Modification Agreement Sample Contracts

Third Amendment to Modification Agreement (July 5th, 2018)

This THIRD AMENDMENT TO MODIFICATION AGREEMENT (this "Amendment") is made and entered into as of June 28, 2018 (the "Amendment Effective Date"), by and among CAREVIEW COMMUNICATIONS, INC., a Nevada corporation ("Holdings"), CAREVIEW COMMUNICATIONS, INC., a Texas corporation and a wholly owned subsidiary of Holdings (the "Borrower"), CAREVIEW OPERATIONS, L.L.C., a Texas limited liability company (the "Subsidiary Guarantor"), and PDL INVESTMENT HOLDINGS, LLC (as assignee of PDL BioPharma, Inc.), a Delaware limited liability company (both in its capacity as the lender ("Lender") and in its capacity as Agent (solely in such capacity as Agent, the "Agent")) under the Credit Agreement (as defined below).

Second Amendment to Modification Agreement (June 15th, 2018)

This SECOND AMENDMENT TO MODIFICATION AGREEMENT (this "Amendment") is made and entered into as of June 14, 2018 (the "Amendment Effective Date"), by and among CAREVIEW COMMUNICATIONS, INC., a Nevada corporation ("Holdings"), CAREVIEW COMMUNICATIONS, INC., a Texas corporation and a wholly owned subsidiary of Holdings (the "Borrower"), CAREVIEW OPERATIONS, L.L.C., a Texas limited liability company (the "Subsidiary Guarantor"), and PDL INVESTMENT HOLDINGS, LLC (as assignee of PDL BioPharma, Inc.), a Delaware limited liability company (both in its capacity as the lender ("Lender") and in its capacity as Agent (solely in such capacity as Agent, the "Agent")) under the Credit Agreement (as defined below).

Amendment to Modification Agreement (June 4th, 2018)

This AMENDMENT TO MODIFICATION AGREEMENT (this "Amendment") is made and entered into as of May 31, 2018 (the "Amendment Effective Date"), by and among CAREVIEW COMMUNICATIONS, INC., a Nevada corporation ("Holdings"), CAREVIEW COMMUNICATIONS, INC., a Texas corporation and a wholly owned subsidiary of Holdings (the "Borrower"), CAREVIEW OPERATIONS, L.L.C., a Texas limited liability company (the "Subsidiary Guarantor"), and PDL INVESTMENT HOLDINGS, LLC (as assignee of PDL BioPharma, Inc.), a Delaware limited liability company (both in its capacity as the lender ("Lender") and in its capacity as Agent (solely in such capacity as Agent, the "Agent")) under the Credit Agreement (as defined below).

PRG-Schultz International Inc. – Eleventh Loan Documents Modification Agreement (May 9th, 2018)

THIS ELEVENTH LOAN DOCUMENTS MODIFICATION AGREEMENT (this "Amendment") is made and entered into as of the 21st day of March, 2018, 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.

Applied Optoelectronics, Inc. – Note Modification Agreement (April 5th, 2018)

This Note Modification Agreement (hereinafter referred to as "Agreement") is made and entered into as of this 30th day of March, 2018 by APPLIED OPTOELECTRONICS, INC., as maker(s) and co-maker(s), if any, of the Promissory Note as defined below (whether one or more, hereinafter referred to jointly and severally as "Borrower"), in favor of BRANCH BANKING AND TRUST COMPANY, a North Carolina banking corporation (including its successors and assigns, hereinafter referred to as "Bank").

Order Approving Modification Agreement (April 2nd, 2018)

This matter having come before the Court on the motion (the "Motion") of Quadrant 4 System Corporation, debtor and debtor in possession herein (the "Debtor"), for the entry of an order granting the Debtor the authority to enter into that certain Modification Agreement (as defined in the Motion) with TriZetto Corporation n/k/a Cognizant TriZetto Software Group, Inc. (with its predecessors, successors and assigns, "TriZetto"); capitalized terms not otherwise defined herein having the meaning ascribed thereto in the Motion; the Debtor, BIP Lender LLC ("BIP"), BMO and the Committee having entered into that certain Stipulation and Order Resolving Motion for Authority to Enter into Modification Agreement, entered or to be entered by the Court contemporaneously herewith, resolving the objection to the Motion filed by BIP; the Committee having previously withdrawn its objection to the Motion; the Court having heard the statements in support of the relief requested at the hearing, and having de

Modification Agreement (February 5th, 2018)

THIS MODIFICATION AGREEMENT (this " Agreement") is made and entered into as of February 2, 2018, to effectuate the modification pursuant to the Binding Forbearance Term Sheet (the "Binding Term Sheet ") entered into as of December 28, 2017 (the "Effective Date "), by and among CAREVIEW COMMUNICATIONS, INC., a Nevada corporation ("Holdings "), CAREVIEW COMMUNICATIONS, INC., a Texas corporation and a wholly-owned subsidiary of Holdings (the "Borrower "), CAREVIEW OPERATIONS, L.L.C., a Texas limited liability company (the "Subsidiary Guarantor "), and PDL INVESTMENT HOLDINGS, LLC (as assignee of PDL BioPharma, Inc.), a Delaware limited liability company (both in its capacity as the lender ("Lender ") and in its capacity as Agent (solely in such capacity as Agent, the "Agent ")) under the Credit Agreement (as defined below).

Nomis Bay Ltd. – Forbearance and Loan Modification Agreement (February 1st, 2018)

THIS FORBEARANCE AND LOAN MODIFICATION AGREEMENT (this "Agreement") is made and entered into as of December 21, 2017 (the "Effective Date"), by and among the following parties (each a "Party" and collectively the "Parties"):

American Access Technologies – Transaction Modification Agreement (November 14th, 2017)

This Transaction Modification Agreement (the "Agreement") is made and entered into on November 13, 2017, by and among American Electric Technologies, Inc., a Florida corporation ("AETI"), M&I Electric Industries, Inc., a Texas corporation ("M&I"), South Coast Electric Systems, LLC, a Delaware limited liability company ("SCES"), and HD Special-Situations III, LP, a Delaware limited partnership (the "Lender").

Stratus Properties, Inc. – Eighth Modification Agreement (November 9th, 2017)

This EIGHTH MODIFICATION AGREEMENT (this "Agreement") dated effective as of November 7, 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");

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").