First Amendment Sample Contracts

Spatializer Audio Laboratories – First Amendment to the Ameri Holdings, Inc. 2015 Equity Incentive Award Plan (August 17th, 2018)

WHEREAS, pursuant to Section 13 of the Ameri Holdings, Inc. 2015 Equity Incentive Award Plan (the "Plan") the Board, including any duly appointed committee of the Board with approval of the Board, may terminate, amend or modify the Plan at any time; provided, however, that without the approval of the stockholders of the Company, there shall be no increase in the total number of shares of Stock covered by the Plan.

Patriot National Bancorp Inc. – First Amendment (August 14th, 2018)

This First Amendment, dated as of August 2, 2018 ("First Amendment"), amends a certain Asset Purchase Agreement (the "Agreement"), dated as of February 2, 2018, which was executed by and between Hana Small Business Lending, Inc., a Delaware corporation ("Hana"), Hana ABS 2014-1, LLC, a Delaware limited liability company and wholly-owned subsidiary of Hana, Hana ABS 2016-1, LLC, a Delaware limited liability company and wholly-owned subsidiary of Hana, and Hana Investment, LLC ("Hana Investment"), a Delaware limited liability company and wholly-owned subsidiary of Hana, and Patriot Bank, N.A., a national banking association (the "Purchaser").

School Specialty, Inc. – First Amendment to Loan Agreement (August 14th, 2018)

THIS FIRST AMENDMENT TO LOAN AGREEMENT (this "Amendment") is entered into as of August 9, 2018 by and among SCHOOL SPECIALTY, INC., a Delaware corporation ("Borrower"), each Guarantor (as defined in the Loan Agreement) party hereto, the Lenders identified on the signature pages hereof and TCW ASSET MANAGEMENT COMPANY, as agent for the Lenders ("Agent").

First Amendment to the Fossil Group, Inc. 2016 Long-Term Incentive Plan (August 9th, 2018)

This FIRST AMENDMENT TO THE FOSSIL GROUP, INC. 2016 LONG-TERM INCENTIVE PLAN (this "Amendment"), dated as of March 28, 2018, is made and entered into by Fossil Group, Inc., a Delaware corporation (the "Company"), subject to approval by the Company's stockholders. 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 Fossil Group, Inc. 2016 Long-Term Incentive Plan (the "Plan").

Fortis Inc. – FIRST AMENDMENT TO THE TUCSON ELECTRIC POWER COMPANY 401(k) PLAN (August 8th, 2018)

Tucson Electric Power Company (the Company) maintains the Tucson Electric Power Company 401(k) Plan (the Plan). The Plan was most recently amended and restated in its entirety effective as of January 1, 2015. By this instrument, the Company intends to amend the Plan to permit investment in certain publicly traded employer securities and to make such other changes as set forth below.

First Amendment to the 2012 Convergys Corporation Senior Executive Severance Pay Plan (August 7th, 2018)

This First Amendment (this "Amendment") to the 2012 Convergys Corporation Senior Executive Severance Pay Plan, dated February 14, 2018 (the "Plan") is adopted as of June 28, 2018 by the Board of Directors of Convergys Corporation.

FIRST AMENDMENT TO THE FEDERAL SIGNAL CORPORATION RETIREMENT SAVINGS PLAN (As Amended and Restated Effective as of January 1, 2015) (August 7th, 2018)

WHEREAS, Federal Signal Corporation (the "Company") maintains the Federal Signal Corporation Retirement Savings Plan (As Amended and Restated Effective as of January 1, 2015) (the "Plan") for the benefit of its eligible employees; and

First Amendment to Non-Prosecution Agreement With Tenet Healthsystem Medical, Inc. (August 6th, 2018)

The United States Department of Justice, Criminal Division, Fraud Section ("the Department") and Tenet HealthSystem Medical, Inc. (on its behalf and on behalf of its subsidiaries) (collectively, "Tenet Subsidiary"), pursuant to authority granted by the Board of Directors of its parent, Tenet Healthcare Corporation ("Tenet") attached hereto (Attachment A), enters into this Amendment to the Non-Prosecution Agreement ("Agreement") dated September 30, 2016.

