Loan Modification Agreement Sample Contracts

Loan Modification Agreement (August 7th, 2018)
Loan Modification Agreement (July 5th, 2018)

THIS LOAN MODIFICATION AGREEMENT, dated as of July 2, 2018 and effective as of June 30, 2018, by and between MEDALLION FINANCIAL CORP., a Delaware corporation having an address of 437 Madison Avenue, New York, New York 10022 (the Borrower), MEDALLION FUNDING LLC, a New York limited liability company, with its chief executive office located at 437 Madison Avenue, New York, New York 10022, and MEDALLION FINE ART, INC., a Delaware corporation, with its chief executive office located at 437 Madison Avenue, New York, New York 10022 (individually, a Guarantor and collectively the Guarantors), and STERLING NATIONAL BANK, a national banking association having an address of 500 Seventh Avenue, New York, New York 10018 (the Bank).

Construction Partners, Inc. – Loan Modification Agreement and Amendment to Loan Documents (May 25th, 2018)

THIS LOAN MODIFICATION AGREEMENT AND AMENDMENT TO LOAN DOCUMENTS (this Agreement) is being entered into as of the 15th day of May, 2018, by and among CONSTRUCTION PARTNERS HOLDINGS, INC., a Delaware corporation, formerly known as Construction Partners, Inc. (Holdings); WIREGRASS CONSTRUCTION COMPANY, INC., an Alabama corporation (Wiregrass Construction); FRED SMITH CONSTRUCTION, INC., a North Carolina corporation (Fred Smith Construction); FSC II, LLC, a North Carolina limited liability company (FSC); C. W. ROBERTS CONTRACTING, INCORPORATED, a Florida corporation (Roberts Contracting); EVERETT DYKES GRASSING CO., INC., a Georgia corporation (Everett Dykes and together with Holdings, Wiregrass Construction, Fred Smith Construction, FSC and Roberts Contracting, Original Borrowers); THE SCRUGGS COMPANY, a Georgia corporation (Scruggs Company and together with the Original Borrowers, the Borrowers); CONSTRUCTION PARTNERS, INC., a Delaware corporation, formerly known as SunTx CPI Growth Com

Shepherd's Finance, LLC – Master Loan Modification Agreement (April 18th, 2018)

THIS AGREEMENT, Made and entered into as of this 11th day of April, 2018, by and between SHEPHERD'S FINANCE, LLC, a Delaware limited liability company, having an address at 12627 San Jose Blvd., Suite 203, Jacksonville, FL 32223 (the "Borrower"), and PAUL SWANSON (the "Lender").

Construction Partners, Inc. – Loan Modification Agreement and Amendment to Loan Documents (April 6th, 2018)

THIS LOAN MODIFICATION AGREEMENT AND AMENDMENT TO LOAN DOCUMENTS (this Agreement) is being entered into as of the 14th day of November, 2017, by and among CONSTRUCTION PARTNERS HOLDINGS, INC., a Delaware corporation, formerly known as Construction Partners, Inc. (Holdings); WIREGRASS CONSTRUCTION COMPANY, INC., an Alabama corporation (Wiregrass Construction); FRED SMITH CONSTRUCTION, INC., a North Carolina corporation (Fred Smith Construction); FSC II, LLC, a North Carolina limited liability company (FSC); C. W. ROBERTS CONTRACTING, INCORPORATED, a Florida corporation (Roberts Contracting); EVERETT DYKES GRASSING CO., INC., a Georgia corporation (Everett Dykes and together with Holdings, Wiregrass Construction, Fred Smith Construction, FSC and Roberts Contracting, Borrowers); CONSTRUCTION PARTNERS, INC., a Delaware corporation, formerly known as SunTx CPI Growth Company, Inc. (CPI fka SunTx); COMPASS BANK, a bank organized under the laws of the State of Alabama, as agent for the Lender

Construction Partners, Inc. – Loan Modification Agreement and Amendment to Loan Documents (April 6th, 2018)

