Amendment To Credit Agreement Sample Contracts

Eighth Amendment to Credit Agreement and Amendment to Collateral Agreement (May 24th, 2018)

EIGHTH AMENDMENT TO CREDIT AGREEMENT AND AMENDMENT TO COLLATERAL AGREEMENT, dated as of May 23, 2018 (this Amendment), to the Credit Agreement, dated as of May 24, 2012 (as amended, amended and restated, modified or supplemented from time to time prior to the date hereof, the Credit Agreement), among EPE Acquisition, LLC, a Delaware limited liability company (successor-by-merger to EPE Holdings, LLC) (Holdings), EP Energy LLC (f/k/a Everest Acquisition LLC), a Delaware limited liability company and a wholly-owned subsidiary of Holdings (the Borrower), the banks, financial institutions and other lending institutions from time to time parties as lenders thereto (each a Lender and collectively, the Lenders), JPMorgan Chase Bank, N.A., as administrative agent for the Lenders (in such capacity, the Administrative Agent) and as collateral agent for the Lenders, the swingline lender and an issuer of Letters of Credit, and each other Issuing Bank from time to time party thereto.

Earthstone Energy, Inc. – Third Amendment to Credit Agreement (May 23rd, 2018)

This THIRD AMENDMENT TO CREDIT AGREEMENT (this "Amendment") entered into on May [ ], 2018, is among EARTHSTONE ENERGY HOLDINGS, LLC, a Delaware limited liability company ("Borrower"), EARTHSTONE OPERATING, LLC, a Texas limited liability company ("EO"), EF NON-OP, LLC, a Texas limited liability company ("EF"), SABINE RIVER ENERGY, LLC, a Texas limited liability company ("Sabine"), EARTHSTONE LEGACY PROPERTIES, LLC, a Texas limited liability company ("ELP"), LYNDEN USA OPERATING, LLC, a Texas limited liability company ("LUO"), BOLD ENERGY III LLC, a Texas limited liability company ("BE") and BOLD OPERATING, LLC, a Texas limited liability company ("BO"), as guarantors (EO, EF, Sabine, ELP, LUO, BE and BO, each a "Guarantor" and collectively, the "Guarantors"); each Lender (defined below) who is a signatory hereto and BOKF, NA dba BANK OF TEXAS, a national banking association, as administrative agent ("Agent") for the Lenders. The party or parties are sometimes individually referred to

Westmoreland Coal Company – Fourth Amendment to Credit Agreement (May 23rd, 2018)

TERMS OF BRIDGE LOANS, dated as of May 21, 2018. All capitalized terms used herein and defined in Section 1.01 are used herein as therein defined.

Viad – Second Amendment to Credit Agreement and Reaffirmation of Guaranties (May 22nd, 2018)

SECOND AMENDMENT TO CREDIT AGREEMENT AND REAFFIRMATION OF GUARANTIES (this "Second Amendment") dated as of May 18, 2018, among Brewster Inc., an Alberta corporation (the "Borrower"), each Guarantor signatory hereto, and BMO Harris Bank N.A., a national banking association (the "Bank").

Third Amendment to Credit Agreement (May 22nd, 2018)

THIS THIRD AMENDMENT TO CREDIT AGREEMENT, dated as of the 16th day of May, 2018 (this "Third Amendment"), is entered into among WGL Holdings, Inc., a Virginia corporation (the "Borrower"), the lenders party hereto, and Wells Fargo Bank, National Association, as administrative agent for the Lenders (the "Administrative Agent").

Extended Stay America, Inc. – Third Amendment to Credit Agreement (May 22nd, 2018)

THIRD AMENDMENT, dated as of May 22, 2018 (this Amendment), to the Credit Agreement, dated as of August 30, 2016 (as amended by the First Amendment to Credit Agreement, dated as of March 1, 2017 (the First Amendment) and by the Second Amendment to Credit Agreement dated as of November 21, 2017 (the Second Amendment) and as further amended, supplemented or otherwise modified from time to time, the Credit Agreement), among ESH Hospitality, Inc. (the Borrower), the other Guarantors party thereto from time to time, the lenders party thereto from time to time (the Lenders) and Deutsche Bank AG New York Branch, as administrative agent (in such capacity, the Administrative Agent), collateral agent and L/C Issuer.

