First Modification Agreement Sample Contracts

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Cole Office & Industrial REIT (CCIT III), Inc. – First Modification Agreement (March 28th, 2017)

THIS FIRST MODIFICATION AGREEMENT (this "Agreement" is entered into as of March 28, 2017 by and between VEREIT OPERATING PARTNERSHIP, L.P. ("Lender") and COLE CORPORATE INCOME OPERATING PARTNERSHIP III, LP ("Borrower").

KBS Real Estate Investment Trust III, Inc. – FIRST MODIFICATION AGREEMENT (Long Form) (November 12th, 2015)

This FIRST MODIFICATION AGREEMENT (Long Form) (this "Agreement") is dated as of June 19, 2015, by and among (i) KBSIII PARK PLACE VILLAGE, LLC, a Delaware limited liability company ("Additional Borrower"), (ii) KBSIII DOMAIN GATEWAY, LLC, KBSIII 1550 WEST MCEWEN DRIVE, LLC, KBSIII 155 NORTH 400 WEST, LLC, and KBSIII TOWER AT LAKE CAROLYN, LLC, each a Delaware limited liability company (collectively, the "Initial Borrowers"), (iii) U.S. BANK NATIONAL ASSOCIATION, a national banking association, as agent, lead arranger and book manager (in such capacity, "Agent"), and (iv) each lender party hereto (individually, a "Lender" and collectively with any lender that becomes a party to the Loan Agreement (defined below) in the future, the "Lenders").

KBS Real Estate Investment Trust III, Inc. – FIRST MODIFICATION AGREEMENT (Short Form -Lake Carolyn) (November 12th, 2015)

This FIRST MODIFICATION AGREEMENT (Short Form -Lake Carolyn) (this "Agreement") is dated as of June 19, 2015, by and among KBSIII TOWER AT LAKE CAROLYN, LLC, a Delaware limited liability company ("Grantor"), and U.S. BANK NATIONAL ASSOCIATION, a national banking association, as administrative agent (in such capacity, "Agent") for the lenders from time to time party to the Loan Agreement described below, the "Lenders"). This Agreement is made with reference to the following facts:

KBS Real Estate Investment Trust III, Inc. – FIRST MODIFICATION AGREEMENT (Short Form - Salt Lake Hardware) (November 12th, 2015)

This FIRST MODIFICATION AGREEMENT (Short Form - Salt Lake Hardware) (this "Agreement") is dated as of June 19, 2015, by and between KBSIII 155 NORTH 400 WEST, LLC, a Delaware limited liability company ("Trustor") and U.S. BANK NATIONAL ASSOCIATION, a national banking association, as administrative agent (in such capacity, "Agent") for the lenders from time to time party to the Loan Agreement described below (the "Lenders"). This Agreement is made with reference to the following facts:

KBS Real Estate Investment Trust III, Inc. – FIRST MODIFICATION AGREEMENT (Short Form - Domain Gateway) (November 12th, 2015)

This FIRST MODIFICATION AGREEMENT (Short Form -Domain Gateway) (this "Agreement") is dated as of June 19, 2015, by and among KBSIII DOMAIN GATEWAY, LLC, a Delaware limited liability company ("Grantor"), and U.S. BANK NATIONAL ASSOCIATION, a national banking association, as administrative agent (in such capacity, "Agent") for the lenders from time to time party to the Loan Agreement described below, the "Lenders"). This Agreement is made with reference to the following facts:

Cole Real Estate Income Strategy (Daily Nav), Inc. – First Modification Agreement (October 1st, 2015)

For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Borrower, Administrative Agent and the Lenders agree as follows:

Cole Credit Property Trust V, Inc. – First Modification Agreement (October 1st, 2015)

For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Borrower, Administrative Agent and the Lender agree as follows:

Cole Office & Industrial REIT (CCIT II), Inc. – First Modification Agreement (October 1st, 2015)

For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Borrower, Administrative Agent and the Lenders agree as follows:

First Modification Agreement (August 4th, 2015)

This FIRST MODIFICATION AGREEMENT (this "Agreement") is made as of July 31, 2015, by and among (i) CENTURY COMMUNITIES, INC., a Delaware corporation ("Borrower"), (ii) the undersigned Guarantors, (iii) the undersigned Lenders, and (iv) TEXAS CAPITAL BANK, NATIONAL ASSOCIATION, a national banking association, as Administrative Agent ("Administrative Agent").

