Amendment Sample Contracts

World Wrestling Entertainmentinc – SECOND AMENDMENT TO BOOKING CONTRACT (July 25th, 2019)

This Second Amendment to Booking Contract (“Second Amendment”), effective as of March 4, 2019, is by and between WORLD WRESTLING ENTERTAINMENT, INC. (“Promoter”), with offices at 1241 East Main Street, Stamford, Connecticut 06902, and STEPHANIE MCMAHON-LEVESQUE (“Wrestler”), with respect to a certain Booking Contract by and between Promoter and Wrestler effective as of October 7, 2013, as amended by a certain first amendment effective as of October 7, 2016  (collectively, the “Agreement”).

American Airlines Inc – AMENDMENT NO. 11 (July 25th, 2019)

This Amendment No. 11 to the A320 Family Aircraft Purchase Agreement dated July 20, 2011 (the “Amendment”), dated as of June 19, 2019, is entered into by and between AIRBUS S.A.S., a société par actions simplifiée, created and existing under French law having its registered office at 2 Rond-Point Emile Dewoitine, 31700 Blagnac, France and registered with the Toulouse Registre du Commerce under number RCS Toulouse 383 474 814 (the “Seller”), and AMERICAN AIRLINES, INC., a Delaware corporation having its principal office at 4333 Amon Carter Boulevard, Fort Worth, Texas 76155, United States of America (the “Buyer”);

Snap Inc – AMENDMENT No 8 (July 24th, 2019)

This amendment no. 8 (“Amendment No 8”) is entered into by Google LLC, whose principal place of business is at 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”); and Snap, Inc. whose principal place of business is at 63 Market Street, Venice, Ca 90291, USA ("Customer”).

Speedway Motorsports Inc – Amendment No. 3 to the Bylaws of Speedway Motorsports, Inc. Effective July 23, 2019 (July 24th, 2019)

The Board of Directors of Speedway Motorsports, Inc. (the “Corporation”) pursuant to the authority granted by Article 7 of the Bylaws of the Corporation hereby amends such Bylaws by adding a new Article 8 as follows:

Discover Financial Services – DISCOVER FINANCIAL SERVICES EARNINGS SUMMARY (unaudited, in millions) Quarter Ended Six Months Ended Jun 30, 2019 Mar 31, 2019 Dec 31, 2018 Sep 30, 2018 Jun 30, 2018 Jun 30, 2019 vs. Jun 30, 2018 Jun 30, 2019 Jun 30, 2018 2019 vs. 2018 SEGMENT- INCOME BEFORE INCOME TAXES Direct Banking $941 $879 $874 $923 $837 $104 12 % $1,820 $1,648 $172 10 % Payment Services 46 51 23 44 40 6 15 % 97 85 12 14 % Total $987 $930 $897 $967 $877 $110 13 % $1,917 $1,733 $184 11 % TRANSACTIONS PROCESSED ON NETWORKS Discover Network 671 605 663 642 614 57 9 % 1,276 1,164 112 10 % PULSE Network 1,183 1,132 1,169 1,15 (July 23rd, 2019)

1 Volume is derived from data provided by licensees for Diners Club branded cards issued outside of North America and is subject to subsequent revision or amendment

Healthcare Trust, Inc. – Third Amendment to Second Amended and Restated Share Repurchase Program (July 23rd, 2019)

This third amendment (this “Amendment”) amends the Second Amended and Restated Share Repurchase Program of Healthcare Trust, Inc. (the “Company”) adopted effective as of July 14, 2017 (as previously amended as of January 30, 2019 and March 28, 2019, the “SRP”). Except as amended by this Amendment, the terms of the SRP will continue to apply.

Achaogen, Inc. – AMENDMENT NO. 1 TO (July 23rd, 2019)

This Amendment No. 1 (this “Amendment”) to the Asset Purchase Agreement dated as of June 20, 2019, by and between Achaogen, Inc., a Delaware corporation (the “Seller”), and Cipla USA Inc., a Delaware corporation (the “Purchaser”), is made as of June 28, 2019. Purchaser and Seller are sometimes referred to herein individually as a “Party” and collectively as the “Parties”.

