First Amendment Agreement Sample Contracts

Hickok Inc Cl A – Conformed Copy of CREDIT AGREEMENT Dated as of June 1, 2017 Among HICKOK INCORPORATED HICKOK ACQUISITION a LLC SUPREME ELECTRONICS CORP. FEDERAL HOSE MANUFACTURING LLC WAEKON CORPORATION HICKOK OPERATING LLC CAD ENTERPRISES, INC. And JPMORGAN CHASE BANK, N.A. With First Amendment Agreement, Dated July 5, 2018 (July 11th, 2018)

CREDIT AGREEMENT dated as of June 1, 2017 (as it may be amended or modified from time to time, this "Agreement"), among HICKOK INCORPORATED, an Ohio corporation ("Hickok"), HICKOK ACQUISITION A LLC, an Ohio limited liability company, which will be changing its name on or about the Effective Date to Air Enterprises LLC ("Hickok Air Enterprises"), SUPREME ELECTRONICS CORP., a Mississippi corporation ("Supreme"), FEDERAL HOSE MANUFACTURING LLC, an Ohio limited liability company ("Federal"), HICKOK OPERATING LLC, an Ohio limited liability company ("Hickok Operating"), WAEKON CORPORATION, an Ohio corporation ("Waekon"), and CAD ENTERPRISES, INC., an Arizona corporation ("CAD", and together with Hickok, Hickok Air Enterprises, Supreme, Federal, Hickok Operating and Waekon, collectively "Borrowers" and each individually a "Borrower"), the other Loan Parties party hereto, and JPMORGAN CHASE BANK, N.A., as Lender.

2304101 Ontario Inc. – First Amendment Agreement Re: Api Integration & Distribution Agreement (June 14th, 2018)

This is a First Amendment to the Agreement (the "First Amendment Agreement") and is effective from the date of full execution (the "Amendment Effective Date"). This First Amendment Agreement is by and between

First Amendment Agreement (May 16th, 2018)

This FIRST AMENDMENT AGREEMENT (this Agreement) is made and entered into as of May 10, 2018, by and among UNITED STATES CELLULAR CORPORATION, a Delaware corporation (the Borrower), COBANK, ACB, as Administrative Agent (the Administrative Agent), and each of the financial institutions executing this Agreement and identified as a Lender on the signature pages hereto (the Lenders).

Biolabmart Inc. – First Amendment Agreement for Services Agreement Between Qrons and Asi (April 16th, 2018)

This first amendment agreement (this "Amendment Agreement") is entered into as of April 12, 2018 (the "Amendment Effective Date"), by and between Qrons Inc., a company formed under the laws of Wyoming, USA, having a place of business at 1900 Purdy Avenue, #1907, Miami Beach, Florida ("Company") and Ariel Scientific Innovations, Ltd. ("ASI"), a company formed under the laws of the State Israel, having a place of business at Ariel University, Ariel. Company and ASI shall be referred to together in this Amendment Agreement as "the Parties".

First Amendment Agreement (April 13th, 2018)

WHEREAS, the Borrower, the Administrative Agent and the Lenders are parties to that certain Credit and Security Agreement, dated as of December 21, 2017 (as the same may from time to time be amended, restated or otherwise modified, the Credit Agreement);

Forex Development Corp. – First Amendment Agreement (January 22nd, 2018)

THIS FIRST AMENDMENT AGREEMENT ("Agreement") is made and entered into as of the 1st day of August 2017, by and between Atlas Financial Technologies Corp., a Delaware corporation located at 301 S. Missouri Ave., Clearwater, FL 33756 (the "Purchaser"); and Forex Development Corporation, a Delaware corporation located at 115 W 18th St., 2nd Floor, New York, NY 10011 (the "Seller").

