Modification Agreement Sample Contracts

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Dynatronics Corporation – Modification Agreement (October 6th, 2017)

This MODIFICATION AGREEMENT (this "Agreement") is entered into as of September 28, 2017, among DYNATRONICS CORPORATION, a Utah corporation ("Dynatronics"), HAUSMANN ENTERPRISES, LLC, a Utah limited liability company ("Enterprises," and collectively with Dynatronics, "Original Borrowers"), and BIRD & CRONIN, LLC, a Utah limited liability company ("Joining Borrower," and together with Dynatronics and Enterprises, individually and collectively, jointly and severally, "Borrower"), and BANK OF THE WEST, a California banking corporation ("Lender").

New Home Co Inc. – Modification Agreement (October 2nd, 2017)

This Modification Agreement ("Agreement") is made as of September 27, 2017, by and among THE NEW HOME COMPANY INC., a Delaware corporation ("Borrower"), each lender from time to time party to the Credit Agreement described below (individually, a "Lender" and collectively, the "Lenders"), and U.S. BANK NATIONAL ASSOCIATION, a national banking association, d/b/a HOUSING CAPITAL COMPANY, as Administrative Agent for the Lenders (in such capacity, "Administrative Agent").

Eighth Modification Agreement (August 29th, 2017)

This EIGHTH MODIFICATION AGREEMENT (the "Agreement") is made effective as of August 29, 2017, by and among FRANKLIN COVEY CO., a Utah corporation ("Borrower"), each undersigned Guarantor (together with Borrower, each a "Loan Party" and collectively, the "Loan Parties"), and JPMORGAN CHASE BANK, N.A., a national banking association ("Lender").

Protalex – Second Consolidated and Secured Notes Modification Agreement (August 23rd, 2017)

AGREEMENT by and between Protalex, Inc., a Delaware corporation (the "Company") and Niobe Ventures, LLC, a Delaware limited liability company ("Niobe").

Cyclone Power Technologies Inc – License Modification Agreement and Transfer Consent (August 21st, 2017)

Cyclone Power Technologies, Inc. ("Licensor") and Q2Power Corp., f/k/a WHE Generation Corp. ("Q2") signed on July 15, 2014 -an Amended and Restated License Agreement (the "License"), which is attached as an exhibit hereto, which Q2 now wishes to assign and transfer to Phoenix Power Group LLC ("Phoenix" or "Licensee"), subject to the following conditions, additional terms and changes to the License which are hereby incorporated into and made a part of the License:

Loan Execution Copy Modification Agreement (August 21st, 2017)

This LOAN MODIFICATION AGREEMENT (as it may be amended, supplemented, extended or renewed from time to time, this "Agreement") is entered into as of May 25, 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.

Dynasil Corporation Of America – Loan Document Modification Agreement (August 14th, 2017)

This Loan Document Modification Agreement (this "Agreement") is made as of this 16 day of May, 2017, by and between Middlesex Savings Bank, a banking corporation organized and existing under the laws of Massachusetts, of 6 Main Street, Natick, Massachusetts 01760 "Lender"), and Dynasil Corporation of America of 313 Washington Street, Suite 403, Newton, Massachusetts 02458 (the "Borrower"); and Optometrics Corporation of 8 Nemco Way, Ayer, Massachusetts 01432, Radiation Monitoring Devices, Inc. of 44 Hunt Street, Watertown, Massachusetts 02472, RMD Instruments Corp. of 44 Hunt Street, Watertown, Massachusetts 02472, Evaporated Metal Films Corp. of 239 Cherry Street, Ithaca, New York 14850, and Dynasil Biomedical Corp. of 44 Hunt Street, Watertown, Massachusetts 02472 (the "Guarantors").

