Amendment and Agreement Sample Contracts

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AMENDMENT TO INTERMEDIARY AGREEMENTS AND NEW INTERMEDIARY AGREEMENTS
Amendment and Agreement • February 23rd, 2015 • Principal Life Insurance Co Separate Account B

THIS AMENDMENT AND AGREEMENT made this 22nd day of October, 2010, and effective as of the Effective Date (as defined below), by and among Allianz Global Investors Fund Management LLC ("AGIFM"), Pacific Investment Management Company LLC ("PIMCO") and Principal Life Insurance Company ("Intermediary").

AMENDMENT TO INTERMEDIARY AGREEMENTS AND NEW INTERMEDIARY AGREEMENTS
Amendment and Agreement • February 23rd, 2015 • Principal Life Insurance Co Separate Account B

THIS AMENDMENT AND AGREEMENT made this 22nd day of October, 2010, and effective as of the Effective Date (as defined below), by and among Allianz Global Investors Distributors LLC ("AGID"), PIMCO Investments LLC ("PI") and Principal Life Insurance Company ("Intermediary").

AMENDMENT AND AGREEMENT
Amendment and Agreement • October 13th, 2016

THIS AMENDMENT AND AGREEMENT (this “Agreement”) is made as of October 18, 2016 (the “Effective Date”), by and among SunE Sunset Holdings2, LLC, a Delaware limited liability company (“Provider”), City of Walnut Creek, a California municipal corporation (“PPA Counterparty”), and Onyx Renewable Partners L.P., a Delaware limited partnership (“Onyx”). Provider, PPA Counterparty and Onyx are sometimes collectively referred to in this Agreement as the “Parties”. Throughout this Agreement, the term “Onyx” shall also include any wholly- owned subsidiary or other affiliated entity controlled by Onyx.

AMENDMENT AND AGREEMENT
Amendment and Agreement • September 9th, 2011 • Coronado Biosciences Inc • Pharmaceutical preparations • Hamburg

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 Kiebitzhörn 33-35, 22885 Barsbuttel, Germany (“OvaMed”). Asphelia, Coronado and OvaMed are sometimes collectively referred to herein as the “Parties”.

AMENDMENT AND AGREEMENT
Amendment and Agreement • July 6th, 2010 • Bohai Pharmaceuticals Group, Inc. • Pharmaceutical preparations • New York

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
Amendment and Agreement • December 5th, 2012 • UniTek Global Services, Inc. • Radiotelephone communications

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.

AMENDMENT AND AGREEMENT RELATING TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN DANE COUNTY AND OTHER MUNICIPALITIES WITHIN DANE COUNTY CREATING A COUNTY- WIDE INTEROPERABLE VHF-BASED EMERGENCY RADIO SYSTEM
Amendment and Agreement • February 16th, 2012

The parties wish to amend and enter into the Intergovernmental Agreement Between Dane County And Other Municipalities Within Dane County Creating A County-Wide Interoperable VHF-Based Emergency Radio System Known As DaneCom (the “Agreement”), a copy of which is attached as Exhibit A.

AMENDMENT AND AGREEMENT
Amendment and Agreement • June 29th, 2010 • RealD Inc. • Radio & tv broadcasting & communications equipment

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.

AMENDMENT AND AGREEMENT
Amendment and Agreement • December 7th, 2006 • Indevus Pharmaceuticals Inc • Pharmaceutical preparations • Delaware

THIS AMENDMENT AND AGREEMENT (“Amendment”) is made as of November 3, 2006 (“Amendment Effective Date”) by and between Indevus Pharmaceuticals, Inc., a corporation organized and existing under the laws of the State of Delaware and having its principal office at 33 Hayden Avenue, Lexington, MA 02421, United States (“Indevus”), and Madaus GmbH, a successor to Madaus AG, a company with limited liability organized and existing under the laws of Germany and having its principal office at Colonia-Allee 15, 51067 Cologne, Germany (“Madaus”). Indevus and Madaus are collectively referred to herein as the “Parties”.