Third Amendment to Credit Agreement (May 22nd, 2018)

THIS THIRD AMENDMENT TO CREDIT AGREEMENT, dated as of the 16th day of May, 2018 (this "Third Amendment"), is entered into among Washington Gas Light Company, a Virginia and District of Columbia corporation (the "Borrower"), the lenders party hereto, and Wells Fargo Bank, National Association, as administrative agent for the Lenders (the "Administrative Agent").

RSP Permian, Inc. – Second Amendment to Credit Agreement (May 21st, 2018)

THIS SECOND AMENDMENT TO CREDIT AGREEMENT (this Amendment) dated as of May 16, 2018, is among RSP Permian, L.L.C., a Delaware limited liability company (the Borrower), each of the undersigned Guarantors, each of the undersigned Lenders 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).

Square, Inc. – Second Amendment to Credit Agreement (May 21st, 2018)

SECOND AMENDMENT (this Amendment), dated as of May 21, 2018, to the Revolving Credit Agreement dated as of November 2, 2015 (as amended by the First Amendment, dated as of February 27, 2017, and as further amended, supplemented, amended and restated or otherwise modified from time to time, the Credit Agreement), among Square, Inc. (the Borrower), the several banks and other financial institutions or entities from time to time party thereto (the Lenders), and JPMorgan Chase Bank, N.A., as Administrative Agent (in such capacity, the Administrative Agent).

Second Amendment to Credit Agreement (May 21st, 2018)

This SECOND AMENDMENT TO CREDIT AGREEMENT (this "Amendment"), made and entered into as of May 17, 2018, is by and between PARK NATIONAL CORPORATION,

Charah Solutions, Inc. – First Amendment to Credit Agreement (May 18th, 2018)

This FIRST AMENDMENT TO CREDIT AGREEMENT, dated as of April 27, 2018 (this Amendment), is entered into by and among CHARAH, LLC, a Kentucky limited liability company (Charah), ALLIED POWER MANAGEMENT, LLC, a Delaware limited liability company (Allied and together with Charah, each a Borrower, and collectively, the Borrowers), CHARAH SOLE MEMBER LLC, a Delaware limited liability company (Charah Parent), ALLIED POWER SOLE MEMBER, LLC, a Delaware limited liability company (Allied Parent and together with Charah Parent, each a Parent, and collectively, Parents), each of the other GUARANTORS party hereto, each of the LENDERS party hereto and CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as Administrative Agent and as Collateral Agent. Capitalized terms used herein and not otherwise defined herein shall have the meanings assigned to them in the Credit Agreement referred to below.

Charah Solutions, Inc. – Second Amendment to Credit Agreement (May 18th, 2018)

This SECOND AMENDMENT TO CREDIT AGREEMENT, dated as of April 27, 2018 (this Amendment), is entered into by and among CHARAH, LLC, a Kentucky limited liability company (Charah); ALLIED POWER MANAGEMENT, LLC, a Delaware limited liability company (Allied); ALLIED POWER SERVICES, LLC, a Delaware limited liability company (Allied Services; Charah, Allied, and Allied Services, each a Borrower, and collectively, the Borrowers); CHARAH SOLE MEMBER LLC, a Delaware limited liability company (Charah Parent); ALLIED POWER SOLE MEMBER, LLC, a Delaware limited liability company (Allied Parent and together with Charah Parent, each a Parent, and collectively, Parents); each of the entities party hereto as a Guarantor (the Guarantors; each Parent, each Borrower, and each Guarantor, collectively, the Credit Parties and, each, a Credit Party); REGIONS BANK, an Alabama bank (Regions), as administrative agent and collateral agent for the Lenders (as defined below) (in such capacities, the Agent); and each