Modification Agreement (August 9th, 2017)

This Modification Agreement (the "Agreement") dated as of August 8, 2017, for reference purposes only, is made by and between Greenhill & Co., Inc. (the "Borrower"), and First Republic Bank (the "Lender"), with reference to the following facts:

Stratus Properties, Inc. – Seventh Modification Agreement (August 9th, 2017)

This SEVENTH MODIFICATION AGREEMENT (this "Agreement") dated effective as of August 3, 2017 (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 THE VILLAS AT AMARRA DRIVE, 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");

Tri Pointe Homes Inc. Common S – Modification Agreement (June 20th, 2017)

This Modification Agreement ("Agreement") is made as of June 20, 2017, by and among TRI POINTE GROUP, INC., a Delaware corporation ("Borrower"), each lender from time to time party to the Credit Agreement described below (individually, a "Lender" and collectively, the "Lenders"), and U.S. BANK NATIONAL ASSOCIATION, a national banking association, d/b/a HOUSING CAPITAL COMPANY, as Administrative Agent for the Lenders (in such capacity, "Administrative Agent").

Seventh Modification Agreement (June 1st, 2017)

This SEVENTH MODIFICATION AGREEMENT (the "Agreement") is made effective as of May 31, 2017, by and among FRANKLIN COVEY CO., a Utah corporation ("Borrower"), each undersigned Guarantor (together with Borrower, each a "Loan Party" and collectively, the "Loan Parties"), and JPMORGAN CHASE BANK, N.A., a national banking association ("Lender").

Reign Sapphire Corp – Second Consent, Waiver and Modification Agreement (May 31st, 2017)

This Second Consent, Waiver and Modification Agreement ("Agreement") is made and entered into as of May 30, 2017, by and among Reign Sapphire Corporation, a Delaware corporation (the "Company"), and the parties identified on the signature page hereto (each a "Purchaser" and collectively, "Purchasers"). Capitalized terms used but not defined herein will have the meanings assigned to them in the Securities Purchase Agreements and Transaction Documents (all as defined below).

PRG-Schultz International Inc. – Tenth Loan Documents Modification Agreement (May 9th, 2017)

THIS TENTH LOAN DOCUMENTS MODIFICATION AGREEMENT (this "Amendment") is made and entered into as of the 4th day of May, 2017, by and among PRGX GLOBAL, INC., a Georgia corporation ("PRGX"), PRGX USA, INC., a Georgia corporation ("PRG-USA") (PRGX and PRG-USA are each individually, a "Borrower", and collectively, the "Borrowers"), each of the Subsidiaries of PRGX listed as a "Guarantor" on the signature pages hereto (each such Subsidiary individually, a "Guarantor", and collectively, the "Guarantors"), and SUNTRUST BANK, as Administrative Agent, the sole Lender and Issuing Bank.

Strategic Gaming Investments – Modification Agreement (April 6th, 2017)

This Modification Agreement shall modify certain terms of the Engagement Agreement (the "Employment Agreement") dated February 17, 2017 by and between Quest Solution, Inc., a Delaware Corporation (the "Company") and Shai Lustgarten (the "Executive"). Unless otherwise modified herein all terms of the Employment Agreement shall remain in full force and effect.

PRG-Schultz International Inc. – Ninth Loan Documents Modification Agreement (March 16th, 2017)

THIS NINTH LOAN DOCUMENTS MODIFICATION AGREEMENT (this "Amendment") is made and entered into as of the 21st day of December, 2016, by and among PRGX GLOBAL, INC., a Georgia corporation ("PRGX"), and PRGX USA, INC., a Georgia corporation ("PRG-USA") (PRGX and PRG-USA are each individually, a "Borrower", and collectively, the "Borrowers"), each of the Subsidiaries of PRGX listed as a "Guarantor" on the signature pages hereto (each such Subsidiary individually, a "Guarantor", and collectively, the "Guarantors"), and SUNTRUST BANK, as Administrative Agent, the sole Lender and Issuing Bank.

Sixth Modification Agreement (March 3rd, 2017)

This SIXTH MODIFICATION AGREEMENT (the "Agreement") is made effective as of February 28, 2017, by and among FRANKLIN COVEY CO., a Utah corporation ("Borrower"), each undersigned Guarantor (together with Borrower, each a "Loan Party" and collectively, the "Loan Parties"), and JPMORGAN CHASE BANK, N.A., a national banking association ("Lender").

