Loan Documents Sample Contracts

Sharps Compliance – First Modification of Loan Documents (August 22nd, 2018)

THIS FIRST MODIFICATION OF LOAN DOCUMENTS (this "Agreement") is entered into effective June 29, 2018, by and among SHARPS COMPLIANCE, INC. OF TEXAS, a Texas corporation d/b/a Sharps Compliance, Inc. ("Borrower") and [REDACTED], a [REDACTED] state chartered bank whose address for purposes of notice is [REDACTED], and its successors and assigns ("Bank"). Unless otherwise defined herein or unless the context indicates otherwise, any word herein beginning with a capitalized letter shall have the meaning ascribed to such word in that certain Loan Agreement (the "Loan Agreement"), dated as of March 29, 2017, between Borrower and Bank.

Impac Mortgage Holdings, Inc. – Confirmation and Amendment of Loan Documents (August 9th, 2018)

THIS CONFIRMATION AND AMENDMENT OF LOAN DOCUMENTS ("Confirmation and Amendment"), is executed to be effective as of May 16, 2018, by and between IMPAC MORTGAGE CORP., a California corporation (hereinafter referred to as "Borrower"), and MERCHANTS BANK OF INDIANA (hereinafter referred to as "Lender");

MR2 Group, Inc. – ADDENDUM TO LOAN DOCUMENTS (MR2 Group, Inc.) (August 6th, 2018)

THIS ADDENDUM TO LOAN DOCUMENTS (the "Addendum") is entered into as of August 2, 2018, by MR2 GROUP, INC., a Nevada corporation ("Borrower"), and WESTERN ALLIANCE BANK, an Arizona corporation ("Lender").

MR2 Group, Inc. – ADDENDUM TO LOAN DOCUMENTS (MR2 Group, Inc.) (August 6th, 2018)

THIS ADDENDUM TO LOAN DOCUMENTS (the "Addendum") is entered into as of August 2, 2018, by MR2 GROUP, INC., a Nevada corporation ("Borrower"), and WESTERN ALLIANCE BANK, an Arizona corporation ("Lender").

American Complex Care Inc – Amendment to Certain Loan Documents (July 3rd, 2018)

THIS AMENDMENT TO CERTAIN LOAN DOCUMENTS ("Amendment") is made and executed as of the 27th day of June, 2018 ("Effective Date"), by and among SUMMER ENERGY, LLC, a Texas limited liability company ("Borrower"), SUMMER ENERGY HOLDINGS, INC., a Nevada corporation ("Guarantor"), and BLUE WATER CAPITAL FUNDING, LLC, a Florida limited liability company ("Lender").

Avalon Holdings Corporation – Loan Documents Addendum (May 31st, 2018)

Avalon Holdings Corporation, American Waste Management Services, Inc., American Landfill Management, Inc., American Construction Supply, Inc., Avalon Golf and Country Club, Inc., Avalon Country Club at Sharon, Inc., Avalon Lakes Golf, Inc., TBG, Inc., Avalon Travel, Inc., The Havana Cigar Shop, Inc., American NJ, L.L.C., Avalon Resort And Spa LLC, Avalon Resorts and Clubs, Inc., Avalon Resorts, Inc., Avalon Clubs, Inc., Avalon Mahoning Sports Center, Inc.

Impac Mortgage Holdings, Inc. – Confirmation and Amendment of Loan Documents (March 16th, 2018)

THIS CONFIRMATION AND AMENDMENT OF LOAN DOCUMENTS ("Confirmation and Amendment"), is executed to be effective as of February 7, 2018, by and between IMPAC MORTGAGE CORP., a California corporation (hereinafter referred to as "Borrower"), and MERCHANTS BANK OF INDIANA (hereinafter referred to as "Lender");

Rocky Brands – Amendment No. 2 to Loan Documents (March 12th, 2018)

