Fourth Modification Agreement Sample Contracts

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AeroCentury Corp. – Fourth Modification Agreement (July 27th, 2017)

This Fourth Modification Agreement (the "Agreement"), dated as of July 24, 2017, is entered into by and among AeroCentury Corp., a Delaware corporation (the "Borrower"), the several financial institutions party to the Loan Agreement (defined below) (each a "Lender" and collectively, "Lenders"), and Mufg Union Bank, N.A., formerly known as Union Bank, N.A. ("Union Bank"), for itself, as Lender and Swing Line Lender, and as agent for the Lenders and other financial institutions (if any) from time to time a party to the Loan Agreement (in such capacity, "Agent"), with reference to the following facts:

Stratus Properties, Inc. – Fourth Modification Agreement (March 16th, 2017)

This FOURTH MODIFICATION AGREEMENT (this "Agreement") dated effective as of August 21, 2015 (the "Effective Date") by and between STRATUS PROPERTIES INC., a Delaware corporation ("Stratus"), STRATUS PROPERTIES OPERATING CO., L.P., a Delaware limited partnership ("SPOC"), CIRCLE C LAND, L.P., a Texas limited partnership ("Circle C"), AUSTIN 290 PROPERTIES, INC., a Texas corporation ("Austin"), and OVERLOOK AT AMARRA, L.L.C., a Texas limited liability company ("Amarra") (Stratus, SPOC, Circle C, Austin and Amarra are sometimes referred to in this Agreement severally as "Borrower"), and COMERICA BANK ("Lender");

Fourth Modification Agreement (November 9th, 2016)

Now, therefore, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

Amphastar Pharmaceuticals, Inc. – Fourth Modification Agreement (August 9th, 2016)

THIS FOURTH MODIFICATION AGREEMENT ("Modification") is dated as of this 23rd day of June, 2016, by and among AMPHASTAR PHARMACEUTICALS, INC., a Delaware corporation ("Borrower") and ARMSTRONG PHARMACEUTICALS, INC., a Delaware corporation ("Guarantor"), on the one hand, and CATHAY BANK, a California banking corporation ("Lender"), on the other hand, with reference to the following facts:

Fourth Modification Agreement (October 13th, 2015)

THIS FOURTH MODIFICATION AGREEMENT (this "Agreement") is made effective as of October 7, 2015, by and among (a) TESSCO TECHNOLOGIES INCORPORATED, a Delaware corporation ("TESSCO"), TESSCO SERVICE SOLUTIONS, INC., a Delaware corporation, TESSCO COMMUNICATIONS INCORPORATED, a Delaware corporation, WIRELESS SOLUTIONS INCORPORATED, a Maryland corporation, and TESSCO BUSINESS SERVICES, LLC, a Delaware limited liability company, TESSCO INTEGRATED SOLUTIONS, LLC, a Delaware limited liability company, and GW SERVICE SOLUTIONS, INC, a Delaware corporation (all of the aforementioned entities, including TESSCO, being hereinafter called collectively the "2006 Existing Borrowers"); (b) TCPM INC., a Delaware corporation (the "2011 Additional Borrower") (the 2006 Existing Borrowers and the 2011 Additional Borrower being hereinafter called collectively the "Borrowers"); (c) TESSCO INCORPORATED, a Delaware corporation (the "Guarantor") (d) the Lenders who are or may become a party to this Agreement; (

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

Adjusted LIBO Rate means, with respect to any Eurodollar Rate Loan for the relevant Interest Period, or for any Base Rate Loan, an interest rate per annum equal to (a) the LIBO Rate for such Interest Period multiplied by (b) the Statutory Reserve Rate.

Kennedy-Wilson Holdings Inc. – Fourth Modification Agreement (August 18th, 2015)

This Fourth Modification Agreement ("Agreement") is made as of August 17, 2015, by and among KENNEDY-WILSON, INC., a Delaware corporation ("Borrower"), U.S. BANK NATIONAL ASSOCIATION, a national banking association, as administrative agent, lead arranger and book manager ("Agent") under the Loan Agreement described below, U.S. BANK NATIONAL ASSOCIATION, a national banking association, as a Lender ("U.S. Bank National Association"), EAST-WEST BANK, a California banking corporation ("East-West Bank"), THE GOVERNOR AND COMPANY OF THE BANK OF IRELAND ("Bank of Ireland") BANK OF AMERICA, N.A., a national banking association ("Bank of America") DEUTSCHE BANK AG NEW YORK BRANCH ("Deutsche Bank") and J.P. MORGAN CHASE BANK, N.A., a national banking association ("J.P. Morgan Bank"). As used in this Agreement, U.S. Bank National Association, East-West Bank, Bank of Ireland, Bank of America, Deutsche Bank and J.P. Morgan Bank, and any bank that becomes a party to the Loan Agreement in the future

Fourth Modification Agreement (April 2nd, 2015)

This FOURTH MODIFICATION AGREEMENT (the "Agreement") is made effective as of March 31, 2015, 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.

