First Amendment Sample Contracts

Plexus Corp – PLEXUS CORP. FIRST AMENDMENT Dated as of June 25, 2019 (August 2nd, 2019)

THIS FIRST AMENDMENT dated as of June 25, 2019 (the or this “First Amendment”) to the Note Purchase Agreement dated as of June 15, 2018 is among Plexus Corp., a Wisconsin corporation (the “Company”), and each of the institutions which is a signatory to this First Amendment (collectively, the “Noteholders”).

Blackboxstocks Inc. – FIRST AMENDMENT TO (July 30th, 2019)

This First Amendment to 8% Fixed Convertible Promissory Note (this “Amendment”) is made and entered into as of July 26, 2019, by and between Blackboxstocks, Inc. (the “Company”) and Harbor Gates Capital, LLC (the “Holder”).

LendingClub Corp – FIRST AMENDMENT TO (July 29th, 2019)

This FIRST AMENDMENT TO MARKETING AND PROGRAM MANAGEMENT AGREEMENT (this “Amendment”) is dated as of July 23, 2019 the (“Amendment Date”), by and between WebBank, a Utah industrial bank (“Bank”), and LendingClub Corporation, a Delaware corporation (“Company”), and amends the Marketing and Program Management Agreement dated as of February 25, 2016 between Bank and Company (as amended, supplemented, or otherwise modified through the date hereof, the “Marketing Agreement”).

LendingClub Corp – FIRST AMENDMENT TO (July 29th, 2019)

This FIRST AMENDMENT TO LOAN AND RECEIVABLE SALE AGREEMENT (this “Amendment”) is dated as of July 23, 2019 the (“Amendment Date”), by and between WebBank, a Utah industrial bank (“Bank”), and LendingClub Corporation, a Delaware corporation (“Company”), and amends the Loan and Receivable Sale Agreement dated as of February 25, 2016 between Bank and Company (as amended, supplemented, or otherwise modified through the date hereof, the “Sale Agreement”).

Erie Indemnity Co – FIRST AMENDMENT TO ERIE INDEMNITY COMPANY INCENTIVE COMPENSATION DEFERRAL PLAN Effective January 1, 2017 (July 25th, 2019)

WHEREAS, Erie Indemnity Company (the “Company”) maintains the Erie Indemnity Company Incentive Compensation Deferral Plan (the “Plan”);

Blueknight Energy Partners, L.P. – First Amendment to the Certificate of Formation of Blueknight Energy Partners G.P., L.L.C. (July 22nd, 2019)

The undersigned, desiring to amend the Amended and Restated Certificate of Formation of Blueknight Energy Partners G.P., L.L.C. pursuant to the provisions of the Delaware Limited Liability Company Act, does hereby certify as follows:

Darden Restaurants Inc – FIRST AMENDMENT TO THE DARDEN RESTAURANTS, INC. FLEXCOMP PLAN (AS AMENDED AND RESTATED EFFECTIVE JUNE 1, 2017) (July 19th, 2019)

WHEREAS, Darden Restaurants, Inc. (the “Company”) maintains the Darden Restaurants, Inc. FlexComp Plan (As Amended and Restated Effective June 1, 2017) (the “Plan”);

Oportun Financial Corp – OPORTUN FUNDING V, LLC FIRST AMENDMENT TO THE BASE INDENTURE (July 17th, 2019)

This FIRST AMENDMENT TO THE BASE INDENTURE, dated as of May 25, 2016 (this “Amendment”), is entered into among OPORTUN FUNDING V, LLC, a special purpose limited liability company established under the laws of Delaware, as issuer (the “Issuer”), and DEUTSCHE BANK TRUST COMPANY AMERICAS, a New York banking corporation validly existing under the laws of the State of New York, as trustee (in such capacity, the “Trustee”), as securities intermediary (in such capacity, the “Securities Intermediary”) and as depositary bank (in such capacity, the “Depositary Bank”).

Oportun Financial Corp – OPORTUN FUNDING V, LLC FIRST AMENDMENT TO THE SERIES 2015 SUPPLEMENT (July 17th, 2019)

This FIRST AMENDMENT TO THE SERIES 2015 SUPPLEMENT, dated as of November 23, 2015 (this “Amendment”), is entered into among OPORTUN FUNDING V, LLC, a special purpose limited liability company established under the laws of Delaware, as issuer (the “Issuer”), and DEUTSCHE BANK TRUST COMPANY AMERICAS, a New York banking corporation validly existing under the laws of the State of New York, as trustee (in such capacity, the “Trustee”), as securities intermediary (in such capacity, the “Securities Intermediary”) and as depositary bank (in such capacity, the “Depositary Bank”).

