First Amendment Sample Contracts

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

Chegg, Inc – First Amendment (June 5th, 2018)

This First Amendment (the "Amendment") is made and entered into as of June 4, 2018, by and between FREEDOM CIRCLE LLC, a Delaware limited liability company ("Landlord") and CHEGG, INC., a Delaware corporation ("Tenant").

Glowpoint Inc – First Amendment to the Glowpoint, Inc. (June 1st, 2018)

This First Amendment (this "Amendment") to the 2014 Equity Incentive Plan (the "Plan") of Glowpoint, Inc., a Delaware corporation (the "Company"), was adopted by the Company's Board of Directors (the "Board") on April 12, 2018, and shall become effective upon approval by the Company's shareholders on May 31, 2018 (the "Effective Date"). All capitalized terms not otherwise defined herein shall have the meaning set forth in the Plan.

Delek Holdco, Inc. – First Amendment to the Delek Us Holdings, Inc. 2016 Long-Term Incentive Plan (May 31st, 2018)

THIS FIRST AMENDMENT TO THE DELEK US HOLDINGS, INC. 2016 LONG-TERM INCENTIVE PLAN (this "First Amendment") is effective as of May 8, 2018. Capitalized terms used and not defined herein shall have the meanings ascribed to them in the Plan (as defined below), and all section references shall refer to the Plan.

Neighborhood Connections – First Amendment To (May 30th, 2018)

This First Amendment to Employment Agreement (this "Amendment") is made and entered into by and between Apollo Endosurgery, Inc., a Delaware corporation (the "Company"), and Stefanie Cavanaugh ("Executive").

Kraton Performance Polymers Inc – First Amendment to the Kraton Corporation 2016 Equity and Cash Incentive Plan (May 25th, 2018)

WHEREAS, Kraton Corporation (the "Company") has established and maintains the Kraton Corporation 2016 Equity and Cash Incentive Plan ("Plan"); and

TD Ameritrade – First Amendment (May 21st, 2018)

FIRST AMENDMENT, dated as of May 17, 2018 (the Amendment), to the Credit Agreement, dated as of April 21, 2017 (as further amended, restated, supplemented or otherwise modified from time to time, the Credit Agreement), among TD AMERITRADE CLEARING, INC., a Nebraska corporation (the Borrower), the several banks and other financial institutions or entities from time to time parties to the Credit Agreement as Lenders (the Lenders), U.S. BANK NATIONAL ASSOCIATION, as syndication agent, BARCLAYS BANK PLC, TD SECURITIES (USA) LLC, WELLS FARGO BANK, N.A. and INDUSTRIAL AND COMMERCIAL BANK OF CHINA LTD., NEW YORK BRANCH, as co-documentation agents and JPMORGAN CHASE BANK, N.A., as administrative agent (the Administrative Agent).

First Amendment to Bluelinx Holdings, Inc. 2016 Amended and Restated Long-Term Incentive Plan (May 18th, 2018)

WHEREAS, the Board of Directors (the "Board") of the Company adopted, subject to stockholder approval, the Company's 2016 Amended and Restated Long-Term Incentive Plan (the "Plan"); and

Capital One Master Trust – CAPITAL ONE MULTI-ASSET EXECUTION TRUST as Issuer and THE BANK OF NEW YORK MELLON as Indenture Trustee CLASS A(2018-1) TERMS DOCUMENT Dated as of May 16, 2018 TO CARD SERIES INDENTURE SUPPLEMENT Dated as of October 9, 2002, as Amended and Restated as of March 17, 2016 TO ASSET POOL 1 SUPPLEMENT Dated as of October 9, 2002, as Amended by the First Amendment Thereto Dated as of March 1, 2008 to INDENTURE Dated as of October 9, 2002, as Amended and Restated as of January 13, 2006, and March 17, 2016 (May 16th, 2018)

THIS CLASS A(2018-1) TERMS DOCUMENT (this Terms Document), by and between CAPITAL ONE MULTI-ASSET EXECUTION TRUST, a statutory trust created under the laws of the State of Delaware (the Issuer), having its principal office at E. A. Delle Donne Corporate Center, Montgomery Building, 1011 Centre Road, Wilmington, DE 19805 and THE BANK OF NEW YORK MELLON, a New York banking corporation, as Indenture Trustee (the Indenture Trustee), is made and entered into as of May 16, 2018.