Fourth Modification Agreement (March 31st, 2014)

THIS FOURTH MODIFICATION AGREEMENT dated as of November 26, 2013 (this "Agreement"), is entered into by and among ADK THOMASVILLE OPERATOR, LLC ("Borrower 1"), ADK LUMBER CITY OPERATOR, LLC ("Borrower 2"), ADK LAGRANGE OPERATOR, LLC ("Borrower 4"), ADK POWDER SPRINGS OPERATOR, LLC ("Borrower 5"), ADK THUNDERBOLT OPERATOR, LLC ("Borrower 7"), ATTALLA NURSING ADK, LLC ("Borrower 9"), MOUNTAIN TRACE NURSING ADK, LLC, an Ohio limited liability company ("Borrower 10"), MT. KENN NURSING, LLC ("Borrower 11"), ERIN NURSING, LLC ("Borrower 12"), CP NURSING, LLC ("Borrower 13"), BENTON NURSING, LLC ("Borrower 14"), VALLEY RIVER NURSING, LLC ("Borrower 15"), PARK HERITAGE NURSING, LLC ("Borrower 16"), HOMESTEAD NURSING, LLC ("Borrower 17"), WOODLAND MANOR NURSING, LLC ("Borrower 18"), MOUNTAIN VIEW NURSING, LLC ("Borrower 19"), LITTLE ROCK HC&R NURSING, LLC ("Borrower 21"), GLENVUE H&R NURSING, LLC ("Borrower 24") and COOSA NURSING ADK, LLC ("Borrower 25"), each a Georgia limited liability compan

Fourth Modification Agreement (March 31st, 2014)

THIS FOURTH MODIFICATION AGREEMENT dated as of November 8, 2013 (this "Agreement"), is entered into by and among LITTLE ROCK HC&R PROPERTY HOLDINGS, LLC, a Georgia limited liability company (the "Borrower"), ADCARE HEALTH SYSTEMS, INC., an Ohio corporation ("AdCare"), LITTLE ROCK HC&R NURSING, LLC, a Georgia limited liability company (the "Operator") (AdCare and the Operator being sometimes referred to herein collectively as the "Guarantors") (Borrower and the Guarantors being sometimes referred to herein collectively as the "Borrower/Guarantor Parties"), and THE PRIVATEBANK AND TRUST COMPANY, an Illinois banking corporation ("Lender").

Fourth Modification Agreement (December 29th, 2011)

THIS AGREEMENT is made as of the 16th day of November, 2011, by and between ASSOCIATED BANK, NATIONAL ASSOCIATION, a national banking association ("Bank"), and IMAGE SENSING SYSTEMS, INC., a Minnesota corporation ("Borrower").

Maui Land & Pineapple Company – FOURTH MODIFICATION AGREEMENT Secured Loan (November 3rd, 2011)

THIS FOURTH MODIFICATION AGREEMENT (Agreement) dated as of August 1, 2011, is entered into by and among MAUI LAND & PINEAPPLE COMPANY, INC., a corporation formed under the laws of the State of Hawaii (Borrower), WELLS FARGO BANK, NATIONAL ASSOCIATION, as sole Lender signatory to the Loan Agreement (as defined below) (Lender), and WELLS FARGO BANK, NATIONAL ASSOCIATION (Wells Fargo) as Administrative Agent under the Loan Agreement (in such capacity, the Administrative Agent).

Fourth Modification Agreement (November 9th, 2010)

BY THIS FOURTH MODIFICATION AGREEMENT (the "Agreement"), made and entered into as of the 20th day of September, 2010, WELLS FARGO BANK, NATIONAL ASSOCIATION (the "Lender"), and KNIGHT TRANSPORTATION, INC., an Arizona corporation (the "Borrower"), in consideration of the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby confirm and agree as follows:

Saul Centers, Inc. – Fourth Modification Agreement (November 5th, 2010)

THIS FOURTH MODIFICATION AGREEMENT (the Agreement) is made and entered into effective as of the 30th day of August, 2010, by and among (i) SAUL HOLDINGS LIMITED PARTNERSHIP, a Maryland limited partnership (hereinafter called Borrower); (ii) SAUL CENTERS, INC., a Maryland corporation, BRIGGS CHANEY PLAZA, LLC, a Maryland limited liability company, and KENTLANDS LOT 1, LLC, a Maryland limited liability company (collectively, Guarantor; Borrower and Guarantor are herein sometimes collectively referred to as the Borrower Parties), (iii) U.S. BANK NATIONAL ASSOCIATION, a national banking association, as administrative agent and sole lead arranger (Agent); (iv) WELLS FARGO BANK, NATIONAL ASSOCIATION, as syndication agent (Syndication Agent), and (v) U.S. BANK NATIONAL ASSOCIATION (US Bank), WELLS FARGO BANK, NATIONAL ASSOCIATION (Wells Fargo), COMPASS BANK (Compass), CAPITAL ONE, N.A. (successor by merger to Chevy Chase Bank, F.S.B., Capital One; together with US Bank, Wells Fargo, Compass a

Fourth Modification Agreement (May 27th, 2010)

THIS FOURTH MODIFICATION AGREEMENT (this Agreement) is made effective as of April 28, 2010, by and among (a) TESSCO TECHNOLOGIES INCORPORATED, a Delaware corporation (TESSCO), TESSCO SERVICE SOLUTIONS, INC., a Delaware corporation, TESSCO INCORPORATED, a Delaware corporation, TESSCO COMMUNICATIONS INCORPORATED, a Delaware corporation, WIRELESS SOLUTIONS INCORPORATED, a Maryland corporation, TESSCO BUSINESS SERVICES, LLC, a Delaware limited liability company, TESSCO INTEGRATED SOLUTIONS, LLC, a Delaware limited liability company, and GW SERVICE SOLUTIONS, INC., a Delaware corporation (the aforementioned entities, including TESSCO, being hereinafter called collectively the Borrowers); (b) SUNTRUST BANK and WACHOVIA BANK, NATIONAL ASSOCIATION, as Lenders (in such capacity, the Lenders); and (c) SUNTRUST BANK, as Administrative Agent (in such capacity, the Agent).

Fourth Modification Agreement (March 2nd, 2010)

This FOURTH MODIFICATION AGREEMENT (the "Modification Agreement") is made effective as of February 25, 2010, 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.

Fourth Modification Agreement (December 30th, 2009)

THIS FOURTH MODIFICATION AGREEMENT (AGREEMENT) is made as of December 23, 2009, by and among AVATECH SOLUTIONS, INC., a Delaware corporation, and AVATECH SOLUTIONS SUBSIDIARY, INC., a Delaware corporation, jointly and severally (collectively, the BORROWERS), and PNC BANK, NATIONAL ASSOCIATION, successor by merger to Mercantile-Safe Deposit and Trust Company (LENDER).

Fourth Modification Agreement (Ad&c Loan Agreement) and Amendment to Project Loan Commitments (August 10th, 2009)

This Fourth Modification Agreement (AD&C Loan Agreement) and Amendment to Project Loan Commitments (this Amendment), dated as of July 1, 2009 (subject to the effectiveness hereof as provided in Paragraph 7 below, the Effective Date), is entered into by and among (i) BLUEGREEN VACATIONS UNLIMITED, INC., a Florida corporation (Bluegreen Vacations), (ii) BLUEGREEN NEVADA, LLC, a Delaware limited liability company (Bluegreen Nevada) (collectively, Borrower), (iii) BLUEGREEN CORPORATION, a Massachusetts corporation (Bluegreen, and collectively with Borrower, the Borrower Parties), and (iv) GMAC COMMERCIAL FINANCE, LLC, a Delaware limited liability company (Lender), successor by merger to RFC Resort Funding, LLC, a Delaware limited liability company (RFC Resort Funding).

Enterprise Financial Services Corporation – Fourth Modification Agreement (March 16th, 2009)

This FOURTH MODIFICATION AGREEMENT (this Agreement) is made and entered into as of April 30, 2008, by and between ENTERPRISE FINANCIAL SERVICES CORP., a Delaware corporation (the Borrower), and U.S. BANK NATIONAL ASSOCIATION, a national banking association (the Lender).

