Amendment Sample Contracts

Michaels Companies, Inc. – Addendum and Amendment to Separation Letter (March 22nd, 2019)

This ADDENDUM AND AMENDMENT TO SEPARATION LETTER (this "Addendum") is made and entered into as of this 20th day of March, 2019 by and between Michaels Stores, Inc. (the "Company"), The Michaels Companies, Inc. ("Parent"), and Carl Rubin (the "Executive" and, collectively with the Company and Parent, the "Parties"). Capitalized terms that are used herein but not defined will have the meanings ascribed to such terms in the separation letter agreement entered into between the parties on February 27, 2019 (the "Separation Letter").

Amendment No. 1 (March 22nd, 2019)

We refer to the Amended and Restated Agreement, dated as of February 22, 2017 (the "Credit Agreement") among Dollar General Corporation, a Tennessee corporation, the Lenders from time to time party thereto and Citibank, N.A., as administrative agent. Capitalized terms not otherwise defined in this Amendment have the same meanings as specified in the Credit Agreement.

Duke Energy Indiana, Inc. – [Signature Page to Amendment No. 4 and Consent] (March 21st, 2019)

AGREEMENT dated as of November 18, 2011 (as amended by Amendment No. 1 and Consent, dated as of December 18, 2013, Amendment No. 2 and Consent, dated as of January 30, 2015 and2015, Amendment No. 3 and Consent, dated as of March 16, 2017 and Amendment No. 4 and Consent, dated as of March 18, 2019) among DUKE ENERGY CORPORATION, DUKE ENERGY CAROLINAS, LLC, DUKE ENERGY OHIO, INC., DUKE ENERGY INDIANA, LLC, DUKE ENERGY KENTUCKY, INC., DUKE ENERGY PROGRESS, LLC (f/k/a PROGRESS ENERGY CAROLINAS, INC.), DUKE ENERGY FLORIDA, LLC (f/k/a PROGRESS ENERGY FLORIDA, INC.) and PIEDMONT NATURAL GAS COMPANY, INC., as Borrowers, the Lenders from time to time party hereto, WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent, BANK OF AMERICA, N.A., JPMORGAN CHASE BANK, N.A. and MIZUHO BANK, LTD., as Co-Syndication Agents, and BANK OF CHINA, NEW YORK BRANCH, BARCLAYS BANK PLC, CITIBANK, N.A., CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, THEMUFG BANK OF TOKYO-MITSUBISHI UFJ, LTD. and ROYAL BANK OF

FS Credit Real Estate Income Trust, Inc. – Second Amendment to Uncommitted Master Repurchase and Securities Contract Agreement (March 21st, 2019)
FS Credit Real Estate Income Trust, Inc. – Amendment No. 3 to Master Repurchase and Securities Contract (March 21st, 2019)
Griffin-American Healthcare REIT III, Inc. – Amendment No. 1 to Griffin-American Healthcare Reit Iii, Inc. Second Amended and Restated Share Repurchase Plan Recitals (March 21st, 2019)

WHEREAS, the Board of Directors (the "Board") of Griffin-American Healthcare REIT III, Inc., a Maryland corporation (the "Company"), has adopted a Second Amended and Restated Share Repurchase Plan (the "Repurchase Plan") by which shares ("Shares") of the Company's common stock, par value $0.01 per share (the "Common Stock"), may be repurchased by the Company from stockholders subject to certain conditions and limitations; and

Amendment of Solicitation/Modification of Contract (March 19th, 2019)
Amendment of Solicitation/Modification of Contract (March 19th, 2019)
Amendment of Solicitation/Modification of Contract (March 19th, 2019)
Amendment of Solicitation/Modification of Contract (March 19th, 2019)
Titan Medical Inc – A Final Prospectus Containing Important Information Relating to the Securities Described in This Document Has Been Filed With the Securities Regulatory Authorities in the Provinces of British Columbia, Alberta and Ontario. A Copy of the Final Prospectus, and Any Amendment, Is Required to Be Delivered With This Document. This Document Does Not Provide Full Disclosure of All Material Facts Relating to the Securities Offered. Investors Should Read the Final Prospectus and Any Amendment for Disclosure of Those Facts, Especially Risk Factors Relating to the Securities Offered, Before Making an Inve (March 19th, 2019)
ConversionPoint Holdings, Inc. – Amendment No. 4 to Sellpoints, Inc. Lease (March 15th, 2019)

THIS AMENDMENT NO. 4 TO SELLPOINTS, INC. LEASE is made and entered into as of February 9, 2018, by and between 65TH STREET DEVELOPMENT COMPANY, LLC, a California limited liability company ("Landlord"), and SELLPOINTS, INC., a Delaware corporation ("Tenant").

Amendment No. 4 to Note (March 15th, 2019)
ConversionPoint Holdings, Inc. – Amendment No. 5 to Sellpoints, Inc. Lease (March 15th, 2019)

THIS AMENDMENT NO. 5 TO SELLPOINTS, INC., LEASE is made and entered into as of August 1, 2018, by and between 65TH STREET DEVELOPMENT COMPANY, LLC, a California limited liability company ("Landlord"), and SELLPOINTS, INC., a Delaware corporation ("Tenant").