Turnpoint Medical Devices, Inc. – Assignment and Assumption, Consent and Modification Agreement (February 10th, 2017)

This Assignment and Assumption, Consent and Modification Agreement (this "Agreement") dated as of February 24, 2015 (the "Effective .Date"), is made by and among Leveraged Developments LLC, a New Hampshire limited liability company ("LD"), TurnPoint Medical Devices, Inc., a Delaware corporation formerly known as Point Medical, Inc. ("TPMD") and Mack Molding Company, a Vermont corporation ("Mack").

Protalex – Consolidated and Secured Notes Modification Agreement (January 12th, 2017)

AGREEMENT by and between Protalex, Inc., a Delaware corporation (the "Company") and Niobe Ventures, LLC, a Delaware limited liability company ("Niobe").

Medovex – Fourth Amendment to Modification Agreement (December 6th, 2016)

This Fourth Amendment to Modification Agreement (this "Amendment") is made and entered into as of this 30th day of November, 2016 by and among Medovex Corporation, a Nevada corporation with its principal offices at 3729 Hardee Avenue, Atlanta, Georgia 30341 ("MDVX" or the "Company"), Steve Gorlin, an individual with an address of 1234 Airport Rd, #105, Destin, FL 32541 ("Gorlin"), NADG Investment LLLP, a limited liability limited partnership with offices at 2851 John St. Ste One, Markham Ontario L3R5R7 Canada ("NADG"), and Jesse Crowne, an individual with an address at 2159 S. 1899 E., Salt Lake City, UT 84106 ("Crowne") . Gorlin, NADG, Crowne and the Company are referred to individually as a "Party" and collectively referred to as the "Parties".

Stratus Properties, Inc. – Sixth Modification Agreement (November 9th, 2016)

This SIXTH MODIFICATION AGREEMENT (this "Agreement") dated effective as of August 12, 2016 (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 THE VILLAS AT AMARRA DRIVE, 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");

J. Alexander's Holdings, Inc. – Modification Agreement (November 7th, 2016)

THIS MODIFICATION AGREEMENT (this "Agreement") is made and entered into effective as of the 3rd day of September, 2016 (the "Effective Date"), by and between J. ALEXANDER'S, LLC, a Tennessee limited liability company ("Borrower") and PINNACLE BANK ("Lender").

Reign Sapphire Corp – Consent, Waiver and Modification Agreement (November 4th, 2016)

This Consent, Waiver and Modification Agreement ("Agreement") is made and entered into as of October 13, 2016, by and among Reign Sapphire Corporation, a Delaware corporation (the "Company"), and the parties identified on the signature page hereto (each a "Purchaser" and collectively, "Purchasers"). Capitalized terms used but not defined herein will have the meanings assigned to them in the Securities Purchase Agreements and Transaction Documents (all as defined below).

Modification Agreement (November 3rd, 2016)

This Modification Agreement (this "Modification Agreement") is made as of August 4, 2016 by and between Scientific Games Corporation, a Delaware corporation (the "Company"), and Michael Gavin Isaacs ("Executive").

Acelrx Pharmaceuticals – Warrant Modification Agreement (November 2nd, 2016)

This Warrant Modification Agreement is entered into as of September 30, 2016, between Hercules Technology II, L.P. (the "Warrantholder") and AcelRx Pharmaceuticals, Inc. (the "Company").

Acelrx Pharmaceuticals – Warrant Modification Agreement (November 2nd, 2016)

This Warrant Modification Agreement is entered into as of September 30, 2016, between Hercules Capital, Inc., formerly known as Hercules Technology Growth Capital, Inc. (the "Warrantholder") and AcelRx Pharmaceuticals, Inc. (the "Company").

Protalex – Secured Notes Modification Agreement (October 17th, 2016)

AGREEMENT by and between Protalex, Inc., a Delaware corporation (the "Company") and Niobe Ventures, LLC, a Delaware limited liability company ("Niobe").

Tapioca Corp – Modification Agreement (September 30th, 2016)

Party C and Party A has signed the "Lease Contract of Shanghai Mart (No.:0022346)" and "Lease Contract of Shanghai Mart (No.:0022342)", now the lease contract is changed as follows:

Cole Credit Property Trust V, Inc. – Sixth Modification Agreement (August 15th, 2016)

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

Information Analysis – Modification Agreement (August 11th, 2016)

This MODIFICATION AGREEMENT entered into as of May 25, 2016, between Information Analysis Incorporated, a Virginia corporation, with an address of 11240 Waples Mill Road, Fairfax, Virginia 22030 (the "Borrower") and TD Bank, NA, a National Association with an address of 1919 Gallows Road, 2nd floor, Vienna, Virginia 22182 (the "Bank").

