, Inc. Employee Stock Purchase Plan (the "Plan");

Carvana Co. – Third Amendment (November 7th, 2018)

THIRD AMENDMENT dated as of November 2, 2018 (this "Amendment") to the Amended and Restated Master Purchase and Sale Agreement, dated as of March 6, 2017, as amended by the First Amendment, dated as of September 14, 2017, by the Second Amendment, dated as of November 3, 2017, and by Omnibus Amendment No. 2 to Basic Documents (Ally-Carvana Flow), dated as of January 4, 2018 (the "Master Purchase and Sale Agreement"), among CARVANA AUTO RECEIVABLES 2016-1 LLC, a Delaware limited liability company, as Transferor (the "Transferor"), ALLY BANK, a Utah chartered bank, as a Purchaser (in such capacity, a "Purchaser"), and ALLY FINANCIAL INC., a Delaware corporation, as a Purchaser (in such capacity, a "Purchaser" and, together with Ally Bank, the "Purchasers").

Willis Lease Finance Corporation – Amendment No. 2 Dated as of August 9, 2018 to the Agreement to Purchase [*] Spare Engine by and Between Iae International Aero Engines Ag and Willis Lease Finance Corporation (November 7th, 2018)

This document contains proprietary information of IAE International Aero Engines AG ("IAE AG"). IAE AG offers the information contained in this document on the condition that you not disclose or reproduce the information to or for the benefit of any third party without IAE AG's written consent. Neither receipt nor possession of this document, from any source, constitutes IAE AG's permission. Possessing, using, copying or disclosing this document to or for the benefit of any third party without IAE AG's written consent may result in criminal and/or civil liability.

The Confidential Portions of This Exhibit Have Been Filed Separately With the Securities and Exchange Commission Pursuant to a Confidential Treatment Request in Accordance With Rule 24b-2 of the Securities Exchange Act of 1934, as Amended. REDACTED PORTIONS OF THIS EXHIBIT ARE MARKED BY "***". Amendment #16 to the Yahoo Publisher Network Contract #1-19868214 Effective Date: April 24, 2009, as Amended ("Original Agreement") (November 7th, 2018)

THIS AMENDMENT #16 to the Original Agreement ("Amendment #16") is by and between Inuvo, Inc. ("Publisher"), on the one hand, and Oath Holdings Inc., Yahoo! Singapore Digital Marketing Pte. Ltd., and Oath (EMEA) Limited (collectively, "Yahoo"), on the other hand, and is made effective as of the latter date of Yahoo's or Publisher's signature below (the "Amendment #16 Effective Date"). All capitalized terms not defined herein shall have the meanings assigned to them in the Original Agreement.

Sunrun Inc. – Sunrun Inc. Amendment No. 1 to Warrant to Purchase Shares of Common Stock (November 7th, 2018)

This Amendment No. 1 to Warrant to Purchase Shares of Common Stock (this "Amendment") is entered into as of November 7, 2018, by and between Sunrun Inc., a Delaware corporation (the "Company"), and Comcast Corporation, a Pennsylvania corporation ("Comcast"), and amends that certain Warrant to Purchase Shares of Common Stock, dated as of August 23, 2017, issued by the Company to Comcast (the "Warrant"). Capitalized terms used in this Amendment and not otherwise defined herein shall have the respective meanings assigned to such terms in the Warrant.

THIRD AMENDMENT TO THE ZIONS BANCORPORATION PENSION PLAN (December 31, 2010 Edition) (November 7th, 2018)

This Third Amendment to the Zions Bancorporation Pension Plan is made and entered into this 30 day of October, 2017, by the Zions Bancorporation Benefits Committee ("Committee") on behalf of Zions Bancorporation, hereinafter referred to as the "Employer."