ViewRay, Inc. – Amendment (March 15th, 2019)

The below signatories are parties to the Original Agreement. The parties hereby agree to amend the Original Agreement as follows:

ConversionPoint Holdings, Inc. – Amendment No. 2 to Sellpoints, Inc. Lease (March 15th, 2019)

THIS AMENDMENT NO. 2 TO SELLPOINTS, INC. LEASE is made and entered into as of December 27, 2013, by and between 65TH STREET DEVELOPMENT COMPANY, LLC, a California limited liability company ("Landlord"), and SELLPOINTS, INC., a Delaware corporation ("Tenant").

ConversionPoint Holdings, Inc. – Amendment No. 3 to Sellpoints, Inc. Lease (March 15th, 2019)

THIS AMENDMENT NO. 3 TO SELLPOINTS, INC. LEASE is made and entered into as of February 27, 2015, by and between 65TH STREET DEVELOPMENT COMPANY, LLC, a California limited liability company ("Landlord"), and SELLPOINTS, INC., a Delaware corporation ("Tenant").

Amendment #18 to the Yahoo Publisher Network Contract #1-19868214 Effective Date: April 24, 2009, as Amended ("Agreement") (March 15th, 2019)

THIS AMENDMENT #18 to the Agreement ("Amendment #18") 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 January 1, 2019 (the "Amendment #18 Effective Date"). All capitalized terms not defined herein shall have the meanings assigned to them in the Agreement.

Athersys – Amendment No. 2 to Collaboration Expansion Agreement (March 15th, 2019)

This Amendment No. 2 (this "Amendment") to the Collaboration Expansion Agreement (the "Agreement") is made on December 6, 2018, by and among ABT Holding Company, a Delaware corporation ("ATHX"), Athersys, Inc., a Delaware corporation ("Athersys"), and HEALIOS K.K., a Japanese company ("Healios"). Capitalized terms used herein without definition shall have the meanings ascribed to such terms in the Agreement.

Change Healthcare Inc. – Amendment No. 1 to Agreement of Contribution and Sale (March 15th, 2019)
Athersys – Amendment No. 3 to Collaboration Expansion Agreement (March 15th, 2019)

This Amendment No. 3 (this "Amendment") to the Collaboration Expansion Agreement (the "Agreement") is made on December 14, 2018, by and among ABT Holding Company, a Delaware corporation ("ATHX"), Athersys, Inc., a Delaware corporation ("Athersys"), and HEALIOS K.K., a Japanese company ("Healios"). Capitalized terms used herein without definition shall have the meanings ascribed to such terms in the Agreement.

Amendment to Warrant to Purchase Shares of Common Stock (March 14th, 2019)

WHEREAS, the Company and the Holder are parties to the Warrant to Purchase Shares of Common Stock, dated as of December 30, 2016 (the "Warrant"); and

Blueknight Energy – Amendment to Storage, Throughput and Handling Agreement (March 12th, 2019)

This Amendment to Storage, Throughput and Handling Agreement (this "Amendment") is entered into effective as of January 1, 2019 ("Amendment Date"), by and between BKEP Materials, L.L.C., a Texas limited liability company ("BKEP Materials"), BKEP Asphalt, L.L.C., a Texas limited liability company ("BKEP Asphalt" and together with BKEP Materials, "Owner"), and Ergon Asphalt & Emulsions, Inc., a Mississippi corporation ("Customer"). Owner and Customer are sometimes referred to individually as "Party" and collectively as the "Parties".

Amendment to Dasan Zhone Solutions, Inc. 2017 Incentive Award Plan (March 12th, 2019)

THIS AMENDMENT (this "Amendment") to the DASAN Zhone Solutions, Inc. 2017 Incentive Award Plan (the "Plan"), is made and adopted by the Board of Directors (the "Board") of DASAN Zhone Solutions, Inc., a Delaware corporation (the "Corporation"), effective as of the date approved by the Corporation's stockholders (the "Effective Date"). All capitalized terms used but not otherwise defined herein shall have the respective meanings ascribed to such terms in the Plan (as defined below).

Second Amendment (March 11th, 2019)

This SECOND AMENDMENT (this "Amendment") dated as of December 21, 2018 to the Credit Agreement referenced below is by and among Celestica Inc., an Ontario corporation (the "Company"), Celestica International LP, an Ontario limited partnership, Celestica (USA) Inc., a Delaware corporation (together with the Company and Celestica International LP, the "Borrowers"), the Guarantors party hereto and Bank of America, N.A., in its capacity as Administrative Agent (in such capacity, the "Administrative Agent"). Capitalized terms used herein but not otherwise defined herein shall have the meanings provided to such terms in the Credit Agreement (as amended by this Amendment).