Viemed Healthcare, Inc. – FIRST AMENDMENT TO COMMERCIAL (July 10th, 2019)

THIS FIRST AMENDMENT TO COMMERICAL BUSINESS LOAN AGREEMENT FOR TERM LOANS AND LINES OF CREDIT (this “First Amendment”) is dated March 19, 2019, by and among VIEMED, INC., a Delaware corporation (“Viemed”), SLEEP MANAGEMENT, L.L.C. (“Sleep Management”), a Louisiana limited liability company, and HOME SLEEP DELIVERED, L.L.C. (“Home Sleep”), a Louisiana limited liability company (collectively, the “Borrower”), and HANCOCK WHITNEY BANK, a Mississippi state chartered bank, formally known as Whitney Bank (the “Lender”).  The Borrower, Guarantor, if any, and any other person who may be liable now or in the future for any portion of any Loans are referred to as “Obligor”, which term means individually, collectively, and interchangeably any, each and/or all of them.

NV5 Global, Inc. – FIRST AMENDMENT (July 10th, 2019)
NV5 Global, Inc. – FIRST AMENDMENT (July 10th, 2019)
Gladstone Commercial Corp – FIRST AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT AND OTHER LOAN DOCUMENTS (July 9th, 2019)

THIS FIRST AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT AND OTHER LOAN DOCUMENTS (this “Amendment”), dated as of July 2, 2019, by and among GLADSTONE COMMERCIAL LIMITED PARTNERSHIP, a Delaware limited partnership (“Borrower”), GLADSTONE COMMERCIAL CORPORATION, a Maryland corporation (“Parent”), the other “Guarantors” a party hereto (together with Parent, collectively, the “Guarantors”), KEYBANK NATIONAL ASSOCIATION (“KeyBank”), individually and as Agent for itself and the other Lenders from time to time a party to the Credit Agreement (as hereinafter defined) (KeyBank, in its capacity as Agent, is hereinafter referred to as “Agent”), and THE OTHER “LENDERS” WHICH ARE SIGNATORIES HERETO (KeyBank and such Lenders hereinafter referred to collectively as the “Lenders”).

Ohr Pharmaceutical Inc – FIRST AMENDMENT (July 3rd, 2019)

This FIRST AMENDMENT dated as of June 27, 2019 (this “Amendment”), to the Agreement and Plan of Merger and Reorganization, dated as of January 2, 2019 (the “Merger Agreement”), by and among Ohr Pharmaceutical, Inc., a Delaware corporation (“Parent”), Ohr Acquisition Corp., a Delaware corporation and a wholly owned subsidiary of Parent (“Merger Sub”), and NeuBase Therapeutics, Inc., a Delaware corporation (the “Company”).

Melinta Therapeutics, Inc. /New/ – FIRST AMENDMENT (July 1st, 2019)

This FIRST AMENDMENT (this “Amendment”) is entered into as of June 28, 2019, by and among MELINTA THERAPEUTICS, INC., a Delaware corporation (the “Borrower”), the other Loan Parties party hereto and the Lenders party hereto.

Dova Pharmaceuticals Inc. – FIRST AMENDMENT TO THE CO-PROMOTION AGREEMENT by and between (June 27th, 2019)

This First Amendment (this “Amendment”) to the Co-Promotion Agreement is entered into on June 27, 2019 and effective as of July 1, 2019 (the “Amendment Effective Date”) by and between Dova Pharmaceuticals, Inc., a Delaware corporation (“Dova”), and Bausch Health US, LLC, formerly known as Valeant Pharmaceuticals North America LLC, a Delaware limited liability company (collectively, “Valeant”). Dova and Valeant are each referred to individually as a “Party” and together as the “Parties”.

Iovance Biotherapeutics, Inc. – FIRST AMENDMENT (June 21st, 2019)

THIS FIRST AMENDMENT (this “Amendment”) is made and entered into on June 19, 2019, by and between HUDSON SKYWAY LANDING, LLC, a Delaware limited liability company (“Landlord”), and IOVANCE BIOTHERAPEUTICS, INC., a Delaware corporation (“Tenant”).

Zynga Inc – FIRST AMENDMENT (June 14th, 2019)

This CREDIT AGREEMENT is entered into as of December 20, 2018, among ZYNGA INC., a Delaware corporation (the “Borrower”), the Guarantors (defined herein), and BANK OF AMERICA, N.A., as the Lender.