Charah Solutions, Inc. – First Amendment to Credit Agreement (May 18th, 2018)
Global Cash Access Holdings – Second Amendment to Credit Agreement (May 17th, 2018)

SECOND AMENDMENT TO CREDIT AGREEMENT (this "Second Amendment"), dated as of May 17, 2018, among EVERI PAYMENTS INC., a Delaware corporation (the "Borrower"), EVERI HOLDINGS INC., a Delaware corporation (the "Parent"), EVERI GAMES HOLDING INC., EVERI GAMES INC., EVERI INTERACTIVE LLC, CENTRAL CREDIT, LLC AND GCA MTL, LLC, as guarantors (together with the Borrower and the Parent, the "Loan Parties"), the Lenders (as defined in the Credit Agreement referred to below) party hereto and Jefferies Finance LLC, as administrative agent (in such capacity, together with its successors and assigns in such capacity, the "Administrative Agent"). All capitalized terms used herein and not otherwise defined herein shall have the respective meanings provided such terms in the Credit Agreement referred to below (as amended by this Second Amendment).

FS Investment Corp II – Fifth Amendment to Credit Agreement (May 17th, 2018)

THIS FIFTH AMENDMENT TO CREDIT AGREEMENT, dated as of May 14, 2018 (together with all exhibits and schedules hereto, this "Fifth Amendment"), is entered into by and between DUNNING CREEK LLC, a Delaware limited liability company (the "Borrower"), and DEUTSCHE BANK AG, NEW YORK BRANCH ("DBNY") as Administrative Agent (in such capacity, the "Administrative Agent") and as a lender (DBNY and each other Lender party to the Credit Agreement from time to time, the "Lenders" and each a "Lender"). Capitalized terms used herein and not otherwise defined herein have the meanings assigned to such terms in the Credit Agreement described below.

Vringo – Second Amendment to Credit Agreement (May 15th, 2018)

This Second Amendment to Credit Agreement (the "Second Amendment") is made as of the 10th day of May, 2017 ("Effective Date") by and between XpresSpa Holdings, LLC, a Delaware limited liability company (the "Borrower") and B3D, LLC (the "Lender").

Vringo – First Amendment to Credit Agreement and Waiver (May 15th, 2018)

THIS FIRST AMENDMENT TO CREDIT AGREEMENT AND CONDITIONAL WAIVER (this "Amendment") is made as of the 8th day of August, 2016, by and between XPRESSPA HOLDINGS, LLC, a Delaware limited liability company (the "Borrower") and ROCKMORE INVESTMENT MASTER FUND LTD. (the "Lender").

Continental Materials Corporation – Ninth Amendment to Credit Agreement (May 15th, 2018)

THIS NINTH AMENDMENT TO CREDIT AGREEMENT (this "Amendment"), dated as of May 15, 2018, is entered into by and among CONTINENTAL MATERIALS CORPORATION, a Delaware corporation (the "Company"), the financial institutions that are or may from time to time become parties to the Credit Agreement referenced below (together with their respective successors and assigns, the "Lenders" and each, a "Lender"), and CIBC BANK USA, an Illinois state chartered bank formerly known as The PrivateBank and Trust Company as Administrative Agent for each Lender (the "Administrative Agent"). Capitalized terms used herein and not otherwise defined shall have the meanings given to such terms in the Credit Agreement referenced below.

Vringo – Third Amendment to Credit Agreement (May 15th, 2018)

This Third Amendment to Credit Agreement (the "Third Amendment") is made as of the 11th day of May, 2018 ("Effective Date") by and between XpresSpa Holdings, LLC, a Delaware limited liability company (the "Borrower") and B3D, LLC (the "Lender").

1347 Capital Corp – Fourth Amendment to Credit Agreement and Limited Waiver (May 15th, 2018)

This Fourth Amendment to Credit Agreement and Limited Waiver (herein, this "Amendment") is entered into as of May 15, 2018 (the "Fourth Amendment Effective Date"), by and among Limbach Facility Services LLC, a Delaware limited liability company (the "Borrower"), Limbach Holdings LLC, a Delaware limited liability company (the "Parent"), the other Guarantors party hereto, the Lenders party hereto, and Fifth Third Bank, an Ohio banking corporation, as Administrative Agent and L/C Issuer.

