Amendment To Exchange Agreement Sample Contracts

Viper Energy Partners LP – First Amendment to Exchange Agreement (May 15th, 2018)

THIS FIRST AMENDMENT TO EXCHANGE AGREEMENT, dated as of May 10, 2018 (this "Amendment"), is entered into by and among Viper Energy Partners LP, a Delaware limited partnership (the "Partnership"), Viper Energy Partners GP LLC, a Delaware limited liability company (the "General Partner"), Viper Energy Partners LLC, a Delaware limited liability company (the "Operating Company"), and Diamondback Energy, Inc., a Delaware corporation (the "Sponsor"), pursuant to Section 3.9 of the Exchange Agreement, dated as of May 9, 2018, by and among the Partnership, the General Partner, the Operating Company and the Sponsor (the "Exchange Agreement"). Capitalized terms used but not defined herein shall have the meanings ascribed to such terms in the Exchange Agreement.

Pennymac Financial Services In – First Amendment to Exchange Agreement (March 9th, 2018)

This FIRST AMENDMENT TO EXCHANGE AGREEMENT (the "Amendment"), dated as of November 16, 2017, is entered into by and among PennyMac Financial Services, Inc. (the "Corporation"), Private National Mortgage Acceptance Company, LLC (the "Company"), BlackRock Mortgage Ventures, LLC ("BlackRock"), HC Partners LLC ("HC Partners"), Kurland Family Investments, LLC ("KFI") and Stanford L. Kurland.

Gateway Inds Inc – First Amendment to Exchange Agreement (July 27th, 2016)

THIS FIRST AMENDMENT TO SECURITIES EXCHANGE AGREEMENT (this "First Amendment") is dated July 18, 2016, by and between FUNCTION(X) INC., a Delaware corporation, (the "Company"), Sillerman Investment Company III, LLC, a Delaware limited liability company ("SIC III"), Sillerman Investment Company IV, LLC, a Delaware limited liability company ("SIC IV") and Sillerman Investment Company VI, LLC, a Delaware limited liability company ("SIC VI," and collectively with the Company, SIC III and SIC IV, the "Parties").

Advanced Emissions Solutions, Inc. – SECOND AMENDMENT TO EXCHANGE AGREEMENT (New Madrid) (March 3rd, 2016)

THIS AMENDMENT (this "Amendment") is dated as of February 26, 2016, but effective as of 11:59 p.m. on February 29, 2016 (the "Effective Date"), and made by and among Clean Coal Solutions, LLC, a Colorado limited liability company ("CCS"), AEC-NM, LLC, a Colorado limited liability company ("Lessor"), and GS RC Investments LLC, a Delaware limited liability company ("Lessee"). CCS, Lessor and Lessee may be referred to herein individually as a "Party" and collectively as the "Parties."

Interactive Brokers – Second Amendment to Exchange Agreement (November 9th, 2015)

This SECOND AMENDMENT TO EXCHANGE AGREEMENT (the "Second Amendment"), dated as of July 23, 2015, by and among Interactive Brokers Group, Inc., a Delaware corporation ("IBGI"), IBG Holdings LLC, a Delaware limited liability company ("IBG Holdings"), IBG LLC, a Connecticut limited liability company ("IBG LLC"), and the members of IBG Holdings LLC (the "IBG Holdings Members" (formerly, the members of IBG LLC) and, together with IBGI, IBG Holdings and IBG LLC, the "Parties" and each a "Party").

Hydrocarb Energy Corp – First Amendment to Exchange Agreement (September 22nd, 2015)

This First Amendment to Exchange Agreement (this "Agreement") dated September 21, 2015 (the "Execution Date"), is by and between, Hydrocarb Energy Corporation, a Nevada corporation (the "Company") and Kent P. Watts, an individual ("Watts"), each a "Party" and collectively the "Parties".

Amendment No. 1 to Exchange Agreement (August 3rd, 2015)

This AMENDMENT NO. 1 TO EXCHANGE AGREEMENT, dated as of August [ ], 2015 (this Amendment) is entered into by and among Summit Materials, Inc., a Delaware corporation (the Corporation), Summit Materials Holdings L.P., a Delaware limited partnership (Summit Holdings), and each of the other parties identified on the signature pages hereto (the Financial Sponsor Holders). This Amendment is an amendment to the Exchange Agreement, dated as of March 11, 2015 (the Agreement). Capitalized terms used herein but not defined herein shall have the meanings assigned to such terms in the Agreement.