THIS LOAN MODIFICATION AGREEMENT AND AMENDMENT TO LOAN DOCUMENTS (this Agreement) is being entered into as of the 31 day of December, 2017, by and among CONSTRUCTION PARTNERS HOLDINGS, INC., a Delaware corporation, formerly known as Construction Partners, Inc. (Holdings); WIREGRASS CONSTRUCTION COMPANY, INC., an Alabama corporation (Wiregrass Construction); FRED SMITH CONSTRUCTION, INC., a North Carolina corporation (Fred Smith Construction); FSC II, LLC, a North Carolina limited liability company (FSC); C. W. ROBERTS CONTRACTING, INCORPORATED, a Florida corporation (Roberts Contracting); EVERETT DYKES GRASSING CO., INC., a Georgia corporation (Everett Dykes and together with Holdings, Wiregrass Construction, Fred Smith Construction, FSC and Roberts Contracting, Borrowers); CONSTRUCTION PARTNERS, INC., a Delaware corporation, formerly known as SunTx CPI Growth Company, Inc. (Guarantor); COMPASS BANK, a bank organized under the laws of the State of Alabama, as agent for the Lenders and

Americann, Inc. – Americann, Inc. Loan Modification Agreement (February 2nd, 2018)
Merchants Bancorp – Sixth Loan Modification Agreement (September 25th, 2017)

This Sixth Loan Modification Agreement (Agreement) is made this 23 day of June, 2017 to be effective as of June 2, 2017 and is entered into at Indianapolis, Indiana, by and among The Huntington National Bank, a national banking association (Lender), with a principal mailing address of 45 North Pennsylvania Street, Suite 200, Indianapolis, Indiana 46204; Merchants Bancorp, an Indiana corporation (Borrower), with a principal mailing address of 11711 North Meridian Street, Suite 528, Carmel, Indiana 46032; and Providence Bank, a Missouri state banking corporation (Participating Lender), with a principal mailing address of 815 West Stadium Boulevard, Jefferson City, Missouri 65109.

Fitlife Brands, Inc. – Loan Modification Agreement (August 31st, 2017)

THIS LOAN MODIFICATION AGREEMENT (the "Agreement") is dated as of August 28, 2017, to be effective as of August 15, 2017 (the "Effective Date") unless otherwise specified below, by and between U.S. Bank National Association (the "Bank"), FitLife Brands, Inc., f/k/a Bond Laboratories, Inc. (the "Borrower"), NDS Nutrition Products Inc., a Florida corporation ("NPI"), and Isatori, Inc., a Delaware corporation (" satori" and along with NPI, collectively the "Guarantors") with reference to the following:

American Realty Capital Hospitality Trust, Inc. – Note Consolidation and Splitter and Loan Modification Agreement (August 10th, 2017)

THIS NOTE CONSOLIDATION AND SPLITTER AND LOAN MODIFICATION AGREEMENT (this "Agreement") is made as of May 24, 2017 by and among HIT PORTFOLIO I MEZZ, LP, a Delaware limited partnership, having an address at c/o Hospitality Investors Trust, Inc., 3950 University Drive, Fairfax, Virginia 22030 (together with its permitted successors and assigns, "Borrower"), HIT PORTFOLIO I TRS HOLDCO, LLC, a Delaware limited liability company, having an address at c/o Hospitality Investors Trust, Inc., 3950 University Drive, Fairfax, Virginia 22030 (together with its permitted successors and assigns, "Leasehold Pledgor"), DEUTSCHE BANK AG, NEW YORK BRANCH, a branch of Deutsche Bank AG, a German Bank authorized by the New York Department of Financial Services, having an address at 60 Wall Street, 10th Floor, New York, New York 10005 ("DBNY"), CITIGROUP GLOBAL MARKETS REALTY CORP., a New York corporation, having an address at 390 Greenwich Street, New York, New York 10013 ("Citi") and JPMORGAN CHASE BANK,

