FIRST AMENDMENT AGREEMENT AMENDMENT AGREEMENT ("Amendment") dated as of June 12, 2014 to the Second Amended and Restated Committed Facility Agreement dated October 8, 2013 between BNP Paribas Prime Brokerage International, Ltd. ("PBL") and First Trust...First Amendment Agreement • June 19th, 2017 • First Trust Energy Income & Growth Fund • New York
Energy Savings Performance Contracting ServicesFirst Amendment Agreement • April 18th, 2018
This First Amendment Agreement (the “Amendment”) is made as of the 26th day of September, 2016, by and between Noresco, LLC (the “Contractor”), with a principal place of business One Research Drive, Suite 400C, Westborough, MA 01581, acting by David G. Mannherz, its Executive Vice President, duly authorized, and the State of Connecticut, Department of Administrative Services (“DAS”), with a principal place of business at 165 Capitol Ave, Hartford, Connecticut, acting by Paul Greco, its Contract Specialist, duly authorized, in accordance with Sections 4a-2(2), 4a-51, 4a-57 and 4a-59 of the Connecticut General Statutes.
AMENDMENT TO FIRST AMENDMENT AGREEMENT entered into as of the 3rd day of December, 2015 (the “Amendment”).First Amendment Agreement • September 20th, 2021 • Synergy CHC Corp. • Medicinal chemicals & botanical products • Quebec
WHEREAS Synergy (then known as Synergy Strips Corp.) and the Lender are parties to that certain loan agreement (as amended by the First Amendment, the “Loan Agreement”) made as of the 21st day of January, 2015, pursuant to which the Lender has extended a loan to Synergy in the principal amount of Six Million United States Dollars (US$6,000,000) as amended by a first amendment to the loan agreement made as of November 12, 2015 (the “First Amendment”) pursuant to which the Lender has extended an additional loan to Synergy in the principal amount of Five Million Five Hundred Thousand United States Dollars (US$5,500,000) (the “Additional Loan”);
FIRST AMENDMENT AGREEMENTFirst Amendment Agreement • December 3rd, 2020 • PET Acquisition LLC • Retail-retail stores, nec • New York
REVOLVING CREDIT AGREEMENT, dated as of January 26, 2016 (as amended, amended and restated, supplemented or otherwise modified from time to time, this “Agreement”), among initially PET ACQUISITION MERGER SUB LLC, a Delaware limited liability company (“Merger Sub” and in its capacity as the initial borrower hereunder, the “Initial Borrower”, and after the assignment of the obligations of Initial Borrower on the Closing Date pursuant to Section 10.23 and the Merger and the LLC Conversion have been completed, in its capacity as Holdings hereunder, “Holdings”) and after the consummation of the Merger, and upon assumption of the Initial Borrower’s Obligations hereunder pursuant to Section 10.23, PETCO ANIMAL SUPPLIES, INC., a Delaware corporation (the “Successor Borrower”), the Lenders and other Issuing Banks party hereto from time to time and CITIBANK, N.A., as administrative agent (in such capacity, and as further defined in Section 1.01, the “Administrative Agent”), and as collateral age
FIRST AMENDMENT AGREEMENTFirst Amendment Agreement • February 27th, 2009 • MCG Capital Corp • New York
FIRST AMENDMENT AGREEMENT, dated as of February 26, 2009 (this “Agreement”), is entered into by and among MCG CAPITAL CORPORATION, a Delaware corporation (the “Company”), and the holders of the Notes party hereto relating to the Note Purchase Agreement, dated as of October 3, 2007 (the “Note Purchase Agreement”), between the Company and each of the purchasers listed therein pursuant to which the Company issued $25,000,000 aggregate principal amount of its 6.71% Series 2007-A Senior Notes due October 3, 2012 (the “Notes”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings set forth in the Note Purchase Agreement.
FIRST AMENDMENT AGREEMENTFirst Amendment Agreement • October 15th, 2001 • Pathnet Telecommunications Inc • Telephone communications (no radiotelephone) • New York
THIS FIRST AMENDMENT AGREEMENT (this "Amendment"), dated as of February 26, 2001, is made between Pathnet Operating, Inc., a Delaware corporation ("Borrower") and Cisco Systems Capital Corporation , a Nevada corporation ("Lender").