Rocky Brands, Inc., an Ohio corporation ("Parent"), Lehigh Outfitters, LLC, a Delaware limited liability company ("Lehigh"), Lifestyle Footwear, Inc., a Delaware corporation ("Lifestyle"), Rocky Brands US, LLC, a Delaware limited liability company formerly known as Rocky Brands Wholesale LLC and successor by merger to Creative Recreation, LLC and Creative Recreation Retail, LLC ("Rocky US"), Rocky Brands International, LLC, an Ohio limited liability company and successor by merger to Creative Recreation International, LLC ("Rocky International"), and Rocky Brands Canada, Inc., a corporation formed under the laws of the Province of Nova Scotia and a continuation of a corporation formed under the laws of the Province of Ontario ("Rocky Canada") (Parent, Lehigh, Lifestyle, Rocky US, Rocky International, and Rocky Canada, collectively, the "Borrowers" and individually a "Borrower"), the Lenders listed on the signatures pages hereto, including U.S. Bank National Association (collectively, t

2 31724512 and Constitutes a Legal, Valid and Binding Obligation of Such Security Party, Enforceable Against Such Security Party in Accordance With Its Terms, Except as the Enforceability Hereof May Be Limited by Bankruptcy, Insolvency, Reorganization, Moratorium and Other Laws Affecting Creditors' Rights and Remedies in General. 3. No Defaults. Each of the Security Parties Hereby Represents and Warrants That, After Giving Effect to This Amendment, No Event of Default Nor Event Which, With the Passage of Time, Giving of Notice or Both Would Become an Event of Default, Has Occurred or Is Contin (March 9th, 2018)
Confirmation, Ratification and Amendment of Ancillary Loan Documents (December 4th, 2017)

This Confirmation, Ratification and Amendment of Ancillary Loan Documents (this "Agreement") is made as of October 19, 2017, by and among:

CD 2017-CD6 Mortgage Trust – Page 1. Definitions; Conflicts 2 2. Servicing of the Mortgage Loan 13 3. Priority of Notes 15 4. Workout 15 5. Accounts; Payment Procedure 16 6. Limitation on Liability 17 7. Representations of the Holders 17 8. Independent Analyses of Each Holder 18 9. No Creation of a Partnership or Exclusive Purchase Right 18 10. Not a Security 18 11. Other Business Activities of the Holders 18 12. Transfer of Notes 18 13. Exercise of Remedies by the Servicer 21 14. Rights of the Directing Holder 22 15. Appointment of Special Servicer 24 16. Rights of the Non-Directing Holders 24 17. Advances; Reimbursement (November 30th, 2017)

THIS CO-LENDER AGREEMENT (the "Agreement"), dated as of October 31, 2017, is between DEUTSCHE BANK AG, NEW YORK BRANCH ("DBNY"), a branch of Deutsche Bank AG, a German Bank, having an address at 60 Wall Street, 10th Floor, New York, New York 10005, as the holder of Note A-1, Note A-2, Note A-3 and Note A-4.

Amendment No. 10 to Loan Documents (November 21st, 2017)

This Amendment No. 10 to Loan Documents (this "Amendment") dated as of November 17, 2017, is between BANK OF AMERICA, N.A. (the "Lender") and HIBBETT SPORTS, INC. (the "Borrower").

JPMDB Commercial Mortgage Securities Trust 2017-C7 – Page 1. Definitions; Conflicts 2 2. Servicing of the Mortgage Loan 13 3. Priority of Notes 15 4. Workout 15 5. Accounts; Payment Procedure 16 6. Limitation on Liability 17 7. Representations of the Holders 17 8. Independent Analyses of Each Holder 18 9. No Creation of a Partnership or Exclusive Purchase Right 18 10. Not a Security 18 11. Other Business Activities of the Holders 18 12. Transfer of Notes 18 13. Exercise of Remedies by the Servicer 21 14. Rights of the Directing Holder 22 15. Appointment of Special Servicer 24 16. Rights of the Non-Directing Holders 24 17. Advances; Reimbursement (October 31st, 2017)

THIS CO-LENDER AGREEMENT (the "Agreement"), dated as of October 31, 2017, is between DEUTSCHE BANK AG, NEW YORK BRANCH ("DBNY"), a branch of Deutsche Bank AG, a German Bank, having an address at 60 Wall Street, 10th Floor, New York, New York 10005, as the holder of Note A-1, Note A-2, Note A-3 and Note A-4.