First Modification Agreement (March 13th, 2015)

This FIRST MODIFICATION AGREEMENT (this "Agreement") is made as of September 30, 2014, by and among (i) LGI HOMES, INC., a Delaware corporation ("Parent"), and its Subsidiaries that have executed this Agreement as a Borrower (individually and collectively, "Borrower"), (ii) the undersigned Lenders, and (iii) TEXAS CAPITAL BANK, NATIONAL ASSOCIATION, a national banking association, as Administrative Agent ("Administrative Agent").

KBS Real Estate Investment Trust II, Inc. – First Modification Agreement (March 9th, 2015)

THIS FIRST MODIFICATION AGREEMENT (this "Agreement"), dated November 15, 2014, is made and entered into by and among KBSII HORIZON TECH CENTER, LLC, a Delaware limited liability company ("Horizon Tech Borrower"), KBSII CRESCENT VIII, LLC, a Delaware limited liability company ("Crescent Borrower"), KBSII NATIONAL CITY TOWER, LLC, a Delaware limited liability company ("National City Borrower"), KBSII GRANITE TOWER, LLC, a Delaware limited liability company ("Granite Tower Borrower"), KBSII GATEWAY CORPORATE CENTER, LLC, a Delaware limited liability company ("Gateway Borrower"), KBSII I-81 INDUSTRIAL PORTFOLIO TRUST, a Delaware statutory trust ("I-81 Borrower" and together with Horizon Tech Borrower, Crescent Borrower, National City Borrower, Granite Tower Borrower and Gateway Tower Borrower, each individually, "Borrower" and together, "Borrowers"), the "Lenders" from time to time a party to the Loan Agreement referenced below ("Lenders"), and WELLS FARGO BANK, NATIONAL ASSOCIATION ("Well

Roberts Realty Investors, Inc. – First Modification Agreement of Note and Security Deed (January 20th, 2015)

THIS FIRST MODIFICATION AGREEMENT is entered into as of this 15th day of January, 2015, by and between Roberts Properties Residential, L.P., a Georgia limited partnership (hereinafter referred to as "Borrower") and North Springs Financial, LLC, a Georgia limited liability company (hereinafter referred to as "Lender").

Roberts Realty Investors, Inc. – First Modification Agreement of Note and Security Deed (January 20th, 2015)

THIS FIRST MODIFICATION AGREEMENT is entered into as of this 15th day of January, 2015, by and between Roberts Properties Residential, L.P., a Georgia limited partnership (hereinafter referred to as "Borrower") and North Springs Financial, LLC, a Georgia limited liability company (hereinafter referred to as "Lender").

First Modification Agreement (October 20th, 2014)

This FIRST MODIFICATION AGREEMENT (the Agreement) is made and entered into as of the 30th day of June, 2009 (the Effective Date), by and between PEAK RESORTS, INC., a Missouri corporation (Peak), MOUNT SNOW, LTD., a Vermont corporation (Mount Snow, and together with Peak, collectively, the Borrower) and EPT MOUNT SNOW, INC., a Delaware corporation (Lender).

Hemiwedge Industries – First Modification Agreement (October 1st, 2014)

This First Modification Agreement (this Amendment) is dated effective as of September 15, 2014, by and between APACHE ENERGY SERVICES, LLC, a Nevada limited liability company (Apache Energy Services), AQUA HANDLING OF TEXAS, LLC, a Texas limited liability company (Aqua Handling), HAMILTON INVESTMENT GROUP, an Oklahoma corporation (HIG), KMHVC, INC., a Texas corporation (KMHVC; and with HII, Apache Energy Services, Aqua Handling and HIG, the Borrower), HEARTLAND BANK, an Arkansas state bank, as administrative agent (in such capacity, Agent) on behalf of the Lenders (as defined in the APA).

Hemiwedge Industries – First Modification Agreement (October 1st, 2014)

This First Modification Agreement (this Amendment) is dated effective as of September 15, 2014, by and between APACHE ENERGY SERVICES, LLC, a Nevada limited liability company (Apache Energy Services), AQUA HANDLING OF TEXAS, LLC, a Texas limited liability company (Aqua Handling), HAMILTON INVESTMENT GROUP, an Oklahoma corporation (HIG), KMHVC, INC., a Texas corporation (KMHVC; and with HII, Apache Energy Services, Aqua Handling and HIG, the Borrower), HEARTLAND BANK, an Arkansas state bank, as administrative agent (in such capacity, Agent) on behalf of the Lenders (as defined in the Credit Agreement).