BY AND BETWEEN COUNTY OF HUMBOLDT ANDFirst Amendment Agreement • February 2nd, 2023
This First Amendment to the Agreement for Consultant Services dated April 24, 2018, by and between the County of Humboldt, a political subdivision of the State of California, hereinafter referred to as “COUNTY,” and Quincy Engineering, Inc., a California corporation, as assigned to Consor North America, Inc., an Illinois corporation, hereinafter referred to as “CONSULTANT,” is entered into this day of
FIRST AMENDMENT AGREEMENTFirst Amendment Agreement • May 12th, 2015 • Banro Corp • Gold and silver ores
WHEREAS the Parties hereto entered into a gold purchase and sale agreement (tranche 2) dated as of February 27, 2015 among Twangiza Mining S.A., as Seller (as defined therein), Banro Corporation and Twangiza GFSA Holdings, as Purchaser (as defined therein), with a Closing Date (as defined therein) of the date hereof (the “Purchase Agreement”).
MERCHANT PROCESSING AGREEMENTFirst Amendment Agreement • March 29th, 2005 • Heartland Payment Systems Inc • Services-business services, nec • Ohio
This Merchant Processing Agreement, together with Schedules A and B attached hereto and incorporated herein (“Agreement”) is made and entered into this 1st day of, April, 2002 by and between KeyBank National Association, a national bank with its principal office located in Cleveland, Ohio (“KeyBank” ), and Heartland Payment Systems Inc. (“HPS”), a Delaware Corporation with its principal office located in Princeton, New Jersey.
FIRST AMENDMENT AGREEMENTFirst Amendment Agreement • April 4th, 2023 • Meta Materials Inc. • Semiconductors & related devices • Nevada
This FIRST AMENDMENT AGREEMENT, dated as of September 2, 2022 (this “Amendment”), is entered into among the undersigned with respect to that certain 8% Secured Promissory Note, dated October 1, 2021 (as amended from time to time, the “Secured Note”), made by Next Bridge Hydrocarbons, Inc. (f/k/a Oilco Holdings, Inc.), a Nevada corporation (the “Borrower”), in favor of Meta Materials, Inc., a Nevada corporation (the “Holder”). As used in this Amendment, capitalized terms which are not defined herein shall have the meaning ascribed to such terms in the Secured Note.
ALON REFINING LOUISIANA, INC. ALON REFINING KROTZ SPRINGS, INC. First Amendment Agreement Dated as of April 9, 2009First Amendment Agreement • August 6th, 2009 • Alon USA Energy, Inc. • Petroleum refining • New York
This First Amendment Agreement, dated as of April 9, 2009 (this “Agreement”), is by and among ALON REFINING LOUISIANA, INC., a corporation organized and existing under the laws of the State of Delaware (“Holdings”), ALON REFINING KROTZ SPRINGS, INC., a corporation organized and existing under the laws of the State of Delaware (the “Borrower”), each of the Lenders (as defined below) which is a signatory to this Agreement and identified as a “Lender” on the signature pages hereto and WELLS FARGO BANK, NATIONAL ASSOCIATION, as successor to Credit Suisse, Cayman Islands Branch, in its capacity as administrative agent and collateral agent (together with its successors and assigns in such capacities, the “Agent”) for the Lenders. Capitalized terms used herein that are not defined herein shall have the respective meanings ascribed thereto in the Term Loan Agreement (as amended hereby), as defined in Recital A below. All references to “Sections” and “Articles” are references to Sections and Ar
FIRST AMENDMENT AGREEMENTFirst Amendment Agreement • April 21st, 2004 • Factory Card Outlet Corp • Retail-miscellaneous shopping goods stores • Massachusetts
THIS FIRST AMENDMENT AGREEMENT (this “First Amendment”) is entered into as of April 9, 2004 by and between Factory Card Outlet of America Ltd., an Illinois corporation (“Borrower”), the lenders signatory hereto (“Lenders”) and Wells Fargo Retail Finance II, LLC (formerly known as Wells Fargo Retail Finance, LLC), as agent for the Lenders (in such capacity, “Agent”).