Blackhawk Network Holdings Inc – Affirmation of Guaranty and Loan Documents (October 17th, 2017)

Each of the undersigned (the "Subsidiary Guarantors") hereby (i) acknowledges receipt of a copy of that certain Second Amendment to Credit Agreement dated as of the date hereof (the "Amendment") among Blackhawk Network Holdings, Inc., the lenders referred to therein and Wells Fargo Bank, National Association, as Administrative Agent, relating to the "Credit Agreement" as defined therein (the "Credit Agreement"), (ii) consents to the Amendment and each of the transactions referenced therein, (iii) reaffirms its obligations under the Subsidiary Guaranty Agreement and each other Loan Document to which it is a party and (iv) agrees that all references in any such other Loan Document to the "Credit Agreement" shall mean and be a reference to the Credit Agreement as amended by the Amendment. Capitalized terms used herein, but not otherwise defined herein, shall have the meanings ascribed to such terms in the Credit Agreement, as amended by the Amendment. Although the Subsidiary Guarantors

Amendment Number Two to Loan Documents (February 15th, 2017)

This Amendment Number Two to Loan Documents ("Amendment"), dated as of February 9, 2017 ("Effective Date"), is entered into by and among RiceBran Technologies, a California corporation (the "Company"), and the persons and entities listed on the schedule of investors attached hereto as Exhibit A (each an "Investor" and, collectively, the "Investors"). The parties agree as follows:

Avalon Holdings Corporation – Loan Documents Addendum (December 21st, 2016)

Avalon Holdings Corporation, American Waste Management Services, Inc., American Landfill Management, Inc., American Construction Supply, Inc., Avalon Golf and Country Club, Inc., Avalon Country Club at Sharon, Inc., Avalon Lakes Golf, Inc., TBG, Inc., Avalon Travel, Inc., The Havana Cigar Shop, Inc., American Waste NJ, L.L.C., Avalon Resort And Spa LLC, Avalon Resorts and Clubs, Inc., Avalon Resorts, Inc., Avalon Clubs, Inc.

Minn Shares Inc – SECOND Amendment to Senior Bridge Loan Documents (November 29th, 2016)

This Second Amendment to Senior Bridge Loan Documents, (as hereinafter defined), is entered into effective as of the 26th day of September, 2016 (the "Second Amendment").

Amendment No. 9 to Loan Documents (November 18th, 2016)

This Amendment No. 9 to Loan Documents (this "Amendment") dated as of November 18, 2016, is between BANK OF AMERICA, N.A. (the "Lender") and HIBBETT SPORTS, INC. (the "Borrower").

Inland Residential Properties Trust, Inc. – Modification of Loan Documents (October 4th, 2016)

THIS MODIFICATION OF LOAN DOCUMENTS (this "Agreement") is made as of September 30, 2016 by and among IRESI FREDERICK MARKET SQUARE, L.L.C., a Delaware limited liability company ("Borrower"), INLAND REAL ESTATE INVESTMENT CORPORATION, a Delaware corporation ("Initial Term Guarantor"), INLAND RESIDENTIAL PROPERTIES TRUST, INC., a Maryland corporation ("Substitute Guarantor", and together with Initial Term Guarantor, "Guarantors") and PARKWAY BANK AND TRUST COMPANY, an Illinois banking corporation, its successors and assigns ("Lender").

