Fifth Modification Agreement Sample Contracts

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Stratus Properties, Inc. – Fifth Modification Agreement (March 16th, 2017)

This FIFTH MODIFICATION AGREEMENT (this "Agreement") dated effective as of December 30, 2015 (the "Effective Date") by and between STRATUS PROPERTIES INC., a Delaware corporation ("Stratus"), STRATUS PROPERTIES OPERATING CO., L.P., a Delaware limited partnership ("SPOC"), CIRCLE C LAND, L.P., a Texas limited partnership ("Circle C"), AUSTIN 290 PROPERTIES, INC., a Texas corporation ("Austin"), and THE VILLAS AT AMARRA DRIVE, L.L.C., a Texas limited liability company ("Amarra") (Stratus, SPOC, Circle C, Austin and Amarra are sometimes referred to in this Agreement severally as "Borrower"), and COMERICA BANK ("Lender");

Fifth Modification Agreement (May 24th, 2016)

This FIFTH MODIFICATION AGREEMENT (the "Agreement") is made effective as of May 24, 2016, by and among FRANKLIN COVEY CO., a Utah corporation ("Borrower"), each undersigned Guarantor (together with Borrower, each a "Loan Party" and collectively, the "Loan Parties"), and JPMORGAN CHASE BANK, N.A., a national banking association ("Lender").

Cole Credit Property Trust V, Inc. – Fifth Modification Agreement (October 1st, 2015)

For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Borrower, Administrative Agent and the Lenders agree as follows:

Fifth Modification Agreement (May 14th, 2015)

THIS FIFTH MODIFICATION AGREEMENT dated as of May 1, 2015 (this "Agreement"), is entered into by and among LITTLE ROCK HC&R PROPERTY HOLDINGS, LLC, a Georgia limited liability company (the "Borrower"), ADCARE HEALTH SYSTEMS, INC., a Georgia corporation ("AdCare"), LITTLE ROCK HC&R NURSING, LLC, a Georgia limited liability company (the "Operator") (AdCare and the Operator being sometimes referred to herein collectively as the "Guarantors") (the Borrower and the Guarantors being sometimes referred to herein collectively as the "Borrower/Guarantor Parties"), and THE PRIVATEBANK AND TRUST COMPANY, an Illinois banking corporation ("Lender").

Fifth Modification Agreement (July 29th, 2014)

THIS FIFTH MODIFICATION AGREEMENT dated as of July 22, 2014 (this "Agreement"), is entered into by and among ADK THOMASVILLE OPERATOR, LLC ("Borrower 1"), ADK LUMBER CITY OPERATOR, LLC ("Borrower 2"), ADK LAGRANGE OPERATOR, LLC ("Borrower 4"), ADK POWDER SPRINGS OPERATOR, LLC ("Borrower 5"), ADK THUNDERBOLT OPERATOR, LLC ("Borrower 7"), ATTALLA NURSING ADK, LLC ("Borrower 9"), MOUNTAIN TRACE NURSING ADK, LLC, an Ohio limited liability company ("Borrower 10"), MT. KENN NURSING, LLC ("Borrower 11"), ERIN NURSING, LLC ("Borrower 12"), CP NURSING, LLC ("Borrower 13"), BENTON NURSING, LLC ("Borrower 14"), VALLEY RIVER NURSING, LLC ("Borrower 15"), PARK HERITAGE NURSING, LLC ("Borrower 16"), HOMESTEAD NURSING, LLC ("Borrower 17"), WOODLAND MANOR NURSING, LLC ("Borrower 18"), MOUNTAIN VIEW NURSING, LLC ("Borrower 19"), LITTLE ROCK HC&R NURSING, LLC ("Borrower 21"), GLENVUE H&R NURSING, LLC ("Borrower 24") and COOSA NURSING ADK, LLC ("Borrower 25"), each a Georgia limited liability company exc

Maui Land & Pineapple Company – FIFTH MODIFICATION AGREEMENT (Secured Loan) (May 2nd, 2014)

THIS FIFTH MODIFICATION AGREEMENT ("Agreement") is entered into as of April 25, 2014, by and among MAUI LAND & PINEAPPLE COMPANY, INC., a corporation formed under the laws of the State of Hawaii ("Borrower"), WELLS FARGO BANK, NATIONAL ASSOCIATION, as sole Lender signatory to the Loan Agreement (as defined below) ("Lender"), and WELLS FARGO BANK, NATIONAL ASSOCIATION ("Wells Fargo") as Administrative Agent under the Loan Agreement (in such capacity, the "Administrative Agent").

Fifth Modification Agreement (December 27th, 2012)

THIS AGREEMENT is made as of the 24th day of December, 2012, by and between ASSOCIATED BANK, NATIONAL ASSOCIATION, a national banking association ("Bank"), and IMAGE SENSING SYSTEMS, INC., a Minnesota corporation ("Borrower").

