Exhibit 10.13.3 FIFTH MODIFICATION AGREEMENT BY THIS FIFTH MODIFICATION AGREEMENT (the "Agreement"), made and entered into as of the 15th day of December, 2003, WELLS FARGO BANK, NATIONAL ASSOCIATION, as administrative agent (the "Administrative...Fifth Modification Agreement • February 25th, 2004 • Knight Transportation Inc • Trucking (no local) • Arizona
FIFTH MODIFICATION AGREEMENT (Secured Loan)Fifth Modification Agreement • May 2nd, 2014 • Maui Land & Pineapple Co Inc • Real estate • Hawaii
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 AGREEMENTFifth Modification Agreement • April 1st, 2024 • SPAR Group, Inc. • Services-business services, nec • New Jersey
THIS FIFTH MODIFICATION AGREEMENT (this "Modification Agreement") is entered into as of August 9 , 2022, by and among NORTH MILL CAPITAL LLC, a Delaware limited liability company, d/b/a SLR Business Credit ("Lender"), with a place of business at 821 Alexander Road, Suite 130, Princeton, New Jersey 08540, SPAR MARKETING FORCE, INC., a Nevada corporation ("US Borrower"), with its chief executive office located at 1910 Opdyke Court, Auburn Hills, Michigan 48326, and SPAR CANADA COMPANY, an unlimited company organized under the laws of Nova Scotia ("Canadian Borrower"), with its chief executive office located at 10 Planchet Road, Unit 21, Vaughan, Ontario L4K 2C8.
FIFTH MODIFICATION AGREEMENTFifth Modification Agreement • December 27th, 2012 • Image Sensing Systems Inc • Measuring & controlling devices, nec
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”).
FIFTH MODIFICATION AGREEMENTFifth Modification Agreement • July 29th, 2014 • Adcare Health Systems, Inc • Services-skilled nursing care facilities • Illinois
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
FIFTH MODIFICATION AGREEMENTFifth Modification Agreement • June 29th, 2006 • Star Buffet Inc • Retail-eating places • Arizona
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 AGREEMENTFifth Modification Agreement • August 14th, 2002 • E Loan Inc • Mortgage bankers & loan correspondents • Delaware
THIS FIFTH MODIFICATION AGREEMENT (the "Agreement") is made as of the 18th day of April, 2002, by and among E-LOAN, INC. (the "Borrower"), and GMAC Bank, a federal saving bank (the "Lender").
FIFTH MODIFICATION AGREEMENTFifth Modification Agreement • May 14th, 2015 • Adcare Health Systems, Inc • Services-skilled nursing care facilities • Arkansas
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 AgreementFifth Modification Agreement • October 17th, 2003 • Exabyte Corp /De/ • Computer storage devices
THIS FIFTH MODIFICATION AGREEMENT (the "Modification Agreement") is entered into between Silicon Valley Bank ("Silicon") and the borrower named above ("Borrower").
FIFTH MODIFICATION AGREEMENTFifth Modification Agreement • March 8th, 2024 • Amrep Corp. • Land subdividers & developers (no cemeteries) • New Mexico
FIFTH MODIFICATION AGREEMENTFifth Modification Agreement • April 17th, 2023 • SPAR Group, Inc. • Services-business services, nec • New Jersey
THIS FIFTH MODIFICATION AGREEMENT (this "Modification Agreement") is entered into as of August 9 , 2022, by and among NORTH MILL CAPITAL LLC, a Delaware limited liability company, d/b/a SLR Business Credit ("Lender"), with a place of business at 821 Alexander Road, Suite 130, Princeton, New Jersey 08540, SPAR MARKETING FORCE, INC., a Nevada corporation ("US Borrower"), with its chief executive office located at 1910 Opdyke Court, Auburn Hills, Michigan 48326, and SPAR CANADA COMPANY, an unlimited company organized under the laws of Nova Scotia ("Canadian Borrower"), with its chief executive office located at 10 Planchet Road, Unit 21, Vaughan, Ontario L4K 2C8.
FIFTH MODIFICATION AGREEMENT (AD&C LOAN AGREEMENT) AND AMENDMENT TO PROJECT LOAN COMMITMENTFifth Modification Agreement • April 5th, 2012 • Bluegreen Corp • Real estate agents & managers (for others) • Arizona
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 AGREEMENTFifth Modification Agreement • August 29th, 2003 • Horizon Group Properties Inc • Real estate investment trusts
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”).
FIFTH MODIFICATION AGREEMENTFifth Modification Agreement • July 11th, 2007 • Stanley-Martin Communities, LLC • Operative builders • Virginia
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.