First Amendment to Office Sublease (August 6th, 2018)

THIS FIRST AMENDMENT TO OFFICE SUBLEASE (this "Amendment") is entered into as of May 30, 2018 (the "Amendment Effective Date"), by and between CHARLES SCHWAB & CO., INC., a California corporation ("Sublandlord"), and FITBIT, INC., a Delaware corporation ("Subtenant"), with reference to the following facts:

Workhorse Group Inc. – First Amendment to Loan Agreement (August 6th, 2018)

THIS FIRST AMENDMENT to Loan Agreement (this "Amendment") is entered into this 2nd day of August, 2018, by and between ____________________, a _______________ ("Lender"), and WORKHORSE GROUP INC., a Nevada corporation ("Borrower").

First Amendment to the Cott Corporation Severance and Non-Competition Plan (August 3rd, 2018)
Dominion Midstream Partners, LP – First Amendment (August 2nd, 2018)

FIRST AMENDMENT, dated as of August 1, 2018 (this "Amendment"), to the Revolving Credit Agreement, dated as of March 20, 2018 (the "Credit Agreement"), among DOMINION ENERGY MIDSTREAM PARTNERS, LP, a Delaware limited partnership (the "Borrower"), the several banks and other financial institutions from time to time parties thereto (the "Lenders"), JPMORGAN CHASE BANK, N.A., as administrative agent (the "Administrative Agent") and the other agents party thereto.

Dominion Midstream Partners, LP – First Amendment (August 2nd, 2018)

FIRST AMENDMENT, dated as of August 1, 2018 (this "Amendment"), to the Term Loan Agreement, dated as of October 28, 2016 (the "Agreement"), among DOMINION ENERGY MIDSTREAM PARTNERS, LP (formerly known as Dominion Midstream Partners, LP), a Delaware limited partnership (the "Borrower"), QPC HOLDING COMPANY, a Utah corporation (the "Guarantor"), the several banks and other financial institutions from time to time parties thereto (the "Lenders"), ROYAL BANK OF CANADA, as administrative agent (the "Administrative Agent") and the other agents party thereto.

CONE Midstream Partners LP – First Amendment to Second Amended and Restated Gathering Agreement (August 2nd, 2018)

This FIRST AMENDMENT TO SECOND AMENDED AND RESTATED GATHERING AGREEMENT (as the same may be amended from time to time in accordance herewith, this "Amendment") is made and effective on and as of this 16th day of March, 2018 (the "Execution Date"), by and between CNX Gas Company LLC, a Virginia limited liability company ("Shipper"), and Gatherer (as defined in the Original Agreement). Shipper and Gatherer are sometimes together referred to in this Amendment as the "Parties" and individually as a "Party."

Delcath Systems – Delcath Systems, Inc. First Amendment to Warrants to Purchase Common Stock (July 26th, 2018)
Discover Card Master Trust I – First Amendment to Third Amended and Restated Services Addendum (July 16th, 2018)

THIS FIRST AMENDMENT TO THIRD AMENDED AND RESTATED SERVICES ADDENDUM (Amendment) is entered into as of July 16, 2018 by and among Discover Products Inc. (DPI) and Discover Bank (DB).

Tiger Media – First Amendment to Amendment to Warrants and Agreement to Exercise (July 13th, 2018)

THIS FIRST AMENDMENT TO AMENDMENT TO WARRANTS AND AGREEMENT TO EXERCISE (this "Amendment") is dated July 9, 2018 by and among Fluent, Inc., formerly known as Cogint, Inc. (the "Corporation") and Whitehorse Finance, Inc. ("Warrantholder"). Capitalized terms used herein that are not otherwise defined shall have the meanings set forth in the Warrants (defined below).

Tiger Media – First Amendment to Amendment to Warrants and Agreement to Exercise (July 13th, 2018)

THIS FIRST AMENDMENT TO AMENDMENT TO WARRANTS AND AGREEMENT TO EXERCISE (this "Amendment") is dated July 9, 2018 by and among Fluent, Inc., formerly known as Cogint, Inc. (the "Corporation") and H.I.G. Whitehorse SMA Holdings I, LLC ("Warrantholder"). Capitalized terms used herein that are not otherwise defined shall have the meanings set forth in the Warrants (defined below).

Blueknight Energy – FIRST AMENDMENT to the STORAGE, THROUGHPUT AND HANDLING AGREEMENT (July 13th, 2018)

This First Amendment to Storage, Throughput and Handling Agreement ("Amendment") is made and effective as of July 12, 2018 and is by and between BKEP Materials, L.L.C., a Texas limited liability company ("BKEP Materials"), BKEP Terminalling, L.L.C., a Texas limited liability company ("BKEP Terminalling"), BKEP Asphalt, L.L.C., a Texas limited liability company ("BKEP Asphalt" and together with BKEP Materials and BKEP Terminalling, "Owner"), and Ergon Asphalt & Emulsions, Inc., a Mississippi corporation ("Customer"). Customer and Owner are sometimes referred to herein collectively as "Parties." Any term not defined in this Amendment shall have the meaning ascribed to it in the Agreement.

