First Amendment Sample Contracts

First Amendment to Guaranty (October 17th, 2018)

This First Amendment to Guaranty ("Amendment") dated as of October 12, 2018, is made by Universal Logistics Holdings, Inc., a Michigan corporation, formerly known as Universal Truckload Services, Inc. ("Guarantor") to Comerica Bank, a Texas banking association ("Comerica"), as Administrative Agent for and on behalf of the Lenders (as defined below) (in such capacity, "Agent").

MedEquities Realty Trust, Inc. – FIRST AMENDMENT to Amended and Restated Master Lease (October 12th, 2018)

THIS FIRST AMENDMENT TO AMENDED AND RESTATED MASTER LEASE (this "Amendment") is made as of October 6, 2018 (the "Amendment Execution Date") by and among MRT of Las Vegas NV - ACH, LLC, a Delaware limited liability ("MRT Las Vegas-ACH"), MRT of Las Vegas NV - LTACH, LLC, a Delaware limited liability company ("MRT Las Vegas-LTACH"), MRT of Fort Worth TX - SNF, LLC, a Delaware limited liability company ("MRT Fort Worth-SNF"), MRT of Spartanburg SC - SNF, LLC, a Delaware limited liability company ("MRT Spartanburg-SNF"; and, together with MRT Las Vegas-ACH, MRT Las Vegas-LTACH, and MRT Fort Worth-SNF, as their interests may appear, "Landlord"), Nashville Leasehold Interests, LLC, a Delaware limited liability company ("Tenant"), Vegas Hospital Care, LLC, a Delaware limited liability company ("Mountain's Edge Operator"), THI of Nevada II at Desert Lane, LLC, a Delaware limited liability company ("Horizon Henderson Operator"), Bryant Irvin Consulting, LLC, a Delaware limited liability company

PQ Group Holdings Inc. – FIRST AMENDMENT TO THE PQ CORPORATION SAVINGS PLAN (As Amended and Restated Effective as of January 1, 2016) (October 1st, 2018)
Arog Pharmaceuticals, Inc. – First Amendment to the April 11, 2018 Loan Agreement Between AROG Pharmaceuticals, Inc. And Jain Investments, LLC (September 28th, 2018)

This First Amendment ("Amendment"), dated May 30, 2018, is made by and between AROG Pharmaceuticals, Inc. (the "Borrower"), with a place of business at 5420 LBJ Freeway, Suite. 410, Dallas, Texas 75240, and Jain Investments, LLC (the "Lender"), with a place of business at 5420 LBJ Freeway, Suite 410, Dallas, Texas 75240.

Arog Pharmaceuticals, Inc. – First Amendment to the April 11, 2018 Loan Agreement Between AROG Pharmaceuticals, Inc. And Jain Investments, LLC (September 28th, 2018)

This First Amendment ("Amendment"), dated May 30, 2018, is made by and between AROG Pharmaceuticals, Inc. (the "Borrower"), with a place of business at 5420 LBJ Freeway, Suite. 410, Dallas, Texas 75240, and Jain Investments, LLC (the "Lender"), with a place of business at 5420 LBJ Freeway, Suite 410, Dallas, Texas 75240.

First Amendment (September 28th, 2018)

FIRST AMENDMENT, dated as of September 26, 2018 (this "First Amendment"), to the Term Loan Credit Agreement, dated as of August 7, 2018 (as otherwise amended, supplemented or otherwise modified from time to time prior to the date hereof, the "Existing Credit Agreement"), among Brunswick Corporation, a Delaware corporation (the "Company"), the several banks and other financial institutions or entities from time to time party thereto as lenders (the "Lenders"), JPMorgan Chase Bank, N.A., as administrative agent (in such capacity, the "Administrative Agent"), and the other Agents party thereto, between the Company and the Administrative Agent, acting on behalf of the Lenders pursuant to the authority set forth in the Existing Credit Agreement.

Davey Tree Expert Co – First Amendment (September 27th, 2018)

THIS FIRST AMENDMENT, dated as of September 21, 2018 (this "Amendment"), is by and among THE DAVEY TREE EXPERT COMPANY, an Ohio corporation (the "Borrower"), the lending institutions party to the Credit Agreement (as defined below) (collectively, "Banks" and, individually, "Bank"), and KEYBANK NATIONAL ASSOCIATION, as Administrative Agent for the Banks under the Credit Agreement ("Agent").

