Loan Documents Sample Contracts

Sharps Compliance Corp – 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.

Alternative Investment Corp – ASSIGNMENT OF LOAN DOCUMENTS (August 20th, 2018)

This Assignment of Loan Documents (“Assignment”) is made effective as of June 15, 2018, by and among BASIL AND BARNS CAPITAL INC., a New York limited liability company (DOS ID No. 4889176) with principal offices located at 150 East 52nd Street, New York, NY 10022 (“Assignor”) and Alternative Strategy Partners Pte. Ltd., a Singapore corporation with principal offices located at 10 Collyer Quay Level 40 #40-53, Ocean Financial Centre, Singapore 049315 (“Assignee”).

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”).

Summer Energy Holdings 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 Corp – 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, Inc. – 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

Era Group Inc. – 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)
KBS Real Estate Investment Trust II, Inc. – Forward-Looking Statements The information contained herein should be read in conjunction with, and is qualified by, the information in KBS Real Estate Investment Trust II’s (“KBS REIT II”) Annual Report on Form 10-K for the year ended December 31, 2016, filed with the Securities and Commission Exchange (the “SEC”) on March 13, 2017 (the “Annual Report”), and in KBS REIT II’s Quarterly Report on Form 10-Q for the quarter ended September 30, 2017 (the “Quarterly Report”), filed with the SEC on November 14, 2017, including the “Risk Factors” contained in the Annual Report. For a full description (December 11th, 2017)
Abercrombie & Fitch Co /De/ – CONFIRMATION, RATIFICATION AND AMENDMENT OF ANCILLARY LOAN DOCUMENTS Made as of October 19, 2017 among ABERCROMBIE & FITCH MANAGEMENT CO., for Itself and as Lead Borrower for The Other Borrowers Party Hereto, The Guarantors Party Hereto, and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent and Collateral Agent (December 4th, 2017)

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

Hibbett Sports Inc – 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").

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

CalAmp Corp. – Twelfth Amendment to Loan Documents (May 15th, 2017)

THIS TWELFTH AMENDMENT TO LOAN DOCUMENTS (this “Amendment”) is entered into between PACIFIC WESTERN BANK (“Lender”) and the borrowers named above (jointly and severally, the “Borrower”).

RiceBran Technologies – 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 Corp – 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.

KBS Real Estate Investment Trust II, Inc. – Forward-Looking Statements The information contained herein should be read in conjunction with, and is qualified by, the information in KBS Real Estate Investment Trust II’s (“KBS REIT II”) Annual Report on Form 10-K for the year ended December 31, 2015, filed with the Securities and Commission Exchange (the “SEC”) on March 16, 2016 (the “Annual Report”), and in KBS REIT II’s Quarterly Report on Form 10-Q for the quarter ended September 30, 2016 (the “Quarterly Report”), filed with the SEC on November 8, 2016, including the “Risk Factors” contained in the Annual Report and referenced in the Qu (December 15th, 2016)
Affimed N.V. – Omnibus DEED OF Pledge dated 30 November 2016 between Affimed N.V. as Pledgor and Silicon Valley Bank as Pledgee in connection with a Loan Agreement and any other related loan documents (December 6th, 2016)
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”).

Hibbett Sports Inc – 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").

Inseego Corp. – JOINDER AND TENTH AMENDMENT TO CREDIT AND SECURITY AGREEMENT AND OTHER LOAN DOCUMENTS AND CONSENT (November 9th, 2016)