Far East Energy – Fifth Modification Agreement for Production Sharing Contract for the Exploitation of Coalbed Methane Resources for the Shouyang Area in Shanxi Province, Qinshui Basin, the People's Republic of China (July 11th, 2012)

THIS MODIFICATION AGREEMENT ("Modification Agreement") is made and entered into on this the 26th day of April, 2012, by and between China United Coalbed Methane Corporation Ltd. ("CUCBM"), a company organized and existing under the laws of the People's Republic of China, having its headquarters domiciled in Beijing, the People's Republic of China; and Far East Energy (Bermuda), Ltd., a company organized and existing under the laws of Bermuda, having its headquarters domiciled in Houston, Texas, USA ("FEEB"). The companies named above, and their respective successors and assignees (if any), may sometimes individually be referred to as "Party" and collectively as the "Parties."

Fifth Modification Agreement (Ad&c Loan Agreement) and Amendment to Project Loan Commitment (April 5th, 2012)

This Fifth Modification Agreement (AD&C Loan Agreement) and Amendment to Project Loan Commitment (this "Amendment"), dated as of March 30, 2012 (subject to the effectiveness hereof as provided in Paragraph 12 below, the "Effective Date"), is entered into by and among (i) Bluegreen Vacations Unlimited, Inc., a Florida corporation ("Bluegreen Vacations"), (ii) Bluegreen Nevada, LLC, a Delaware limited liability company ("Bluegreen Nevada") (collectively, "Borrower"), (iii) Bluegreen Corporation, a Massachusetts corporation ("Bluegreen", and collectively with Borrower, the "Borrower Parties"), and (iv) Resort Finance America, LLC, a Delaware limited liability company ("Lender"), successor-by-assignment to GMAC Commercial Finance, LLC, a Delaware limited liability company ("GMACCF").

Fifth Modification Agreement (November 9th, 2011)

BY THIS FIFTH MODIFICATION AGREEMENT (the "Agreement"), made and entered into as of the 26th day of July, 2011, WELLS FARGO BANK, NATIONAL ASSOCIATION (the "Lender"), and KNIGHT TRANSPORTATION, INC., an Arizona corporation (the "Borrower"), in consideration of the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby confirm and agree as follows:

Fifth Modification Agreement (August 17th, 2010)

THIS FIFTH MODIFICATION AGREEMENT ("AGREEMENT") is made as of August 17, 2010, by and among AVATECH SOLUTIONS, INC., a Delaware corporation ("AVATECH"), and AVATECH SOLUTIONS SUBSIDIARY, INC., a Delaware corporation, jointly and severally ("AVATECH SUBSIDIARY"), and PNC BANK, NATIONAL ASSOCIATION, successor by merger to Mercantile-Safe Deposit and Trust Company ("LENDER"). AVATECH and AVATECH SUBSIDIARY are collectively referred to herein as the "BORROWERS".

Fifth Modification Agreement (August 17th, 2010)

THIS FIFTH MODIFICATION AGREEMENT ("AGREEMENT") is made as of August 17, 2010, by and among AVATECH SOLUTIONS, INC., a Delaware corporation ("AVATECH"), and AVATECH SOLUTIONS SUBSIDIARY, INC., a Delaware corporation, jointly and severally ("AVATECH SUBSIDIARY"), and PNC BANK, NATIONAL ASSOCIATION, successor by merger to Mercantile-Safe Deposit and Trust Company ("LENDER"). AVATECH and AVATECH SUBSIDIARY are collectively referred to herein as the "BORROWERS".

PS Business Parks, Inc. – FIFTH MODIFICATION AGREEMENT (Unsecured Loan) (August 3rd, 2010)

THIS FIFTH MODIFICATION AGREEMENT (Agreement) dated July 28, 2010 is entered into by and between Wells Fargo Bank, National Association, as administrative agent (Agent) and representative for the Lenders (as defined in the Loan Agreement referenced below), the Lenders and PS Business Park, L.P., a California limited partnership (Borrower).

FORM OF FIFTH MODIFICATION AGREEMENT (New Terms) (February 26th, 2009)

This Fifth Modification Agreement (the Agreement), dated as of for reference purposes only, is made by and between Greenhill & Co. Inc., a Delaware corporation (Borrower), and First Republic Bank, a division of Merrill Lynch Bank & Trust Co., FSB (the Lender), with reference to the following facts:

Vineyard National Bancorp – Amendment to Fifth Modification Agreement and Covenant Waiver (September 25th, 2008)

This Amendment to Fifth Modification Agreement and Covenant Waiver (this "Agreement") is made and effective September 23, 2008 (the "Effective Date"), by and between VINEYARD NATIONAL BANCORP, a California corporation ("Borrower") and FIRST TENNESSEE BANK NATIONAL ASSOCIATION ("Lender"). Unless otherwise set forth herein, all capitalized terms used herein shall have the meaning given such terms in the Loan Documents (defined below).