Peak Resorts Inc – AMENDMENT TO AMENDED AND RESTATED BYLAWS OF PEAK RESORTS, INC. (July 22nd, 2019)

The Amended and Restated Bylaws of Peak Resorts, Inc., as amended, are hereby amended by inserting the following Article 11 therein:

Darden Restaurants Inc – SECOND AMENDMENT TO THE DARDEN RESTAURANTS, INC. FLEXCOMP PLAN (AS AMENDED AND RESTATED EFFECTIVE JUNE 1, 2017) (July 19th, 2019)

WHEREAS, Darden Restaurants, Inc. (the “Company”) maintains the Darden Restaurants, Inc. FlexComp Plan (As Amended and Restated Effective June 1, 2017) (the “Plan”);

Cloud Peak Energy Inc. – LIMITED WAIVER AND AMENDMENT NO. 3 (July 19th, 2019)

LIMITED WAIVER AND AMENDMENT No. 3 dated as of July 16, 2019 (this “Amendment”) to the Superpriority Senior Secured Priming Debtor-in-Possession Credit Agreement dated as of May 15, 2019, by and among Cloud Peak Energy Inc., a Delaware corporation and a debtor and debtor-in-possession under chapter 11 of the Bankruptcy Code (the “CPE”), the other Persons party hereto from time to time as a “Borrower”, the Persons party thereto from time to time as “Lenders”, and Ankura Trust Company, LLC, as administrative agent (in such capacity, including any sub-agent or any successor or assignee of any of the foregoing, the “Administrative Agent”) and as collateral agent (in such capacity, including any sub-agent or any successor or assignee of any of the foregoing, the “Collateral Agent”) (as amended, supplemented, restated or otherwise modified from time to time prior to the date hereof, the “Existing Credit Agreement”).

Cloud Peak Energy Inc. – AMENDMENT NO. 1 (July 19th, 2019)

This AMENDMENT No. 1 dated as of July 16, 2019 (this “Amendment”) to that certain Amended and Restated Sale and Plan Support Agreement, dated as of May 9, 2019, is by and among (i) Cloud Peak Energy Inc. (“Parent”), Cloud Peak Energy Resources LLC (“CPE Resources”) and Cloud Peak Energy Finance Corp. (the “Co-Issuer” and, together with CPE Resources, collectively, the “Issuers”), and the other direct and indirect subsidiaries of Parent that are party hereto (such entities together with Parent and Issuers, the “Cloud Peak Entities” or the “Company”); (ii) each holder of 2021 Notes Claims that are party hereto; and (c) each holder of 2024 Notes Claims party hereto (collectively, the “Consenting Noteholders) (as amended, supplemented, restated or otherwise modified from time to time prior to the date hereof, the “Existing Agreement”).  Each of the Cloud Peak Entities and the Consenting Noteholders are referred to herein individually as a “Party,” and collectively as the “Parties.”

Comstock Resources Inc – BARBARA K. CEGAVSKE Secretary of State 202 North Carson Street Carson City, Nevada 89701-4201 (775) 684-5708 Website: www.nvsos.gov FILED JUL 16 2019 SECRETARY OF STATE 8:00 AM Profit Corporation: Certificate of Amendment (PURSUANT TO NRS 78.380 & 78.385/78.390) Certificate to Accompany Restated Articles or Amended and Restated Articles (PURSUANT TO NRS 78.403) Officer’s Statement (PURSUANT TO NRS 80.030) (July 18th, 2019)

Comstock Resources, Inc. (hereinafter referred to as the “Company”), being a corporation organized and existing under and by virtue of the laws of the State of Nevada does hereby certify:

Comstock Resources Inc – SECOND AMENDMENT TO AMENDED AND RESTATED BYLAWS OF COMSTOCK RESOURCES, INC. (July 18th, 2019)

This Amendment No. 2 (the “Amendment”) is effective as of as of July 15, 2019, and amends the Amended and Restated Bylaws (as amended, the “Bylaws”) of Comstock Resources, Inc., a Nevada corporation.

Harte Hanks Inc – AMENDMENT NO. 2 TO THE FIFTH AMENDED AND RESTATED BYLAWS OF HARTE HANKS, INC. (July 18th, 2019)
Constellation Alpha Capital Corp. – OMNIBUS NOTE AMENDMENT AND NOTE HOLDER AGREEMENT (July 18th, 2019)

This OMNIBUS NOTE AMENDMENT AND NOTE HOLDER AGREEMENT (this “Amendment”) is made and entered into as of May 23, 2019, by and among DermTech, Inc., a Delaware corporation (the “Company”) and the Note Holders listed on Schedule A (the “Note Holders”).

Oportun Financial Corp – OPORTUN FUNDING V, LLC THIRD AMENDMENT TO THE SERIES 2015 SUPPLEMENT (July 17th, 2019)

provided, however, that the Monthly Collateral Performance Tests set forth in clauses (i) and (ii) above shall not apply during the period commencing on a Takeout Date and continuing until the earlier of (a) the date that is two calendar months after such Takeout Date and (b) the date on which the Aggregate Class A Note Principal exceeds $75,000,000.

Oportun Financial Corp – OPORTUN FUNDING V, LLC THIRD AMENDMENT TO THE BASE INDENTURE (July 17th, 2019)

BASE INDENTURE, dated as of August 4, 2015, between OPORTUN FUNDING V, LLC, a special purpose limited liability company established under the laws of Delaware, as issuer (the “Issuer”) and DEUTSCHE BANK TRUST COMPANY AMERICAS, a New York banking corporationWILMINGTON TRUST, NATIONAL ASSOCIATION, a national banking association with trust powers validly existing under the laws of the State of New YorkUnited States, as Trustee, as Securities Intermediary and as Depositary Bank.