GSV Growth Credit Fund Inc. – First Amendment to Demand Loan Agreement (September 26th, 2018)

THIS FIRST AMENDMENT TO DEMAND LOAN AGREEMENT (this "Amendment") is entered into as of September 24, 2018 between RUNWAY GROWTH CREDIT FUND INC., a Maryland corporation (the "Borrower"), and CIBC BANK USA (the "Bank"). Capitalized terms used and not otherwise defined herein have the meanings assigned thereto in the Loan Agreement referenced below.

Equitrans Midstream Corp – First Amendment to Gas Gathering and Compression Agreement (September 25th, 2018)

This First Amendment to Gas Gathering and Compression Agreement (this First Amendment) is entered into effective as of October 19, 2016 (the Effective Date), by and between RICE DRILLING B LLC, a Delaware limited liability company (Producer), ALPHA SHALE RESOURCES LP, a Delaware limited partnership (Alpha), and RICE MIDSTREAM PARTNERS LP, a Delaware limited partnership (Gatherer). Producer and Gatherer may be referred to herein individually as a Party or collectively as the Parties.

Kimbell Royalty Partners, LP – FIRST AMENDMENT TO KIMBELL ROYALTY GP, LLC 2017 LONG-TERM INCENTIVE PLAN (As Effective January 31, 2017) (September 25th, 2018)

Kimbell Royalty GP, LLC, a Delaware limited liability company, having previously adopted the Kimbell Royalty GP, LLC 2017 Long-Term Incentive Plan as effective January 31, 2017 (the Plan), and having the right to amend the Plan, pursuant to Section 10 of the Plan, does hereby amend the first sentence of Section 4 of the Plan to read as follows as follows:

First Amendment of Lease (September 25th, 2018)

THIS FIRST AMENDMENT OF LEASE (the "Amendment") made and entered into as of September 19, 2018 (the "Effective Date") by and between UP 45/75 SIDNEY STREET, LLC, a Delaware limited liability company ("Landlord"); and BLUEPRINT MEDICINES CORPORATION, a Delaware corporation ("Tenant").

Arog Pharmaceuticals, Inc. – First Amendment to the April 11, 2018 Loan Agreement Between AROG Pharmaceuticals, Inc. And Jain Investments, LLC (September 24th, 2018)

This First Amendment ("Amendment"), dated May 30, 2018, is made by and between AROG Pharmaceuticals, Inc. (the "Borrower"), with a place of business at 5420 LBJ Freeway, Suite. 410, Dallas, Texas 75240, and Jain Investments, LLC (the "Lender"), with a place of business at 5420 LBJ Freeway, Suite 410, Dallas, Texas 75240.

First Amendment of Lease (September 18th, 2018)
Soleil Capital L.P. – First Amendment (September 12th, 2018)

This First Amendment to Security Agreement, dated as of September _6___, 2018 (the "Amendment") is made by and among VPR Brands, L.P., a limited partnership duly organized and validly existing under the laws of Delaware (the "Company"), and Healthier Choices Management Corp., a corporation duly organized and validly existing under the laws of Delaware, formerly known as Vapor Corp. ("Secured Party").

First Amendment (September 7th, 2018)

THIS FIRST AMENDMENT (this "Amendment") dated as of July 3, 2018 to the Credit Agreement referred to below is by and among ABM INDUSTRIES INCORPORATED, a Delaware corporation (the "Company"), the Designated Borrowers identified on the signature pages hereto, the Guarantors identified on the signature pages hereto, the Lenders identified on the signature pages hereto and Bank of America, N.A., as Administrative Agent (in such capacity, the "Administrative Agent").

STUDIO CITY INTERNATIONAL HOLDINGS Ltd – First Amendment to SC Land Concession (2012) [ENGLISH TRANSLATION FOR REFERENCE ONLY] MACAU SPECIAL ADMINISTRATIVE REGION BUREAU OF THE SECRETARY FOR TRANSPORT AND PUBLIC WORKS (September 7th, 2018)

Using the faculty granted by article 64 of the Basic Law of the Macau Special Administrative Region, and in accordance with articles 107 and 129 both of Law no. 6/80/M, dated July 5, the Secretary for Transport and Public Works hereby orders:

Elastic N.V. – SECOND AMENDMENT DATED SEPTEMBER 16, 2015 TO THE LEASE DATED JULY 9, 2014 THE ORIGINAL LEASE AND FIRST AMENDMENT DATED MARCH 30, 2015, BY AND BETWEEN ASSET GROWTH PARTNERS, L.P. As LESSOR and ELASTICSEARCH, INC., as LESSEE (September 5th, 2018)
First Amendment (September 5th, 2018)

This First Amendment (the "First Amendment") to the Sixth Amended and Restated Limited Liability Agreement of FreshReaim, LLC (the "Agreement'') is made and entered into as of July 31, 2018 (the "First Amendment Effective Date"), by and between FreshReaim, LLC, a Delaware limited liability company (the "Company") and the members holding membership units therein, stated below (the "Approving Members" and with the Company, the "Parties").

Elastic N.V. – THIRD AMENDMENT DATED APRIL 18, 2018 TO THE LEASE DATED JULY 9, 2014 THE ORIGINAL LEASE THE FIRST AMENDMENT DATED MARCH 30, 2015, AND THE SECOND AMENDMENT DATED SEPTEMBER 16, 2015 BY AND BETWEEN ASSET GROWTH PARTNERS, L.P. As LESSOR and ELASTICSEARCH, INC., as LESSEE (September 5th, 2018)
Elastic N.V. – FIRST AMENDMENT DATED MARCH 30, 2015 TO THE LEASE DATED JULY, 9, 2014 (The ORIGINAL LEASE) BY AND BETWEEN ASSET GROWTH PARTNERS, L.P. As LESSOR and ELASTICSEARCH, INC., as LESSEE (September 5th, 2018)
EpiCept Corporation – First Amendment to Employment Terms (August 29th, 2018)

Whereas, Anthony Fiorino, MD, PhD ("Executive" or "You") is currently employed by Immune Pharmaceuticals Inc. (the "Company;" collectively, the "Parties") as the Company's Chief Medical Officer and Chief Operating Officer; and

Comstock Resources – First Amendment to Amended and Restated Bylaws of Comstock Resources, Inc. (August 22nd, 2018)

This Amendment No. 1 (this "Amendment") is effective as of August 17, 2018, and amends the Amended and Restated Bylaws of Comstock Resources, Inc., a Nevada corporation, (the "Corporation"), adopted August 21, 2014 (the "Existing Bylaws").

Contura Energy, Inc. – First Amendment to Permitting and Reclamation Plan Settlement Agreement for the Commonwealth of Virginia (August 21st, 2018)

THIS AMENDMENT (this "First Amendment") is made and entered into this 23rd of October, 2017 (the "Effective Date"), by and among ANR, Inc. on behalf of itself and its affiliates, including Old ANR, LLC (f/k/a Alpha Natural Resources, Inc.) (collectively ("ANR"), Contura Energy, Inc. ("Contura") and the Virginia Department of Mines, Minerals and Energy (the "Department" and collectively with ANR and Contura, the "Parties");

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").

Elastic N.V. – FIRST AMENDMENT DATED MARCH 30, 2015 TO THE LEASE DATED JULY, 9, 2014 (The ORIGINAL LEASE) BY AND BETWEEN ASSET GROWTH PARTNERS, L.P. As LESSOR and ELASTICSEARCH, INC., as LESSEE (August 8th, 2018)
Elastic N.V. – SECOND AMENDMENT DATED SEPTEMBER 16, 2015 TO THE LEASE DATED JULY 9, 2014 THE ORIGINAL LEASE AND FIRST AMENDMENT DATED MARCH 30, 2015, BY AND BETWEEN ASSET GROWTH PARTNERS, L.P. As LESSOR and ELASTICSEARCH, INC., as LESSEE (August 8th, 2018)

This Second Amendment dated September 16, 2015, shall serve to amend the terms of the Original Lease and First Amendment as follows:

Elastic N.V. – THIRD AMENDMENT DATED APRIL 18, 2018 TO THE LEASE DATED JULY 9, 2014 THE ORIGINAL LEASE THE FIRST AMENDMENT DATED MARCH 30, 2015, AND THE SECOND AMENDMENT DATED SEPTEMBER 16, 2015 BY AND BETWEEN ASSET GROWTH PARTNERS, L.P. As LESSOR and ELASTICSEARCH, INC., as LESSEE (August 8th, 2018)

This Third Amendment dated April 18, 2018, shall serve to amend the terms of the Original Lease, the First Amendment and the Second Amendment as follows:

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: