RECITALSFourth Amended And • July 10th, 2002 • Jacqueline Badger Mars Trust • Mining & quarrying of nonmetallic minerals (no fuels) • Colorado
FOURTH AMENDED AND RESTATED EXCHANGE AGREEMENTFourth Amended And • August 14th, 2006 • Buckeye GP Holdings L.P. • Pipe lines (no natural gas) • Delaware
THIS FOURTH AMENDED AND RESTATED EXCHANGE AGREEMENT (this “Agreement”), dated as of August 9, 2006, is entered into among MAINLINE SUB LLC, a Delaware limited liability company (“Holdco”), BUCKEYE GP LLC, a Delaware limited liability company (the “General Partner”), BUCKEYE PARTNERS, L.P., a Delaware limited partnership (the “Partnership”), MAINLINE L.P., a Delaware limited partnership (the “OLP GP”), BUCKEYE PIPE LINE COMPANY, L.P., a Delaware limited partnership (“BPLCLP”), LAUREL PIPE LINE COMPANY, L.P., a Delaware limited partnership (“Laurel”), EVERGLADES PIPE LINE COMPANY, L.P., a Delaware limited partnership (“Everglades”), and BUCKEYE PIPE LINE HOLDINGS, L.P., a Delaware limited partnership (collectively with BPLCLP, Laurel, and Everglades, the “Operating Partnerships”).
FOURTH AMENDED AND RESTATED STOCKHOLDER AGREEMENTFourth Amended And • July 16th, 2021 • Thorne Healthtech, Inc. • Pharmaceutical preparations • Delaware
This FOURTH AMENDED AND RESTATED STOCKHOLDER AGREEMENT (this “Agreement”), dated as of July 5, 2018 and effective as of the Effective Time, is entered into by and among (i) Thorne Holding Corp., a Delaware corporation (the “Company”), (ii) the Stockholders listed on Schedule 1 hereto (the “Initial Stockholders”), (iii) the entities listed on Schedule 2 hereto (the “Purchasers”) and (iv) each Person who shall, subsequent to the date hereof, join in and become a party to this Agreement by executing an Instrument of Accession (“Instrument of Accession”) in the form of Exhibit A hereto (collectively, the “Subsequent Stockholders”). Capitalized terms used herein without definition shall have the meanings assigned to such terms in Section 1 hereof.
FOURTH AMENDED AND RESTATED LOAN AGREEMENT - Among - MOOG INC. - And - THE DESIGNATED BORROWERS PARTY HERETO as Borrowers - And - THE LENDERS PARTY HERETO and HSBC BANK USA, NATIONAL ASSOCIATION as Administrative Agent, Swingline Lender and Issuing...Fourth Amended And • April 1st, 2013 • Moog Inc • Misc industrial & commercial machinery & equipment • New York
FOURTH AMENDED AND RESTATED LOAN AGREEMENT dated as of March 28, 2013 (“Agreement”) among MOOG INC., a New York corporation with its principal place of business at Jamison Road and Seneca Street, East Aurora, New York 14052-0018 (“Company”), certain Subsidiaries of the Company party hereto from time to time pursuant to Section 2.22 of this Agreement (the “Designated Borrowers”, and each a “Designated Borrower” and, together with the Company, the “Borrowers” and, each a “Borrower”), the several banks and other financial institutions from time to time parties to this Agreement (individually, a “Lender” and collectively, the “Lenders”) and HSBC BANK USA, NATIONAL ASSOCIATION, a bank organized under the laws of the United States of America, with an office at Commercial Banking Department, One HSBC Center, Buffalo, New York 14203 as Administrative Agent for the Lenders, Swingline Lender, and as Issuing Bank, and Manufacturers and Traders Trust Company as Lead Syndication Agent, and bank of
FOURTH AMENDED AND RESTATED SUPPORT AGREEMENTFourth Amended And • March 30th, 2012 • International Textile Group Inc • Textile mill products • New York
This FOURTH AMENDED AND RESTATED SUPPORT AGREEMENT (this “Agreement”) is entered into as of December 27, 2011 by and among WLR Recovery Fund IV, L.P., a Delaware limited partnership (the “Investor”), International Textile Group, Inc., a Delaware corporation (the “Borrower”), and General Electric Capital Corporation, in its capacity as Agent for itself and Lenders (as defined in the Credit Agreement defined below) (“Agent”).
SECOND AMENDMENT TO FOURTH AMENDED AND RESTATED CREDIT AGREEMENTFourth Amended And • March 29th, 2002 • HPSC Inc • Finance lessors • Massachusetts
Second Amendment dated as of December 31, 2000 to the Fourth Amended and Restated Credit Agreement (the “Amendment”), by and among HPSC, INC., a Delaware corporation (the “Borrower”), AMERICAN COMMERCIAL FINANCE COMPANY, a Delaware corporation (the “Guarantor” or “ACFC”), FLEET NATIONAL BANK and the other lending institutions listed on Schedule 1 to the Credit Agreement (as hereinafter defined) (the “Banks”), and Fleet National Bank as agent for the Banks (in such capacity, the “Agent”), amending certain provisions of the Fourth Amended and Restated Credit Agreement dated as of May 12, 2000 (as amended and in effect from time to time, the “Credit Agreement”) by and among the Borrower, the Guarantor, the Banks and the Agent. Terms not otherwise defined herein which are defined in the Credit Agreement shall have the same respective meanings herein as therein.
FOURTH AMENDED AND RESTATED EMPLOYMENT AGREEMENTFourth Amended And • March 14th, 2003 • Kopin Corp • Semiconductors & related devices • Massachusetts
THIS AGREEMENT, entered into as of the 20th day of February, 2002, amends and restates the Amended and Restated Agreement, dated as of the 20th day of February, 2000, by and between KOPIN CORPORATION, a Delaware corporation with its principal place of business at 695 Myles Standish Boulevard, Taunton MA 02780 (the “Employer”), and John C. C. Fan, (the “Employee”), as first amended and restated as of May 1, 1995.
FOURTH AMENDED AND RESTATED EMPLOYMENT AGREEMENTFourth Amended And • December 10th, 2015 • TransDigm Group INC • Aircraft parts & auxiliary equipment, nec • Ohio
THIS AGREEMENT, dated as of December 10, 2015, is made by and between TransDigm Group Incorporated, a Delaware corporation (the “Company”), and W. Nicholas Howley (the “Executive”).
FOURTH AMENDED AND RESTATED SHAREHOLDERS AGREEMENTFourth Amended And • July 26th, 2010 • MakeMyTrip LTD • New York
This Fourth Amended and Restated Shareholders Agreement (this “Agreement”) is dated as of this 16th day of July, 2010 and made by and among:
FOURTH AMENDED AND RESTATED SECURITYHOLDERS AGREEMENTFourth Amended And • November 25th, 2011 • Rib X Pharmaceuticals Inc • Delaware
THIS FOURTH AMENDED AND RESTATED SECURITYHOLDERS AGREEMENT (the “Agreement”) is made as of the 10th day of January 2011, by and among Rib-X Pharmaceuticals, Inc. (the “Company”), the parties listed on Schedule 1 hereto (the “Founders”), the parties listed on Schedule 2 hereto (the “Other Stockholders” and together with the Founders, the “Common Stockholders”), the parties listed on Schedule 3 hereto as Series A-L Stockholders (the “Series A-L Holders”), the parties listed on Schedule 3 hereto as Series A-1 Stockholders (the “Series A-1 Holders”), the parties listed on Schedule 3 hereto as Series B Stockholders (the “Series B Holders”), the parties listed on Schedule 3 hereto as Series C Stockholders (the “Series C Holders”), the parties listed on Schedule 4 hereto as Tier I Noteholders (the “Tier I Noteholders”), the parties listed on Schedule 4 hereto as Tier II Noteholders (the “Tier II Noteholders”), the parties listed on Schedule 4 hereto as Senior Noteholders (the “Senior Notehold
SECOND AMENDMENT TO FOURTH AMENDED AND RESTATED CREDIT AGREEMENTFourth Amended And • October 20th, 2005 • U. S. Premium Beef, Inc. • Agricultural prod-livestock & animal specialties • Colorado
FOURTH AMENDED AND RESTATED FEE AND INTEREST RATE AGREEMENT DATED [ ], 2021Fourth Amended And • May 7th, 2021 • California
Reference is hereby made to the (i) Second Amended and Restated Note Purchase and Reimbursement Agreement dated as of [ ], 2021 (as amended, supplemented or otherwise modified from time to time, the “Agreement”), between the COUNTY OF ORANGE, CALIFORNIA (the “County”) and WELLS FARGO BANK, NATIONAL ASSOCIATION (the
FOURTH AMENDED AND RESTATED EMPLOYMENT AGREEMENTFourth Amended And • October 19th, 2012 • Cytrx Corp • Biological products, (no disgnostic substances) • California
This Fourth Amended and Restated Employment Agreement (this “Agreement”) is made and entered into as of the day of May, 2012 (the “Effective Date”), by and between CytRx Corporation, a Delaware corporation (“Employer”), and Steven A. Kriegsman, an individual and resident of the State of California (“Employee”), with reference to the following facts:
FOURTH AMENDED AND RESTATED EXCHANGE AGREEMENTFourth Amended And • July 5th, 2019 • Blackstone Group Inc • Investment advice • Delaware
FOURTH AMENDED AND RESTATED EXCHANGE AGREEMENT (the “Agreement”), dated as of July 1, 2019 among The Blackstone Group Inc., Blackstone Holdings AI L.P., Blackstone Holdings I L.P., Blackstone Holdings II L.P., Blackstone Holdings III L.P., Blackstone Holdings IV L.P. and the Blackstone Holdings Limited Partners from time to time party hereto.
FOURTH AMENDED AND RESTATED ADVISORY AGREEMENTFourth Amended And • July 30th, 2009 • Paladin Realty Income Properties Inc • Real estate investment trusts • California
THIS FOURTH AMENDED AND RESTATED ADVISORY AGREEMENT (this “Agreement”), dated as of July 28, 2009, is entered into between Paladin Realty Income Properties, Inc., a Maryland corporation (the “Company”), Paladin Realty Income Properties, L.P. (the “Operating Partnership,” and collectively with the Company, the “Fund”), and Paladin Realty Advisors, LLC, a Delaware limited liability company (the “Advisor”).
FOURTH AMENDED AND RESTATED FIRST LIEN CREDIT AGREEMENTFourth Amended And • January 6th, 2020 • Hostess Brands, Inc. • Bakery products • New York
FOURTH AMENDED AND RESTATED ADVISORY AGREEMENTFourth Amended And • April 30th, 2012 • Cb Richard Ellis Realty Trust • Real estate investment trusts • New York
THIS FOURTH AMENDED AND RESTATED ADVISORY AGREEMENT (this “Agreement”), dated as of April 27, 2012, effective as of May 1, 2012, is made and entered into among CB RICHARD ELLIS REALTY TRUST, a Maryland real estate investment trust (the “Company”), CBRE OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (the “Operating Partnership”) and CBRE ADVISORS LLC, a Delaware limited liability company (the “Advisor”).
FOURTH AMENDED AND RESTATED EXCHANGE AGREEMENTFourth Amended And • February 26th, 2019 • Ares Management Corp • Investment advice • Delaware
FOURTH AMENDED AND RESTATED EXCHANGE AGREEMENT (this “Agreement”), dated as of November 26, 2018 (the “Effective Date”), by and among the Issuer (as defined below), each Ares Operating Group Entity (as defined below), each AOG TopCo Entity (as defined below), each AOG IntermediateCo Entity (as defined below) and each Ares Operating Group Limited Partner (as defined below) from time to time party to this Agreement.
FOURTH AMENDED AND RESTATED EMPLOYMENT AGREEMENTFourth Amended And • June 3rd, 2022 • Phreesia, Inc. • Services-business services, nec • New York
This Fourth Amended and Restated Employment Agreement (“Agreement”) is made between Phreesia, Inc., a Delaware corporation (the “Company”), and Thomas Altier (the “Executive”) and is effective as of February 1, 2022.
Calamos Dynamic Convertible and Income Fund FOURTH AMENDED AND RESTATED Agreement and Declaration of TrustFourth Amended And • August 26th, 2021 • Calamos Dynamic Convertible & Income Fund • Delaware
WHEREAS, the Trust has been formed under the Delaware Act upon the filing of the Certificate of Trust in the Office of the Secretary of State of the State of Delaware;
FOURTH AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP of HHR EURO C.V. Dated as of June 27, 2011Fourth Amended And • July 25th, 2011 • Host Hotels & Resorts, Inc. • Real estate investment trusts
FOURTH AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP dated as of June 27, 2011 (this “Agreement”) of HHR Euro C.V. (the “Partnership”).