Sysorex Global Holdings Corp. – Waiver and First Amendment Agreement (January 9th, 2018)

This FIRST AMENDMENT AGREEMENT (this "Agreement") is made and entered into as of January 5, 2018 ("Amendment Date") by and between Inpixon, a Nevada corporation (the "Company"), and the signatory hereto (the "Holder") holding that certain outstanding Convertible Promissory Note, issued on November 17, 2017 (the "Note") issued pursuant to that Securities Purchase Agreement, dated November 17, 2017 (the "SPA") by and between the Company and the Holder. This Agreement amends the Note and the SPA and the SPA (as defined below) in accordance with Section 9.12 of the SPA and Section 18 of the Note. In this Agreement, the Company and the Holder are sometimes referred to singularly as a "party" and collectively as the "parties". Capitalized terms not otherwise defined herein shall have the meanings set forth in the Note or the SPA (as applicable).

First Amendment Agreement (December 29th, 2017)

The Parties hereby agree that the Agreement is amended as follows and that all other terms and conditions remain the same.

PQ Group Holdings Inc. – First Amendment Agreement (June 9th, 2017)

FIRST AMENDMENT AGREEMENT dated as of November 14, 2016 (this First Amendment) to the Term Loan Credit Agreement dated as of May 4, 2016 (as amended, restated, amended and restated, supplemented or otherwise modified from time to time and immediately prior to the First Amendment Effective Date (as defined below), the Credit Agreement), among PQ Corporation, a Pennsylvania corporation (the Borrower), CPQ Midco I Corporation, a Delaware corporation (Holdings), the Guarantors, JPMorgan Chase Bank, N.A. (JPM), as an Additional Term Lender (as defined below), and Credit Suisse AG, Cayman Islands Branch, as administrative agent (the Administrative Agent) and as collateral agent.

SIFCO Industries, Inc. – First Amendment Agreement (May 5th, 2017)

WHEREAS, the Borrower, the Administrative Agent and the Lenders are parties to that certain Amended and Restated Credit and Security Agreement, dated as of November 9, 2016 (as the same may from time to time be amended, restated or otherwise modified, the "Credit Agreement");

Cotiviti Holdings, Inc. – First Amendment Agreement (May 3rd, 2017)

This FIRST AMENDMENT to the Credit Agreement referred to below, dated as of April 7, 2017 (this "First Amendment"), by and among COTIVITI CORPORATION, a Delaware corporation as a borrower (the "Top Borrower"), COTIVITI DOMESTIC HOLDINGS, INC., a Delaware corporation (a "Borrower" and together with the Top Borrower, the "Borrowers"), COTIVITI INTERMEDIATE HOLDINGS, INC., a Delaware corporation ("Holdings"), certain subsidiaries of the Top Borrower, as Subsidiary Guarantors, the Lenders under the Credit Agreement immediately prior to the First Amendment Effective Date (as defined below) party hereto, each Consenting Lender (as defined below), the Replacement Lender (as defined below) and JPMORGAN CHASE BANK, N.A., as administrative agent and collateral agent (in such capacity, the "Administrative Agent"). Capitalized terms not otherwise defined in this First Amendment have the same meanings as specified in the Credit Agreement (as defined below), as amended by this First Amendment.

First Amendment Agreement (January 24th, 2017)

FIRST AMENDMENT AGREEMENT dated as of January 24, 2017 (this First Amendment) to the Second Amended and Restated Credit Agreement dated as of June 30, 2016 (as amended, restated, amended and restated, supplemented or otherwise modified from time to time and immediately prior to the First Amendment Effective Date (as defined below)) (the Credit Agreement and as amended by this First Amendment, the Amended Credit Agreement), among, inter alia, NRG Energy, Inc., a Delaware corporation (the Borrower), the Lenders from time to time parties thereto and Citicorp North America, Inc., as administrative agent (in such capacity and together with its successors, the Administrative Agent) and as collateral agent (in such capacity and together with its successors, the Collateral Agent).

SIFCO Industries, Inc. – First Amendment Agreement (August 9th, 2016)

WHEREAS, the Borrower, the Administrative Agent and the Lenders are parties to that certain Credit and Security Agreement, dated as of June 26, 2015 (as the same may from time to time be amended, restated or otherwise modified, the "Credit Agreement");

FS Energy & Power Fund – First Amendment Agreement to U.S. Pb Agreement (May 10th, 2016)

AMENDMENT AGREEMENT ("Amendment") dated as of May 4, 2016 to the U.S. PB Agreement dated as of December 11, 2013 (the "Agreement") between BNP Paribas Prime Brokerage, Inc., on behalf of itself and as agent for the BNPP Entities ("BNPP PB, Inc.") and Berwyn Funding LLC ("Customer").

