Fourth Modification Agreement Sample Contracts

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Fourth Modification Agreement • November 15th, 2005 • Five Star Products Inc • Wholesale-hardware & plumbing & heating equipment & supplies
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FOURTH MODIFICATION AGREEMENT
Fourth Modification Agreement • March 31st, 2014 • Adcare Health Systems, Inc • Services-skilled nursing care facilities • Illinois

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
Fourth Modification Agreement • December 29th, 2011 • Image Sensing Systems Inc • Measuring & controlling devices, nec

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”).

FOURTH MODIFICATION AGREEMENT
Fourth Modification Agreement • April 2nd, 2015 • Franklin Covey Co • Services-management services • Utah

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
Fourth Modification Agreement • December 30th, 2009 • Avatech Solutions Inc • Services-prepackaged software • Maryland

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
Fourth Modification Agreement • September 8th, 2006 • Natural Gas Services Group Inc • Oil & gas field services, nec

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
Fourth Modification Agreement • March 31st, 2003 • Krupp Government Income Trust • Real estate investment trusts

This Fourth Modification Agreement is made and entered into as of the 31st day of December, 2002 by and among KRUPP GOVERNMENT INCOME TRUST, a Massachusetts business trust (“GIT”), MC NAB-K C 3 LIMITED PARTNERSHIP, a Massachusetts limited partnership (the “Partnership”), and KRUPP GP, INC., a Massachusetts corporation, GEORGE KRUPP, an individual and DOUGLAS KRUPP, an individual (collectively, the “Partners”).

FOURTH MODIFICATION AGREEMENT (AD&C LOAN AGREEMENT) AND AMENDMENT TO PROJECT LOAN COMMITMENTS
Fourth Modification Agreement • August 10th, 2009 • Bluegreen Corp • Real estate agents & managers (for others) • Arizona

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”).

FOURTH MODIFICATION AGREEMENT
Fourth Modification Agreement • September 27th, 2007 • Mack Cali Realty L P • Real estate investment trusts

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.

FOURTH MODIFICATION AGREEMENT
Fourth Modification Agreement • November 9th, 2010 • Knight Transportation Inc • Trucking (no local) • Arizona

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:

FOURTH MODIFICATION AGREEMENT
Fourth Modification Agreement • February 15th, 2008 • Avalon Pharmaceuticals Inc • Pharmaceutical preparations • Maryland

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”).

FOURTH MODIFICATION AGREEMENT — LEASEHOLD DEED OF TRUST AND SECURITY AGREEMENT
Fourth Modification Agreement • April 1st, 2002 • Bioreliance Corp • Services-commercial physical & biological research • Maryland

THIS FOURTH MODIFICATION AGREEMENT — LEASEHOLD DEED OF TRUST AND SECURITY AGREEMENT (this “Amendment”) is made as of the 1st day of October, 2001 by and among BIORELIANCE CORPORATION, a corporation organized and in good standing under the laws of State of Delaware, successor in interest to and formerly known of record as MICROBIOLOGICAL ASSOCIATES, INC., (the “Grantor”), ELIZABETH F. SHORE, as trustee (the “Trustee”) and BANK OF AMERICA, N.A., successor to NATIONSBANK, N.A., a national banking association successor-in-interest to MARYLAND NATIONAL BANK, a national banking association (the “Beneficiary”).

EXHIBIT 10.36
Fourth Modification Agreement • November 18th, 2002 • Sight Resource Corp • Services-health services
FOURTH MODIFICATION AGREEMENT
Fourth Modification Agreement • May 27th, 2010 • Tessco Technologies Inc • Wholesale-electronic parts & equipment, nec • Maryland

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
Fourth Modification Agreement • August 18th, 2015 • Kennedy-Wilson Holdings, Inc. • Real estate • California

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
Fourth Modification Agreement • March 2nd, 2010 • Franklin Covey Co • Blankbooks, looseleaf binders & bookbindg & relatd work • Utah

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
Fourth Modification Agreement • June 30th, 2003 • Horizon Group Properties Inc • Real estate investment trusts

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”).