FIRST AMENDMENT AGREEMENT FIRST AMENDMENT AGREEMENT (this "Agreement"), dated as of December 6, 1996 (the "Effective Date"), among National Consumer Cooperative Bank, a banking corporation organized under the laws of the United States which does...First Amendment Agreement • March 28th, 1997 • National Consumer Cooperative Bank /Dc/ • Personal credit institutions • New York
FIRST AMENDMENT AGREEMENTFirst Amendment Agreement • December 3rd, 2020 • PET Acquisition LLC • Retail-retail stores, nec • New York
TERM LOAN CREDIT AGREEMENT, dated as of January 26, 2016 (as amended by the First Amendment Agreement dated as of June [● ], 2016, and as further amended, amended and restated, supplemented or otherwise modified from time to time, this “Agreement”), among initially PET ACQUISITION MERGER SUB LLC, a Delaware limited liability company (“Merger Sub” and in its capacity as the initial borrower hereunder, the “Initial Borrower”, and after the assignment of the obligations of Initial Borrower on the Closing Date pursuant to Section 10.22 and the Merger and the LLC Conversion have been completed, in its capacity as Holdings hereunder, “ Holdings”) and after the consummation of the Merger, and upon assumption of the Initial Borrower’s Obligations hereunder pursuant to Section 10.22, PETCO ANIMAL SUPPLIES, INC., a Delaware corporation (the “ Successor Borrower”), the Lenders party hereto from time to time and CITIBANK, N.A., as administrative agent (in such capacity, and as further defined in S
FIRST AMENDMENT AGREEMENTFirst Amendment Agreement • February 8th, 2019 • Inpixon • Services-computer programming services • Nevada
This FIRST AMENDMENT AGREEMENT (this “First Amendment”) is made and entered into as of February 4, 2019 (“Amendment Date”) by and between Sysorex, Inc., a Nevada corporation (the “Company”), and Inpixon, a Nevada corporation (the “Purchaser”). In this First Amendment, the Company and the Purchaser 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 (as defined below) or the NPA (as defined below), as applicable.
FIRST AMENDMENT AGREEMENTFirst Amendment Agreement • August 24th, 2012 • DPL Inc • Electric & other services combined • New York
FIRST AMENDMENT AGREEMENT dated as of November 18, 2011 (this “Amendment”), among THE DAYTON POWER AND LIGHT COMPANY, an Ohio corporation (the “Borrower”), the lenders party to the Credit Agreement (as defined below) (collectively, the “Lenders”), and BANK OF AMERICA, N.A., as Administrative Agent and an L/C Issuer (the “Administrative Agent”).
FIRST AMENDMENT AGREEMENTFirst Amendment Agreement • January 24th, 2017 • NRG Energy, Inc. • Electric services • New York
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”).
FIRST AMENDMENT AGREEMENT (hereinafter referred to as the “Amendment Agreement”) BetweenFirst Amendment Agreement • March 30th, 2022 • Angion Biomedica Corp. • Pharmaceutical preparations
WHEREAS, pursuant to section 13, each Party may not share other Party’s confidential information to any Third Party without the prior written consent of the Disclosing Party, knowing that the Third Party definition is very broad and then includes also vendors which will be used by each Party in the performance of its obligations;
FIRST AMENDMENT AGREEMENTFirst Amendment Agreement • September 14th, 2007 • Vermont Pure Holdings LTD/De • Wholesale-groceries & related products • New York
FIRST AMENDMENT AGREEMENT (this “Agreement”), dated as of September 1, 2005, by and among (1) Vermont Pure Holdings, Ltd. (“Holdings”), (2) Crystal Rock LLC (“Crystal Rock”, and together with Holdings, collectively, the “Borrowers”), (3) Bank of America, N.A. (“Bank of America”) and the other lending institutions party to that certain Credit Agreement (defined below) as lenders (together with Bank of America, collectively, the “Lenders”), and (4) Bank of America, as administrative agent (the “Administrative Agent”) for itself and the other Lenders with respect to a certain Credit Agreement, dated as of April 5, 2005, by and among the Borrowers, the Lenders and the Administrative Agent (as amended, the “Credit Agreement”).