Fourth Amendment to Credit Agreement (May 14th, 2018)

THIS AMENDMENT TO CREDIT AGREEMENT (this "Amendment") is entered into as of March 20, 2018, by and between NATURAL ALTERNATIVES INTERNATIONAL, INC., a Delaware corporation ("Borrower"), and WELLS FARGO BANK, NATIONAL ASSOCIATION ("Bank").

Mastech Holdings Inc – First Amendment to Credit Agreement (May 11th, 2018)

This First Amendment to Credit Agreement is dated as of November , 2017, by and among Mastech Digital, Inc., a Pennsylvania corporation (MDI), in its capacity as Borrowing Agent under the Credit Agreement (as defined below), PNC Bank, National Association (PNC Bank) and the other Lenders party hereto, and PNC Bank, in its capacity as administrative agent for the Lenders (hereinafter referred to in such capacity as the Administrative Agent) (the First Amendment).

Yuma Delaware Merger Subsidiary, Inc. – Limited Waiver and Second Amendment to Credit Agreement and Borrowing Base Redetermination (May 11th, 2018)

THIS LIMITED WAIVER AND SECOND AMENDMENT TO CREDIT AGREEMENT AND BORROWING BASE REDETERMINATION (this "Amendment") dated as of May 8, 2018, but effective as of March 31, 2018, among YUMA ENERGY, INC., a Delaware corporation ("Yuma Energy"), YUMA EXPLORATION AND PRODUCTION COMPANY, INC., a Delaware corporation, PYRAMID OIL LLC, a California limited liability company, and DAVIS PETROLEUM CORP., a Delaware corporation ("Davis", and together with Yuma Energy, Yuma Exploration and Production Company, Inc., and Pyramid Oil LLC, the "Borrowers", and each a "Borrower"), the Guarantors existing on the date hereof, the undersigned Lenders party to the Credit Agreement (the "Lenders") and SOCIETE GENERALE, in its capacity as Administrative Agent (the "Administrative Agent").

GTJ REIT, Inc. – THIRD AMENDMENT TO Credit Agreement AND OTHER LOAN DOCUMENTS (May 11th, 2018)

THIS THIRD AMENDMENT TO CREDIT AGREEMENT AND OTHER LOAN DOCUMENTS (this "Amendment"), is made as of February 27, 2018, by and among GTJ REALTY, LP, a Delaware limited partnership ("Borrower"), GTJ REIT, INC., a Maryland corporation ("REIT"), GTJ GP, LLC, a Maryland limited liability company ("GP"), WU/LH 466 BRIDGEPORT L.L.C., a Delaware limited liability company ("Bridgeport"), GWL 20 EAST HALSEY, LLC, a Delaware limited liability company ("Halsey"; REIT, GP, Bridgeport and Halsey are hereinafter referred to individually and collectively as "Guarantor"), KEYBANK NATIONAL ASSOCIATION, a national banking association ("KeyBank"), the other lending institutions from time to time a party to the Credit Agreement described below (together with KeyBank, the "Lenders") and KEYBANK NATIONAL ASSOCIATION, a national banking association, as Agent for the Lenders (the "Agent").

Consent and Sixth Amendment to Credit Agreement (May 10th, 2018)

This CONSENT AND SIXTH AMENDMENT TO CREDIT AGREEMENT (this "Amendment") is entered into as of March 21, 2018, by and among WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as administrative agent and collateral agent for each member of the Lender Group and the Bank Product Providers (in such capacities, together with its successors and assigns in such capacities, "Agent") and as United States administrative agent for each member of the Lender Group and the Bank Product Providers (in such capacity, together with its successors and assigns in such capacity, "US Agent"), WELLS FARGO CAPITAL FINANCE CORPORATION CANADA, an Ontario corporation, as Canadian administrative agent for each member of the Lender Group and the Bank Product Providers (in such capacity, together with its successors and assigns in such capacity, "Canadian Agent"), the Lenders (as defined in the Credit Agreement as defined below) party hereto, UPLAND SOFTWARE, INC., a Delaware corporation ("Paren