Capital One Master Trust – CAPITAL ONE MULTI-ASSET EXECUTION TRUST as Issuer and THE BANK OF NEW YORK MELLON as Indenture Trustee CLASS A(2018-2) TERMS DOCUMENT Dated as of May 16, 2018 TO CARD SERIES INDENTURE SUPPLEMENT Dated as of October 9, 2002, as Amended and Restated as of March 17, 2016 TO ASSET POOL 1 SUPPLEMENT Dated as of October 9, 2002, as Amended by the First Amendment Thereto Dated as of March 1, 2008 to INDENTURE Dated as of October 9, 2002, as Amended and Restated as of January 13, 2006, and March 17, 2016 (May 16th, 2018)

THIS CLASS A(2018-2) TERMS DOCUMENT (this Terms Document), by and between CAPITAL ONE MULTI-ASSET EXECUTION TRUST, a statutory trust created under the laws of the State of Delaware (the Issuer), having its principal office at E. A. Delle Donne Corporate Center, Montgomery Building, 1011 Centre Road, Wilmington, DE 19805 and THE BANK OF NEW YORK MELLON, a New York banking corporation, as Indenture Trustee (the Indenture Trustee), is made and entered into as of May 16, 2018.

Capital One Master Trust – CAPITAL ONE MULTI-ASSET EXECUTION TRUST as Issuer and THE BANK OF NEW YORK MELLON as Indenture Trustee CLASS A(2018-2) TERMS DOCUMENT Dated as of May 16, 2018 TO CARD SERIES INDENTURE SUPPLEMENT Dated as of October 9, 2002, as Amended and Restated as of March 17, 2016 TO ASSET POOL 1 SUPPLEMENT Dated as of October 9, 2002, as Amended by the First Amendment Thereto Dated as of March 1, 2008 to INDENTURE Dated as of October 9, 2002, as Amended and Restated as of January 13, 2006, and March 17, 2016 (May 11th, 2018)

THIS CLASS A(2018-2) TERMS DOCUMENT (this Terms Document), by and between CAPITAL ONE MULTI-ASSET EXECUTION TRUST, a statutory trust created under the laws of the State of Delaware (the Issuer), having its principal office at E. A. Delle Donne Corporate Center, Montgomery Building, 1011 Centre Road, Wilmington, DE 19805 and THE BANK OF NEW YORK MELLON, a New York banking corporation, as Indenture Trustee (the Indenture Trustee), is made and entered into as of May 16, 2018.

Capital One Master Trust – CAPITAL ONE MULTI-ASSET EXECUTION TRUST as Issuer and THE BANK OF NEW YORK MELLON as Indenture Trustee CLASS A(2018-1) TERMS DOCUMENT Dated as of May 16, 2018 TO CARD SERIES INDENTURE SUPPLEMENT Dated as of October 9, 2002, as Amended and Restated as of March 17, 2016 TO ASSET POOL 1 SUPPLEMENT Dated as of October 9, 2002, as Amended by the First Amendment Thereto Dated as of March 1, 2008 to INDENTURE Dated as of October 9, 2002, as Amended and Restated as of January 13, 2006, and March 17, 2016 (May 11th, 2018)

THIS CLASS A(2018-1) TERMS DOCUMENT (this Terms Document), by and between CAPITAL ONE MULTI-ASSET EXECUTION TRUST, a statutory trust created under the laws of the State of Delaware (the Issuer), having its principal office at E. A. Delle Donne Corporate Center, Montgomery Building, 1011 Centre Road, Wilmington, DE 19805 and THE BANK OF NEW YORK MELLON, a New York banking corporation, as Indenture Trustee (the Indenture Trustee), is made and entered into as of May 16, 2017.

Nlight, Inc. – First Amendment to Business Park Lease (May 11th, 2018)

This First Amendment to Business Park Lease (this Amendment) is made as of May 10, 2018 by and between Mittleman North Park, LLC, a Washington limited liability company (Landlord), and NLight, Inc., a Delaware corporation (Tenant).

First Amendment to Newell Rubbermaid Inc. 2013 Incentive Plan (May 10th, 2018)
First Amendment to the Amended And (May 8th, 2018)

This First Amendment to the Amended and Restated Non-Competition and Severance Agreement (this "First Amendment"), is dated to be effective November 10, 2017 (the "Effective Date"), and is by and between Crysteel Manufacturing, Inc. ("Crysteel") and Robert Fines ("Executive"), together the "Parties" to this First Amendment.

First Amendment to Amended and Restated Lease (May 8th, 2018)

This FIRST AMENDMENT TO AMENDED AND RESTATED LEASE (this "First Amendment") is dated as of May 7, 2018 (the "First Amendment Effective Date") and is hereby entered into by and between 125 Middlesex Turnpike, LLC ("Landlord"), a Delaware limited liability company with an address of c/o Mohawk Partners, 104 Park Lane, Concord, Massachusetts, and Novanta Corporation (f/k/a GSI Group Corporation) ("Tenant"), a Michigan corporation with an address of 125 Middlesex Turnpike, Bedford, Massachusetts.