FOURTH MODIFICATION AGREEMENT
Fourth Modification Agreement • November 9th, 2016 • Knight Transportation Inc • Trucking (no local) • Arizona

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

FOURTH MODIFICATION AGREEMENT
Fourth Modification Agreement • August 15th, 2008 • Global Water Resources, Inc. • Water supply • Arizona

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

FOURTH MODIFICATION AGREEMENT
Fourth Modification Agreement • February 8th, 2018 • Griffin Industrial Realty, Inc. • Real estate • Connecticut

THIS MODIFICATION is made by and among GRIFFIN CENTER DEVELOPMENT IV, LLC (“GDC IV”) and GRIFFIN CENTER DEVELOPMENT V, LLC (“GCD V”), Connecticut limited liability companies both having an address of 204 West Newberry Road, Bloomfield, Connecticut 06002 (GCD IV and GCD V sometimes the “Co-Borrowers”), GRIFFIN INDUSTRIAL REALTY, INC. (F/K/A GRIFFIN LAND & NURSERIES, INC.), a Delaware corporation with an address of 204 West Newberry Road, Bloomfield, Connecticut 06002 (“GIR”), and WEBSTER BANK, NATIONAL ASSOCIATION, a national association having a principal place of business at 145 Bank Street, Waterbury, Connecticut 06702 (the “Bank”).

FOURTH MODIFICATION AGREEMENT
Fourth Modification Agreement • August 9th, 2016 • Amphastar Pharmaceuticals, Inc. • Pharmaceutical preparations

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
Fourth Modification Agreement • July 27th, 2017 • Aerocentury Corp • Services-equipment rental & leasing, nec • California

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:

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FOURTH MODIFICATION AGREEMENT
Fourth Modification Agreement • November 5th, 2010 • Saul Centers Inc • Real estate investment trusts

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, We

After Recording Return to: Thompson & Knight LLP
Fourth Modification Agreement • March 16th, 2017 • Stratus Properties Inc • Land subdividers & developers (no cemeteries) • Texas
FOURTH MODIFICATION AGREEMENT
Fourth Modification Agreement • June 21st, 2023 • EVO Transportation & Energy Services, Inc. • Retail-auto dealers & gasoline stations • Arizona

Bank has extended to Borrower a loan (the “Loan”) in the original principal amount of $17,033,000 pursuant to that certain Loan Agreement dated as of December 14, 2020 (as amended, the “Loan Agreement”), and evidenced by that certain Promissory Note dated December 14, 2020 (as amended, the “Note”). The unpaid principal balance of the Loan as of the date hereof is $17,244,181.43.

FOURTH MODIFICATION AGREEMENT
Fourth Modification Agreement • October 1st, 2015 • Cole Credit Property Trust V, Inc. • Real estate investment trusts • New York

Initially, the Applicable Rate shall be determined based upon Pricing Level IV. Any increase or decrease in the Applicable Rate resulting from a change in the Leverage Ratio shall become effective as of the first Business Day immediately following the date a Compliance Certificate is delivered pursuant to Section 6.02(a); provided, however, that if a Compliance Certificate is not delivered when due in accordance with such Section, then Pricing Level IV above shall apply as of the first Business Day after the date on which such Compliance Certificate was required to have been delivered (until such time as such delinquent Compliance Certificate is delivered).

FOURTH MODIFICATION AGREEMENT
Fourth Modification Agreement • March 31st, 2014 • Adcare Health Systems, Inc • Services-skilled nursing care facilities • Arkansas

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
Fourth Modification Agreement • November 30th, 2006 • Stanley-Martin Communities, LLC • Operative builders • Virginia

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.

FOURTH MODIFICATION AGREEMENT
Fourth Modification Agreement • July 25th, 2023 • Amrep Corp. • Land subdividers & developers (no cemeteries) • New Mexico
FOURTH MODIFICATION AGREEMENT
Fourth Modification Agreement • November 1st, 2023 • Global Water Resources, Inc. • Water supply • Arizona
FOURTH MODIFICATION AGREEMENT
Fourth Modification Agreement • September 18th, 2012 • Versar Inc • Services-engineering services • Virginia

THIS FOURTH MODIFICATION AGREEMENT (this "Agreement"), effective as of the 2S`h day of September 2006, is by and between UNITED BANK, a Virginia banking corporation (the "Bank"); and VERSAR, INC. a Delaware corporation, GEOMET TECHNOLOGIES, LLC, a Maryland limited liability company, VERSAR GLOBAL SOLUTIONS, INC., a Virginia corporation, and VEC, INC., a Pennsylvania corporation and successor to Versar Environmental Company, Inc. (individually and collectively, the "Borrower").

FOURTH MODIFICATION AGREEMENT
Fourth Modification Agreement • March 16th, 2009 • Enterprise Financial Services Corp • State commercial banks • Missouri

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
Fourth Modification Agreement • April 1st, 2002 • E Loan Inc • Mortgage bankers & loan correspondents • Delaware

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").

FOURTH MODIFICATION AGREEMENT Secured Loan
Fourth Modification Agreement • November 3rd, 2011 • Maui Land & Pineapple Co Inc • Canned, fruits, veg, preserves, jams & jellies

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”).

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