AMENDMENT AND AGREEMENT
Amendment and Agreement • March 25th, 2003 • Cepheid • Laboratory analytical instruments

This Amendment and Agreement (this "Amendment"), dated as December 20 2002, by and between Cepheid ("SUPPLIER") and Fisher Scientific Company L.L.C. ("FISHER") amends the January 10, 2000 letter agreement and the August 30, 2001 modification and restatement of such letter agreement (together, the "Distribution Agreement").

Contract
Amendment and Agreement • April 27th, 2016 • Terex Corp • Industrial trucks, tractors, trailors & stackers • New York

AMENDMENT AND AGREEMENT dated as of August 10, 2015 (this “Amendment”), relating to the LOAN AND SECURITY AGREEMENT dated as of May 28, 2015 (as amended, supplemented or otherwise modified prior to the date hereof, the “Loan Agreement”), among TFS FUNDING I, LLC, a Delaware limited liability company, as borrower (the “Borrower”), TEREX FINANCIAL SERVICES, INC. (“TFS”), a Delaware corporation, as servicer (in such capacity, the “Servicer”), INSTITUTIONAL SECURED FUNDING (JERSEY) LIMITED, as the Conduit Lender, CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as the Committed Lender, and CREDIT SUISSE AG, NEW YORK BRANCH, as the Administrative Agent (in such capacity, the “Administrative Agent”).

AMENDMENT AND AGREEMENT
Amendment and Agreement • April 16th, 2009 • American Apparel, Inc • Blank checks • New York

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”).

AGREEMENT AND AMENDMENT NUMBER 1 TO WAREHOUSING AGREEMENT
Amendment and Agreement • October 29th, 2007 • MCG Capital Corp • New York

This AMENDMENT and AGREEMENT, dated as of October 23, 2007 (this "Amendment and Agreement"), to the Credit and Warehouse Agreement, dated as of May 2, 2006 (as amended, supplemented or otherwise modified, the "Existing Warehousing Agreement"; as amended hereby and as further amended, supplemented or otherwise modified from time to time, the "Warehousing Agreement"), by and among MCG COMMERCIAL LOAN TRUST 2006-2, (the "Issuer"), MCG CAPITAL CORPORATION, (the "Collateral Manager"), and MERRILL LYNCH CAPITAL CORP., ("Merrill Lynch"). Capitalized terms used but not otherwise defined herein shall have the meanings given to them in the Existing Warehousing Agreement.

FIRST AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AGREEMENT AND AGREEMENT
Amendment and Agreement • July 20th, 2011 • Digital Domain Media Group, Inc. • Services-motion picture & video tape production • Delaware

This FIRST AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AGREEMENT AND AGEEMENT (this “Amendment and Agreement”) is dated as of June 30, 2011, but effective as of the Effective Date (hereinafter defined), among DIGITAL DOMAIN MEDIA GROUP, INC. (F/K/A DIGITAL DOMAIN HOLDINGS CORPORATION), a Florida corporation (the “Company”), COMVEST CAPITAL II, LP, a Delaware limited partnership (“Comvest”), PBC DIGITAL HOLDINGS, LLC, a Delaware limited liability company (“PBC Digital”), and PBC MGPEF DDH, LLC, a Delaware limited liability company (“PBC Macquarie”; PBC Macquarie, Comvest, and PBC Digital are collectively referred to herein as the “Lenders”), and COMVEST CAPITAL II, LP, a Delaware limited partnership, as Administrative Agent (hereinafter defined).

