Amendment And Agreement Sample Contracts

Central Puerto S.A. – Achiras Wind Farm Omnibus Amendment and Agreement (April 27th, 2018)

Capitalized terms used in this omnibus amendment and agreement (this "Omnibus Amendment") and not otherwise defined herein shall have the meaning given to such terms in the (i) Common Terms Agreement or (ii) the IDB Group Loan Agreement, as applicable.

Bonanza Creek Energy Inc. – Amendment No. 11 and Agreement (May 15th, 2015)

This Amendment No. 11 AND AGREEMENT (this "Amendment") dated as of May 13, 2015 (the "Effective Date") is among Bonanza Creek Energy, Inc., a Delaware corporation (the "Borrower"), the Guarantors (as defined in the Credit Agreement referred to below), the Lenders (as defined below) party hereto (collectively, the "Executing Lenders," and each individually an "Executing Lender"), and KeyBank National Association, as Administrative Agent and as Issuing Lender (as such terms are defined below).

Bonanza Creek Energy Inc. – Amendment No. 10 and Agreement (October 3rd, 2014)

This AMENDMENT NO. 10 AND AGREEMENT (this Amendment) dated as of September 30, 2014 (the Effective Date) is among Bonanza Creek Energy, Inc., a Delaware corporation (the Borrower), the Guarantors (as defined in the Credit Agreement referred to below), the Lenders (as defined below), and KeyBank National Association, as Administrative Agent and as Issuing Lender (as such terms are defined below).

Bonanza Creek Energy Inc. – Amendment No. 9 and Agreement (May 20th, 2014)

This AMENDMENT NO. 9 AND AGREEMENT (this Amendment) dated as of May 14, 2014 (the Effective Date) is among Bonanza Creek Energy, Inc., a Delaware corporation (the Borrower), the Guarantors (as defined in the Credit Agreement referred to below), the Lenders (as defined below), and KeyBank National Association, as Administrative Agent and as Issuing Lender (as such terms are defined below).

Synchrony Credit Card Master Note Trust – First Amendment to Trust Agreement of Ge Capital Credit Card Master Note Trust (January 21st, 2014)

This FIRST AMENDMENT TO TRUST AGREEMENT OF GE CAPITAL CREDIT CARD MASTER NOTE TRUST (this "Amendment") is entered into as of January [21], 2014 among RFS HOLDING, L.L.C. ("RFS Holding") and BNY Mellon Trust of Delaware, acting solely in it capacity as trustee (the "Trustee").

Second Amendment and Agreement (March 18th, 2013)

THIS SECOND AMENDMENT AND AGREEMENT (Second Amendment) is made as of December 21, 2012 (Second Amendment Effective Date) by and between Coronado Biosciences Inc., a corporation organized and existing under the laws of the State of Delaware and having its principal office at 24 New England Executive Park, Burlington, MA 01803, United States (Coronado) and Ovamed GmbH, a company with limited liability organized and existing under the laws of Germany and having its principal office at Kiebitzhorn 31, 22885 Barsbuttel, Germany (Ovamed). Coronado and Ovamed are sometimes referred to herein individually as a Party and collectively as the Parties.

Amendment and Agreement (December 5th, 2012)

This Amendment and Agreement, entered into as of November 30, 2012 (the Effective Date), amends certain agreements by and between C. Scott Hisey (referred to as Hisey) and UniTek Global Services, Inc. (referred to as UniTek), and also contains certain other agreements and covenants between Hisey and UniTek.

Ardmore Holding Corporation – Amendment and Agreement (January 5th, 2012)

This AMENDMENT AND AGREEMENT (this "Agreement") is entered into and is effective for all purposes as of December 31, 2011, by and between Yayi International Inc., a Delaware corporation (the "Company"), and Euro Pacific Capital, Inc. (the "Investor Representative").

Amendment and Agreement (September 9th, 2011)

THIS AMENDMENT AND AGREEMENT (Amendment) is made as of January 7, 2011 (Amendment Effective Date) by and among Asphelia Pharmaceuticals, Inc., a corporation organized and existing under the laws of the State of Delaware and having its principal office at 787 Seventh Avenue, 48th floor, New York, NY 10019, United States (Asphelia), Coronado Biosciences Inc., a corporation organized and existing under the laws of the State of Delaware and having its principal office at 45 Rockefeller Plaza, Suite 2000, New York, NY 10111, United States (Coronado), and OvaMed GmbH, a company with limited liability organized and existing under the laws of Germany and having its principal office at Kiebitzhorn 33-35, 22885 Barsbuttel, Germany (OvaMed). Asphelia, Coronado and OvaMed are sometimes collectively referred to herein as the Parties.

Amendment and Agreement (July 15th, 2011)

THIS AMENDMENT AND AGREEMENT (Amendment) is made as of January 7, 2011 (Amendment Effective Date) by and among Asphelia Pharmaceuticals, Inc., a corporation organized and existing under the laws of the State of Delaware and having its principal office at 787 Seventh Avenue, 48th floor, New York, NY 10019, United States (Asphelia), Coronado Biosciences Inc., a corporation organized and existing under the laws of the State of Delaware and having its principal office at 45 Rockefeller Plaza, Suite 2000, New York, NY 10111, United States (Coronado), and OvaMed GmbH, a company with limited liability organized and existing under the laws of Germany and having its principal office at Kiebitzhorn 33-35, 22885 Barsbuttel, Germany (OvaMed). Asphelia, Coronado and OvaMed are sometimes collectively referred to herein as the Parties.

Vertical Health Solutions Inc – Onpoint Medical Diagnostics, Inc. Final Amendment to Selling Agency Agreement for of Convertible Promissory Notes (July 5th, 2011)

This Final Amendment is made as of the 28th day of June, 2011 by and among ONPOINT MEDICAL DIAGNOSTICS, INC., a Minnesota corporation (OnPoint), VERTICAL HEALTH SOLUTIONS, INC., a Florida corporation (VHS), and EMERGENT FINANCIAL GROUP, INC. (the Selling Agent, together with OnPoint and VHS, the Parties or individually a Party) with respect to a Selling Agency Agreement between OnPoint and the Selling Agent dated as of September 10, 2010 (the Original Agreement), a copy of which is attached hereto as Exhibit A.

Omnibus Amendment and Agreement to the Subordination Documents Identified Herein (May 13th, 2011)

This Omnibus Amendment and Agreement (this "Agreement") is made effective as of February 16,2011, by and among Amegy Bank, N.A. ("Senior Lender"), Off-Shore Finance, LLC, a Nevada limited liability company ("Subordinate Lender"), Infinity Energy Resources, Inc., a Delaware corporation ("Borrower"), Infinity Oil and Gas of Texas, Inc., a Delaware corporation ("Infinity Texas"), and Infinity Oil & Gas of Wyoming, Inc., a Wyoming corporation ("Infinity Wyoming" and, together with Borrower and Infinity Texas, the "Loan Parties"). Capitalized terms used but not defined herein shall have the meanings ascribed to such terms in the Loan Agreement referenced below.

Incoming Inc – As of the Modification Date, Any Fixed, Floating, or Average Maximum Rate and Fixed Minimum Rate in Effect by Virtue of the Promissory Note(s) Are Hereby Deleted. If Checked Here X, the Interest Rate Will Not Exceed A(n) X Fixed " Average Maximum Rate of 99.000 % or a " Floating Maximum Rate of the Greater of % or the Banker's Prime Rate; And the Interest Rate Will Not Decrease Below a Fixed Minimum Rate of 5.250 %. If an Average Maximum Rate Is Specified, a Determination of Any Required Reimbursement of Interest by Bank Will Be Made: " When the Note Is Repaid in Full by Borrower " Annually Be (May 2nd, 2011)

and continuing on the same day of each calendar period thereafter, in 59 equal payments of $ 4,805.00, with one final payment of all remaining principal and accrued interest due on 04/25/2015.

Iridium Communications Inc – System Intellectual Property Rights Amendment and Agreement (March 7th, 2011)

This System Intellectual Property Rights Amendment and Agreement (AGREEMENT) is entered into by Motorola, Inc., a Delaware corporation with its principal offices located at 1303 East Algonquin Road, Schaumburg, Illinois 60196 (MOTOROLA), and Iridium Satellite LLC, a Delaware limited liability company with principal offices located at 1750 Tysons Boulevard, Suite 1400, McLean, Virginia 22102 (IRIDIUM).

Iridium Communications Inc – Supplemental Subscriber Equipment Technology Amendment and Agreement (March 7th, 2011)

This Supplemental Subscriber Equipment Technology Amendment and Agreement (AGREEMENT) is entered into by Motorola Inc., a Delaware corporation with its principal offices located at 1303 East Algonquin Road, Schaumburg, Illinois 60196 (MOTOROLA), and Iridium Satellite LLC, a Delaware limited liability company with principal offices located at 1750 Tysons Boulevard, Suite 1400, McLean, Virginia 22102 (IRIDIUM).

You On Demand Holdings Inc – Waiver, Amendment and Agreement to Convert (August 23rd, 2010)

THIS WAIVER, AMENDMENT AND AGREEMENT TO CONVERT (this "Waiver") is dated as of May 20, 2010, by and among CHINA BROADBAND, INC., a Nevada corporation, (the "Company") and the holders of Notes (as defined below) named on the signature page hereto (each a "Holder" and collectively, the "Holders").

You On Demand Holdings Inc – Waiver, Amendment and Agreement to Convert (August 23rd, 2010)

THIS WAIVER, AMENDMENT AND AGREEMENT TO CONVERT (this "Waiver") is dated as of May 20, 2010, by and among CHINA BROADBAND, INC., a Nevada corporation, (the "Company") and the holders of Notes and Class A Warrants (each as defined below) named on the signature page hereto (each a "Holder" and collectively, the "Holders").

Bohai Pharmaceuticals Group, Inc. – Amendment and Agreement (July 6th, 2010)

This AMENDMENT AND AGREEMENT (this "Agreement") is entered into effective for all purposes as of June 30, 2010 by and between Bohai Pharmaceuticals Group, Inc., a Nevada corporation (the "Company"), and Euro Pacific Capital, Inc. (the "Investor Representative").

Amendment and Agreement (June 29th, 2010)

This Amendment and Agreement (this Agreement/Amendment) is made as of June 11, 2010 by RealD Inc., a Delaware corporation and the successor to Real D, a California corporation (the Company), each of the undersigned stockholders of the Company (collectively, the Stockholders) who are parties to the Amended and Restated Investors Rights Agreement of the Company dated as of December 24, 2007 (the IRA), and each of Drew Skarupa, Bob Mayson, and Joseph Peixoto (collectively, the Additional Principals and, collectively with the Company and the Stockholders, the Parties). Capitalized terms used but not defined herein shall have the meanings ascribed to them in the IRA if defined therein.

Cano Petroleum, Inc. – Amendment No. 2 and Agreement (March 31st, 2010)

This AMENDMENT NO. 2 AND AGREEMENT (Amendment) entered into and made effective as of March 30, 2010 (Effective Date), is among Cano Petroleum, Inc., a Delaware corporation (Borrower), the Guarantors (as defined below), the Lenders (as defined below), and UnionBanCal Equities, Inc., as administrative agent for such Lenders (in such capacity, the Administrative Agent).

Cano Petroleum, Inc. – Amendment No. 2 and Agreement (March 31st, 2010)

This AMENDMENT NO. 2 AND AGREEMENT (Amendment) entered into and made effective as of March 30, 2010 (Effective Date), is among Cano Petroleum, Inc., a Delaware corporation (Borrower), the Guarantors (as defined below), the Lenders (as defined below), and Union Bank, N.A. (f/k/a Union Bank of California, N.A.), as administrative agent for such Lenders (in such capacity, the Administrative Agent) and as issuing lender (in such capacity, the Issuing Lender).

Cano Petroleum, Inc. – Amendment No. 1 and Agreement (January 6th, 2010)

This AMENDMENT NO. 1 AND AGREEMENT (Amendment) entered into and made effective as of December 30, 2009 (Effective Date), is among Cano Petroleum, Inc., a Delaware corporation (Borrower), the Guarantors (as defined below), the Lenders (as defined below), and Union Bank, N.A. (f/k/a Union Bank of California, N.A.), as administrative agent for such Lenders (in such capacity, the Administrative Agent) and as issuing lender (in such capacity, the Issuing Lender).

Cano Petroleum, Inc. – Amendment No. 1 and Agreement (January 6th, 2010)

This AMENDMENT NO. 1 AND AGREEMENT (Amendment) entered into and made effective as of December 30, 2009 (Effective Date), is among Cano Petroleum, Inc., a Delaware corporation (Borrower), the Guarantors (as defined below), the Lenders (as defined below), and UnionBanCal Equities, Inc., as administrative agent for such Lenders (in such capacity, the Administrative Agent).

Third Amendment and Agreement (August 20th, 2009)

This THIRD AMENDMENT AND AGREEMENT, dated as of August 18, 2009 (this "Third Amendment and Agreement"), is hereby entered into by and between American Apparel, Inc., a Delaware corporation (the "Company"), and Lion/Hollywood L.L.C., a Delaware limited liability company ("Lion").

Second Amendment and Agreement (June 19th, 2009)

This SECOND AMENDMENT AND AGREEMENT, dated as of June 17, 2009 (this "Second Amendment and Agreement"), is hereby entered into by and between American Apparel, Inc., a Delaware corporation (the "Company"), and Lion/Hollywood L.L.C., a Delaware limited liability company ("Lion").

Amendment and Agreement (April 16th, 2009)

This AMENDMENT AND AGREEMENT, dated as of April 10, 2009 (this "Amendment and Agreement"), is hereby entered into by and between American Apparel, Inc., a Delaware corporation (the "Company"), and Lion/Hollywood L.L.C., a Delaware limited liability company ("Lion").

Anthracite Capital, Inc. – Third Omnibus Amendment and Agreement (February 3rd, 2009)

THIRD OMNIBUS AMENDMENT AND AGREEMENT, dated as of January 28, 2009 (this "Agreement"), in respect of (a) that certain Master Repurchase Agreement, dated as of July 20, 2007 (together with Annex I thereto ("Annex I"), as both are amended, restated, supplemented or otherwise modified and in effect prior to the date hereof, the "Existing Repurchase Agreement", and as both are amended hereby and as further amended, restated, supplemented or otherwise modified and in effect from time to time, the "Repurchase Agreement"), by and among ANTHRACITE CAPITAL BOFA FUNDING LLC, as seller (the "Seller"), BANK OF AMERICA, N.A. ("BANA") as a buyer, BANC OF AMERICA MORTGAGE CAPITAL CORPORATION ("BAMCC"; BANA and BAMCC, individually and/or collectively, as the context may require, each a "Buyer" and collectively, the "Buyers") as a buyer, and BANA as agent for the Buyers (in such capacity, the "Buyer Agent"); (b) that certain Credit Agreement, dated as of March 17, 2006 (as amended, restated, supplemen

Omnibus Amendment and Agreement (January 13th, 2009)

THIS OMNIBUS AMENDMENT No. 2, dated as of October 1, 2007 (this Amendment No. 2), is entered into by and among Cofina Funding, LLC (the Issuer), Cofina Financial, LLC (the Servicer , Bank Hapoalim B.M. (the Funding Agent) and U.S. Bank National Association, as Trustee (in such capacity, the Trustee) and as Custodian (in such capacity, the Custodian), in each of the capacities in which they appear in the Agreements (defined below). Capitalized terms used but not defined herein have the meanings provided in the Indenture (defined below).

Omnibus Amendment and Agreement (January 13th, 2009)

THIS OMNIBUS AMENDMENT. dated as of May 11, 2007 (this Amendment), is entered into by and among Cofina Funding, LLC (the Issuer), Cofina Financial. LLC (the Servicer). Bank Hapoalim B.M. (the Funding Agent) and U.S. Bank National Association. as Trustee (in such capacity, the Trustee) and as Custodian (in such capacity, the Custodian), in each of the capacities in which they appear in the Agreements (defined below). Capitalized terms used but not defined herein have the meanings provided in the Indenture (defined below).