Cole Office & Industrial REIT (CCIT II), Inc. – First Modification Agreement (August 14th, 2014)

For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Borrower, Administrative Agent and the Lenders agree as follows:

Premier Exhibitions – First Modification Agreement of Exhibition Tour Agreement Ex 2006a (February 27th, 2013)

Whereas, Premier Exhibitions, Inc. (Premier), Dr. Hongjin Sui (Dr. Sui) and Hoffen Global Ltd. (Hoffen Global) (collectively the Parties) entered into that certain Exhibition Tour Agreement on April 23, 2006 for the lease of human body specimens and human body parts known as EX2006A (hereafter the 2006A Contract) and,

Inland Real Estate Corporation – FIRST MODIFICATION AGREEMENT (Unsecured Loan) (July 5th, 2012)

THIS FIRST MODIFICATION AGREEMENT (the "Agreement") is entered into as of June 28, 2012, but effective as of the Effective Date (defined below), by and between WELLS FARGO BANK, NATIONAL ASSOCIATION (collectively with its successors or assigns, "Lender"), and INLAND REAL ESTATE CORPORATION, a Maryland corporation ("Borrower").

First Modification Agreement (March 15th, 2012)

This FIRST MODIFICATION AGREEMENT (the "Agreement") is made effective as of March 13, 2012, by and among FRANKLIN COVEY CO., a Utah corporation ("Borrower"), whose address is 2200 West Parkway Blvd., Salt Lake City, Utah 84119, each undersigned Guarantor, and JPMORGAN CHASE BANK, N.A., a national banking association ("Lender"), whose address is 201 South Main Street, Suite 300, Salt Lake City, Utah 84111.

Utah Medical Products, Inc. – First Modification Agreement (September 26th, 2011)

For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Borrower and Lender agree as follows:

Griffin-American Healthcare REIT II, Inc. – MODIFIED PROMISSORY NOTE (Portfolio) (May 18th, 2011)
First Modification Agreement (April 18th, 2011)

This FIRST MODIFICATION AGREEMENT (the Agreement) is made and entered into as of the 30th day of June, 2009 (the Effective Date), by and between PEAK RESORTS, INC., a Missouri corporation (Peak), MOUNT SNOW, LTD., a Vermont corporation (Mount Snow, and together with Peak, collectively, the Borrower) and EPT MOUNT SNOW, INC., a Delaware corporation (Lender).

Maui Land & Pineapple Company – FIRST MODIFICATION AGREEMENT Secured Loan (November 2nd, 2010)

THIS FIRST MODIFICATION AGREEMENT (Agreement) dated as of September 17, 2010, is entered into by and among MAUI LAND & PINEAPPLE COMPANY, INC., a corporation formed under the laws of the State of Hawaii (Borrower), each of the financial institutions signatory to the Loan Agreement (as defined below) (Lenders), and WELLS FARGO BANK, NATIONAL ASSOCIATION (Wells Fargo) as Administrative Agent under the Loan Agreement (in such capacity, the Administrative Agent).

First Modification Agreement (September 30th, 2010)

THIS FIRST MODIFICATION AGREEMENT (Agreement) is dated to be effective as of the 28th day of September, 2010 (Effective Date), by and between each of the undersigned Lenders (Lenders); MANUFACTURERS AND TRADERS TRUST COMPANY, a New York banking corporation in its capacity as Agent (Agent) for the Lenders; LECROY CORPORATION, a Delaware corporation (Borrower); CATALYST ENTERPRISES, INC., a California corporation, COMPUTER ACCESS TECHNOLOGY CORPORATION, a Delaware corporation, and LECROY LIGHTSPEED CORPORATION, a Delaware corporation (collectively, Guarantors, and together with the Borrower, collectively, Obligors).

Hudson Pacific Properties – Amended and Restated First Modification Agreement (July 1st, 2010)

This AMENDED AND RESTATED FIRST MODIFICATION AGREEMENT (this First Modification Agreement) is dated as of June 29,2010, to become effective as of the Modification Closing Date (as defined below), by and between SUNSET BRONSON ENTERTAINMENT PROPERTIES, LLC, a Delaware limited liability company (Borrower) and WELLS FARGO BANK, N.A., successor-in-interest to Wachovia Bank, N.A., a national banking association, as administrative agent for the Lenders (in such capacity, Agent), and WELLS FARGO BANK, N.A., successor-in-interest to Wachovia Bank, N.A., a national banking association, as a Lender (in such capacity, WFB), under the Loan Agreement referred to below, and with reference to the following facts:

Hudson Pacific Properties – First Modification Agreement (June 14th, 2010)