Affimed Therapeutics B.V. – Loan Modification Agreement (August 1st, 2017)

1. Interpretation 1 2. Conditions precedent 1 3. Description of change in terms 2 4. Condition subsequent 6 5. Ratification of Loan Documents 6 6. Continuing validity 6 7. Choice of law 7 8. Countersignature 7 9. Counterparts 7 10. Third party rights 7 11. Loan Document 7 12. General Provisions 7 The Schedule 10 Conditions Precedent 10

Merchants Bancorp – Sixth Loan Modification Agreement (July 27th, 2017)

This Sixth Loan Modification Agreement (Agreement) is made this 23 day of June, 2017 to be effective as of June 2, 2017 and is entered into at Indianapolis, Indiana, by and among The Huntington National Bank, a national banking association (Lender), with a principal mailing address of 45 North Pennsylvania Street, Suite 200, Indianapolis, Indiana 46204; Merchants Bancorp, an Indiana corporation (Borrower), with a principal mailing address of 11711 North Meridian Street, Suite 528, Carmel, Indiana 46032; and Providence Bank, a Missouri state banking corporation (Participating Lender), with a principal mailing address of 815 West Stadium Boulevard, Jefferson City, Missouri 65109.

LOAN MODIFICATION AGREEMENT Dated as of May 30, 2017, Among CHS/COMMUNITY HEALTH SYSTEMS, INC., COMMUNITY HEALTH SYSTEMS, INC., THE LENDERS PARTY HERETO and CREDIT SUISSE AG, as Administrative Agent CREDIT SUISSE SECURITIES (USA) LLC, CITIGROUP GLOBAL MARKETS, INC., CREDIT AGRICOLE CORPORATE AND INVESTMENT BANK, DEUTSCHE BANK SECURITIES INC., GOLDMAN SACHS BANK, USA, MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED, RBC CAPITAL MARKETS, LLC, SUNTRUST ROBINSON HUMPHREY, INC., and WELLS FARGO SECURITIES, LLC as Joint Bookrunners and Joint Lead Arrangers COMPASS BANK, FIFTH THIRD BANK, MORGAN S (May 31st, 2017)

LOAN MODIFICATION AGREEMENT dated as of May 30, 2017 (this Agreement), among CHS/COMMUNITY HEALTH SYSTEMS, INC., a Delaware corporation (the Borrower), COMMUNITY HEALTH SYSTEMS, INC., a Delaware corporation (Parent), the Subsidiary Guarantors listed on the signature pages hereto, the Accepting Lenders (as defined below) and CREDIT SUISSE AG (CS), as administrative agent (in such capacity, the Administrative Agent).

Loan Modification Agreement (May 5th, 2017)

THIS LOAN MODIFICATION AGREEMENT ("Agreement") is entered into as of April 4, 2017, by and between Silvergate Bank, a California corporation ("Lender"), and Reven Housing Texas, LLC, a Delaware limited liability company ("Borrower").

Loan Modification Agreement (May 5th, 2017)

THIS LOAN MODIFICATION AGREEMENT ("Agreement") is entered into as of March 21, 2017, by and between Silvergate Bank, a California corporation ("Lender"), and Reven Housing Florida 2, LLC, a Delaware limited liability company ("Borrower").

Loan Modification Agreement (May 5th, 2017)

THIS LOAN MODIFICATION AGREEMENT ("Agreement") is entered into as of March 21, 2017, by and between Silvergate Bank, a California corporation ("Lender"), and Reven Housing Tennessee, LLC, a Delaware limited liability company ("Borrower").

Loan Modification Agreement (May 5th, 2017)

THIS LOAN MODIFICATION AGREEMENT ("Agreement") is entered into as of March 21, 2017, by and between Silvergate Bank, a California corporation ("Lender"), and Reven Housing Florida, LLC, a Delaware limited liability company ("Borrower").