ZAIS Group Holdings, Inc. – FIRST Amendment to EXCHANGE AGREEMENT (July 27th, 2015)

This First Amendment to Exchange Agreement (this "Amendment") is made and entered into as of July 21, 2015, by and among ZAIS Group Parent, LLC, a Delaware limited liability company (the "Company"), ZAIS Group Holdings, Inc., a Delaware corporation ("Holdings"), R. Bruce Cameron ("Cameron"), in his capacity as the Required Independent Director under the Second Amended and Restated Limited Liability Company Agreement of the Company, dated as of March 17, 2015 (as amended, the "LLC Agreement"), and Christian Zugel ("Zugel"), in his capacity as the Founder Member Representative under the LLC Agreement. Capitalized terms used in this Amendment but not defined herein shall have the respective meanings given to them in the Agreement (as defined below).

Heritage Oaks Bancorp – First Amendment to Exchange Agreement (December 24th, 2014)

FIRST Amendment to EXCHANGE AGREEMENT (this "Amendment") dated as of December 22, 2014, by and between Heritage Oaks Bancorp, a California corporation (the "Company"), and Castle Creek Capital Partners IV, LP, a Delaware limited liability partnership (the "Investor"). Except where otherwise provided herein, the capitalized terms used in this Amendment shall have the respective meanings assigned to such terms in, and all section references contained herein shall refer to, the Agreement (as defined below). This Amendment is made with reference to the following facts and circumstances:

Earthstone Energy, Inc. – Amendment to Exchange Agreement (October 2nd, 2014)

This AMENDMENT TO EXCHANGE AGREEMENT ("Amendment") is made as of September 26, 2014 between Earthstone Energy, Inc., a Delaware corporation ("Earthstone"), and Oak Valley Resources, LLC, a Delaware limited liability company ("Oak Valley"), and amends that certain Exchange Agreement, dated as of May 15, 2014, between Earthstone and Oak Valley (the "Exchange Agreement"). Earthstone and Oak Valley are sometimes referred to herein individually as a "Party" and, collectively, as the "Parties."

American Media – Amendment to Exchange Agreement (August 15th, 2014)

WHEREAS, the Company is party to that certain letter agreement, dated as of September 27, 2013 (as amended, restated, supplemented or otherwise modified from time to time, the "Exchange Agreement"), by and among the Company, the subsidiaries of the Company party thereto, Chatham Asset Management, LLC and Omega Charitable Partnership, L.P.; and

AMENDMENT TO EXCHANGE AGREEMENT (New Madrid) (May 10th, 2013)

THIS AMENDMENT (this Amendment) is dated as of March 8, 2013 and made by and among Clean Coal Solutions, LLC, a Colorado limited liability company (CCS), AEC-NM, LLC, a Colorado limited liability company (Lessor), and GS RC Investments LLC, a Delaware limited liability company (Lessee). CCS, Lessor and Lessee may be referred to herein individually as a Party and collectively as the Parties.

AMENDMENT TO EXCHANGE AGREEMENT (Thomas Hill) (May 10th, 2013)

THIS AMENDMENT (this Amendment) is dated as of March 8, 2013 and made by and among Clean Coal Solutions, LLC, a Colorado limited liability company (CCS), AEC-TH, LLC, a Colorado limited liability company (Lessor), and GS RC Investments LLC, a Delaware limited liability company (Lessee). CCS, Lessor and Lessee may be referred to herein individually as a Party and collectively as the Parties.

First Amendment to Exchange Agreement (November 15th, 2012)

This AMENDMENT OF EXCHANGE AGREEMENT (this Agreement), dated as of November 8, 2012, is entered into by and between Cereplast, Inc., a Nevada corporation (the Company), and Magna Group, LLC, (the Holder).

Interactive Brokers – Amendment to Exchange Agreement (June 12th, 2012)

THIS AMENDMENT TO EXCHANGE AGREEMENT (this "Amendment") is entered into as of June 6, 2012, by and among Interactive Brokers Group, Inc., a Delaware corporation ("IBGI"), IBG Holdings LLC, a Delaware limited liability company ("IBG Holdings"), and IBG LLC, a Connecticut limited liability company (formerly known as Interactive Brokers Group LLC, "IBG LLC").

Kranem Corp – Amendment to Exchange Agreement and Option to Purchase and Right to Distributions Agreement (January 12th, 2012)

THIS Amendment to the Exchange Agreement, defined below, and Option to Purchase and Right to Distributions Agreement (the Agreement) is effective on February 15, 2006 (the Effective Date), and made and entered into by and among Xalted Networks, Inc. (Xalted America), a Delaware corporation, Rajendra Manikonda (Mr. Manikonda), an individual, and Pratap (Bob) Kondamoori (Mr. Kondamoori), an individual. Mr. Kondamoori and Mr. Manikonda are hereinafter sometimes referred to collectively as the Shareholders and individually as a Shareholder. Xalted America and the Shareholders are hereinafter sometimes referred to collectively as the Parties and individually as a Party. Capitalized terms, used in this Agreement but not defined herein, shall have the meaning assigned to them in the Exchange Agreement, as defined below.

