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
Contract Type FiledJune 19th, 2017 Company Jurisdiction
Energy Savings Performance Contracting ServicesFirst Amendment Agreement • April 18th, 2018
Contract Type FiledApril 18th, 2018This 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
Contract Type FiledSeptember 20th, 2021 Company Industry JurisdictionWHEREAS 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”);
EX-10.27 4 ciscoagre.htm CISCO AGRMNT * IMPORTANT NOTE: CERTAIN MATERIAL, INDICATED BY AN ASTERISK ("*"), HAS BEEN OMITTED FROM THIS DOCUMENT PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT. Execution Copy FIRST AMENDMENT AGREEMENTFirst Amendment Agreement • May 5th, 2020 • New York
Contract Type FiledMay 5th, 2020 JurisdictionTHIS 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").
FIRST AMENDMENT AGREEMENTFirst Amendment Agreement • December 3rd, 2020 • PET Acquisition LLC • Retail-retail stores, nec • New York
Contract Type FiledDecember 3rd, 2020 Company Industry JurisdictionREVOLVING 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
Contract Type FiledFebruary 27th, 2009 Company JurisdictionFIRST 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.
BY AND BETWEEN COUNTY OF HUMBOLDT ANDFirst Amendment Agreement • February 2nd, 2023
Contract Type FiledFebruary 2nd, 2023This 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
Contract Type FiledMay 12th, 2015 Company IndustryWHEREAS 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”).
EX-10.28 4 dex1028.htm FIRST AMENDMENT AGREEMENT WITH KEYBANK NATIONAL ASSOCIATION, AND U.S. BANK FIRST AMENDMENT AGREEMENT This FIRST AMENDMENT AGREEMENT (this “Amendment”) is made as of the 10th day of March, 2006 among:First Amendment Agreement • May 5th, 2020 • Ohio
Contract Type FiledMay 5th, 2020 Jurisdiction
MERCHANT PROCESSING AGREEMENTFirst Amendment Agreement • March 29th, 2005 • Heartland Payment Systems Inc • Services-business services, nec • Ohio
Contract Type FiledMarch 29th, 2005 Company Industry JurisdictionThis 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
Contract Type FiledApril 4th, 2023 Company Industry JurisdictionThis 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
Contract Type FiledAugust 6th, 2009 Company Industry JurisdictionThis 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
Contract Type FiledApril 21st, 2004 Company Industry JurisdictionTHIS 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
Contract Type FiledMarch 28th, 1997 Company Industry Jurisdiction
EX-10.13 5 dex1013.htm FIRST AMENDMENT AGREEMENT FIRST AMENDMENT AGREEMENTFirst Amendment Agreement • May 5th, 2020 • New York
Contract Type FiledMay 5th, 2020 JurisdictionThis First Amendment Agreement (the “Amendment”) is entered into as of February 6, 2003 among Max Re Ltd., a Bermuda company, ( the “Borrower”), 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 letter of credit administrator.
FIRST AMENDMENT AGREEMENTFirst Amendment Agreement • December 3rd, 2020 • PET Acquisition LLC • Retail-retail stores, nec • New York
Contract Type FiledDecember 3rd, 2020 Company Industry JurisdictionTERM 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
Contract Type FiledFebruary 8th, 2019 Company Industry JurisdictionThis 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
Contract Type FiledAugust 24th, 2012 Company Industry JurisdictionFIRST 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
Contract Type FiledJanuary 24th, 2017 Company Industry JurisdictionFIRST 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
Contract Type FiledMarch 30th, 2022 Company IndustryWHEREAS, 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
Contract Type FiledSeptember 14th, 2007 Company Industry JurisdictionFIRST 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
Contract Type FiledMarch 30th, 2021 Company Industry
FIRST AMENDMENT AGREEMENTFirst Amendment Agreement • November 9th, 2015 • Rubicon Technology, Inc. • Semiconductors & related devices
Contract Type FiledNovember 9th, 2015 Company IndustryThis 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
Contract Type FiledAugust 10th, 2020 Company Industry Jurisdiction(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
Contract Type FiledOctober 22nd, 2015 Company Industry Jurisdiction
FIRST AMENDMENT AGREEMENTFirst Amendment Agreement • September 24th, 2008 • Max Capital Group Ltd. • Fire, marine & casualty insurance • New York
Contract Type FiledSeptember 24th, 2008 Company Industry JurisdictionThis 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
Contract Type FiledDecember 14th, 2009 Company Industry Jurisdiction
FIRST AMENDMENT AGREEMENTFirst Amendment Agreement • February 10th, 2005 • Party City Corp • Retail-miscellaneous shopping goods stores • New York
Contract Type FiledFebruary 10th, 2005 Company Industry JurisdictionTHIS 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
Contract Type FiledFebruary 14th, 2006 Company Industry JurisdictionFIRST 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
Contract Type FiledSeptember 9th, 2008 Company Industry JurisdictionThis 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
Contract Type FiledDecember 2nd, 2022 Company IndustryThis 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
Contract Type FiledMay 5th, 2017 Company Industry Jurisdiction
FIRST AMENDMENT AGREEMENTFirst Amendment Agreement • February 19th, 2010 • Renaissancere Holdings LTD • Fire, marine & casualty insurance
Contract Type FiledFebruary 19th, 2010 Company IndustryTHIS 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
Contract Type FiledJuly 23rd, 2020 Company Industry JurisdictionCertain 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
Contract Type FiledSeptember 25th, 2006 Company Industry JurisdictionIn 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.