First Amendment Agreement Sample Contracts

Share Cite Term
Link

Embed (HTML)
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).

Ignite Restaurant Group Inc. – First Amendment Agreement (November 5th, 2013)

WHEREAS, the Borrower, the Administrative Agent and the Lenders are parties to that certain Amended and Restated Credit and Security Agreement, dated as of April 9, 2013, that provides, among other things, for loans and letters of credit aggregating One Hundred Fifty Million Dollars ($150,000,000), 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 Dated as of 16 August 2013. (October 29th, 2013)
Chrysler Group LLC – Assignment and First Amendment Agreement (June 21st, 2013)

ASSIGNMENT AND FIRST AMENDMENT AGREEMENT, dated as of June 21, 2013 (this Amendment), among Chrysler Group LLC, a Delaware limited liability company (the Company), the financial institutions and other entities party hereto and identified in the Funding Memorandum (referred to below) as Continuing Lenders (the Continuing Lenders), and Citibank, N.A., as administrative agent (the Administrative Agent) and collateral agent (the Collateral Agent), under the Credit Agreement, dated as of May 24, 2011 (the Credit Agreement), among the Company, certain subsidiaries of the Company, as borrowing subsidiaries, the financial institutions and other entities party thereto, in their respective capacities as parties to the Credit Agreement (the Original Lenders), the Administrative Agent and the Collateral Agent. Capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the Credit Agreement.

FIRST AMENDMENT AGREEMENT TO Note Purchase Agreement Dated as of January 25, 2013 (June 7th, 2013)

Reference is made to the Note Purchase Agreement dated as of January 25, 2013 among UTi Worldwide Inc., an international business company incorporated under the laws of the British Virgin Islands with IBC No. 141257 (the Company), each of the Subsidiary Guarantors party thereto, and the Purchasers named in Schedule A thereto (the Existing Note Purchase Agreement), pursuant to which U.S.$150,000,000 aggregate principal amount of its 4.10% Senior Unsecured Guaranteed Notes, Series A, due February 1, 2022 (the Series A Notes) and U.S.$50,000,000 aggregate principal amount of its 3.50% Senior Unsecured Guaranteed Notes, Series B, due February 1, 2020 (the Series B Notes and together with the Series A Notes, the Notes) were issued and are currently outstanding. The Existing Note Purchase Agreement, as amended hereby, is referred to as the Note Purchase Agreement.

Mod-Pac Corp. – First Amendment Agreement (May 29th, 2013)

This FIRST AMENDMENT AGREEMENT (this "Amendment") is made as of the 28th day of May, 2013, to be effective in accordance with Section 5 hereof, between MOD-PAC CORP., a New York Corporation with its principal place of business at 1801 Elmwood Avenue, Buffalo New York 14207 ("Borrower") and MANUFACTURERS AND TRADERS TRUST COMPANY, a New York banking corporation, with a place of business at One Fountain Plaza, Buffalo, New York 14203 (together with its successors and/or assigns the "Lender").

Seneca Foods Corp – First Amendment Agreement (May 23rd, 2013)

FIRST AMENDMENT AGREEMENT (this "Agreement") dated as of August 1, 2011 by and among (1) Seneca Foods Corporation, Seneca Snack Company and Seneca Foods, LLC (collectively, the "Borrowers"), (2) Marion Foods, Inc., Lebanon Valley Cold Storage, LLC and Lebanon Valley Cold Storage, LP (collectively, the "Guarantors"), (3) the financial institutions party to the Loan and Security Agreement (as defined below) as lenders (collectively, the "Lenders" and individually, a "Lender"), and (4) Bank of America, N.A. ("Bank of America") as agent (the "Agent") for the Lenders and as Issuing Bank with respect to a certain Second Amended and Restated Loan and Security Agreement dated as of July 20, 2011, by and among the Borrowers, the Guarantors, the Lenders, the Agent, the Issuing Bank and RBS Citizens, NA. as Syndication Agent (the "Loan and Security Agreement").

First Amendment Agreement (May 7th, 2013)

FIRST AMENDMENT AGREEMENT dated as of February 6, 2013 (this "First Amendment") to (a) the Amended and Restated Credit Agreement dated as of July 1, 2011 (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, 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"), and (b) the Second Amended and Restated Collateral Trust Agreement dated as of July 1, 2011 (as further amended, restated, amended and restated, supplemented or otherwise modified from time to time and immediately prior to the First Amendment Effective Date, the "Collateral Trust

First Amendment Agreement (March 20th, 2013)

WHEREAS, the Borrower, the Guarantor, the Agent and the Lenders are parties to that certain Credit Agreement, dated as of June 29, 2012, that provides, among other things, for loans aggregating Seventy-Five Million Canadian Dollars (CAD 75,000,000), all upon certain terms and conditions (as the same may from time to time be amended, restated or otherwise modified, the Credit Agreement);