First Amendment Agreement (May 5th, 2016)

THIS TERM LOAN AGREEMENT is dated as of August 14, 2014, among UNITED NATURAL FOODS, INC., a Delaware corporation ("UNFI"), ALBERT'S ORGANICS, INC., a California corporation ("Albert's" and, together with UNFI, collectively, "Borrowers"), the financial institutions party to this Agreement from time to time as lenders (collectively, "Lenders"), and BANK OF AMERICA, N.A., a national banking association, as administrative agent for the Lenders ("Administrative Agent") and as Lead Arranger and Bookrunner.

First Amendment Agreement (February 25th, 2016)

WHEREAS, the Borrower, the Administrative Agent and the Lenders are parties to that certain Credit and Security Agreement, dated as of September 9, 2015, that provides, among other things, for loans and letters of credit upon certain terms and conditions (as the same may from time to time be amended, restated or otherwise modified, the "Credit Agreement");

Synergy CHC Corp. – AMENDMENT TO FIRST AMENDMENT AGREEMENT Entered Into as of the 3rd Day of December, 2015 (The "Amendment"). (December 9th, 2015)

BETWEEN: KNIGHT THERAPEUTICS (BARBADOS) INC., a corporation formed under the laws of Barbados; (hereinafter called the "Lender") AND: SYNERGY CHC CORP., a corporation formed under the laws of the State of Nevada; (hereinafter called the "Synergy")

First Amendment Agreement (November 9th, 2015)

This First Amendment Agreement (this Amendment) is entered into this 6th day of August, 2015, by and between (i) SILICON VALLEY BANK, a California corporation (Bank), and (ii) RUBICON TECHNOLOGY, INC., a Delaware corporation (Borrower).

First Amendment Agreement (November 5th, 2015)

This First Amendment Agreement (this "Agreement"), is made and entered into as of October 30, 2015, by and between QC HOLDINGS, INC., a Kansas corporation (the "Borrower"), the Lenders that are parties hereto (being hereinafter referred to individually as a "Lender" or collectively as the "Lenders"), and U. S. BANK NATIONAL ASSOCIATION, in its capacity as Agent (the "Agent").

First Amendment Agreement (October 22nd, 2015)

WHEREAS, the Borrower, the Administrative Agent and the Lenders are parties to that certain Credit and Security Agreement, dated July 8, 2014, as amended and restated as of April 28, 2015, that provides, among other things, for loans and letters of credit aggregating Two Hundred Million Dollars ($200,000,000), all upon certain terms and conditions (as the same may from time to time be further amended, restated or otherwise modified, the Credit Agreement);

Vermont Pure Holdings, Ltd. – First Amendment Agreement (September 18th, 2015)

FIRST AMENDMENT AGREEMENT (this "Amendment"), dated as of September 16, 2015 and effective as of the Amendment Effective Date, by and among Crystal Rock Holdings, Inc., formerly known as Vermont Pure Holdings, Ltd. ("Holdings"), Crystal Rock LLC ("Crystal Rock", and together with Holdings, collectively, the "Borrowers"), Bank of America, N.A. ("Bank of America") and the other lending institutions party to the Credit Agreement (as defined below) as lenders (together with Bank of America, collectively, the "Lenders"), and Bank of America, as administrative agent (the "Administrative Agent") for itself and the other Lenders with respect to that certain Second Amended and Restated Credit Agreement dated as of May 20, 2015 (as amended, supplemented or otherwise modified from time to time, the "Credit Agreement").

