FIFTH AMENDMENT AGREEMENT AMENDMENT AGREEMENT ("AMENDMENT") dated as of November 1, 2017 to the Second Amended and Restated Committed Facility Agreement dated October 8, 2013 between BNP Paribas Prime Brokerage International, Ltd. ("PBL") and First...Fifth Amendment Agreement • February 9th, 2018 • First Trust Energy Income & Growth Fund • New York
FIFTH AMENDMENT AGREEMENTFifth Amendment Agreement • January 23rd, 2017 • New York
This FIFTH AMENDMENT AGREEMENT (this “Fifth Amendment”) is made as of August 5, 2016, by and among AMERICAN APPAREL (USA), LLC (“AA USA” or the “Borrower Representative”), AMERICAN APPAREL RETAIL, INC. (“AA Retail”), AMERICAN APPAREL DYEING & FINISHING, INC. (“AA Dyeing & Finishing”), KCL KNITTING, LLC (“KCL
FIFTH AMENDMENT AGREEMENT<?xml:namespace prefix = o ns = "urn:schemas- microsoft-com:office:office" />Fifth Amendment Agreement • March 24th, 2010 • Applied Neurosolutions Inc • Biological products, (no disgnostic substances)
This Fifth Amendment Agreement is made effective November ___, 2009 by and between Albert Einstein College of Medicine of Yeshiva University, a Division of Yeshiva University, a corporation organized and existing under the laws of the State of New York, having an office and place of business at 1300 Morris Park Avenue, Bronx, New York 10461 ("AECOM") and Applied NeuroSolutions, Inc. (formerly known as Molecular Geriatrics Corp.), a corporation organized and existing under the laws of the State of Delaware, having an office and place of business at 50 Lakeview Parkway, Suite 111, Vernon Hills, Illinois 60061 ("Licensee").
FIFTH AMENDMENT AGREEMENT Amending the terms of a Fund Administration and Accounting AgreementFifth Amendment Agreement • December 17th, 2018 • Baillie Gifford Funds
This Fifth Amendment Agreement, made as of December 14, 2018, is made by and between Baillie Gifford Funds, a Massachusetts business trust (the “Trust”), on behalf of each series of the Trust, and the Bank of New York Mellon, a New York banking organization (“BNY”).
FIFTH AMENDMENT AGREEMENTFifth Amendment Agreement • January 25th, 2006 • Us Home Systems Inc • Construction - special trade contractors
FIFTH AMENDMENT AGREEMENT (this “Fifth Amendment”), dated as of January 20, 2006 (the “Effective Date”), to the Receivables Loan and Security Agreement, dated as of February 11, 2003, among FCC Acceptance Corp., as Borrower (the “Borrower”), First Consumer Credit, Inc. (“FCC”), as Servicer (the “Servicer”), Autobahn Funding Company LLC, as Lender (the “Lender”), DZ Bank AG Deutsche Zentral-Genossneschaftsbank, Frankfurt Am Main, as agent (the “Agent”), U.S. Bank, National Association and Compu-Link Corporation (as the same has been and may be further amended, supplemented, modified and/or restated in accordance with its terms, the “RLSA”). Capitalized terms used herein and not otherwise defined herein shall have the meanings attributed thereto in the RLSA.
FIFTH AMENDMENT AGREEMENTFifth Amendment Agreement • October 15th, 2013 • Tower Group International, Ltd. • Fire, marine & casualty insurance
THIS FIFTH AMENDMENT AGREEMENT, effective as of June 30, 2013 (this “Agreement”) is between Tower Group, Inc., a Delaware corporation (the “Borrower”), Tower Group International, Ltd. (the “Guarantor”), each lender party hereto (collectively, the “Lenders” and individually, a “Lender”), and Bank of America, N.A., as Administrative Agent, Fronting Bank and L/C Administrator (“Bank of America”).