PRELIMINARY STATEMENTFourth Amended And • March 1st, 2017 • CM Finance Inc • New York
FOURTH AMENDED AND RESTATED PLEDGE AND SECURITY AGREEMENTFourth Amended And • May 24th, 2016 • Oxford Industries Inc • Men's & boys' furnishgs, work clothg, & allied garments • New York
This FOURTH AMENDED AND RESTATED PLEDGE AND SECURITY AGREEMENT (this “Agreement”) is made as of this 24th day of May, 2016, among the Grantors listed on the signature pages hereof and those additional entities that hereafter become parties hereto by executing the form of Supplement attached hereto as Annex 1 (collectively, jointly and severally, “Grantors” and each individually a “Grantor”), and SUNTRUST BANK, in its capacity as administrative agent (together with its successors, “Administrative Agent”).
FOURTH AMENDED AND RESTATED FEE WAIVER AND EXPENSE REIMBURSEMENT AGREEMENTFourth Amended And • December 27th, 2017 • AQR Funds • Delaware
WHEREAS, the parties hereto entered into a Fee Waiver and Expense Reimbursement Agreement dated as of December 10, 2008, as amended (the “Original Agreement”) in order to reduce the investment advisory fees charged to the Funds described in the Investment Advisory Agreement (as defined below), waive other fees it is entitled to receive from the Funds and/or reimburse certain operating expenses for the Funds to keep net expenses at specified levels as set forth in Appendix A; and
FOURTH AMENDED AND RESTATED SECURITY AND PLEDGE AGREEMENT AGREEMENT, made this 6th day of February 2005, effective the 2nd day of January 2006, by and between THE MAJOR AUTOMOTIVE COMPANIES, INC. (F/K/A FIDELITY HOLDINGS, INC.), a Nevada corporation,...Fourth Amended And • February 8th, 2006 • Major Automotive Companies Inc • Retail-auto dealers & gasoline stations • New York
FOURTH AMENDED AND RESTATED OWNERSHIP INTERESTS PLEDGE AND SECURITY AGREEMENTFourth Amended And • June 9th, 2009 • Inland Real Estate Corp • Real estate investment trusts
FOURTH AMENDED AND RESTATED OPERATING AGREEMENT OF DDR DownREIT LLC (An Ohio Limited Liability Company)Fourth Amended And • March 6th, 2007 • Developers Diversified Realty Corp • Real estate investment trusts • Ohio
THIS FOURTH AMENDED AND RESTATED OPERATING AGREEMENT (this “Agreement”), dated as of February 26, 2007, of DDR DownREIT LLC (the “Company”) is entered into by and among Developers Diversified Realty Corporation, an Ohio corporation (“DDR” or the “Managing Member”), as the Managing Member, DD Development Company II, Inc., an Ohio corporation, (“DevCo II” or the “Nonmanaging Member”), as a Nonmanaging Member, and Wachovia Bank, National Association, a national banking association (“Wachovia” or the “Preferred Member”), as a Preferred Member, together with any other Persons who become Members in the Company as provided herein.
RECITALSFourth Amended And • November 30th, 2006 • Conns Inc • Retail-radio, tv & consumer electronics stores
TVAX BIOMEDICAL I, LLC FOURTH AMENDED AND RESTATED OPERATING AGREEMENTFourth Amended And • November 7th, 2011 • TVAX Biomedical, Inc.
This Fourth Amended and Restated Operating Agreement (this “Agreement”) is made and entered into as of July 15, 2011 (the “Effective Date”) by and among TVAX Biomedical I, LLC and the persons whose names appear on Exhibit A hereof.
FOURTH AMENDED AND RESTATED ADVISORY AGREEMENT BY AND AMONG AMERICAN REALTY CAPITAL NEW YORK RECOVERY REIT, INC., NEW YORK RECOVERY OPERATING PARTNERSHIP, L.P., AND NEW YORK RECOVERY ADVISORS, LLC Dated as of November 12, 2012Fourth Amended And • November 13th, 2012 • American Realty Capital New York Recovery Reit Inc • Real estate investment trusts • New York
THIS FOURTH AMENDED AND RESTATED ADVISORY AGREEMENT, dated as of November 12, 2012 (this “Agreement”), is entered into among American Realty Capital New York Recovery REIT, Inc., a Maryland corporation (the “Company”), New York Recovery Operating Partnership, L.P., a Delaware limited partnership (the “Operating Partnership”), and New York Recovery Advisors, LLC, a Delaware limited liability company.