Loan Modification Agreement and Waiver (April 7th, 2017)

This LOAN MODIFICATION AGREEMENT AND WAIVER (as it may be amended, supplemented, extended or renewed from time to time, this "Agreement") is entered into as of January 31, 2017 by and among RUBY TUESDAY, INC., a Georgia corporation ("Guarantor"), whose address is 150 West Church Avenue, Maryville, Tennessee 37801, the borrowers listed on the signature page hereto (each, a "Borrower" and, collectively, "Borrowers"), each of whose address is 150 West Church Avenue, Maryville, Tennessee 37801, and FIRST TENNESSEE BANK, N.A. ("Lender"), whose address is 17851 N. 85th Street, Suite 155, Scottsdale, Arizona 85255.

Eighth Loan Modification Agreement (March 20th, 2017)

This Eighth Loan Modification Agreement (this "Loan Modification Agreement") is entered into as of December 15, 2016, by and between (i) SILICON VALLEY BANK, a California corporation with a loan production office located at 8020 Towers Crescent Drive, Suite 475, Vienna, Virginia 22182 ("Bank"), (ii) LUNA INNOVATIONS INCORPORATED, a Delaware corporation ("Innovations"), LUNA TECHNOLOGIES, INC., a Delaware corporation ("Technologies"), ADVANCED PHOTONIX, INC., a Delaware corporation ("API"), and PICOMETRIX, LLC, a Delaware limited liability company ("Picometrix"; Innovations, Technologies, API and Picometrix are referred to herein, individually and collectively, jointly and severally, as "Borrower"), each with offices located at 301 1st Street SW, Suite 200, Roanoke, Virginia 24011.

Americann, Inc. – Americann, Inc. Loan Modification Agreement (March 2nd, 2017)
Seventh Loan Modification Agreement (January 3rd, 2017)

This Seventh Loan Modification Agreement (this Loan Modification Agreement) is entered into as of December 28, 2016, and is effective as of December 30, 2016, by and between SILICON VALLEY BANK, a California corporation, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at 505 Fifth Avenue, 11th Floor, New York, New York 10017 (Bank) and TREMOR VIDEO, INC. (f.k.a. Tremor Media, Inc.), a Delaware corporation with its chief executive office located at 53 West 23rd Street, 12th Floor, New York, New York 10010 (Borrower).

Loan Modification Agreement (December 21st, 2016)

THIS LOAN MODIFICATION AGREEMENT, is made as of the 21st day of December, 2016, by and between OPTICAL CABLE CORPORATION, a Virginia corporation (the "Borrower"), and BANK OF NORTH CAROLINA, a North Carolina banking corporation (the "Lender").

Clean Energy Fuels – Loan Modification Agreement (November 3rd, 2016)

THIS LOAN MODIFICATION AGREEMENT (this "Modification Agreement") dated effective as of OCTOBER 31, 2016 (the "Effective Date"), is by and between PLAINSCAPITAL BANK, a Texas state bank (together with its successors and assigns, "Lender"), and CLEAN ENERGY FUELS CORP., a Delaware corporation ("CEFC"), and CLEAN ENERGY, a California corporation ("CE," and together with CEFC, individually and collectively, "Debtor").

Graymark Productions – Loan Modification Agreement and Waiver (August 25th, 2016)

THIS LOAN MODIFICATION AGREEMENT AND WAIVER (Amendment) is dated effective as of August 19, 2016 by and among FOUNDATION HEALTHCARE, INC., an Oklahoma corporation (Borrower), the lenders from time to time party to the Credit Agreement (collectively, Lenders and individually, a Lender), and TEXAS CAPITAL BANK, NATIONAL ASSOCIATION, a national banking association, as Administrative Agent and L/C Issuer (the Administrative Agent).