FIFTH MODIFICATION AGREEMENT (Unsecured Loan)Fifth Modification Agreement • August 3rd, 2010 • Ps Business Parks Inc/Ca • Real estate investment trusts • California
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”).
FIFTH MODIFICATION AGREEMENT TO BORROWING BASE REVOLVING LINE OF CREDIT AGREEMENTFifth Modification Agreement • November 27th, 2007 • William Lyon Homes • Operative builders • California
JPMORGAN CHASE BANK, N.A. (successor by merger to Bank One, NA (Main Office Chicago, Illinois)), a national banking association (“Bank”), and WILLIAM LYON HOMES, INC., a California corporation (“Borrower”), hereby enter into this Fifth Modification Agreement to Borrowing Base Revolving Line of Credit Agreement (the “Modification”) to the Borrowing Base Revolving Line of Credit Agreement dated as of June 28, 2004, as modified by a Modification Agreement, dated as of December 7, 2004, and as further modified by a Second Modification Agreement to Borrowing Base Revolving Line of Credit Agreement, dated as of July 14, 2005, by a Third Modification Agreement to Borrowing Base Revolving Line of Credit Agreement, dated as of October 23, 2006, and by a Fourth Modification Agreement to Borrowing Base Revolving Line of Credit Agreement, dated as of April 26, 2007 (the “Loan Agreement”), with the consent of guarantor WILLIAM LYON HOMES, a Delaware corporation (“Guarantor”).
FIFTH MODIFICATION AGREEMENTFifth Modification Agreement • May 24th, 2016 • Franklin Covey Co • Services-management services • Utah
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”).
AMENDMENT TO FIFTH MODIFICATION AGREEMENT AND COVENANT WAIVERFifth Modification Agreement • September 25th, 2008 • Vineyard National Bancorp • National commercial banks
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).
FIFTH MODIFICATION AGREEMENTFifth Modification Agreement • March 30th, 2004 • Stratus Properties Inc • Land subdividers & developers (no cemeteries) • Texas
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");
FIFTH MODIFICATION AGREEMENTFifth Modification Agreement • October 1st, 2015 • Cole Credit Property Trust V, Inc. • Real estate investment trusts • New York
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 AGREEMENTFifth Modification Agreement • December 21st, 2017 • Aerocentury Corp • Services-equipment rental & leasing, nec • California
This Fifth Modification Agreement (the "Agreement"), dated as of December 20, 2017, is entered into by and among AeroCentury Corp., a Delaware corporation (the "Borrower"), the several financial institutions party to the Loan Agreement (defined below) (each a "Lender" and collectively, "Lenders"), and Mufg Union Bank, N.A., formerly known as Union Bank, N.A. ("Union Bank"), for itself, as Lender and Swing Line Lender, and as agent for the Lenders and other financial institutions (if any) from time to time a party to the Loan Agreement (in such capacity, "Agent"), with reference to the following facts:
FORM OF FIFTH MODIFICATION AGREEMENT (New Terms)Fifth Modification Agreement • February 26th, 2009 • Greenhill & Co Inc • Finance services
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:
ContractFifth Modification Agreement • March 16th, 2017 • Stratus Properties Inc • Land subdividers & developers (no cemeteries) • Texas
This Document Number 2015205908 is being re-recorded to correct the date in Paragraph B.ii on page 2 and to correct the date in Paragraph 2 on page 3
FIFTH MODIFICATION AGREEMENT (Increase and Extension)Fifth Modification Agreement • September 27th, 2007 • Versar Inc • Services-engineering services • Virginia
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”).
Fifth Modification AgreementFifth Modification Agreement • June 26th, 2019 • Dynatronics Corp • Surgical & medical instruments & apparatus • California
This Fifth Modification Agreement (this “Agreement”) is entered into as of June 21, 2019 and made effective as of May 31, 2019, among Dynatronics Corporation, a Utah corporation (“Dynatronics”), Hausmann Enterprises, LLC, a Utah limited liability company (“Enterprises”), and Bird & Cronin, LLC, a Utah limited liability company (“Bird,” and together with Dynatronics and Enterprises, individually and collectively, jointly and severally, “Borrower”), and Bank of the West, a California banking corporation (“Lender”).
FIFTH MODIFICATION AGREEMENTFifth Modification Agreement • March 6th, 2012 • Tornier N.V. • Orthopedic, prosthetic & surgical appliances & supplies • Texas
THIS FIFTH MODIFICATION AGREEMENT (this “Amendment”) is dated as of the 16th day of December 2011, by and between TORNIER, INC., a Delaware corporation (the “Borrower”), and COMPASS BANK, an Alabama banking corporation (the “Bank”).