FIFTH AMENDMENT AGREEMENT between Conrent Invest S.A. acting on behalf of its compartment “Safety 2” as Lender and Track Group, Inc. as BorrowerFifth Amendment Agreement • April 27th, 2023 • Track Group, Inc. • Communications equipment, nec
relating to the facility agreement dated 30 December 2013 as amended and restated on 30 June 2015, on 19 July 2018, on 24 February 2019, on 10 January 2020 and on 21 December 2020
FIFTH AMENDMENT AGREEMENTFifth Amendment Agreement • November 10th, 2011 • Genta Inc De/ • Biological products, (no disgnostic substances) • New York
This FIFTH AMENDMENT AGREEMENT (this “Agreement”), dated as of October 31, 2011, is made by and among GENTA INCORPORATED, a Delaware corporation (the “Company”), and the undersigned parties (each a “Holder” and collectively the “Holders”). Capitalized terms used herein and not defined shall have the meanings set forth in the Securities Purchase Agreement (as defined below).
FIFTH AMENDMENT AGREEMENTFifth Amendment Agreement • November 1st, 2012 • Wintrust Financial Corp • State commercial banks
THIS FIFTH AMENDMENT AGREEMENT (this “Amendment”), dated as of October 26, 2012, is among WINTRUST FINANCIAL CORPORATION (the “Borrower”), the Lenders party to the Credit Agreement referenced below and BANK OF AMERICA, N.A., as Administrative Agent for the Lenders.
FIFTH AMENDMENT AGREEMENTFifth Amendment Agreement • May 14th, 2010 • Core Molding Technologies Inc • Plastics products, nec • Ohio
FIFTH AMENDMENT AGREEMENTFifth Amendment Agreement • March 9th, 2016 • Information Services Group Inc. • Services-management consulting services • New York
FIFTH AMENDMENT AGREEMENT (this “Agreement”) dated as of March 9, 2016 by and among (1) Information Services Group, Inc. (the “Borrower”), (2) International Advisory Holdings Corp., International Consulting Acquisition Corp., TPI Advisory Services Americas, Inc., ISG Information Services Group Americas, Inc. (formerly known as Technology Partners International, Inc.) and TPI Eurosourcing, L.L.C. (collectively, the “Guarantors”), (3) the financial institutions party to the Credit Agreement (as defined below) as lenders (collectively, the “Lenders” and individually, a “Lender”), and (4) Bank of America, N.A. (“Bank of America”) as administrative agent (the “Administrative Agent”) for the Lenders and as Swingline Lender and L/C Issuer with respect to a certain Credit Agreement dated as of May 3, 2013, by and among the Borrower, the Guarantors, the Lenders, the Administrative Agent, the L/C Issuer and BMO Harris Bank N.A. and Fifth Third Bank as co-Syndication Agents, as amended by that ce
FIFTH AMENDMENT AGREEMENTFifth Amendment Agreement • December 19th, 2006 • Epiq Systems Inc • Services-computer programming services • Ohio
FIFTH AMENDMENT AGREEMENTFifth Amendment Agreement • September 9th, 2005 • Pier 1 Imports Inc/De • Retail-home furniture, furnishings & equipment stores • New York
This Fifth Amendment Agreement (“Amendment”) is executed as of the 7th day of September, 2005, by and among Pier 1 Funding, L.L.C., a Delaware limited liability company, as transferor (the “Transferor”), Pier 1 Imports (U.S.), Inc., a Delaware corporation, as servicer (the “Servicer”), the “Class A Purchasers” parties to the Certificate Purchase Agreement referred to below, and JPMorgan Chase Bank, N.A. (as successor to Morgan Guaranty Trust Company of New York) (“JPMorgan Chase”), as agent (in such capacity, the “Administrative Agent”).