Delta Tucker Holdings, Inc. – Page ARTICLE I INTERPRETATION 1 Section 1.1 Defined Terms 1 Section 1.2 Other Interpretive Provisions 30 ARTICLE II CREDIT FACILITY 31 Section 2.1 Loans 31 Section 2.2 Interest 31 Section 2.3 Repayment 31 Section 2.4 Prepayments 31 Section 2.5 Computation of Interest 32 Section 2.6 Evidence of Indebtedness 32 Section 2.7 Payments by the Borrower 32 ARTICLE III CONDITIONS TO LOANS 32 Section 3.1 Conditions to Loans 32 ARTICLE IV CERTAIN REPRESENTATIONS AND WARRANTIES 34 Section 4.1 Organization; Power; Qualification 35 Section 4.2 Authorization; Enforceability 35 Section 4.3 Litigation 35 Secti (June 16th, 2016)

DYNCORP INTERNATIONAL INC., a Delaware corporation, as Borrower, Delta Tucker Holdings, Inc., the Subsidiary Guarantors (as defined below) party hereto from time to time, DYNCORP FUNDING LLC, a Delaware limited liability company, as Lender and DYNCORP FUNDING LLC, a Delaware limited liability company as collateral agent (in such capacity, the Collateral Agent), agree as follows (with certain terms used herein being defined in Article I):

Atlas Financial Holdings Inc. – Modification of Loan Documents (May 10th, 2016)

THIS MODIFICATION OF LOAN DOCUMENTS (as amended, restated or replaced from time to time, this "Agreement") is made as of the __ day of _____, 2016 by and between AMERICAN INSURANCE ACQUISITION INC., a Delaware corporation (the "Borrower"), which has its chief executive office located at 150 Northwest Point Blvd., 3rd Floor, Elk Grove Village, Illinois 60007 and FIFTH THIRD BANK, an Ohio banking corporation (the "Bank"), whose address is 1701 Golf Road, Suite 900, Rolling Meadows, Illinois 60008.

TeamStaff – DLH Holdings, Corp - Term Note Page 2 6036186 6574747.2 Other Loan Document Falls Due on a Day Which Is Not a Business Day, Such Payment May Be Made on the Next Succeeding Business Day. Section 4 Events of Default. Subject to the Provisions of the Loan Agreement With Respect to Borrower's Right to Notice and Opportunity to Cure or Any Applicable Grace Period, the Occurrence of an "Event of Default" Under, and as Such Term Is Defined In, the Loan Agreement Shall Constitute an Event of Default Hereunder. Upon the Occurrence and During the Continuation of an Event of Default, Bank Shall Have the (May 6th, 2016)
Confirmation, Ratification and Amendment of Ancillary Loan Documents (April 12th, 2016)

This Confirmation, Ratification and Amendment of Ancillary Loan Documents (this "Agreement") is made as of the 8th day of April, 2016, by and among:

Higher One Holdings – Master Reaffirmation and Amendment No. 5 to Loan Documents (March 15th, 2016)

THIS MASTER REAFFIRMATION AND AMENDMENT NO. 5 TO LOAN DOCUMENTS (this "Amendment") is made as of the 23rd day of October, 2015, by and among HIGHER ONE, INC., a Delaware corporation (the "Borrower"), the Guarantors, the Lenders, and BANK OF AMERICA, N.A., as Administrative Agent, Swingline Lender and L/C Issuer (the "Agent"). Unless otherwise defined herein, capitalized terms used herein shall have the meanings ascribed to them in the Credit Agreement described below.

Rocky Brands – Amendment No. 1 to Loan Documents (March 3rd, 2016)

Rocky Brands, Inc., an Ohio corporation ("Parent"), Lehigh Outfitters, LLC, a Delaware limited liability company ("Lehigh"), Lifestyle Footwear, Inc., a Delaware corporation ("Lifestyle"), Rocky Brands US, LLC, a Delaware limited liability company formerly known as Rocky Brands Wholesale LLC and successor by merger to Creative Recreation, LLC and Creative Recreation Retail, LLC ("Rocky US"), Rocky Brands International, LLC, an Ohio limited liability company and successor by merger to Creative Recreation International, LLC ("Rocky International"), and Rocky Brands Canada, Inc., a corporation formed under the laws of the Province of Nova Scotia and a continuation of a corporation formed under the laws of the Province of Ontario ("Rocky Canada") (Parent, Lehigh, Lifestyle, Rocky US, Rocky International, and Rocky Canada, collectively, the "Borrowers" and individually a "Borrower"), the Lenders listed on the signatures pages hereto, including U.S. Bank National Association (collectively, t