Owens & Minor – Third Amendment to Credit Agreement (May 10th, 2018)

THIS THIRD AMENDMENT TO CREDIT AGREEMENT (this "Agreement") dated as of May 9, 2018 (the "Third Amendment Effective Date") is entered into among OWENS & MINOR DISTRIBUTION, INC., a Virginia corporation ("Distribution"), OWENS & MINOR MEDICAL, INC., a Virginia corporation ("Medical"), BARISTA ACQUISITION I, LLC, a Virginia limited liability company ("Barista I"), BARISTA ACQUISITION II, LLC, a Virginia limited liability company ("Barista II"), O&M HALYARD, INC., a Virginia corporation ("O&M Halyard"; O&M Halyard, together with Distribution, Medical, Barista I, and Barista II, collectively the "Borrowers"), OWENS & MINOR, INC., a Virginia corporation (the "Parent"), the Banks party hereto, WELLS FARGO BANK, N.A., as administrative agent for the Pro Rata Facilities (in such capacity, the "Administrative Agent"), and BANK OF AMERICA, N.A., as administrative agent for the Term B Facility (in such capacity, the "Term B Facility Agent") and as collateral agent for the Secured Parties (in such

Seventh Amendment to Credit Agreement, Incremental Amendment and Amendment to Collateral Agreement (May 10th, 2018)

This SEVENTH AMENDMENT TO CREDIT AGREEMENT, INCREMENTAL AMENDMENT AND AMENDMENT TO COLLATERAL AGREEMENT (this "Amendment") is dated as of March 12, 2018, and effective in accordance with Section 6 below, by and among REALPAGE, INC., a Delaware corporation (the "Borrower"), certain subsidiaries of the Borrower party hereto, each of the Lenders referred to below, and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as administrative agent for the Lenders party to the Credit Agreement ("Administrative Agent").

Hawaiian Telcom Hold – First Amendment to Credit Agreement (May 10th, 2018)

This FIRST AMENDMENT TO CREDIT AGREEMENT (this "Agreement") is entered into as of May 7, 2018, among HAWAIIAN TELCOM COMMUNICATIONS, INC., a Delaware corporation (the "Borrower"), each of the subsidiaries of the Borrower identified as guarantors on the signature pages hereto (individually, a "Guarantor" and, collectively, the "Guarantors"; and together with the Borrower, individually a "Loan Party" and, collectively, the "Loan Parties"), COBANK, ACB, as the Administrative Agent (the "Administrative Agent"), and each of the financial institutions executing this Agreement and identified as a Lender on the signature pages hereto (collectively, the "Consenting Lenders").

Comstock Resources – Fourth Amendment to Credit Agreement (May 10th, 2018)

This FOURTH AMENDMENT TO CREDIT AGREEMENT (this "Amendment") dated effective as of March 23, 2018, is among COMSTOCK RESOURCES, INC. (the "Borrower"), the financial institutions party hereto as lenders, and BANK OF MONTREAL, as administrative agent for the Lenders (in such capacity, together with its successors and assigns, the "Administrative Agent").

SS&C Technologies Holdings – Second Amendment to Credit Agreement (May 10th, 2018)

This SECOND AMENDMENT TO CREDIT AGREEMENT, dated as of March 9, 2018 (this "Second Amendment"), among SS&C TECHNOLOGIES, INC. (the "Company"), SS&C EUROPEAN HOLDINGS, a Luxembourg private limited liability company (societe a responsabilite limitee), having its registered office at 2, rue Jean Monnet, L-2180 Luxembourg, Grand Duchy of Luxembourg, registered with the Luxembourg trade and companies register under number B 173.925 (the "Designated Borrower 1"), SS&C TECHNOLOGIES HOLDINGS EUROPE, a Luxembourg private limited liability company (societe a responsabilite limitee), having its registered office at 2, rue Jean Monnet, L-2180 Luxembourg, Grand Duchy of Luxembourg, registered with the Luxembourg trade and companies register under number B 163.061 (the "Designated Borrower 2", and collectively with the Designated Borrower 1 and the Company, the "Borrowers" and each, a "Borrower"), SS&C TECHNOLOGIES HOLDINGS, INC. (the "Parent"), the Guarantors (collectively with the Parent and the B