First Amendment Agreement (June 16th, 2015)

This First Amendment Agreement (this Amendment) is entered into this 16th day of June, 2015, by and among BENEFITFOCUS, INC., a Delaware corporation (the Parent), BENEFITFOCUS.COM, INC., a South Carolina corporation (Benefitfocus.com), BENEFIT INFORMATICS, INC., a Delaware corporation (Benefit Informatics), and BENEFITSTORE, INC., a South Carolina corporation (BenefitStore, and together with the Parent, Benefitfocus.com and Benefit Informatics, each individually, a Borrower, and collectively, the Borrowers), the several banks and other financial institutions or entities party hereto (each a Lender and, collectively, the Lenders), and SILICON VALLEY BANK, as administrative agent and collateral agent for the Lenders (in such capacity, the Administrative Agent).

FS Investment Corp III – First Amendment Agreement (March 13th, 2015)

AMENDMENT AGREEMENT ("Amendment") dated as of March 11, 2015 to the Committed Facility Agreement dated as of October 17, 2014 between BNP Paribas Prime Brokerage, Inc., on behalf of itself and as agent for the BNPP Entities ("BNPP PB, Inc.") and Burholme Funding LLC ("Customer").

First Amendment Agreement (December 16th, 2014)

WHEREAS, the Borrower, the Administrative Agent and the Lenders are parties to that certain Credit and Security Agreement, dated as of July 8, 2014, that provides, among other things, for loans and letters of credit aggregating One Hundred Million Dollars ($100,000,000), all upon certain terms and conditions (as the same may from time to time be amended, restated or otherwise modified, the Credit Agreement);

First Amendment Agreement (December 12th, 2014)

FIRST AMENDMENT AGREEMENT, dated as of October 23, 2014 (this "Amendment"), to the Credit Agreement, dated as of January 23, 2014 (the "Credit Agreement"), among (1) CHC GROUP LTD., an exempted company incorporated with limited liability under the laws of the Cayman Islands, as the Parent Guarantor, (2) 6922767 HOLDING S.A R.L., a private limited company (societe a responsabilite limitee) incorporated under the laws of the Grand Duchy of Luxembourg ("Luxembourg") whose registered office is located at 6, Rue Eugene Ruppert, L - 2453 Luxembourg, registered with the Luxembourg Register of Commerce and Companies ("R.C.S. Luxembourg") under number B 136762, as Company, (3) CHC HELICOPTER HOLDING S. A R.L., a private limited liability company (societe a responsabilite limitee) incorporated under the laws of the Luxembourg whose registered office is located at 6, Rue Eugene Ruppert, L - 2453 Luxembourg, registered with the R.C.S. Luxembourg under number B155574, as Holdco, (4) CHC HELICOPTER

Mercury Insurance Group – First Amendment Agreement (December 8th, 2014)

THIS FIRST AMENDMENT AGREEMENT, dated as of December 3, 2014 (this "Amendment"), is among MERCURY GENERAL CORPORATION (the "Borrower"), the various financial institutions parties hereto (collectively, the "Lenders") and BANK OF AMERICA, N.A., as administrative agent (the "Administrative Agent"). Terms defined in the Credit Agreement (as defined below) are, unless otherwise defined herein or the context otherwise requires, used herein as defined therein.

First Amendment Agreement (November 13th, 2014)

AMENDMENT AGREEMENT (Amendment) dated as of November 6, 2014 to the Amended and Restated Committed Facility Agreement dated August 29, 2013 between BNP Paribas Prime Brokerage, Inc., on behalf of itself and as agent for the BNPP Entities (BNPP PB, Inc.) and Paris Funding LLC (Customer).

FS Energy & Power Fund – First Amendment Agreement (August 21st, 2014)

AMENDMENT AGREEMENT ("Amendment") dated as of August 18, 2014 to the Committed Facility Agreement dated as of December 11, 2013 between BNP Paribas Prime Brokerage, Inc., on behalf of itself and as agent for the BNPP Entities ("BNPP PB, Inc.") and Berwyn Funding LLC ("Customer").