Better Choice Co Inc. – FIRST AMENDMENT TO (June 13th, 2019)

THIS FIRST AMENDMENT to the Registration Rights Agreement (this “Amendment”), dated as of [  ], 2019, is entered into by and among Better Choice Company Inc., a Delaware corporation (the “Company”) and the stockholders of the Company who have executed signature pages hereto (collectively, the “Stockholders” and, together with the Company, the “Parties”).  Capitalized terms used but not defined herein shall have the meanings given to such terms in the Registration Rights Agreement (as defined below).

Kennedy-Wilson Holdings, Inc. – FIRST AMENDMENT TO KENNEDY-WILSON HOLDINGS, INC. SECOND AMENDED AND RESTATED 2009 EQUITY PARTICIPATION PLAN (June 13th, 2019)

THIS FIRST AMENDMENT TO KENNEDY-WILSON HOLDINGS, INC. SECOND AMENDED AND RESTATED 2009 EQUITY PARTICIPATION PLAN (this “First Amendment”) is made and adopted by the Board of Directors (the “Board”) of Kennedy-Wilson Holdings, Inc., a Delaware corporation (the “Company”), on April 25, 2019, effective as of the date of the Company’s 2019 annual meeting of stockholders, provided that it is approved by the Company’s stockholders on that date (the “Effective Date”). All capitalized terms used but not otherwise defined herein shall have the respective meanings ascribed to such terms in the Plan (as defined below).

Zyla Life Sciences – FIRST AMENDMENT TO SECOND AMENDED AND RESTATED BYLAWS OF EGALET CORPORATION (June 6th, 2019)
Sunworks, Inc. – FIRST AMENDMENT TO LOAN AGREEMENT (June 4th, 2019)

This FIRST AMENDMENT TO LOAN AGREEMENT (this “Amendment”) is dated as of June 3, 2019 (the “First Amendment Effective Date”) and is by and between CrowdOut Capital, LLC, a Texas limited liability company (“Lender”), and Sunworks Inc., a Delaware corporation (“Borrower”).

Neuronetics, Inc. – FIRST AMENDMENT TO SECOND AMENDED AND RESTATED BYLAWS OF NEURONETICS, INC. (THE “COMPANY”) (May 30th, 2019)
Educational Development Corp – FIRST AMENDMENT LOAN AGREEMENT (May 29th, 2019)

THIS FIRST AMENDMENT TO LOAN AGREEMENT (this “Amendment”) is made and entered into as of March 10, 2016 (the “Effective Date”), by and between EDUCATIONAL DEVELOPMENT CORPORATION, a Delaware corporation (“Borrower”), and MIDFIRST BANK, a federally charted savings association (“Lender”).

GrubHub Inc. – GRUBHUB INC. FIRST AMENDMENT TO 2015 LONG-TERM INCENTIVE PLAN (May 21st, 2019)

THIS AMENDMENT (this “Amendment”) to the Grubhub Inc. 2015 Long-Term Incentive Plan, is made and adopted by the Board of Directors (the “Board”) of Grubhub Inc., a Delaware corporation (the “Company”), effective as of the Effective Date (as defined below). All capitalized terms used but not otherwise defined herein shall have the respective meanings ascribed to such terms in the Plan (as defined below).

LandStar, Inc. – FIRST AMENDMENT TO BYLAWS OF LANDSTAR, INC. (May 20th, 2019)

In accordance with resolutions adopted by the Board of Directors of LandStar, Inc., a Nevada corporation, (the “Corporation”), the Bylaws of the Corporation, adopted May 7, 1998 (the “Bylaws”) are hereby amended as set forth in this First Amendment to Bylaws, effective May 16, 2019.

Covanta Holding Corp – FIRST AMENDMENT TO THE COVANTA HOLDING CORPORATION 2014 EQUITY AWARD PLAN (May 17th, 2019)

WHEREAS, Covanta Holding Corporation (the “Company”) adopted the Covanta Holding Corporation 2014 Equity Award Plan (the “Plan”) to promote the interests of the Company and its stockholders by using equity interests in the Company to attract, retain and motivate its management, non-employee directors and other eligible persons and to encourage and reward their contributions to the Company’s performance and profitability; and

Triumph Bancorp, Inc. – FIRST AMENDMENT TO THE TRIUMPH BANCORP, INC. 2014 OMNIBUS INCENTIVE PLAN (May 16th, 2019)

THIS FIRST AMENDMENT (the “Amendment”) to the Triumph Bancorp, Inc. Omnibus Incentive Plan (the “Plan”), is made effective as of May 16, 2019 (the “Amendment Effective Date”), by Triumph Bancorp, Inc. (the “Company”), subject to approval by the Company’s shareholders.