Seventh Loan Modification Agreement (June 15th, 2016)

This Seventh Loan Modification Agreement (this Loan Modification Agreement) is entered into as of June 14, 2016, by and between SILICON VALLEY BANK, a California corporation, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at 275 Grove Street, Suite 2-200, Newton, Massachusetts 02466 (Bank) and AEGERION PHARMACEUTICALS, INC., a Delaware corporation with its chief executive office located at One Main Street, 8th Floor, Cambridge, Massachusetts 02142 (Borrower).

Seventh Loan Modification Agreement (June 15th, 2016)

This Seventh Loan Modification Agreement (this Loan Modification Agreement) is entered into as of June 14, 2016, by and between SILICON VALLEY BANK, a California corporation, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at 275 Grove Street, Suite 2-200, Newton, Massachusetts 02466 (Bank) and AEGERION PHARMACEUTICALS, INC., a Delaware corporation with its chief executive office located at One Main Street, 8th Floor, Cambridge, Massachusetts 02142 (Borrower).

Graymark Productions – Loan Modification Agreement and Waiver (May 16th, 2016)

THIS LOAN MODIFICATION AGREEMENT AND WAIVER ("Amendment") is dated effective as of May 11, 2016 by and among FOUNDATION HEALTHCARE, INC., an Oklahoma corporation ("Borrower"), the lenders from time to time party to the Credit Agreement (collectively, "Lenders" and individually, a "Lender"), and TEXAS CAPITAL BANK, NATIONAL ASSOCIATION, a national banking association, as Administrative Agent and L/C Issuer (the "Administrative Agent").

Eleventh Loan Modification Agreement (Domestic) (May 11th, 2016)

This Eleventh Loan Modification Agreement (Domestic) (this Loan Modification Agreement) is entered into as of May 10, 2016 (the Eleventh Loan Modification (Domestic) Effective Date), by and between SILICON VALLEY BANK, a California corporation, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at 380 Interlocken Crescent, Suite 600, Broomfield, Colorado 80021 (Bank), STEREOTAXIS, INC., a Delaware corporation (Stereotaxis), and STEREOTAXIS INTERNATIONAL, INC., a Delaware corporation, each with offices located at 4320 Forest Park Avenue, Suite 100, St. Louis, Missouri 63108 (International, and together with Stereotaxis, individually and collectively, jointly and severally, Borrower).

Seventh Loan Modification Agreement (May 6th, 2016)

This Seventh Loan Modification Agreement (this "Loan Modification Agreement") is entered into as of 4/20 , 2016, by and between SILICON VALLEY BANK, a California corporation, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at 275 Grove Street, Suite 2-200, Newton, Massachusetts 02466 ("Bank") and IMPRIVATA, INC., a Delaware corporation, with its chief executive office located at 10 Maguire Road, Lexington, Massachusetts 02421 ("Borrower").

Art's-Way Manufacturing Co., Inc. – Loan Modification Agreement (May 2nd, 2016)

THIS LOAN MODIFICATION AGREEMENT (this "Agreement") is by and among ART'S WAY MANUFACTURING CO., INC., a Delaware corporation (the "Borrower"), Art's-Way Scientific, Inc., an Iowa corporation ("Scientific"), Art's-Way Vessels, Inc., an Iowa corporation ("Vessels"), Ohio Metal Working Products/Art's-Way, Inc., an Ohio corporation ("Ohio Metal"; together, with Scientific and Vessels, collectively, the "Guarantors"), and U.S. BANK NATIONAL ASSOCIATION, a national banking association (the "Bank"), and is made as of the date shown opposite the Bank's signature on the signature page (the "Agreement Date"), but shall be deemed effective with respect to the modifications set forth in Section 3 as of April 27, 2016 (the "Effective Date"), subject to the terms and conditions below.