Bluerock Residential Growth REIT, Inc. – Modification Agreement (June 10th, 2016)

This MODIFICATION AGREEMENT (this "Agreement") dated effective as of June 7, 2016, by and among (i) BR T&C BLVD., LLC, a Delaware limited liability company ("Borrower"), (ii) CFP RESIDENTIAL, L.P., a Texas limited partnership, MAPLE RESIDENTIAL, L.P., a Delaware limited partnership, CFH MAPLE RESIDENTIAL INVESTOR, L.P., a Texas limited partnership, VF RESIDENTIAL, LTD., a Texas limited partnership, and VF MULTIFAMILY HOLDINGS, LTD., a Texas limited partnership (each individually "Guarantor" and collectively, "Guarantors") (Borrower and Guarantors herein sometimes called "Borrower Parties" or "Borrower Party", as the context may require), (iii) COMPASS BANK, an Alabama banking corporation ("Compass"), as agent for the Lenders (as such term is defined in the hereinafter described Loan Agreement) under the Loan Agreement (in such capacity, "Administrative Agent"), and as a Lender and (iv) GREEN BANK, N.A., a national banking association ("Green"), as a Lender;

Kadmon Holdings, LLC – Amendment and Modification Agreement to Transaction Documents (June 10th, 2016)

This AMENDMENT AND MODIFCATION AGREEMENT dated as of October 2, 2014 (this Amendment) to: (i) that certain Asset Purchase Agreement by and between Kadmon Pharmaceuticals, LLC (Kadmon) and AbbVie Bahamas, Ltd. (the APA); (ii) that certain License Agreement by and between Kadmon and AbbVie Inc. (as amended by that certain Amendment No.1 to the License Agreement dated May 22, 2014, the License Agreement); and (iii) that certain Supply Agreement by and between Kadmon and AbbVie Bahamas, Ltd. (the Supply Agreement), each dated June 17, 2013, is made by and between Kadmon, on the one hand, and AbbVie Bahamas, Ltd. and AbbVie Inc., (together, AbbVie), on the other hand. Capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Transaction Documents (as defined below).

Newlead Holdings Ltd – Asssignment and Modification Agreement (May 26th, 2016)

This assignment and modification agreement (the "Agreement") is made by and among NewLead Holdings Ltd. (the "Issuer"), F&S Capital Partners Ltd. (the "Non Affiliate Debtholder") and Atlas Long-Term Growth Fund, LLC (the "Investor"), on May 15, 2015. (The Issuer, the Non Affiliate Debtholder and the Investor are sometimes referred to in this Agreement singly as a "Party" or collectively as the "Parties").

Techprecision Corp – Loan Documents Modification Agreement No. 3 (May 2nd, 2016)

THIS LOAN DOCUMENTS MODIFICATION AGREEMENT No. 3 (this "Agreement") made effective as of the 31st day of March, 2016 (the "Modification No. 3 Effective Date"), among REVERE HIGH YIELD FUND, LP, a Delaware limited partnership having an address of 2000 McKinney Avenue, Suite 2125, Dallas, Texas 75201 (the "Lender"), RANOR, INC., a Delaware corporation having an address of 1 Bella Drive, Westminster, Massachusetts 01473 (the "Borrower") and TECHPRECISION CORPORATION, a Delaware corporation having an address of 992 Old Eagle School Road, Suite 909, Wayne, PA 19087 (the "Guarantor").

Xg Technology Inc – Asset Purchase Modification Agreement (April 18th, 2016)
Neothetics, Inc. – Warrant Modification Agreement (April 1st, 2016)

This Warrant Modification Agreement is entered into as of March 30, 2016, between Hercules Technology III, L.P. (the "Warrantholder") and Neothetics, Inc. (formerly known as Lithera, Inc., the "Company").