Affinion Group Holdings, Inc. – Second Amendment to Credit Agreement (May 9th, 2018)

THIS SECOND AMENDMENT TO CREDIT AGREEMENT, dated as of May 4, 2018 (this Second Amendment), is made by and among AFFINION GROUP, INC., a Delaware corporation (the Borrower), HPS INVESTMENT PARTNERS, LLC, as administrative agent (in such capacity, together with its successors in such capacity, the Administrative Agent), the Revolving Facility Lenders and for purposes of Section 3 hereof each other Loan Party party hereto. Each capitalized term used herein but not otherwise defined herein has the meaning given such term in the Amended Credit Agreement.

Global Medical REIT Inc. – Second Amendment to Credit Agreement (May 9th, 2018)

This Second Amendment to Credit Agreement (herein, this "Amendment") is entered into as of March 6, 2018, among Global Medical REIT L.P., a Delaware limited partnership (the "Borrower"), Global Medical REIT Inc., a Maryland corporation (the "Parent" or "Global Medical REIT"), as a Guarantor, the other Guarantors party hereto, the Lenders party hereto, and BMO Harris Bank N.A., as Administrative Agent (in such capacity, the "Administrative Agent").

SJW Corporation – First Amendment to Credit Agreement (May 8th, 2018)

THIS FIRST AMENDMENT TO CREDIT AGREEMENT (this "Amendment"), dated as of January 12, 2018, is entered into by and between SAN JOSE WATER COMPANY, a California corporation (the "Borrower"), and JPMORGAN CHASE BANK, N.A., as lender (in such capacity, the "Lender"). Unless otherwise specified herein, capitalized terms used in this Amendment shall have the meanings ascribed to them in the Credit Agreement (as hereinafter defined) as amended hereby.

Eighth Amendment to Credit Agreement (May 7th, 2018)

EIGHTH AMENDMENT TO CREDIT AGREEMENT (this "Amendment"), dated as of March 12, 2018, in respect of the ABL Credit Agreement, dated as of June 10, 2015 (as amended, supplemented or otherwise modified prior to the date hereof, the "Credit Agreement"), among Tesla, Inc. (the "Company", and together with each Wholly-Owned Domestic Subsidiary of the Company that becomes a U.S. Borrower pursuant to the terms of the Credit Agreement, collectively, the "U.S. Borrowers"), Tesla Motors Netherlands B.V. ("Tesla B.V.", and together with each Wholly-Owned Dutch Subsidiary of Tesla B.V. that becomes a Dutch Borrower pursuant to the terms of the Credit Agreement, collectively, the "Dutch Borrowers"; and the Dutch Borrowers, together with the U.S. Borrowers, collectively, the "Borrowers"), the lenders from time to time party thereto (the "Lenders"), Deutsche Bank AG New York Branch, as administrative agent and collateral agent (in such capacities, the "Administrative Agent") and as Collateral Agent, a

TPG RE Finance Trust, Inc. – First Amendment to Credit Agreement (May 7th, 2018)

This FIRST AMENDMENT TO CREDIT AGREEMENT, dated as of May 4, 2018 (this "Amendment"), is made by and between TPG RE FINANCE 20, LTD., an exempted company incorporated in the Cayman Islands with limited liability ("Borrower"), each lender from time to time party hereto (collectively, the "Lenders" and individually, a "Lender"), and BANK OF AMERICA, N.A., as Administrative Agent. Capitalized terms used but not otherwise defined herein shall have the meanings given to them in the Credit Agreement (as defined below).