FIFTH AMENDMENT AGREEMENTFifth Amendment Agreement • July 8th, 2005 • 360 Global Wine Co • Beverages • New York
AMENDMENT AGREEMENT, dated as of July 6, 2005 (this “Fifth Amendment”), to: (i) the Note Purchase Agreement, dated as of May 28, 2004, as amended by an Amendment Agreement dated as of September 30, 2004, (the “Amendment Agreement”), as further amended as of November 24, 2004 (the “Second Amendment”), and as further amended as of January 20, 2005 (the “Third Amendment”), and as further amended as of May 31, 2005 (the “Fourth Amendment”) (as so amended, and as it in the future may be amended, modified or supplemented from time to time in accordance with its terms, the “Note Purchase Agreement”), by and among 360 Global Wine Company f/k/a Knightsbridge Fine Wines, Inc., a Nevada corporation (hereinafter the “Company”), and each of Longview Fund, LP, Longview Equity Fund, LP and Longview International Equity Fund, LP (collectively, the “Purchasers”), (ii) that certain Convertible Promissory Note No. PN-04-1 dated May 28, 2004, in the original principal amount of $250,000 issued by the Comp
FIFTH AMENDMENT AGREEMENT TO CREDIT AND SECURITY AGREEMENTFifth Amendment Agreement • May 22nd, 2014 • CVSL Inc. • Retail-nonstore retailers • Ohio
This FIFTH AMENDMENT AGREEMENT (this “Amendment”), dated as of April 21, 2014, is by and between THE LONGABERGER COMPANY, an Ohio corporation (“Borrower”), and KEYBANK NATIONAL ASSOCIATION, a national banking association (“Lender”).
FIFTH AMENDMENT AGREEMENTFifth Amendment Agreement • November 21st, 2016 • FS Investment Corp III • New York
AMENDMENT AGREEMENT (“Amendment”) dated as of November 15, 2016 to the Committed Facility Agreement dated as of October 17, 2014 between BNP Paribas Prime Brokerage International, Ltd. (“BNPP PB”) and Burholme Funding LLC (“Customer”).
FIFTH AMENDMENT AGREEMENTFifth Amendment Agreement • September 8th, 2008 • Teletech Holdings Inc • Services-business services, nec • Ohio
FIFTH AMENDMENT AGREEMENTFifth Amendment Agreement • June 29th, 2021 • AeroVironment Inc • Aircraft
This Fifth Amendment Agreement (this "Amendment") is made and entered into as of March 31, 2021 by and between SoftBank Corp., a company incorporated under the laws of Japan and having its principal place of business at 1-7-1 Kaigan, Minato-ku, Tokyo(formerly 1-9-1 Higashi-shimbashi, Minato-ku, Tokyo), Japan ("SoftBank") and AeroVironment Inc., a company incorporated under the laws of the State of Delaware and having its principal place of business at 900 Innovators Way, Simi Valley, CA 93065 (formerly 800 Royal Oaks Drive, Suite 210, Monrovia, CA 91016), U.S.A. ("AV"). SoftBank and AV are hereinafter referred to collectively as the "Parties" and individually as a "Party". All Capitalized terms not otherwise defined herein shall have the same meaning as assigned to them in the Original Agreement (as such term is defined below).
FIFTH AMENDMENT AGREEMENTFifth Amendment Agreement • August 13th, 2003 • Microtek Medical Holdings Inc • Orthopedic, prosthetic & surgical appliances & supplies • New York
FIFTH AMENDMENT AGREEMENT, dated as of August 7, 2003 (this “Amendment Agreement”), to the Amended and Restated Credit Agreement, dated as of May 14, 2001, as amended to date (and as the same may be further amended, supplemented or modified from time to time in accordance with its terms, the “Credit Agreement”), among Microtek Medical Holdings, Inc., formerly known as Isolyser Company, Inc., a Georgia corporation (“MMH”) and Microtek Medical, Inc., a Delaware corporation (“Microtek”, together with MMH, each a “Borrower” and, jointly and severally, the “Borrowers”), the lenders named therein (the “Lenders”), the guarantors named therein (the “Guarantors”) and JPMorgan Chase Bank, formerly known as The Chase Manhattan Bank, as agent (the “Agent”) for the Lenders. Terms used herein and not otherwise defined herein shall have the meanings attributed thereto in the Credit Agreement.