DATED 16 FEBRUARY 2021 FIRST AMENDMENT AGREEMENT TO THE UP TO £250,000,000 SECURED AND GUARANTEED PROMISSORY CERTIFICATES DUE 2028 SUBSCRIPTION AGREEMENT DATED 6 NOVEMBER 2019First Amendment Agreement • March 30th, 2021 • Radius Global Infrastructure, Inc. • Lessors of real property, nec
FIRST AMENDMENT AGREEMENTFirst Amendment Agreement • November 9th, 2015 • Rubicon Technology, Inc. • Semiconductors & related devices
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 AGREEMENTFirst Amendment Agreement • August 10th, 2020 • Rapid7, Inc. • Services-prepackaged software • New York
(b)RAPID7 LLC, a Delaware limited liability company (“Rapid7 LLC” and, together with Rapid7 Inc., collectively, the “Borrowers” and, individually, each a “Borrower”);
FIRST AMENDMENT AGREEMENTFirst Amendment Agreement • October 22nd, 2015 • Installed Building Products, Inc. • General bldg contractors - residential bldgs • Ohio
FIRST AMENDMENT AGREEMENTFirst Amendment Agreement • September 24th, 2008 • Max Capital Group Ltd. • Fire, marine & casualty insurance • New York
This First Amendment Agreement (the “Amendment”) is entered into as of September 16, 2008 among Max Bermuda Ltd., a Bermuda company (“Max Bermuda”), Max Capital Group Ltd., a Bermuda company (the “Parent”), the Lenders listed on the signature pages hereto (the “Lenders”) and Bank of America, N.A., in its capacity as administrative agent (the “Administrative Agent”), Fronting Bank and LC Administrator.
FIRST AMENDMENT AGREEMENTFirst Amendment Agreement • December 14th, 2009 • Sykes Enterprises Inc • Services-computer integrated systems design • Ohio
FIRST AMENDMENT AGREEMENTFirst Amendment Agreement • February 10th, 2005 • Party City Corp • Retail-miscellaneous shopping goods stores • New York
THIS FIRST AMENDMENT AGREEMENT (this “Amendment”) is entered into as of February 10, 2005 by and among, on the one hand, the financial institutions from time to time party to the Loan Agreement referred to below as Lenders (the “Lenders”), Wells Fargo Retail Finance, LLC, as the arranger, collateral and administrative agent for the Lender Group and any other holder of Obligations (in such capacity, “Agent”), and, on the other hand, Party City Corporation, a Delaware corporation (the “Borrower”).
FIRST AMENDMENT AGREEMENTFirst Amendment Agreement • February 14th, 2006 • Memry Corp • Surgical & medical instruments & apparatus • New York
FIRST AMENDMENT AGREEMENT (this “Agreement”) dated as of November 9, 2005 by and between Memry Corporation (the “Borrower”), a Delaware corporation, and Webster Business Credit Corporation (the “Lender”), amending a certain Credit and Security Agreement dated as of November 9, 2004 by and between the Borrower and the Lender (as amended and in effect from time to time, the “Credit Agreement”).
ContractFirst Amendment Agreement • September 9th, 2008 • Calavo Growers Inc • Agricultural services • California
This FIRST AMENDMENT AGREEMENT, dated as of August 28, 2008 (this “Agreement”), is between the parties to that certain Business Loan Agreement, dated as of October 15, 2007 (as amended, the “Business Loan Agreement”), between CALAVO GROWERS, INC. (“Borrower”) and BANK OF AMERICA, N.A. (the “Bank”).
