First Amendment Sample Contracts

Zoned Properties, Inc. – FIRST AMENDMENT TO Licensed Medical Marijuana Facility Triple Net (NNN) LEASE AGREEENT (January 3rd, 2019)

This First Amendment to the Licensed Medical Marijuana Facility Triple Net (NNN) Lease Agreement (the "Amendment") is made this 1st day of January, 2019, by and between Chino Valley Properties, LLC (the "Landlord") and Broken Arrow Herbal Center, Inc. (the "Tenant"), collectively (the "Parties").

Pioneer Financial Services Inc – First Amendment to Exhibit B to the Fifth Amended and Restated (December 26th, 2018)

THIS FIRST AMENDMENT TO EXHIBIT B TO THE FIFTH AMENDED AND RESTATED NON-RECOURSE LOAN SALE AND MASTER SERVICES AGREEMENT (this "First Amendment"), dated as of December 6, 2017, is made by and between MidCountry Bank, FSB ("MidCountry Bank") and Pioneer Financial Services, Inc., a Missouri corporation, Pioneer Funding, Inc., a Nevada corporation, Pioneer Services Corp., a Missouri corporation, and Pioneer Services Sales Finance, Inc., a Nevada corporation (each a "Purchaser" and, collectively, "Purchasers" or "Pioneer").

Reliant Holdings, Inc. – First Amendment to Lock-Up Agreement (December 17th, 2018)

This First Amendment To Lock-Up Agreement, dated as of December 5, 2017 (this "Agreement") and effective as of November 7, 2017 (the "Effective Date"), amends that certain Lock-Up Agreement (the "Lock-Up") made and entered into as of November 7, 2017, by and among the individuals and entities who have signed a form of page 4 of this Agreement below (each a "Signature Page" and each party, a "Shareholder", and collectively, the "Shareholders") and Reliant Holdings, Inc., a Nevada corporation (the "Company").

Nordson Corporation – FIRST AMENDMENT TO NORDSON CORPORATION EXCESS DEFINED CONTRIBUTION RETIREMENT PLAN (November 1, 1987 Restatement) (December 14th, 2018)

The Nordson Corporation Excess Defined Contribution Retirement Plan (hereinafter referred to as the "Plan"), as originally established for the benefit of certain designated salaried employees effective as of November 1, 1985, and amended and restated in its entirety effective as of November 1, 1987, is hereby amended further, effective as January 1, 1988, to provide as follows:

Star Gas Partners, L.P. – First Amendment and Waiver (December 14th, 2018)

FIRST AMENDMENT AND WAIVER, dated as of December 12, 2018 (this "Amendment"), to the FOURTH AMENDED AND RESTATED CREDIT AGREEMENT, dated as of July 2, 2018 (as may be further amended, restated, supplemented or otherwise modified from time to time, the "Credit Agreement"), among PETROLEUM HEAT AND POWER CO., INC., a Minnesota corporation (the "Borrower"), the other Loan Parties (as defined therein) party thereto, the lenders from time to time parties thereto (the "Lenders"), JPMORGAN CHASE BANK, N.A., as administrative agent (the "Administrative Agent"), and the other parties named therein.

Hewlett Packard Enterprise Co – FIRST AMENDMENT to the HEWLETT PACKARD ENTERPRISE COMPANY SEVERANCE AND LONG- TERM INCENTIVE CHANGE IN CONTROL PLAN FOR EXECUTIVE OFFICERS (December 12th, 2018)

Subject to certain inapplicable limitations, Section 11 of the Hewlett Packard Enterprise Company Severance and Long-Term Incentive Change in Control Plan for Executive Officer (the "SPEO") provides that the Plan may be amended at any time by action of either the Board of Directors of Hewlett Packard Enterprise Company (the "Board") or the HR and Compensation Committee of the Board (the "Committee"). In accordance with the authority granted by Section 11 of the SPEO and the approval provided by the Committee, the SPEO is hereby amended as follows:

Zayo Group Holdings, Inc. – First Amendment to Amended and Restated (December 7th, 2018)

This First Amendment to Amended and Restated Employment Agreement (this "Amendment") is made and entered into effective December 5, 2018 (the "Amendment Effective Date"), by and between Zayo Group, LLC, a Delaware limited liability company (the "Company") and Matt Steinfort ("Executive"). Capitalized terms not otherwise defined herein shall have the meaning assigned to such terms in the Employment Agreement (defined below).

Ardent Health Partners, LLC – First Amendment to Master Lease (December 4th, 2018)
Casual Male Retail Group – DXL GROUP First Amendment to Second Amended and Restated Destination XL Group, Inc. Long-Term Incentive Plan (November 30th, 2018)

. Destination XL Group, Inc. (the "Company") hereby establishes this First Amendment to Second Amended and Restated Destination XL Group, Inc. Long-Term Incentive Plan (the "Plan") for the purpose of supporting the Company's ongoing efforts to attract, retain and develop exceptional talent and enable the Company to provide incentives directly linked to the Company's short and long-term objectives and increases in shareholder value.