Oportun Financial Corp – OPORTUN FUNDING V, LLC FIFTH AMENDMENT TO THE BASE INDENTURE (July 17th, 2019)

kind and other forms of obligations and receivables, instruments and other property which at any time constitute all or part of or are included in the proceeds of any of the foregoing (collectively, the “Trust Estate”).

Oportun Financial Corp – OPORTUN FUNDING V, LLC SECOND AMENDMENT TO THE SERIES 2015 SUPPLEMENT (July 17th, 2019)

SERIES 2015 SUPPLEMENT, dated as of August 4, 2015 (as amended, modified, restated or supplemented from time to time in accordance with the terms hereof, this “Series Supplement”), by and among OPORTUN FUNDING V, LLC, a special purpose limited liability company established under the laws of Delaware, as issuer (“Issuer”), and DEUTSCHE BANK TRUST COMPANY AMERICAS, a New YorkWILMINGTON TRUST, NATIONAL ASSOCIATION, a national banking corporationassociation validly existing under the laws of the State of New York United States, as trustee (together with its successors in trust under the Base Indenture referred to below, the “Trustee”), as securities intermediary (together with its successors under the Base Indenture referred to below, the “Securities Intermediary”) and as depositary bank (together with its successors under the Base Indenture referred to below, the “Depositary Bank”), to the Base Indenture, dated as of August 4, 2015, between the Issuer, the Trustee, the Securities Intermed

Oportun Financial Corp – OPORTUN FUNDING V, LLC SECOND AMENDMENT TO THE BASE INDENTURE (July 17th, 2019)

This SECOND AMENDMENT TO THE BASE INDENTURE, dated as of June 7, 2016 (this “Amendment”), is entered into among OPORTUN FUNDING V, LLC, a special purpose limited liability company established under the laws of Delaware, as issuer (the “Issuer”), and DEUTSCHE BANK TRUST COMPANY AMERICAS, a New York banking corporation validly existing under the laws of the State of New York, as trustee (in such capacity, the “Trustee”), as securities intermediary (in such capacity, the “Securities Intermediary”) and as depositary bank (in such capacity, the “Depositary Bank”).

Oportun Financial Corp – OPORTUN FUNDING V, LLC FOURTH AMENDMENT TO THE BASE INDENTURE (July 17th, 2019)

with its terms, subject to applicable bankruptcy, insolvency, reorganization, receivership, conservatorship or other Laws now or hereafter in effect, affecting the rights of creditors generally and except as such enforcement may be limited by general principles of equity (whether considered in a proceeding at law or in equity), and is not subject to any right of rescission, setoff, counterclaim or defense (including the defense of usury) or to any repurchase obligation or return right;

Fedex Corp – AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE PAGE OF (July 16th, 2019)

Blank spaces contained confidential information that has been excluded pursuant to Item 601(b)(10)(iv) of Regulation S-K because it (i) is not material and (ii) would likely cause competitive harm to FedEx if publicly disclosed.

Fedex Corp – AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE PAGE OF (July 16th, 2019)

Blank spaces contained confidential information that has been excluded pursuant to Item 601(b)(10)(iv) of Regulation S-K because it (i) is not material and (ii) would likely cause competitive harm to FedEx if publicly disclosed.

Fedex Corp – AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE PAGE OF (July 16th, 2019)

Blank spaces contained confidential information that has been excluded pursuant to Item 601(b)(10)(iv) of Regulation S-K because it (i) is not material and (ii) would likely cause competitive harm to FedEx if publicly disclosed.

Fedex Corp – AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE PAGE OF (July 16th, 2019)

Blank spaces contained confidential information that has been excluded pursuant to Item 601(b)(10)(iv) of Regulation S-K because it (i) is not material and (ii) would likely cause competitive harm to FedEx if publicly disclosed.

ProSight Global, Inc. – AMENDMENT NO. 1 (July 16th, 2019)

This AMENDMENT NO. 1 TO THE PROSIGHT GLOBAL HOLDINGS LIMITED AMENDED AND RESTATED 2010 EQUITY INCENTIVE PLAN (this “Amendment”), effective as of July ______, 2019, is made and entered into by ProSight Global Holdings, Inc., an exempted company incorporated in Bermuda (the “Company”). Terms used in this Amendment with initial capital letters that are not otherwise defined herein shall have the meanings ascribed to such terms in the ProSight Global Holdings Limited Amended and Restated 2010 Equity Incentive Plan (the “Plan”).