FIRST AMENDMENT AGREEMENT TO BUSINESS COMBINATION AGREEMENTFirst Amendment Agreement • December 2nd, 2022 • XPAC Acquisition Corp. • Blank checks
This First Amendment Agreement, dated as of December 2, 2022 (this “Amendment Agreement”), to the Business Combination Agreement, dated as of April 25, 2022 (the “Original Business Combination Agreement”), is made and entered into by and among (i) SUPERBAC PubCo Holdings Inc., an exempted company limited by shares incorporated under the laws of the Cayman Islands (“PubCo”), (ii) XPAC Acquisition Corp., an exempted company limited by shares incorporated under the laws of the Cayman Islands (“XPAC”), (iii) BAC1 Holdings Inc., an exempted company limited by shares incorporated under the laws of the Cayman Islands and a direct wholly owned subsidiary of PubCo (“Merger Sub 1”), (iv) BAC2 Holdings Inc., an exempted company limited by shares incorporated under the laws of the Cayman Islands and a direct wholly owned subsidiary of PubCo (“Merger Sub 2”), (v) Newco BAC Holdings, Inc., an exempted company incorporated with limited liability in the Cayman Islands, and (vi) SuperBac Biotechnology
FIRST AMENDMENT AGREEMENTFirst Amendment Agreement • May 5th, 2017 • Sifco Industries Inc • Aircraft engines & engine parts • Ohio
FIRST AMENDMENT AGREEMENTFirst Amendment Agreement • February 19th, 2010 • Renaissancere Holdings LTD • Fire, marine & casualty insurance
THIS FIRST AMENDMENT AGREEMENT (this “Amendment”), dated as of November 23, 2009, is among RENAISSANCERE HOLDINGS LTD. (the “Borrower”), the Lenders listed on the signature pages hereto and BANK OF AMERICA, N.A., as LC Issuer and as Administrative Agent for the Lenders.
ContractFirst Amendment Agreement • July 23rd, 2020 • DMC Global Inc. • Miscellaneous primary metal products • New York
Certain identified information has been excluded from this exhibit because it both (i) is not material and (ii) would be competitively harmful if publicly disclosed.
BETWEEN AND FIRST AMENDMENT AGREEMENT RELATING TO THE TERMS AND CONDITIONS OF CLASS A PREFERRED EQUITY CERTIFICATESFirst Amendment Agreement • September 25th, 2006 • Macquarie Infrastructure CO LLC • Wholesale-petroleum & petroleum products (no bulk stations) • Luxembourg
In this Amendment Agreement and the Recitals, the following words and expressions shall (unless the context requires otherwise) have the meanings ascribed to them in the A PECs.
FIRST AMENDMENT AGREEMENTFirst Amendment Agreement • May 26th, 2010 • Seneca Foods Corp /Ny/ • Canned, fruits, veg, preserves, jams & jellies • New York
FIRST AMENDMENT AGREEMENT (this “Agreement”) dated as of November 20, 2006 by and among (1) Seneca Foods Corporation, Seneca Snack Company and Signature Fruit Company, LLC (collectively, the “Borrowers”), (2) the lending institutions party to the Credit Agreement (as defined below) as lenders (collectively, the “Lenders” and individually, a “Lender”), (3) Bank of America, N.A. (“Bank of America”) as administrative agent (the “Administrative Agent”) for the Lenders and (4) Bank of America as collateral agent for the Lenders and as an Issuing Bank and as Swing Line Lender (in such respective capacities, the “Collateral Agent”, an “Issuing Bank” and/or “Swing Line Lender” as the case may be) with respect to a certain Amended and Restated Revolving Credit Agreement dated as of August 18, 2006, by and among the Borrowers, the Lenders, the Administrative Agent, the Collateral Agent, the Issuing Bank and the Documentation Agent party thereto (as amended from time to time, the “Credit Agreemen
FIRST AMENDMENT AGREEMENT To Pledge and Security Agreement and Irrevocable Proxy Dated as of June 5, 2009 by and among RFC ASSET HOLDINGS II, LLC, PASSIVE ASSET TRANSACTIONS, LLC RESIDENTIAL CAPITAL, LLC RESIDENTIAL FUNDING COMPANY, LLC GMAC MORTGAGE,...First Amendment Agreement • August 7th, 2009 • Residential Capital, LLC • Mortgage bankers & loan correspondents • New York
This FIRST AMENDMENT AGREEMENT (this “Agreement”) dated as of June 5, 2009 (the “Amendment Effective Date”), is by and among RFC Asset Holdings II, LLC, a Delaware limited liability company (“RAHI”), and Passive Asset Transactions, LLC, a Delaware limited liability company (“PATI”); Residential Capital, LLC, a Delaware limited liability company (“ResCap”), Residential Funding Company, LLC, a Delaware limited liability company (“RFC”), and GMAC Mortgage, LLC, a Delaware limited liability company (“GMAC Mortgage” and each of RAHI, PATI, ResCap, and RFC, together with any successors and assigns, is herein a “Grantor” and collectively, the “Grantors”); and GMAC LLC, a Delaware limited liability company (“Secured Party” or “GMAC”).