KBS Real Estate Investment Trust III, Inc. – FIRST AMENDMENT TO DEED OF LEASE (May 15th, 2019)

THIS FIRST AMENDMENT TO DEED OF LEASE (this "Amendment") is made this 14th day of March, 2019 (the "Effective Date"), by and between KBSIII 3003 WASHINGTON, LLC, a Delaware limited liability company ("Landlord"), and KBS REALTY ADVISORS, LLC, a Delaware limited liability company ("Tenant").

Clearfield, Inc. – FIRST AMENDMENT TO LEASE AGREEMENT (May 15th, 2019)

THIS FIRST AMENDMENT (“1st Amendment”) to Lease Agreement is dated May 9, 2019, by and between FIRST INDUSTRIAL, L.P. (“Landlord”), and Clearfield, Inc., a Minnesota corporation (“Tenant”).

Basic Energy Services Inc – FIRST AMENDMENT TO THE BASIC ENERGY SERVICES, INC. NON-EMPLOYEE DIRECTOR INCENTIVE PLAN (Effective May 14, 2019) (May 15th, 2019)

This First Amendment (the “Amendment”) to the Basic Energy Services, Inc. Non-Employee Director Incentive Plan, as adopted January 6, 2017 (the “Plan”), is made by Basic Energy Services, Inc., a Delaware corporation (the “Company”). Capitalized terms used but not defined herein shall have the meanings assigned to them in the Plan.

Gopher Protocol Inc. – FIRST AMENDMENT TO AGREEMENT (May 13th, 2019)

This First Amendment to Agreement (this “Amendment”), is made as of May 10, 2019, by and between MOBIQUITY TECHNOLOGIES, INC., a New York corporation (“Mobiquity”), and GOPHER PROTOCOL INC., a Nevada corporation (“Gopher”). Mobiquity and Gopher are parties to an Agreement, dated as of August 29, 2018 (the “Agreement”). Capitalized terms used in this Amendment and not otherwise defined shall have the meanings ascribed to such terms in the Agreement.

Global Net Lease, Inc. – FIRST AMENDMENT TO 2018 ADVISOR MULTI-YEAR OUTPERFORMANCE AGREEMENT (May 10th, 2019)

This FIRST AMENDMENT TO THE 2018 ADVISOR MULTI-YEAR OUTPERFORMANCE AGREEMENT (this “Amendment”) made as of and effective as of February 27, 2019, by and among GLOBAL NET LEASE, INC. a Maryland corporation (the “Company”), its subsidiary GLOBAL NET LEASE OPERATING PARTNERSHIP, L.P., a Delaware limited partnership and the entity through which the Company conducts substantially all of its operations (the “Partnership”), and GLOBAL NET LEASE ADVISORS, LLC, a Delaware limited liability company, the Company’s manager (the “Advisor”).

Lightpath Technologies Inc – FIRST AMENDMENT TO LOAN AGREEMENT Dated February 26, 2019 Between LIGHTPATH TECHNOLOGIES, INC., a Delaware corporation and BANKUNITED, N.A., a national banking association Dated as of May 6, 2019 but effective as of February 26, 2019 FIRST AMENDMENT TO LOAN AGREEMENT (May 9th, 2019)

THIS FIRST AMENDMENT TO LOAN AGREEMENT (“First Amendment”) is dated as of May 6, 2019, but effective as of February 26, 2019, by and between LIGHTPATH TECHNOLOGIES, INC., a Delaware corporation, (“Borrower”), and BANKUNITED, N.A., a national banking association (“Lender”).

Athenex, Inc. – FIRST AMENDMENT TO THE AGREEMENT (May 9th, 2019)

THIS FIRST AMENDMENT TO THE AGREEMENT (the “First Amendment”) effective as of March 27, 2018, (the “First Amendment Effective Date”), is by and between Athenex, Inc., a(n) New York Company/Corporation/Sole Proprietor/LLC, having an address at Conventus Building, 1001 Main Street, Suite 600, Buffalo NY 14023 (hereinafter referred to as “Owner”) and M+W U.S., Inc., a Delaware Corporation, having an address at 201 Fuller Road, Suite 401, Albany, New York 12203, (hereinafter referred to as “M+W”).  Capitalized terms used and not otherwise defined herein shall have the meaning set forth in the AGREEMENT (as defined below).