Omnibus Amendment and Agreement (January 13th, 2009)

THIS OMNIBUS AMENDMENT, dated as of August 30, 2005 (this Amendment), is entered into by and among Cofina Funding, LLC (the Issuer), Cofina Financial, LLC (the Servicer), Cenex Finance Association, Inc. (the Guarantor), Bank Hapoalim B.M. (the Funding Agent) and U.S. Bank National Association, as Trustee (in such capacity, the Trustee) and as Custodian (in such capacity, the Custodian), in each of the capacities in which they appear in the Agreements (defined below). Capitalized terms used but not defined herein have the meanings provided in the Indenture (defined below).

Omnibus Amendment and Agreement (January 13th, 2009)

THIS OMNIBUS AMENDMENT No. 3, dated as of May 16, 2008 (this Amendment No. 3), is entered into by and among Cofina Funding, LLC (the Issuer), Cofina Financial, LLC (the Servicer Bank Hapoalim B.M. (the Funding Agent), Venus Funding Corporation (the Conduit Purchaser) and U.S. Bank National Association, as Trustee (in such capacity, the Trustee and as Custodian (in such capacity, the Custodian), in each of the capacities in which they appear in the Agreements (defined below). Capitalized terms used but not defined herein have the meanings provided in the Indenture (defined below).

Anthracite Capital, Inc. – Amendment and Agreement (August 11th, 2008)

AMENDMENT AND AGREEMENT, dated as of August 7, 2008 (this "Amendment"), in respect of the Master Repurchase Agreement, dated as of July 20, 2007 (together with Annex I thereto, as both are amended, restated, supplemented or otherwise modified prior to the date hereof, the "Existing Repurchase Agreement"; as amended hereby and as further amended, restated, supplemented or otherwise modified and in effect from time to time, the "Repurchase Agreement"), by and among ANTHRACITE CAPITAL BOFA FUNDING LLC, as seller (the "Seller"), BANK OF AMERICA, N.A. ("BANA"), BANC OF AMERICA MORTGAGE CAPITAL CORPORATION ("BAMCC"; BANA AND BAMCC, individually and/or collectively, as the context may require, each a "Buyer" and collectively, the "Buyers"), and BANK OF AMERICA N.A. as agent for the Buyers (in such capacity, the "Buyer Agent"). Capitalized terms used b

Second Omnibus Amendment and Agreement (July 1st, 2008)

The Borrower and the Lender have agreed, subject to the terms and conditions hereof, that the Existing Loan Agreement shall be modified as set forth in this Amendment.

Fountain Powerboat Industries, Inc. – Third Omnibus Amendment and Agreement (June 3rd, 2008)

This Omnibus Amendment and Agreement (this Amendment) is made and entered into as of this 28th day of May, 2008, by and among Brunswick Corporation, a Delaware corporation (Brunswick), Fountain Powerboat Industries, Inc., a Nevada corporation (FPII), Fountain Powerboats, Inc., a North Carolina corporation (the Company), and Reginald M. Fountain, Jr. (RMF).

Galaxy Energy Corporation – April 2007 Waiver, Amendment and Agreement as to 2005 Subordinated Notes (December 3rd, 2007)

THIS APRIL 2007 WAIVER, AMENDMENT AND AGREEMENT AS TO 2005 SUBORDINATED NOTES (this "Agreement") is made as of April 27, 2007, among Galaxy Energy Corporation, a Colorado corporation ("Galaxy" or the "Company"), Bank Sal. Oppenheim jr. & Cie., Clarion Finanz AG, Capriccio Investments Inc., Desmodio Management Inc., Centrum Bank AG, Finter Bank Zurich, Julius Baer Fund Trading, Vanguard Capital Limited, Rahn & Bodmer and Bost & Co. (collectively, the "Buyers").