First Incremental Facility Amendment (March 11th, 2019)

This FIRST INCREMENTAL FACILITY AMENDMENT (this "Amendment") dated as of November 14, 2018 to the Credit Agreement referenced below is by and among Celestica Inc., an Ontario corporation (the "Company"), Celestica International LP, an Ontario limited partnership, Celestica (USA) Inc., a Delaware corporation (together with the Company and Celestica International LP, the "Borrowers"), the Guarantors party hereto, the Incremental Term B-2 Lender (defined below), and Bank of America, N.A., in its capacity as Administrative Agent (in such capacity, the "Administrative Agent"). Capitalized terms used herein but not otherwise defined herein shall have the meanings provided to such terms in the Credit Agreement (as amended by this Amendment).

Adams Resources & Energy – Fifth Amendment to Credit and Security Agreement (March 11th, 2019)

THIS FIFTH AMENDMENT TO CREDIT AND SECURITY AGREEMENT (the "Amendment"), dated effective as of August 31, 2017, is entered into by and between GULFMARK ENERGY, INC., a Texas corporation ("Borrower"), and WELLS FARGO BANK, NATIONAL ASSOCIATION ("Wells Fargo"), acting through its Wells Fargo Business Credit operating division.

Second Amendment to the Amended and Restated By-Laws of Carriage Services, Inc. (March 11th, 2019)

The Amended and Restated By-laws of Carriage Services, Inc., Inc., dated as of July 2, 1996 (as first amended on May 20, 2008, "the Bylaws"), are hereby amended, effective March 6, 2019, as follows:

Ninth Amendment to the Amended and Restated (March 11th, 2019)

WHEREAS the Sellers, the Servicer, the Purchasers and the Administrative Agent are parties to an Amended and Restated Revolving Trade Receivables Purchase Agreement, dated as of November 4, 2011, as amended by the First Amendment, dated as of November 19, 2012; by the Second Amendment, dated as of January 2, 2013; by the Third Amendment, dated as of November 21, 2013; by the Fourth Amendment, dated as of November 21, 2014; by the Fifth Amendment, dated as of November 23, 2015; by the Sixth Amendment, dated as of November 23, 2016; by the Seventh Amendment, dated as of October 6, 2017 and by the Eighth Amendment, dated as of November 22, 2017 (as so amended, the "Receivables Purchase Agreement");

Ingevity Corp – Amendment No. 3 (March 7th, 2019)

AMENDMENT NO. 3, dated as of March 7, 2019 (this "Amendment"), among INGEVITY CORPORATION, a Delaware corporation (the "U.S. Borrower"), Ingevity Holdings SPRL (formerly known as MEADWESTVACO EUROPE SPRL), a Belgian private limited liability company (societe privee a responsabilite limitee/besloten vennootschap met beperkte aansprakelijkheid) incorporated under the laws of Belgium, with its registered office at Avenue des Olympiades 2, B-1140 Brussels and registered with the Belgian Crossroads Bank for Enterprises under number 0402.720.145, RPR/RPM Brussels (French speaking division) (the "Belgian Borrower" and together with the U.S. Borrower, the "Borrowers"), the other Loan Parties, the Lenders party hereto and WELLS FARGO BANK, N.A., as administrative agent for the Lenders (in such capacity, the "Administrative Agent"), to the Credit Agreement dated as of March 7, 2016 (as amended, supplemented or otherwise modified prior to the date hereof, including pursuant to the Incremental Fa

Hornbeck Offshore Services – Incremental Amendment No. 1 (March 6th, 2019)
Amendment to Amended and Restated Stockholders' Agreement (March 6th, 2019)

This AMENDMENT TO AMENDED AND RESTATED STOCKHOLDERS' AGREEMENT, dated as of February 14, 2019 (this "Amendment"), by and among the Depository, NACCO Industries, Inc., a Delaware corporation (the "Corporation"), the new Participating Stockholder identified on the signature pages hereto (the "New Participating Stockholder") and the Participating Stockholders under the Amended and Restated Stockholders' Agreement, dated as of September 29, 2017, as amended (the "Stockholders' Agreement"), by and among the Depository, the Corporation and the Participating Stockholders. Capitalized terms defined in the Stockholders' Agreement are used herein as so defined.

Harmony Merger Corp. – Amendment No. 1 (March 6th, 2019)

This AMENDMENT NO. 1 TO REGISTRATION RIGHTS AGREEMENT (this "Amendment") is made effective as of December 7, 2018 (the "Effective Date"), by and among NextDecade Corporation, a Delaware corporation (the "Company"), and certain entities listed on Schedule I (the "Holders") attached hereto. Capitalized terms used but not otherwise defined in this Amendment shall have the meaning ascribed to such term in the Original Agreement (as defined below).

Harmony Merger Corp. – Amendment No. 1 (March 6th, 2019)

WHEREAS, the Company and the Holders entered into that certain Registration Rights Agreement, dated as of August 9, 2018 (the "Original Agreement"); and

Harmony Merger Corp. – Amendment No. 1 (March 6th, 2019)

WHEREAS, the Company and the Holders entered into that certain Registration Rights Agreement, dated as of August 9, 2018 (the "Original Agreement"); and