Viking Therapeutics – Extension of Term and Amendment of Sublease (November 7th, 2018)

This Extension of Term and Amendment of Sublease (the "Agreement"), dated as of the 30th day of September, 2018, between Fish & Richardson P.C., a Massachusetts corporation, with its principal office at One Marina Park Drive, Boston, Massachusetts 02210 ("Sublandlord") and Viking Therapeutics, Inc., a Delaware corporation, having an office at 12340 El Camino Real, San Diego, California 92130 ("Subtenant").

Cempra Inc. – Amendment No. 2 to Exclusive License and Development Agreement (November 7th, 2018)

This Amendment No. 2 ("Amendment No. 2") to the EXCLUSIVE LICENSE AND DEVELOPMENT AGREEMENT, dated as of May 8, 2013 and amended as of September 26, 2013, by and between CEMPRA PHARMACEUTICALS, INC. ("Cempra") and TOYAMA CHEMICAL CO., LTD. ("Toyama") is hereby effective as of September 12, 2018. Capitalized terms not defined herein shall have the meaning given to them in the Agreement.

Willis Lease Finance Corporation – CONFIDENTIAL TREATMENT REQUESTED AMENDMENT NO. 1 DATED AS OF JULY 25, 2018 TO THE AGREEMENT TO PURCHASE [*] SPARE ENGINES BY AND BETWEEN IAE INTERNATIONAL AERO ENGINES AG AND WILLIS LEASE FINANCE CORPORATION, for Itself and as Servicer DATED AS OF MARCH 16, 2018 (November 7th, 2018)

This document contains proprietary information of IAE International Aero Engines AG ("IAE"). IAE offers the information contained in this document on the condition that you not disclose or reproduce the information to or for the benefit of any third party without IAE's written consent. Neither receipt nor possession of this document, from any source, constitutes IAE's permission. Possessing, using, copying or disclosing this document to or for the benefit of any third party without IAE's written consent may result in criminal and/or civil liability.

Aethlon Medical – SIXTH AMENDMENT TO STANDARD INDUSTRIAL NET LEASE (Sorrento Business Complex) (November 6th, 2018)

THIS SIXTH AMENDMENT TO STANDARD INDUSTRIAL NET LEASE ("Sixth Amendment") is made and entered into as of the 18th day of September, 2018, by and between AGP SORRENTO BUSINESS COMPLEX, L.P., a Delaware limited partnership ("Landlord") and AETHLON MEDICAL, INC., a Nevada corporation ("Tenant").

Amendment to Financial Assistance Award (November 1st, 2018)

The Department and Verisign have mutually agreed to certain modifications to the Cooperative Agreement as set forth in the Special Award Condition. Except as modified by this Amendment, the terms and conditions of the Cooperative Agreement, as previously amended, remain unchanged.

Synergy Pharmaceuticals Inc. – Amendment and Waiver No. 3 (October 31st, 2018)

THIS AMENDMENT AND WAIVER (this Agreement), dated as of October 30, 2018 and effective as of October 25, 2018 (the Effective Date), is made among Synergy Pharmaceuticals Inc., a Delaware corporation (Borrower), the Subsidiary Guarantors as from time to time party hereto, the Lenders listed on the signature pages hereof under the heading LENDERS (each a Lender and, collectively, the Lenders), and CRG Servicing LLC, a Delaware limited liability company (CRG Servicing), as administrative agent and collateral agent for the Lenders (in such capacities, together with its successors and assigns, Agent).

Second Amendment to the Progressive Corporation Executive Separation Allowance Plan (2017 Amendment and Restatement) (October 31st, 2018)

WHEREAS, The Progressive Corporation ("Company") currently maintains The Progressive Corporation Executive Separation Allowance Plan ("Plan") pursuant to the 2017 Amendment and Restatement;

Amendment Number 37 to Special Business Provisions (Sbp) Ms-65530-0016 Between the Boeing Company and Spirit Aerosystems, Inc. (October 31st, 2018)

This Amendment ("Amendment") to Special Business Provisions MS-65530-0016 is entered into as of the date of last signature below between The Boeing Company, a Delaware Corporation ("Boeing"), and SPIRIT AEROSYSTEMS, INC, Wichita, Kansas ("Seller"). Boeing and Seller sometimes are referred to herein individually as a "Party" and collectively as the "Parties."