FIRST AMENDMENT TO EXECUTIVE DEFERRAL PLAN OF TRUSTMARK NATIONAL BANK, JACKSON, MISSISSIPPI as Restated Effective as of December 31, 2007 (Group 1) (May 7th, 2018)

Pursuant to the authority granted under Section 9.1 of the Executive Deferral Plan of Trustmark National Bank, Jackson, Mississippi, As Restated Effective as of December 31, 2007 (Group 1) (the "Plan"), and action by the Human Resources Committee of the Board of Directors of Trustmark Corporation, the Plan is hereby amended as set forth below.

FIRST AMENDMENT TO DIRECTORS' FEE PLAN OF TRUSTMARK NATIONAL BANK, JACKSON, MISSISSIPPI as Restated Effective as of December 31, 2007 (May 7th, 2018)

Pursuant to the authority granted under Section 9.1 of the Directors' Fee Plan of Trustmark National Bank, Jackson, Mississippi (As Restated Effective as of December 31, 2007) (the "Plan") and action by the Human Resources Committee of the Board of Directors of Trustmark Corporation, the Plan is hereby amended as set forth below.

Vici Properties Inc. – First Amendment to Golf Course Use Agreement (May 4th, 2018)

THIS FIRST AMENDMENT TO GOLF COURSE USE AGREEMENT (this "First Amendment") is made this 20 day of April, 2018 (the "Effective Date") by and among Rio Secco LLC, Cascata LLC, Chariot Run LLC and Grand Bear LLC, each a Delaware limited liability company (collectively, and together with their respective successors and assigns, "Owner"), and Caesars Enterprise Services, LLC and CEOC, LLC, each a Delaware limited liability company (collectively, and together with their respective successors and assigns, "User"), and, solely for purposes of reaffirming its obligations under Section 2.1(c) of the Use Agreement (as defined below), Caesars License Company, LLC, a Nevada limited liability company ("CLC").

Eclipse Resources Corporation 2014 Long-Term Incentive Plan, as Amended by the First Amendment (May 4th, 2018)
First Amendment To (May 4th, 2018)

The Citrix Systems, Inc. Amended and Restated 2014 Equity Incentive Plan, (the "Plan") is hereby amended by the Board of Directors of Citrix Systems, Inc. (the "Company") as follows:

First Amendment of Lease (May 3rd, 2018)

THIS FIRST AMENDMENT OF LEASE (this "Amendment") is made as of the 15th day of February, 2018 (the "Effective Date"), by 117 KENDRICK DE, LLC, a Delaware limited liability company ("Landlord"), and VERASTEM, INC., a Delaware corporation ("Tenant").

Joinder and First Amendment to Bond Purchase and Covenants Agreement (May 3rd, 2018)

This JOINDER AND FIRST AMENDMENT TO BOND PURCHASE AND COVENANTS AGREEMENT (this "Joinder Agreement") is dated March 1, 2018 (the "Increase Effective Date"), and is made by and among SOUTHERN INDIANA GAS AND ELECTRIC COMPANY, an Indiana corporation (the "Borrower"), each lender party hereto (collectively, the "Lenders" and, individually, a "Lender"), and PNC BANK, NATIONAL ASSOCIATION, in its capacity as administrative agent for the Lenders (the "Administrative Agent"). Capitalized terms used but not otherwise defined herein shall have the respective meanings ascribed to such terms in the Bond Purchase and Covenants Agreement (as defined below).

New Home Co Inc. – First Amendment to the New Home Company Inc. 2014 Long-Term Incentive Plan (May 3rd, 2018)

THIS FIRST AMENDMENT TO THE NEW HOME COMPANY INC. 2014 LONG-TERM INCENTIVE PLAN (this "First Amendment"), dated as of February 12, 2018, is made and adopted by the Board of Directors (the "Board") of The New Home Company Inc., a Delaware corporation (the "Company"). Capitalized terms used but not otherwise defined herein shall have the respective meanings ascribed to them in the Plan (as defined below).

First Amendment to Third Amended and Restated Hyatt Hotels Corporation Long- Term Incentive Plan (May 3rd, 2018)

This First Amendment ("First Amendment") to the Third Amended and Restated Hyatt Hotels Corporation Long-Term Incentive Plan (the "Plan"), is adopted by the Board of Directors (the "Board") of Hyatt Hotels Corporation, a Delaware corporation (the "Company"), effective as of March 21, 2018 (the "Amendment Date"). Capitalized terms used in this First Amendment and not otherwise defined herein shall have the meanings ascribed to such terms in the Plan.