CERTAIN INFORMATION HAS BEEN OMITTED FROM THIS EXHIBIT IN PLACES MARKED “[***]” BECAUSE IT IS BOTH NOT MATERIAL AND WOULD LIKELY CAUSE COMPETITIVE HARM TO THE REGISTRANT IF PUBLICLY DISCLOSED. FIFTH AMENDMENT AGREEMENTFifth Amendment Agreement • March 1st, 2021 • Biocryst Pharmaceuticals Inc • Biological products, (no disgnostic substances)
This Amendment Agreement is made effective November 17, 2011 by and among Albert Einstein College of Medicine of Yeshiva University, a Division of Yeshiva University, a corporation organized and existing under the laws of the State of New York, having an office and place of business at 1300 Morris Park Avenue, Bronx, New York 10461 (“AECOM”), Industrial Research Ltd., a company organized and existing under the laws of New Zealand, having an office and place of business at Gracefield Research Centre, Gracefield Road, P.O. Box 31-310, Lower Hutt, New Zealand (“Industrial”) (AECOM and Industrial are collectively referred to herein as “Licensors”), and BioCryst Pharmaceuticals, Inc., a corporation organized and existing under the laws of the State of Delaware having an office and place of business at 2190 Parkway Lake Drive, Birmingham, Alabama 35244 (“Licensee”).
FIFTH AMENDMENT AGREEMENTFifth Amendment Agreement • December 14th, 2016 • Benefitfocus,Inc. • Services-prepackaged software
This Fifth Amendment Agreement (this “Amendment”) is entered into this 12th day of December, 2016, by and among BENEFITFOCUS, INC., a Delaware corporation (the “Parent”), BENEFITFOCUS.COM, INC., a South Carolina corporation (“Benefitfocus.com”), and BENEFITSTORE, INC., a South Carolina corporation (“BenefitStore”, and together with the Parent and Benefitfocus.com, each individually, a “Borrower”, and collectively, the “Borrowers”), the several banks and other financial institutions or entities party hereto (each a “Lender” and, collectively, the “Lenders”), and SILICON VALLEY BANK, as administrative agent and collateral agent for the Lenders (in such capacity, the “Administrative Agent”).
FIFTH AMENDMENT AGREEMENTFifth Amendment Agreement • October 11th, 2011 • Cintas Corp • Men's & boys' furnishgs, work clothg, & allied garments • Ohio
FIFTH AMENDMENT AGREEMENTFifth Amendment Agreement • September 9th, 2005 • Pier 1 Imports Inc/De • Retail-home furniture, furnishings & equipment stores • New York
This Fifth Amendment Agreement (“Amendment”) is executed as of the 7th day of September, 2005, by and among Pier 1 Funding, L.L.C., a Delaware limited liability company, as transferor (the “Transferor”), Pier 1 Imports (U.S.), Inc., a Delaware corporation, as servicer (the “Servicer”), and Wells Fargo Bank, National Association (successor by merger to Wells Fargo Bank Minnesota, National Association), a national banking association, as trustee (the “Trustee”).
FIFTH AMENDMENT AGREEMENT Synthetic American Fuel Enterprises II, LLCFifth Amendment Agreement • July 5th, 2005 • Marriott International Inc /Md/ • Hotels & motels • New York
This Fifth Amendment Agreement (“Fifth Amendment”) is made and entered into as of June 30, 2005, by and among Synthetic American Fuel Enterprises Holdings, Inc. (“Holdings”), Marriott Hotel Services, Inc. (“MHSI”) and Serratus LLC (“Buyer”).
FIFTH AMENDMENT AGREEMENTFifth Amendment Agreement • September 26th, 2007 • Memry Corp • Surgical & medical instruments & apparatus • Connecticut
FIFTH AMENDMENT AGREEMENT (this “Agreement”) dated as of August 31, 2007 by and between Memry Corporation (the “Borrower”), a Delaware corporation, and Webster Bank, National Association as assignee and successor in interest to Webster Business Credit Corporation (the “Lender”), amending a certain Credit and Security Agreement dated as of November 9, 2004 by and between the Borrower and the Webster Business Credit Corporation, as amended by that certain First Amendment Agreement dated as of November 9, 2005 and by a Second Amendment Agreement dated as of December 21, 2005 and by a Third Amendment Agreement dated December 5, 2006 and a Fourth Amendment Agreement dated March 28, 2007(as amended and in effect from time to time, the “Credit Agreement”).