Isis Pharmaceuticals, Inc. – Amendment No. 1 to Loan Documents (January 5th, 2016)

This Amendment No. 1 to Loan Documents (the "Amendment"), dated as of December 30, 2015, is made by and between IONIS PHARMACEUTICALS, INC., f/k/a ISIS PHARMACEUTICALS, INC. (the "Borrower"), and MORGAN STANLEY PRIVATE BANK, NATIONAL ASSOCIATION, a national banking association (the "Lender").

Amendment No. 8 to Loan Documents (November 20th, 2015)

This Amendment No. 8 to Loan Documents (this "Amendment") dated as of November 18, 2015, is between BANK OF AMERICA, N.A. (the "Lender") and HIBBETT SPORTS, INC. (the "Borrower").

Amendment No. 4 to Loan Documents (November 17th, 2015)

SYPRIS SOLUTIONS, INC. ("Holdings"), SYPRIS TECHNOLOGIES, INC. ("Technologies"), SYPRIS ELECTRONICS, LLC ("Electronics"), SYPRIS DATA SYSTEMS, INC. ("Data Systems"), SYPRIS TECHNOLOGIES MARION, LLC ("Marion"), SYPRIS TECHNOLOGIES KENTON, INC. ("Kenton"), SYPRIS TECHNOLOGIES MEXICAN HOLDINGS, LLC ("Mexican Holdings"), SYPRIS TECHNOLOGIES NORTHERN, INC. ("Northern"), SYPRIS TECHNOLOGIES SOUTHERN, INC. ("Southern"), and SYPRIS TECHNOLOGIES INTERNATIONAL, INC. ("International") (each a "Borrower", and collectively the "Borrowers") and PNC BANK, NATIONAL ASSOCIATION, as Agent ("PNC", and in such capacity, "Agent") and Lender, agree as follows in this Amendment No. 4 to Loan Documents (the "Amendment") effective as of September 30, 2015 (the "Effective Date"):

loanDepot, Inc. – Amended and Restated Promissory Note (October 8th, 2015)

FOR VALUE RECEIVED, loanDepot.com, LLC, a Delaware limited liability company (Borrower), hereby promises to pay to the order of EverBank, a federal savings association (Bank), with an address at 100 Summer Street, Suite 3232, Boston, Massachusetts 02110, the principal amount of Fifty Million and No/100 Dollars ($50,000,000.00) or such lesser principal amount as from time to time shall be outstanding hereunder, as reflected in the books and records of Bank, together with interest on the principal balance from time to time outstanding hereunder, from (and including) the date of disbursement until (but not including) the date of payment, at a per annum rate equal to the Stated Interest Rate specified below or, to the extent applicable, the Default Interest Rate specified below, in accordance with the following terms and conditions:

Usmd Holdings Inc. – Amended and Restated Guaranty Agreement (September 24th, 2015)

AMENDED AND RESTATED GUARANTY AGREEMENT, dated as of September 18, 2015, made by MAT-RX DEVELOPMENT, L.L.C., a Texas limited liability company (the Guarantor), in favor of JPMORGAN CHASE BANK, N.A., as administrative agent (in such capacity, the Administrative Agent) for the lenders (the Lenders) from time to time parties to the Amended and Restated Credit Agreement, dated as of even date herewith (as amended, restated, supplemented or otherwise modified from time to time, the Credit Agreement), among USMD HOSPITAL AT ARLINGTON, L.P., a Texas limited partnership (the Borrower), the Lenders and the Administrative Agent.