Castle Brands, Inc. – First Amendment to Exchange Agreement (June 14th, 2011)

THIS FIRST AMENDMENT TO EXCHANGE AGREEMENT (this Amendment), dated as of June 13, 2011, is entered into by and among Castle Brands Inc., a Florida corporation (the Company), and Frost Gamma Investments Trust (the Purchaser Majority).

First Amendment to Exchange Agreement (December 2nd, 2010)

THIS FIRST AMENDMENT TO EXCHANGE AGREEMENT (Amendment) is made as of December 1, 2010 the (Effective Date), by and between First BanCorp, a Puerto Rico corporation (the Company), and the United States Department of the Treasury (Treasury). Capitalized terms used and not otherwise defined in this Amendment shall have the respective meanings assigned to such terms in the Exchange Agreement, dated as of July 7, 2010, between the Company and Treasury (the Exchange Agreement).

Artio Global Investors Inc – Amendment No. 1 to Exchange Agreement (May 21st, 2010)

AMENDMENT NO. 1 dated as of May 20, 2010 (this "Amendment") to the EXCHANGE AGREEMENT dated as of September 29, 2009 (the "Exchange Agreement"), by and among Artio Global Investors Inc., a Delaware corporation (the "Corporation"), Richard C. Pell ("Pell"), Rudolph-Riad Younes ("Younes"), the Richard Pell Family Trust (the "Pell Trust"), and the Rudolph-Riad Younes Family Trust (the "Younes Trust").

Generac Holdings Inc – Amendment to Exchange Agreements (November 24th, 2009)

This AMENDMENT TO THE EXCHANGE AGREEMENTS is made as of October 22, 2007 (the Amendment), by and among CCMP Capital Investors II, L.P. (CCMP), CCMP Capital Investors (Cayman) II, L.P. (Cayman, and together with CCMP, the Investors) and GPS CCMP Acquisition Corp., a Delaware corporation (the Company, and together with the Investors, the Parties).

Amendment No. 1 to Exchange Agreement (June 23rd, 2009)

This AMENDMENT NO. 1, dated as of June 22, 2009 (this "Amendment"), between E*TRADE Financial Corporation, a Delaware corporation (the "Company"), and Citadel Equity Fund Ltd., a Cayman Islands company (together with any of its permitted assignees pursuant to the Exchange Agreement, "CEFL") amends that certain Exchange Agreement, dated as of June 17, 2009 (the "Exchange Agreement"), between the Company and CEFL.

Forticell Bioscience Inc – Amendment No. 1 to Exchange Agreement (March 27th, 2007)

WHEREAS, Ortec and Paul Capital are parties to that certain Exchange Agreement dated as of January 29, 2007 (as it may be amended, modified or supplemented from time to time, the "Exchange Agreement"); and

Amendment No.1 to Exchange Agreement (May 16th, 2006)

THIS AMENDMENT NO.1 TO EXCHANGE AGREEMENT (this Amendment No.1 ), dated as of May 11, 2006, is made by and among Sirona Holdings Luxco S.C.A., a societe en commandite par actions, organized under the laws of the Grand Duchy of Luxembourg (Luxco), Sirona Holding GmbH, a corporation organized under the laws of the Federal Republic of Germany and formerly known as Blitz 05-118 GmbH (Sirona) and a wholly owned subsidiary of Luxco, and Schick Technologies, Inc., a Delaware corporation (Schick). Each of Luxco, Sirona and Schick are referred to herein individually as a Party and collectively as the Parties. All capitalized terms used herein and not otherwise defined shall have the respective meanings assigned to such terms in the Exchange Agreement (as defined below).

Blue Holdings Inc – First Amendment to Exchange Agreement (June 30th, 2005)

This FIRST AMENDMENT TO EXCHANGE AGREEMENT dated as of June 27, 2005 (this Amendment), is by and among Blue Holdings, Inc., a Nevada corporation (Blue), Antik Denim, LLC, a California limited liability company (Company), and each of the persons listed under the caption Former Members on the signature page (the Former Members).

Amendment to Exchange Agreement (November 30th, 2001)
Amendment to Exchange Agreement (November 30th, 2001)