Fourth Modification Agreement (August 15th, 2008)

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

Vineyard National Bancorp – Fourth Modification Agreement and Covenant Waiver (July 3rd, 2008)

This Fourth Modification Agreement and Covenant Waiver (this "Agreement") is made as of July 1, 2008 but effective June 30, 2008 (the "Effective Date"), by and between VINEYARD NATIONAL BANCORP, a California corporation ("Borrower") and FIRST TENNESSEE BANK NATIONAL ASSOCIATION ("Lender"). Unless otherwise set forth herein, all capitalized terms used herein shall have the meaning given such terms in the Loan Documents (defined below).

FORM OF FOURTH MODIFICATION AGREEMENT (New Terms) (February 28th, 2008)

This Fourth Modification Agreement (the Agreement), dated as of for reference purposes only, is made by and between Greenhill & Co. Inc., a Delaware corporation (Borrower), and First Republic Bank, a division of Merrill Lynch Bank & Trust Co., FSB (the Lender), with reference to the following facts:

Avalon Pharmaceuticals, Inc. – Fourth Modification Agreement (February 15th, 2008)

THIS FOURTH MODIFICATION AGREEMENT (Agreement) is made to be effective as of the 14th day of February, 2008, by and between MANUFACTURERS AND TRADERS TRUST COMPANY (Bank); MARYLAND INDUSTRIAL DEVELOPMENT FINANCING AUTHORITY (Issuer); and AVALON PHARMACEUTICALS, INC. (Borrower).

Mack Cali Realty L P – Fourth Modification Agreement (September 27th, 2007)

This FOURTH MODIFICATION AGREEMENT (this Agreement) is made as of September 21, 2007 by and among (a) Mack-Cali Realty, L.P. (the Borrower), (b) the Lenders party hereto, and (c) JPMorgan Chase Bank, N.A. as Administrative Agent (in such capacity, the Administrative Agent) for the Lenders.

Stanley-Martin Communities, LLC – Fourth Modification Agreement (November 30th, 2006)

THIS FOURTH MODIFICATION AGREEMENT (this Modification), dated as of the 20th of November, 2006, by and among NEIGHBORHOODS CAPITAL, LLC, a Virginia limited liability company (Capital), the limited liability companies identified above their executions hereof as Borrowers or Guarantors (Capital and each of the Borrowers and Guarantors, individually, an Obligor, and collectively, the Obligors); the parties identified above their executions hereof as Lenders and other Lenders who may become a party to the Agreement (as hereinafter defined) (each, a Lender and, collectively, the Lenders) and WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association, as a Lender, as Agent for the Lenders and as Issuing Lender.

Natural Gas Services Group, Inc. – Fourth Modification Agreement (September 8th, 2006)

This Fourth Modification Agreement (Fourth Modification Agreement) is effective as of August 28, 2006. The parties to the Fourth Modification Agreement are Natural Gas Services Group, Inc. (Borrower) and Western National Bank (Lender).

Fourth Modification Agreement (May 15th, 2006)

This FOURTH MODIFICATION AGREEMENT ("Agreement") is made, entered and effective as of the 21st day of April, 2006 by and between ETRIALS, INC., a Delaware corporation, formerly known as etrials Worldwide, Inc. ("Borrower"), ETRIALS WORLDWIDE, INC., a Delaware corporation, formerly known as CEA Acquisition Corporation ("Worldwide US"), and ETRIALS WORLDWIDE LIMITED, a corporation organized under the laws of the United Kingdom ("Worldwide UK", and together with Worldwide US, collectively, "Guarantors"), and RBC CENTURA BANK, a North Carolina banking corporation ("Bank").

Horizon Group Properties – Fourth Modification Agreement (June 30th, 2003)

THIS FOURTH MODIFICATION AGREEMENT (this Agreement) is made and entered into this 13th day of June, 2003, by and among HUNTLEY DEVELOPMENT LIMITED PARTNERSHIP, an Illinois limited partnership (Borrower), THE PRIME GROUP, INC., an Illinois corporation (the Released Guarantor), HORIZON GROUP PROPERTIES, INC., a Maryland corporation (the Replacement Guarantor) and BEAL BANK, S.S.B., a savings bank organized under the laws of the State of Texas (Lender).

E-Loan – Fourth Modification Agreement (April 1st, 2002)

THIS FOURTH MODIFICATION AGREEMENT (the "Agreement") is made as of the 28th day of March, 2002, by and among E-LOAN, INC. (the "Borrower"), and GMAC Bank, a federal saving bank (the "Lender").