This FIRST MODIFICATION AGREEMENT (this First Modification Agreement) is made and entered into and is effective as of the Modification Closing Date (as defined below), by and between SUNSET BRONSON ENTERTAINMENT PROPERTIES, LLC, a Delaware limited liability company (Borrower) and WELLS FARGO BANK, N.A., successor-in-interest to Wachovia Bank, N.A., a national banking association, as administrative agent for the Lenders (in such capacity, Agent), and WELLS FARGO BANK, N.A., successor-in-interest to Wachovia Bank, N.A., a national banking association, as a Lender (in such capacity, WFB), under the Loan Agreement referred to below, and with reference to the following facts:

J. Alexanders Cp – First Modification Agreement (April 5th, 2010)

THIS FIRST MODIFICATION AGREEMENT is made and entered into this 2nd day of April, 2010 (the "Effective Date") by and between PINNACLE NATIONAL BANK ("Lender"), and J. ALEXANDER'S CORPORATION, a Tennessee corporation ("Borrower").

Lifeway Foods, Inc. – First Modification Agreement (March 31st, 2010)

Re: Modification of that certain LOAN AND SECURITY AGREEMENT dated as of February 6, 2009 (the "Agreement"), by and between LIFEWAY FOODS, INC., an Illinois corporation ("Lifeway"), FRESH MADE, INC., a Pennsylvania corporation ("FMI"), LFI ENTERPRISES, INC., an Illinois corporation now dissolved ("LFI"), HELIOS NUTRITION LIMITED, a Minnesota corporation ("Helios"), PRIDE OF MAIN STREET DAIRY, LLC, a Minnesota limited liability company ("Pride") and STARFRUIT, LLC, an Illinois limited liability company ("Starfruit"), and THE PRIVATEBANK AND TRUST COMPANY (the "Bank"). Lifeway, FMI, Helios, Pride and Starfruit are hereinafter sometimes individually referred to as a "Borrower" and collectively as the "Borrowers." Capitalized terms used herein which are not defined shall have the meanings ascribed to them in the Agreement.

Xenith Bankshares – Office Lease 8200 Greensboro Drive, McLean, Virginia First Modification Agreement (December 29th, 2009)

This First Modification Agreement (this Agreement), dated as of June 8, 2009, is made by and between Greensboro Drive Property LLC, a Delaware limited liability company (Landlord), and Xenith Corporation, a Virginia corporation formerly known as Xenith Bank [In Organization] (Tenant).

Behringer Harvard Short-Term Liquidating Trust – First Modification Agreement (October 1st, 2008)

THIS FIRST MODIFICATION AGREEMENT (this Agreement) is entered into as of this day of September, 2008 (the Effective Date), by and between Credit Union Liquidity Services, LLC, a Texas limited liability company (formerly known as Texans Commercial Capital, LLC, a Texas limited liability company) (Lender), and Behringer Harvard Mountain Village, LLC (Borrower), a Colorado limited liability company. Behringer Harvard Short-Term Opportunity Fund I LP, a Texas limited partnership (Guarantor), as a guarantor, executes this Agreement to evidence its consent to and agreement with the terms and provisions contained herein.

First Modification Agreement (Livermore/Parcel 6) (August 28th, 2008)

This FIRST MODIFICATION AGREEMENT (LIVERMORE/PARCEL 6) (this Amendment), dated as of April 3, 2008 (the Amendment Date), is made by and between BNP PARIBAS LEASING CORPORATION (BNPPLC), a Delaware corporation, and LAM RESEARCH CORPORATION (LRC), a Delaware corporation.

First Modification Agreement (Fremont/Buildings #1, #2, #3 and #4) (August 28th, 2008)

This FIRST MODIFICATION AGREEMENT (FREMONT/BUILDINGS #1, #2, #3 AND #4) (this Amendment), dated as of April 3, 2008 (the Amendment Date), is made by and between BNP PARIBAS LEASING CORPORATION (BNPPLC), a Delaware corporation, and LAM RESEARCH CORPORATION (LRC), a Delaware corporation.

First Modification Agreement (Livermore/Parcel 7) (August 28th, 2008)

This FIRST MODIFICATION AGREEMENT (LIVERMORE/PARCEL 7) (this Amendment), dated as of April 3, 2008 (the Amendment Date), is made by and between BNP PARIBAS LEASING CORPORATION (BNPPLC), a Delaware corporation, and LAM RESEARCH CORPORATION (LRC), a Delaware corporation.

First Modification Agreement (August 15th, 2008)

increased working capital and other financing needs. Bank is willing to so modify the Line of Credit and the Loan Documents, subject to the terms and conditions herein.