Form of First Amendment Agreement (June 3rd, 2014)

This First Amendment Agreement (this "Agreement") is entered into as of May 30, 2014, by and between VeriTeQ Corporation (f/k/a Digital Angel Corporation), a Delaware corporation with offices located at 220 Congress Park Drive, Suite 200, Delray Beach, Florida 33445 (the "Company"), and the investor signatory hereto (the "Investor"), with reference to the following facts:

VTTI Energy Partners LP – THIS FIRST AMENDMENT AGREEMENT (The Amendment Agreement) Is Made on 15 September 2010 BETWEEN: WHEREAS: NOW THEREFORE It Is Agreed as Follows: (May 29th, 2014)

IN WITNESS WHEREOF the Client and the Company have caused this Amendment Agreement to be executed by their duly authorised representatives, as of the date first above written.

First Amendment Agreement (May 28th, 2014)

THIS SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT is dated as of May 24, 2012, among UNITED NATURAL FOODS, INC., a Delaware corporation ("UNFI"), UNITED NATURAL FOODS WEST, INC., a California corporation ("UNFW"), UNITED NATURAL TRADING CO., a Delaware corporation<1> ("UNT" and, together with UNFI and UNFW, collectively, "U.S. Borrowers"), UNFI CANADA, INC., a corporation organized under the Canada Business Corporations Act ("Canadian Borrower" and, together with U.S. Borrowers, collectively, "Borrowers"), the financial institutions party to this Agreement from time to time as lenders (collectively, "Lenders"), BANK OF AMERICA, N.A., a national banking association, as administrative agent for the Lenders ("Administrative Agent"), BANK OF AMERICA, N.A. (acting through its Canada branch), as Canadian agent for the Lenders ("Canadian Agent"), JPMORGAN CHASE BANK, N.A., as Syndication Agent, ROYAL BANK OF CANADA and U.S. BANK NATIONAL ASSOCIATION, as Co-Documentation Agents, an

Cvsl Inc. – First Amendment Agreement to Credit and Security Agreement (May 22nd, 2014)

This FIRST AMENDMENT AGREEMENT (this Amendment), dated as the First Amendment Closing Date (as defined below), is by and between THE LONGABERGER COMPANY, an Ohio corporation (Borrower), and KEYBANK NATIONAL ASSOCIATION, a national banking association (Lender).

First Amendment Agreement (May 7th, 2014)

This FIRST AMENDMENT AGREEMENT, dated as of May 6, 2014 (this "Agreement"), is entered into by and among RAYONIER INC., a North Carolina corporation ("Rayonier"), RAYONIER TRS HOLDINGS INC., a Delaware corporation ("TRS") and RAYONIER OPERATING COMPANY LLC, a Delaware limited liability company ("ROC"; each of Rayonier, TRS and ROC being referred to herein individually as a "Borrower", and collectively as the "Borrowers"), the several banks, financial institutions and other institutional lenders party hereto and COBANK, ACB ("CoBank"), as administrative agent (in such capacity, the "Administrative Agent").

Shenandoah Telecommunications Co – First Amendment Agreement (May 2nd, 2014)

This FIRST AMENDMENT AGREEMENT (this "Agreement") is made and entered into as of January 30, 2014 and effective as of January 1, 2014, by and among SHENANDOAH TELECOMMUNICATIONS COMPANY, a Virginia corporation ("Borrower"), each of the subsidiaries of Borrower identified as guarantors on the signature pages hereto (individually, a "Guarantor" and, collectively, the "Guarantors"; and together with Borrower, individually a "Loan Party" and, collectively, the "Loan Parties"), COBANK, ACB, as Administrative Agent ("Administrative Agent"), and each of the financial institutions executing this Agreement and identified as a Lender on the signature pages hereto (the "Lenders").

First Amendment Agreement (December 10th, 2013)

This First Amendment Agreement (this Amendment) is entered into this ninth day of December, 2013, by and between (i) SILICON VALLEY BANK, a California corporation (Bank), and (ii) LYRIS, INC., a Delaware corporation with a principal place of business located at 6401 Hollis Street, Suite 125, Emeryville, California 94608 (Lyris), LYRIS TECHNOLOGIES, INC., a Delaware corporation (Technologies) and COMMODORE RESOURCES (NEVADA), INC., a Nevada corporation (Commodore, and together with Lyris and Technologies, individually and collectively, jointly and severally, the Borrower).