THIS JOINDER AND TENTH AMENDMENT TO CREDIT AND SECURITY AGREEMENT AND OTHER LOAN DOCUMENTS AND CONSENT (this “Amendment”), dated as of November 8, 2016, is entered into by and among NOVATEL WIRELESS, INC., a Delaware corporation (“Novatel”), ENFORA, INC., a Delaware corporation (“Enfora”), and FEENEY WIRELESS, LLC, an Oregon limited liability company (“Feeney Wireless”; Novatel, Enfora and Feeney Wireless are sometimes referred to in this Amendment individually as a “Borrower” and collectively as the “Borrowers”), R.E.R. ENTERPRISES, INC., an Oregon corporation (“RER Enterprises”), and FEENEY WIRELESS IC-DISC, INC., a Delaware corporation (“Feeney Wireless IC-DISC”; RER Enterprises and Feeney Wireless IC-DISC are sometimes referred to in this Amendment individually as a “Guarantor” and collectively as the “Guarantors”), INSEEGO CORP. (f/k/a VANILLA TECHNOLOGIES, INC.), a Delaware corporation (the “New Guarantor”), and WELLS FARGO BANK, NATIONAL ASSOCIATION (the “Lender”). Borrowers and

Inseego Corp. – JOINDER AND TENTH AMENDMENT TO CREDIT AND SECURITY AGREEMENT AND OTHER LOAN DOCUMENTS AND CONSENT (November 9th, 2016)

THIS JOINDER AND TENTH AMENDMENT TO CREDIT AND SECURITY AGREEMENT AND OTHER LOAN DOCUMENTS AND CONSENT (this “Amendment”), dated as of November 8, 2016, is entered into by and among NOVATEL WIRELESS, INC., a Delaware corporation (“Novatel”), ENFORA, INC., a Delaware corporation (“Enfora”), and FEENEY WIRELESS, LLC, an Oregon limited liability company (“Feeney Wireless”; Novatel, Enfora and Feeney Wireless are sometimes referred to in this Amendment individually as a “Borrower” and collectively as the “Borrowers”), R.E.R. ENTERPRISES, INC., an Oregon corporation (“RER Enterprises”), and FEENEY WIRELESS IC-DISC, INC., a Delaware corporation (“Feeney Wireless IC-DISC”; RER Enterprises and Feeney Wireless IC-DISC are sometimes referred to in this Amendment individually as a “Guarantor” and collectively as the “Guarantors”), INSEEGO CORP. (f/k/a VANILLA TECHNOLOGIES, INC.), a Delaware corporation (the “New Guarantor”), and WELLS FARGO BANK, NATIONAL ASSOCIATION (the “Lender”). Borrowers and

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").

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.

DLH Holdings Corp. – DLH Holdings, DLH Solutions and Danya International – Revolver Note 6574743 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, (May 6th, 2016)
DLH Holdings Corp. – 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)
Sears Holdings Corp – 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, Inc. – 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, Inc. – 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

Ionis 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”).

KBS Real Estate Investment Trust, Inc. – Forward-Looking Statements The information contained herein should be read in conjunction with, and is qualified by, the information in KBS Real Estate Investment Trust’s (“KBS REIT I”) Annual Report on Form 10-K for the year ended December 31, 2014, filed with the Securities and Commission Exchange (the “SEC”) on March 10, 2015, and in KBS REIT I’s Quarterly Report on Form 10-Q for the period ended September 30, 2015, filed with the SEC on November 12, 2015, including the “Risk Factors” contained in such filings. For a full description of the limitations, methodologies and assumptions used to (December 10th, 2015)
KBS Real Estate Investment Trust II, Inc. – Forward-Looking Statements The information contained herein should be read in conjunction with, and is qualified by, the information in KBS Real Estate Investment Trust II’s (“KBS REIT II”) Annual Report on Form 10-K for the year ended December 31, 2014, filed with the Securities and Commission Exchange (the “SEC”) on March 9, 2015 (the “Annual Report”), and in KBS REIT II’s Quarterly Report on Form 10-Q for the quarter ended September 30, 2015 (the “Quarterly Report”), filed with the SEC on November 12, 2015, including the “Risk Factors” contained in the Annual Report. For a full description (December 9th, 2015)
Hibbett Sports Inc – 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").

Sypris Solutions Inc – 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”):