Loan Modification Agreement (February 11th, 2016)

THIS LOAN MODIFICATION AGREEMENT (this "Modification") dated as of FEBRUARY 10, 2016 (the "Effective Date"), is among THERMO CREDIT, LLC, a Colorado limited liability company (together with its successors and assigns, "Lender"), ONSTREAM MEDIA CORPORATION, a Florida corporation ("OMC"), INFINITE CONFERENCING, INC., a Florida corporation ("ICI"), ENTERTAINMENT DIGITAL NETWORK, INC., a Florida corporation ("EDN"), OSM ACQUISITION, INC., a Delaware corporation ("OSM"), ONSTREAM CONFERENCING CORPORATION, a Florida corporation ("OCC"), AV ACQUISITION, INC., a Florida corporation ("AVA"), AUCTION VIDEO JAPAN, INC., a Japanese corporation ("AVJ"), HOTELVIEW CORPORATION, a Florida corporation ("HC"), and MEDIA ON DEMAND, INC., a Florida corporation ("MDI") (each of OMC, ICI, EDN, OSM, OCC, AVA, AVJ, HC and MDI may hereinafter be referred to individually as a "Debtor" and all of OMC, ICI, EDN, OSM, OCC, AVA, AVJ, HC and MDI may hereinafter be referred to collectively as the "Debtors").

Roberts Realty Investors, Inc. – SIXTH LOAN MODIFICATION AGREEMENT (Loan #28603120-14) (December 3rd, 2015)

THIS SIXTH LOAN MODIFICATION AGREEMENT (this "Agreement") made effective as of December 1, 2015 (the "Effective Date"), by and among SYNOVUS BANK, formerly known as Columbus Bank & Trust Company, successor-in-interest through name change and by merger with Bank of North Georgia ("Lender"), ACRE REALTY LP, successor by name change to ROBERTS PROPERTIES RESIDENTIAL, L.P., a Georgia limited partnership ("Borrower"), and ACRE REALTY INVESTORS INC., successor by name change to ROBERTS REALTY INVESTORS, INC., a Georgia corporation ("Guarantor").

Waiver and Seventh Loan Modification Agreement (October 5th, 2015)

This Waiver and Seventh Loan Modification Agreement (this "Loan Modification Agreement") is entered into as of September 29, 2015, by and between (i) SILICON VALLEY BANK, a California corporation with a loan production office located at 8020 Towers Crescent Drive, Suite 475, Vienna, Virginia 22182 ("Bank"), (ii) LUNA INNOVATIONS INCORPORATED, a Delaware corporation ("Innovations"), LUNA TECHNOLOGIES, INC., a Delaware corporation ("Technologies"), ADVANCED PHOTONIX, INC., a Delaware corporation ("API"), and PICOMETRIX, LLC, a Delaware limited liability company ("Picometrix"; Innovations, Technologies, API and Picometrix are referred to herein, individually and collectively, jointly and severally, as "Borrower"), each with offices located at 301 1st Street SW, Suite 200, Roanoke, Virginia 24011.

Revolving Loan Modification Agreement (September 17th, 2015)

THIS REVOLVING LOAN MODIFICATION AGREEMENT ("Agreement") is made effective as of June 11, 2015, by and among PRO-DEX SUNFISH LAKE, LLC, a Delaware limited liability company, ("Lender"), and RIVERSIDE MANUFACTURING, INC., a Minnesota corporation ("Borrower").

Loan Modification Agreement (August 17th, 2015)

This LOAN MODIFICATION AGREEMENT (as it may be amended, supplemented, extended or renewed from time to time, this "Agreement") is entered into as of August 3, 2015 by and among RUBY TUESDAY, INC., a Georgia corporation ("Guarantor"), whose address is 150 West Church Avenue, Maryville, Tennessee 37801, the borrowers listed on the signature page hereto (each, a "Borrower" and, collectively, "Borrowers"), each of whose address is 150 West Church Avenue, Maryville, Tennessee 37801, and the lenders listed on the signature page hereto (each, a "Lender" and, collectively, "Lenders"), each of whose address is 8377 East Hartford Drive, Suite 200, Scottsdale, Arizona 85255-5401.