FIFTH AMENDMENT AGREEMENTFifth Amendment Agreement • December 29th, 2016 • Mercury General Corp • Fire, marine & casualty insurance
THIS FIFTH AMENDMENT AGREEMENT, dated as of December 28, 2016 (this “Amendment”), is among MERCURY CASUALTY COMPANY (the “Borrower”), MERCURY GENERAL CORPORATION (the “Parent”), the various financial institutions parties hereto (collectively, the “Lenders”) and BANK OF AMERICA, N.A., as administrative agent (the “Administrative Agent”). Terms defined in the Credit Agreement (as defined below) are, unless otherwise defined herein or the context otherwise requires, used herein as defined therein.
FIFTH AMENDMENT AGREEMENTFifth Amendment Agreement • December 23rd, 2020 • Canterbury Park Holding Corp • Services-racing, including track operation • Minnesota
THIS FIFTH AMENDMENT AGREEMENT (this “Amendment”) is made as of the 23 day of December, 2020, by and among CANTERBURY PARK ENTERTAINMENT LLC, a Minnesota limited liability company (the “Borrower”), Canterbury Park Holding Corporation, a Minnesota corporation (the “Guarantor”), Canterbury Park Concessions, Inc., a Minnesota corporation (“Canterbury Concessions”), and BREMER BANK, NATIONAL ASSOCIATION, a national banking association (the “Lender”).
FIFTH AMENDMENT AGREEMENT Dated as of December 31, 2008 by and among RESIDENTIAL FUNDING COMPANY, LLC, as Borrower, GMAC MORTGAGE, LLC, as Borrower, RESIDENTIAL CAPITAL, LLC AND CERTAIN OTHER AFFILIATES OF THE BORROWERS PARTY HERETO, as Guarantors or...Fifth Amendment Agreement • February 27th, 2009 • Residential Capital, LLC • Mortgage bankers & loan correspondents • New York
This FIFTH AMENDMENT AGREEMENT (this “Agreement”) dated as of December 31, 2008 (the “Amendment Effective Date”), is by and among Residential Funding Company, LLC, a Delaware limited liability company (“RFC”), GMAC Mortgage, LLC, a Delaware limited liability company (“GMAC Mortgage” and, together with RFC, each a “Borrower” and, collectively, the “Borrowers”), Residential Capital, LLC and the other Affiliates of the Borrowers party hereto as Guarantors (each, a “Guarantor”), the Affiliates of the Borrower party hereto as Obligors (each, an “Obligor”), and GMAC LLC, a Delaware limited liability company, in its capacity as Initial Lender and as agent for the Lenders (in such capacity, the “Lender Agent”).
FIFTH AMENDMENT AGREEMENTFifth Amendment Agreement • May 10th, 2016 • FS Energy & Power Fund • New York
AMENDMENT AGREEMENT (“Amendment”) dated as of May 4, 2016 to the Committed Facility Agreement dated as of December 11, 2013 between BNP Paribas Prime Brokerage, Inc. (“BNPP PB, Inc.”) and Berwyn Funding LLC (“Customer”).