Tiger Media – First Amendment to Amendment to Warrants and Agreement to Exercise (July 13th, 2018)

THIS FIRST AMENDMENT TO AMENDMENT TO WARRANTS AND AGREEMENT TO EXERCISE (this "Amendment") is dated July 9, 2018 by and among Fluent, Inc., formerly known as Cogint, Inc. (the "Corporation") and H.I.G. Whitehorse SMA ABF, LP ("Warrantholder"). Capitalized terms used herein that are not otherwise defined shall have the meanings set forth in the Warrants (defined below).

Rockwell Medical Technologies, Inc. – STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF OAKLAND ROCKWELL MEDICAL, INC., Plaintiff, Case No. 2018-165893-Cb v. Ron. Wendy Potts ROBERT CHIOINI and THOMAS KLEMA, Defendants. ORDER REGARDING APPROVAL OF TERM SHEET AND DISMISSAL OF LITIGATION WITHOUT PREJUDICE at a Session of Court Held in the City of Pontiac, County of Oakland, State of Michigan, on Present: Ron. Wendy L. Potts Circuit Judge IT IS ORDERED That the June 20,2018 Term Sheet, as Amended on July 11, 2018, Attached as Exhibit A, Is Adopted as an Order of This Court. IT IS ORDERED FURTHER That Based on This Term Sheet t (July 13th, 2018)
Rockwell Medical Technologies, Inc. – FIRST AMENDMENT TO TERM SHEET the Term Sheet Entered Into on June 20, 2018 by Rockwell Medical, Inc., Robert Chioini, Thomas Klema, Patrick Bagley and Ronald Boyd Is Modified as Follows. All Other Provisions of the Term Sheet Remain Unchanged, in Full Effect, and Are Hereby Reaffirmed: 1. In Bullet Point Two, Sentence One Is Changed to Read: ''Notwithstanding the Bullet Point Above, the Board of Directors Will Not Hire a Full-Time CEO or CFO Before July 20, 2018, or One Day After Completion of Mediation With Judge Rosen, Whichever Comes First." the Remainder of That Bullet Point Is Unchanged. (July 13th, 2018)
Logistics Property Trust Inc. – First Amendment (July 3rd, 2018)

THIS FIRST AMENDMENT, dated as of January 19, 2018 (this Amendment), is among BCI IV OPERATING PARTNERSHIP LP, a Delaware limited partnership (the Borrower), the other Loan Parties (as defined in the Credit Agreement (as hereinafter defined)) solely for purpose of Section IV hereof, WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent (in such capacities, the Agent), and each of the Lenders (as defined in the Credit Agreement).

First Amendment (July 2nd, 2018)

CREDIT AGREEMENT, dated as of April 18, 2017, among (i) Henry Schein, Inc., a Delaware corporation (the Parent Borrower), (ii) the several Lenders party hereto (the Lenders), (iii) JPMorgan Chase Bank, N.A., as administrative agent and (iv) U.S. Bank National Association, as syndication agent (in such capacity, the Syndication Agent).

First Amendment to Indenture (June 21st, 2018)

This FIRST AMENDMENT TO INDENTURE (this "Amendment"), is entered into as of June 20, 2018, by and between Full House Resorts, Inc., a Delaware corporation (the "Company"), the Guarantors (as defined herein), and Wilmington Trust, National Association, as trustee (the "Trustee"), as Collateral Agent, and as Calculation Agent.

Coastal Financial Corp – First Amendment of Commercial Real Estate Lease (June 19th, 2018)

THIS FIRST AMENDMENT TO COMMERCIAL REAL ESTATE LEASE (First Amendment) is made to be effective the 26th day of March, 2018 (the Effective Date), by and between JMHLS, LLC, a Washington Limited Liability Company (Landlord), and Coastal Community Bank (Tenant).

NanoVibronix, Inc. – First Amendment to the Nanovibronix, Inc. 2014 Long-Term Incentive Plan (June 18th, 2018)

This FIRST AMENDMENT TO THE NANOVIBRONIX, INC. 2014 LONG-TERM INCENTIVE PLAN (this "Amendment"), effective as of June 13, 2018, is made and entered into by NanoVibronix, Inc., a Delaware corporation (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 NanoVibronix, Inc. 2014 Long-Term Incentive Plan (the "Plan").