AMENDMENT TO SPONSOR LETTER AND FOUNDER HOLDERS’ REPRESENTATIVE APPOINTMENT
Amendment and Agreement • July 28th, 2020 • dMY Technology Group, Inc. • Blank checks

This Amendment to that certain letter agreement, dated February 20, 2020, by and among dMY Sponsor, LLC, a Delaware limited liability company (the “Sponsor”), dMY Technology, Inc., a Delaware corporation (the “Company”), and each of the undersigned individuals, each of whom is a member of the Company’s board of directors and/or management team (each, an “Insider” and collectively, the “Insiders,” and together with the Sponsor and the Company, the “Parties”) (the “Original Sponsor Letter”) and Founder Holders’ Representative Appointment (this “Amendment and Agreement”), dated as of July 27, 2020, is entered into by and among the Sponsor, the Company, the Insiders, the Sellers’ Representative and the Target. Capitalized terms used and not otherwise defined herein have the meanings set forth in the Original Sponsor Letter.

AMENDMENT AND AGREEMENT
Amendment and Agreement • August 11th, 2008 • Anthracite Capital Inc • Real estate investment trusts • New York

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 but not otherwise defined herein shall have the meanings given to them in the Repurchase Agreement.

WITNESSETH:
Amendment and Agreement • March 30th, 2000 • Dynagen Inc • In vitro & in vivo diagnostic substances
AMENDMENT AND AGREEMENT
Amendment and Agreement • March 14th, 2005 • Nektar Therapeutics • Pharmaceutical preparations • New York

This Amendment and Agreement is made and entered into as of October 9, 1998 by and between INHALE THERAPEUTIC SYSTEMS, INC., a Delaware corporation (“INHALE”), and PFIZER INC., a Delaware corporation (“PFIZER”).

AMENDMENT AND AGREEMENT
Amendment and Agreement • May 17th, 2006 • House of Brussels Chocolates Inc • Sugar & confectionery products • New York

This Amendment and Agreement (this “Amendment”), dated as of May 16, 2006, is entered into by and among HOUSE OF BRUSSELS CHOCOLATES, INC., a Nevada corporation (the "Company"), certain subsidiaries of the Company signatories below (collectively, the “Subsidiaries”) and LAURUS MASTER FUND, LTD., a Cayman Islands company ("Laurus"), for the purpose of amending the terms of that certain Secured Convertible Minimum Borrowing Note, dated March 29, 2005, issued by the Company and certain subsidiaries of the Company to Laurus (as amended, modified or supplemented from time to time, the “Minimum Borrowing Note”), and setting forth other agreements among the Company, its Subsidiaries and Laurus. Capitalized terms used herein without definition shall have the meanings ascribed to such terms in the Minimum Borrowing Note.

AMENDMENT AND AGREEMENT
Amendment and Agreement • September 15th, 2003 • Cepheid • Laboratory analytical instruments

This Amendment and Agreement (this “Amendment”), dated as December 20 2002, by and between Cepheid (“SUPPLIER”) and Fisher Scientific Company L.L.C. (“FISHER”) amends the January 10, 2000 letter agreement and the August 30, 2001 modification and restatement of such letter agreement (together, the “Distribution Agreement”).

AMENDMENT AND AGREEMENT
Amendment and Agreement • January 5th, 2012 • Yayi International Inc • Dairy products • New York

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”).

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AGREEMENT AND AMENDMENT NUMBER 2 TO WAREHOUSING AGREEMENT
Amendment and Agreement • February 13th, 2008 • MCG Capital Corp • New York

This AMENDMENT and AGREEMENT, dated as of February 12, 2008 (this "Amendment and Agreement"), to the Credit and Warehouse Agreement, dated as of May 2, 2006, by and among MCG COMMERCIAL LOAN TRUST 2006-2, (the "Issuer"), MCG CAPITAL CORPORATION, (the "Collateral Manager"), and MERRILL LYNCH CAPITAL CORP., ("Merrill Lynch"), as such agreement is amended by that certain Agreement and Amendment Number 1, by and among the Issuer, the Collateral Manager and Merrill Lynch, dated as of October 23, 2007 (as amended, supplemented or otherwise modified, the "Existing Warehousing Agreement"; as amended hereby and as further amended, supplemented or otherwise modified from time to time, the "Warehousing Agreement"). Capitalized terms used but not otherwise defined herein shall have the meanings given to them in the Existing Warehousing Agreement.

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