FIFTH AMENDMENT AGREEMENTFifth Amendment Agreement • May 10th, 2018 • S&W Seed Co • Agricultural production-crops • Ohio
WHEREAS, Borrower and Lender are parties to that certain Credit and Security Agreement, dated as of September 22, 2015 (as amended and as the same may from time to time be further amended, restated or otherwise modified, the "Credit Agreement");
FIFTH AMENDMENT AGREEMENTFifth Amendment Agreement • September 8th, 2010 • Shiloh Industries Inc • Metal forgings & stampings • Ohio
FIFTH AMENDMENT AGREEMENT dated as of 2 June, 2010 among: ING Bank N.V., London Branch (“ING”), AND Telenor East Invest AS (the “Counterparty”).Fifth Amendment Agreement • June 11th, 2010 • Telenor Asa • Telephone communications (no radiotelephone) • England and Wales
ING and the Counterparty are parties to a Total Return Swap Transaction as evidenced by the letter agreement dated 2 June 2006, as amended and novated by the Assignment, Novation and Amendment Agreement dated 30 March 2007 between and among ING, Telenor ASA and the Counterparty, as further amended by the Second Amendment Agreement dated 11 May 2007, and as further amended by the Third and Fourth Amendment Agreements dated 2 June 2008 and 2 June, 2009 respectively (as so amended and novated and in effect on the date hereof, together with additional completed Supplemental Confirmations, the “TRS”).
FIFTH AMENDMENT AGREEMENTFifth Amendment Agreement • May 22nd, 2014 • Seneca Foods Corp • Canned, fruits, veg, preserves, jams & jellies • New York
FIFTH AMENDMENT AGREEMENT (this “Agreement”) dated as of April 1, 2014 by and among (1) Seneca Foods Corporation, Seneca Snack Company and Seneca Foods, LLC (collectively, the “Borrowers”), (2) Marion Foods, Inc., Lebanon Valley Cold Storage, LLC, and Lebanon Valley Cold Storage, LP (collectively, the “Guarantors”), (3) the financial institutions party to the Loan and Security Agreement (as defined below) as lenders (collectively, the “Lenders” and individually, a “Lender”), and (4) Bank of America, N.A. (“Bank of America”) as agent (the “Agent”) for the Lenders and as Issuing Bank with respect to a certain Second Amended and Restated Loan and Security Agreement dated as of July 20, 2011, by and among the Borrowers, the Guarantors, the Lenders, the Agent, the Issuing Bank and RBS Citizens, N.A. as Syndication Agent, as amended by that certain First Amendment Agreement dated as of August 1, 2011, by that certain Second Amendment Agreement dated as of December 20, 2012, by that Third Ame
FIFTH AMENDMENT AGREEMENT among QC HOLDINGS, INC., as Borrower and THE LENDERS THAT ARE PARTIES HERETO and APRIL 24, 2014Fifth Amendment Agreement • May 8th, 2014 • QC Holdings, Inc. • Functions related to depository banking, nec • Kansas
This Fifth Amendment Agreement (this “Agreement”), is made and entered into as of April 24, 2014, by and between QC HOLDINGS, INC., a Kansas corporation (the “Borrower”), the Lenders that are parties hereto (being hereinafter referred to individually as a “Lender” or collectively as the “Lenders”), and U. S. BANK NATIONAL ASSOCIATION, in its capacity as Agent (the “Agent”).
FIFTH AMENDMENT AGREEMENTFifth Amendment Agreement • January 27th, 2015 • Crystal Rock Holdings, Inc. • Wholesale-groceries & related products • New York
FIFTH AMENDMENT AGREEMENT (this “Agreement”), dated as of January 14, 2015, by and among Crystal Rock Holdings, Inc., formerly known as Vermont Pure Holdings, Ltd. (“Holdings”), individually and as successor by merger to its former Subsidiary, Crystal Rock Holdings, Inc., Crystal Rock LLC (“Crystal Rock”, and together with Holdings, collectively, the “Borrowers”), Bank of America, N.A. (“Bank of America”) and the other lending institutions party to that certain Credit Agreement (as defined below) as lenders (together with Bank of America, collectively, the “Lenders”), and Bank of America, as administrative agent (the “Administrative Agent”) for itself and the other Lenders with respect to a certain Amended and Restated Credit Agreement dated as of April 5, 2010, as amended by that certain First Amendment Agreement dated as of September 28, 2010, that certain Second Amendment Agreement dated as of May 1, 2012, that certain Third Amendment Agreement dated as of May 13, 2013, and that cer