ReWalk Robotics Ltd. – FIRST AMENDMENT (This "Warrant Amendment") Dated November 20, 2018 To: (November 21st, 2018)

that certain Warrant to Purchase Shares of ReWalk Robotics Ltd. (the "Company") issued to Kreos Capital V (Expert Fund) L.P. ("Holder", and together with the Company, the "Parties"), dated as of December 30, 2015.

Virgin Trains USA LLC – First Amendment to Garage Lease (November 16th, 2018)

This First Amendment to Garage Lease ("First Amendment") is entered into by and between WPB ROSEMARY LLC, a Delaware limited liability company ("Landlord") and ALL ABOARD FLORIDA - OPERATIONS LLC, a Delaware limited liability company ("Tenant") as of this 19th day of December, 2017. Unless otherwise defined herein, all capitalized terms used in this First Amendment shall have the same meanings assigned to the same in the Garage Lease (as hereinafter defined).

International Stem Cell CORP – First Amendment to International Stem Cell Corporation Promissory Note (November 15th, 2018)
World Financial Network Credit Card Master Note Trust – First Amendment to Series 2018-B Indenture Supplement (November 8th, 2018)

This FIRST AMENDMENT TO SERIES 2018-B INDENTURE SUPPLEMENT, dated as of November 7, 2018 (this "Amendment"), is made between World Financial Network Credit Card Master Note Trust, as Issuer (the "Issuer"), and MUFG Union Bank, N.A. ("MUFG"), formerly known as Union Bank, N.A., as successor in interest to The Bank of New York Mellon Trust Company, N.A., formerly known as The Bank of New York Trust Company, N.A., as Indenture Trustee (in such capacity, the "Indenture Trustee") under the Master Indenture, dated as of August 1, 2001 (as further amended from time to time prior to the date hereof, the "Master Indenture"), between the Issuer and the Indenture Trustee, to the Indenture Supplement for the 2018-B Notes (the "Indenture Supplement"), dated as of September 27, 2018, between the Issuer and the Indenture Trustee, and acknowledged and accepted by Comenity Bank, formerly known as World Financial Network Bank, as Servicer, and WFN Credit Company, LLC, as Transferor. Capitalized terms us

First Amendment To (November 7th, 2018)

NOW, THEREFORE, the Plan is hereby amended effective as of and conditioned upon closing of the transactions contemplated by that certain Membership Interest Purchase Agreement by and among the Company, Federal-Mogul LLC, American Entertainment Properties Corp., and Icahn Enterprises L.P. dated April 10, 2018, in the following particulars:

Tremont Mortgage Trust – First Amendment to Fee Agreement (November 7th, 2018)

FIRST AMENDMENT TO FEE AGREEMENT, dated as of November 6, 2018 (this Amendment), by and among CITIBANK, N.A., a national banking association (together with its successors and/or assigns, Buyer) and TRMT CB LENDER LLC, a Delaware limited liability company (Seller). Capitalized terms used but not otherwise defined herein shall have the meanings given to them in the Repurchase Agreement (defined below) or the Fee Agreement (defined below).

Carvana Co. – First Amendment (November 7th, 2018)

FIRST AMENDMENT, dated as of November 2, 2018 (this "Amendment"), to the Master Transfer Agreement, dated as of November 3, 2017 (the "Master Transfer Agreement"), between SONORAN AUTO RECEIVABLES TRUST 2017-1, a Delaware statutory trust (the "Trust") and CARVANA AUTO RECEIVABLES 2016-1 LLC, a Delaware limited liability company (the "Transferor").

First Amendment (November 6th, 2018)

THIS FIRST AMENDMENT (the "Amendment") is made and entered into as of the ___ day of March, 2017, by and between PS Business Parks, L.P., a California limited partnership ("Landlord"), and Luminex Corporation; a Delaware corporation ("Tenant").

USA Compression Partners Lp – First Amendment to the Usa Compression Partners, Lp 2013 Long-Term Incentive Plan (November 6th, 2018)

THIS FIRST AMENDMENT (the "First Amendment") to the USA Compression Partners, LP 2013 Long-Term Incentive Plan, as amended from time to time (the "Plan"), has been adopted by USA Compression GP, LLC, a Delaware limited liability company (the "Company") and the general partner of USA Compression Partners, LP, a Delaware limited partnership (the "Partnership"). Capitalized terms used but not defined herein shall have the meanings assigned to them in the Plan.

Engility Holdings, Inc. – FIRST AMENDMENT TO THE ENGILITY HOLDINGS, INC. AMENDED AND RESTATED SEVERANCE PLAN Dated as of September 9, 2018 (October 31st, 2018)

WHEREAS, the Compensation Committee of the Board of Directors (the "Committee") of Engility Holdings, Inc. (the "Company"), previously adopted the Amended and Restated Severance Plan (the "Plan") effective as of March 15, 2017;

Ardent Health Partners, LLC – First Amendment to Master Lease (October 26th, 2018)
EQT GP Holdings, LP – First Amendment to Gas Gathering and Compression Agreement (October 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."

Eqt Midstream Partners Lp – First Amendment to Gas Gathering and Compression Agreement (October 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."

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.

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").