First Amendment to the Fossil Group, Inc. 2016 Long-Term Incentive Plan (June 15th, 2018)

This FIRST AMENDMENT TO THE FOSSIL GROUP, INC. 2016 LONG-TERM INCENTIVE PLAN (this Amendment), dated as of March 28, 2018, is made and entered into by Fossil Group, Inc., a Delaware corporation (the Company), subject to approval by the Companys stockholders. 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 Fossil Group, Inc. 2016 Long-Term Incentive Plan (the Plan).

Consumers Bank – First Amendment to the Lease Agreement Between Furey Holdings, Llc and Consumers National Bank Dated December 23, 2005 (June 15th, 2018)

THIS FIRST AMENDMENT (this "First Amendment") is adopted this 13th day of June, 2018, by and between Furey Holdings, LLC (the "Lessor") and Consumers National Bank, a nationally-chartered commercial bank located in Minerva, Ohio (the "Lessee").

GSE Systems, Inc. FIRST AMENDMENT TO THIRD AMENDED AND RESTATED BYLAWS (June 15th, 2018)
Bloom Energy Corp – Omnibus First Amendment to Mespa, Moma and Asa (June 12th, 2018)

THIS OMNIBUS FIRST AMENDMENT TO MESPA, MOMA AND ASA (this Amendment), is executed as of March 20, 2013, by and among Bloom Energy Corporation, a Delaware corporation (Bloom), Diamond State Generation Partners, LLC, a Delaware limited liability company (the Project Company), and Diamond State Generation Holdings, LLC, a Delaware limited liability company (Holdco). Each of the foregoing entities shall be referred to individually herein as a Party and collectively as the Parties.

Us Xpress Enterprises – First Amendment to the New Mountain Lake Holdings, Llc Restricted Membership Units Plan (June 11th, 2018)

This First Amendment (this First Amendment) to the New Mountain Lake Holdings, LLC Restricted Membership Units Plan (the Plan) is made and adopted by New Mountain Lake Holdings, LLC (the Company) this 8th day of June, 2018. Capitalized terms used herein but not defined herein shall have the meanings ascribed to them in the Plan, as amended by the First Amendment.

National Commerce Corp – First Amendment to the First Landmark Bank 2015 Long-Term Incentive Plan (June 8th, 2018)

THIS FIRST AMENDMENT is made as of July 1, 2015 by Landmark Bancshares, Inc., a bank holding company organized under the laws of the State of Georgia (the "Company"), and First Landmark Bank, a state bank organized under the laws of the State of Georgia (the "Bank").

First Amendment To (June 7th, 2018)

This FIRST AMENDMENT is intended to amend the ACCOUNTS RECEIVEABLE ASSIGNMENT AGREEMENT, and the PROMISSORY NOTE (collectively "Agreements") and is made as of this 5th day of June, 2018 (the "Effective Date"), by and between Capstone, a Delaware Corporation, located at 16640 Stagg Street, Van Nuys, California 91406, and Distributor Turbine International, LLC (collectively referred to herein as the "Parties"), (the "First Amendment") and is entered into for the following purposes:

Hanover Capital Mortgage Holdings, Inc. – First Amendment to Acknowledgment Agreement With Respect to Servicing Advance Receivables (June 6th, 2018)

THIS FIRST AMENDMENT TO ACKNOWLEDGMENT AGREEMENT WITH RESPECT TO SERVICING ADVANCE RECEIVABLES (this "Amendment"), made and entered into as of the 20th day of April 2018 by and among DITECH FINANCIAL LLC, a Delaware limited liability company with its principal offices at 1100 Virginia Drive, Suite 100A. Ft. Washington, PA 19034 (the "Servicer"), DITECH AGENCY ADVANCE DEPOSITOR LLC, a Delaware limited liability company with its principal offices at 1100 Virginia Drive, Suite 100A. Ft. Washington, PA 19034 (the "Depositor"), DITECH AGENCY ADVANCE TRUST, a Delaware statutory trust, with its principal offices for purposes of the matters contemplated hereby at c/o Ditech Financial LLC, 1100 Virginia Drive, Suite 100A. Ft. Washington, PA 19034 (the "Issuer"), WELLS FARGO BANK, N.A., not in its individual capacity but solely as indenture trustee at the direction and on behalf of the Issuer, with its principal offices at 9062 Old Annapolis Road, Columbia, MD 21045-1951, Attention: Corporate T