Vineyard National Bancorp – Fifth Modification Agreement and Covenant Waiver (September 2nd, 2008)

This Fifth Modification Agreement and Covenant Waiver (this "Agreement") is made and effective as of August 29, 2008 (the "Effective Date"), by and between VINEYARD NATIONAL BANCORP, a California corporation ("Borrower") and FIRST TENNESSEE BANK NATIONAL ASSOCIATION ("Lender"). Unless otherwise set forth herein, all capitalized terms used herein shall have the meaning given such terms in the Loan Documents (defined below).

Exhibit 10.123 FIFTH MODIFICATION AGREEMENT (Increase and Extension) (September 27th, 2007)

THIS FIFTH MODIFICATION AGREEMENT (this Agreement), effective as of the 24th day of September 2007, is by and between UNITED BANK, a Virginia banking corporation (the Bank); and VERSAR, INC. a Delaware corporation, GEOMET TECHNOLOGIES, LLC, a Maryland limited liability company, VERSAR GLOBAL SOLUTIONS, INC., a Virginia corporation, and VEC CORP., a Pennsylvania corporation and successor to Versar Environmental Company, Inc. (individually and collectively, the Borrower).

Stanley-Martin Communities, LLC – Fifth Modification Agreement (July 11th, 2007)

THIS FIFTH MODIFICATION AGREEMENT (this Modification), dated as of the 29th day of June, 2007, by and among NEIGHBORHOODS CAPITAL, LLC, a Virginia limited liability company (Capital), the limited liability companies identified above their executions hereof as Borrowers or Guarantors (Capital and each of the Borrowers and Guarantors, individually, an Obligor, and collectively, the Obligors); the parties identified above their executions hereof as Lenders and other Lenders who may become a party to the Agreement (as hereinafter defined) (each, a Lender and, collectively, the Lenders) and WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association, as a Lender, as Agent for the Lenders and as Issuing Lender.

Star Buffet, Inc. – Fifth Modification Agreement (June 29th, 2006)

BY THIS FIFTH MODIFICATION AGREEMENT, made and entered into as of the 24th day of May, 2006, STAR BUFFET, INC., a Delaware corporation, whose address is 1312 N. Scottsdale Road, Scottsdale, AZ 85257 (hereinafter called Borrower), and M&I MARSHALL & ILSLEY BANK, a banking corporation organized and existing under the laws of the State of Wisconsin, whose address is One East Camelback Road, P.O. Box 11856, Phoenix, Arizona 85061-1856 (hereinafter called Lender), confirm and agree as follows:

Fifth Modification Agreement (June 2nd, 2006)

This FIFTH MODIFICATION AGREEMENT ("Agreement") is made, entered and effective as of the 31st day of May, 2006 by and between ETRIALS, INC., a Delaware corporation, formerly known as etrials Worldwide, Inc. ("Borrower"), ETRIALS WORLDWIDE, INC., a Delaware corporation, formerly known as CEA Acquisition Corporation ("Worldwide US"), and ETRIALS WORLDWIDE LIMITED, a corporation organized under the laws of the United Kingdom ("Worldwide UK", and together with Worldwide US, collectively, "Guarantors"), and RBC CENTURA BANK, a North Carolina banking corporation ("Bank").

Stratus Properties, Inc. – Fifth Modification Agreement (March 30th, 2004)

This FIFTH MODIFICATION AGREEMENT (this "Agreement") dated as of December 29, 2003 to be effective as of January 31, 2004 by and between STRATUS 7000 WEST JOINT VENTURE, a Texas joint venture ("Borrower") and COMERICA BANK ("Lender");

Midgardxxi Inc – Fifth Modification Agreement (October 17th, 2003)

Whereas the parties entered into the Loan and Security Agreement dated June 18, 2002, which instrument was modified by a certain Amendment and Waiver dated September 26, 2002, by a Modification Agreement dated as of February 14, 2003, by a Third Modification Agreement dated April 17, 2003, by a Fourth Modification Agreement dated July 18, 2003, and an Extension Agreement dated September 30, 2003, which documents are collectively referred to as the "Loan Agreement," and

Horizon Group Properties – Fifth Modification Agreement (August 29th, 2003)

THIS FIFTH MODIFICATION AGREEMENT (this Agreement) is made and entered into this 19th day of August, 2003, by and among HUNTLEY DEVELOPMENT LIMITED PARTNERSHIP, an Illinois limited partnership (Borrower), HORIZON GROUP PROPERTIES, INC., a Maryland corporation (the Guarantor) and BEAL BANK, S.S.B., a savings bank organized under the laws of the State of Texas (Lender).