Fourth Amendment to Third Amended and Restated Loan and Security Agreement and Amendment to Certain Other Loan Documents (August 24th, 2015)

This Fourth Amendment to Third Amended and Restated Loan and Security Agreement and Amendment to Certain Other Loan Documents (this "Amendment") is made as of August 18, 2015 by and among:

Amendment No. 3 to Loan Documents (August 18th, 2015)

SYPRIS SOLUTIONS, INC. ("Holdings"), SYPRIS TECHNOLOGIES, INC. ("Technologies"), SYPRIS ELECTRONICS, LLC ("Electronics"), SYPRIS DATA SYSTEMS, INC. ("Data Systems"), SYPRIS TECHNOLOGIES MARION, LLC ("Marion"), SYPRIS TECHNOLOGIES KENTON, INC. ("Kenton"), SYPRIS TECHNOLOGIES MEXICAN HOLDINGS, LLC ("Mexican Holdings"), SYPRIS TECHNOLOGIES NORTHERN, INC. ("Northern"), SYPRIS TECHNOLOGIES SOUTHERN, INC. ("Southern"), and SYPRIS TECHNOLOGIES INTERNATIONAL, INC. ("International") (each a "Borrower", and collectively the "Borrowers") and PNC BANK, NATIONAL ASSOCIATION, as Agent ("PNC", and in such capacity, "Agent") and Lender, agree as follows in this Amendment No. 3 to Loan Documents (the "Amendment") effective as of June 29, 2015 (the "Effective Date"):

SUPERPRIORITY SECURED DEBTOR-IN-POSSESSION CREDIT AGREEMENT Dated as of August 6, 2015 Among ALPHA NATURAL RESOURCES, INC., a Debtor and Debtor-In-Possession Under Chapter 11 of the Bankruptcy Code, as Borrower, THE SUBSIDIARIES OF ALPHA NATURAL RESOURCES, INC. PARTY HERETO, Each Debtor and Debtor-In-Possession Under Chapter 11 of the Bankruptcy Code, as Guarantors, THE LENDERS PARTY HERETO, THE ISSUING BANKS PARTY HERETO, CITIBANK, N.A., as Administrative Agent and as Collateral Agent, and CITIGROUP GLOBAL MARKETS INC., as Sole Lead Arranger and Sole Book Manager (August 12th, 2015)

SUPERPRIORITY SECURED DEBTOR-IN-POSSESSION CREDIT AGREEMENT dated as of August 6, 2015 (this Agreement), among ALPHA NATURAL RESOURCES, INC., a Delaware corporation and a Debtor and Debtor-in-Possession under Chapter 11 of the Bankruptcy Code (the Borrower), the SUBSIDIARY GUARANTORS party hereto from time to time, each a Debtor and Debtor-in-Possession under Chapter 11 of the Bankruptcy Code, the LENDERS party hereto from time to time, the ISSUING BANKS party hereto from time to time, CITIBANK, N.A., as administrative agent (in such capacity, the Administrative Agent) and as collateral agent (in such capacity, the Collateral Agent) for the Lenders, and CITIGROUP GLOBAL MARKETS INC., as sole lead arranger and sole book manager (in such capacity, the Lead Arranger).

Lightning Gaming, Inc. – Debt Conversion Agreement (August 10th, 2015)

THIS DEBT CONVERSION AGREEMENT (this "Agreement"), dated as of August 6, 2015, is made and entered into by and among Lightning Gaming, Inc., a Nevada corporation ("LGI"), Lightning Poker, Inc., a Pennsylvania corporation ("LPI" and together with LGI, the "Lightning Parties"), and The Co-Investment Fund, II, L.P., a Pennsylvania limited partnership ("CI2" and together with the Lightning Parties, the "Parties," and each of the foregoing, a "Party").

Higher One Holdings – Master Reaffirmation and Amendment No. 4 to Loan Documents (August 7th, 2015)

THIS MASTER REAFFIRMATION AND AMENDMENT NO. 4 TO LOAN DOCUMENTS (this "Amendment") is made as of the 17th day of June, 2015, by and among HIGHER ONE, INC., a Delaware corporation (the "Borrower"), the Guarantors, the Lenders, and BANK OF AMERICA, N.A., as Administrative Agent, Swingline Lender and L/C Issuer (the "Agent"). Unless otherwise defined herein, capitalized terms used herein shall have the meanings ascribed to them in the Credit Agreement described below.