AMENDMENT NUMBER 27 TO Special Business Provisions (SBP) BCA-MS-65530-0019 BETWEEN THE BOEING COMPANY And (October 31st, 2018)

THIS AMENDMENT NUMBER 27 ("Amendment No. 27") 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".

Third Amendment To (October 30th, 2018)

This CREDIT AGREEMENT is entered into as of September 28, 2011 among GRAYBAR ELECTRIC COMPANY, INC., a New York corporation (the "Parent Borrower"), Graybar Canada Limited, a company duly formed by amalgamation under the Companies Act of the Province of Nova Scotia (the "Canadian Borrower"; together with the Parent Borrower, the "Borrowers"), the Subsidiary Guarantors, the Lenders (defined herein), BANK OF AMERICA, N.A., as Domestic Administrative Agent, Domestic Swing Line Lender and Domestic L/C Issuer and BANK OF AMERICA, N.A., acting through its Canada branch, as Canadian Administrative Agent, Canadian Swing Line Lender and Canadian L/C Issuer.

Second Amendment To (October 30th, 2018)

THIS SECOND AMENDMENT TO CREDIT AGREEMENT, dated as of October 29, 2018 (this "Amendment"), is made by and among ANIXTER RECEIVABLES CORPORATION, a Delaware corporation (the "Borrower"), ANIXTER INC., a Delaware corporation, (the "Servicer"), the Lenders (as defined in the Credit Agreement, defined herein) party hereto and JPMORGAN CHASE BANK, N.A., as administrative agent for the Lenders (the "Administrative Agent").

AMENDMENT NO. 1 TO THE Amended and Restated (October 30th, 2018)
Amendment Number Six to the Bbva Compass Bancshares, Inc. Local Directors Compensation and Business Development Plan (October 30th, 2018)

The BBVA Compass Bancshares, Inc. Local Directors Compensation and Business Development Plan, effective as of October 22, 2007, as amended by that certain Amendment Number One to the Compass Bancshares, Inc. Local Directors Compensation and Business Development Plan dated November 23, 2009, that certain Amendment Number Two to the Compass Bancshares, Inc. Local Directors Compensation and Business Development Plan dated November 20, 2012, that certain Amendment Number Three to the BBVA Compass Bancshares, Inc. Local Directors Compensation and Business Development Plan dated September 18, 2013, that certain Amendment Number Four to the BBVA Compass Bancshares, Inc. Local Directors Compensation and Business Development Plan dated October 27, 2014 (the "Plan"), and that certain Amendment Number Five to the BBVA Compass Bancshares, Inc. Local Directors Compensation and Business Development Plan dated March 31, 2017 (the "Plan")is hereby further amended as follows:

New Residential Investment Corp – AMENDMENT NUMBER ONE New RMSR Agreement Dated as of August 17, 2018 by and Among NEW RESIDENTIAL MORTGAGE LLC HLSS HOLDINGS, LLC HLSS MSR - EBO ACQUISITION LLC and OCWEN LOAN SERVICING, LLC (October 30th, 2018)

This AMENDMENT NUMBER ONE is made this 17th day of August, 2018, by and between OCWEN LOAN SERVICING, LLC, as seller (the "Seller"), HLSS HOLDINGS, LLC ("Holdings"), HLSS MSR - EBO ACQUISITION LLC, ("MSR - EBO" and together with Holdings, the "Purchasers") and NEW RESIDENTIAL MORTGAGE LLC ("NRM"), to that certain New RMSR Agreement, dated as of January 18, 2018 (the "Agreement"), by and among the Seller, the Purchasers and NRM.