Alphatec Holdings, Inc. – FIFTH AMENDMENT TO THE ALPHATEC HOLDINGS, INC. 2016 EMPLOYMENT INDUCEMENT AWARD PLAN (July 16th, 2019)

This Fifth Amendment (this “Amendment”) to the Alphatec Holdings, Inc. 2016 Employment Inducement Award Plan (as amended and/or restated to date, the “Plan”) is made and adopted by Alphatec Holdings, Inc. (the “Company”), a corporation organized under the laws of State of Delaware.  Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Plan.

SIMPLICITY ESPORTS & GAMING Co – INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM’S CONSENT We consent to the inclusion in this Amendment No. 1 to Registration Statement of Simplicity Esports and Gaming Company on Form S-1 of our report dated July 23, 2018 with respect to our audit of the financial statements of I-AM Capital Acquisition Company (now known as Simplicity Esports and Gaming Company) as of May 31, 2018 and 2017 and for the year ended May 31, 2018 and the period from April 17, 2017 (inception) through May 31, 2017, which report appears in the Prospectus, which is part of this Amendment No. 1 to Registration Statement (July 15th, 2019)
Tower International, Inc. – AMENDMENT TO THE BYLAWS OF TOWER INTERNATIONAL, INC. (July 12th, 2019)

This Amendment to the Amended and Restated Bylaws (the “Bylaws”) of Tower International, Inc., a Delaware corporation, is made as of this 12th day of July, 2019.

Health Catalyst, Inc. – AMENDMENT NO. 1 TO FINANCING DOCUMENTS (July 12th, 2019)

This Amendment No.1 to the Financing Documents (this “Amendment”) is made as of July 10, 2019, by and among Health Catalyst, Inc., a Delaware corporation (the “Company”) and the parties listed on the signature pages hereto (the “Stockholders”).

Texas Capital Bancshares Inc/Tx – Amendment to Amended and Restated Bylaws of Texas Capital Bancshares, Inc. (July 11th, 2019)

Section 2.3(c) d. of the Amended and Restated Bylaws of Texas Capital Bancshares, Inc. is amended to read in its entirety as follows:

Change Healthcare Inc. – AMENDMENT NO. 1 (July 10th, 2019)

AMENDMENT NO. 1, dated as of July 3, 2019 (this “Amendment”), by and among the Persons signatory hereto as Refinancing Revolving Credit Lenders (such Persons, the “Refinancing Revolving Credit Lenders”), the Persons signatory hereto as Incremental Revolving Credit Lenders (such Persons, the “Incremental Revolving Credit Lenders”), CHANGE HEALTHCARE HOLDINGS, LLC, a Delaware limited liability company (the “Parent Borrower”), CHANGE HEALTHCARE PERFORMANCE, INC., a Delaware corporation (“Change Parent”), CHANGE HEALTHCARE INTERMEDIATE HOLDINGS, INC., a Delaware corporation (“Change Holdings”), CHANGE HEALTHCARE HOLDINGS, INC., a Delaware corporation (“Change Healthcare”), CHANGE HEALTHCARE OPERATIONS, LLC, a Delaware limited liability company (“CHO”), CHANGE HEALTHCARE SOLUTIONS, LLC, a Delaware limited liability company (“Change Solutions,” and together with CHO, Change Healthcare, Change Holdings, Change Parent and the Parent Borrower, collectively, the “Borrowers” and each, a “Borrower

Acacia Communications, Inc. – Amendment to Amended and Restated By-laws of Acacia Communications, Inc. (July 9th, 2019)

The Amended and Restated By-laws of Acacia Communications, Inc. be and hereby are amended by adding thereto the following provision as a new Section 5.9 thereof:

DarioHealth Corp. – AMENDMENT NO. 1 TO PRE-FUNDED WARRANT (July 9th, 2019)

This AMENDMENT NO. 1 TO PRE-FUNDED WARRANT (this “Amendment”) is effective as of July __, 2019 by and between DarioHealth Corp., a Delaware corporation (the “Company”) and the holders of certain Pre-Funded Warrants (as herein defined) as set forth on Appendix A annexed hereto (the “Holder”). Each of the Company and the Holder shall be referred to collectively as the “Parties” and individually as a “Party.”

Pure Cycle Corp – TWELFTH AMENDMENT TO CONTRACT FOR PURCHASE AND SALE OF REAL ESTATE (Sky Ranch) (July 8th, 2019)

THIS TWELFTH AMENDMENT TO CONTRACT FOR PURCHASE AND SALE OF REAL ESTATE (this “Amendment”) is made effective as of January 22, 2019 (the “Effective Date”), by and between PCY HOLDINGS, LLC, a Colorado limited liability company (“Seller”), and KB HOME COLORADO INC., a Colorado corporation (“Purchaser”). Seller and Purchaser may be referred to collectively as the “Parties.”