Omnibus Amendment Agreement Sample Contracts

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OMNIBUS AMENDMENT AGREEMENT
Omnibus Amendment Agreement • June 5th, 2023 • Amyris, Inc. • Industrial organic chemicals • California

This OMNIBUS AMENDMENT AGREEMENT (this “Amendment”) is made as of June 5, 2023 by and among AMYRIS, INC., a Delaware corporation (the “Parent or the “Borrower”), Amyris Clean Beauty, Inc., a Delaware corporation (“Amyris Clean Beauty”) , Amyris Fuels, LLC, a Delaware limited liability company (“Amyris Fuels”), AB Technologies LLC, a Delaware limited liability company (“AB Technologies”, together with Parent, Amyris Clean Beauty and Amyris Fuels, collectively, the “Obligors” and each an “Obligor”), and Foris Ventures, LLC, in its capacity as lender (the “Lender”).

EX-10.1 2 d526928dex101.htm EX-10.1 Exhibit No. 10.1 Execution Version THIRD OMNIBUS AMENDMENT AGREEMENT
Omnibus Amendment Agreement • May 5th, 2020 • New York

THIS THIRD OMNIBUS AMENDMENT AGREEMENT (this “Amendment”), dated as of March 28, 2013, is entered into by and among ARMSTRONG RECEIVABLES COMPANY, LLC, a Delaware limited liability company, as Seller (the “Seller”), ARMSTRONG WORLD INDUSTRIES, INC., a Pennsylvania corporation (the “Company”), individually and as Servicer (“Armstrong”), ARMSTRONG HARDWOOD FLOORING COMPANY, a Tennessee corporation ((“AHFC”), and, together with Armstrong, the “Originators”, and each an “Originator”), THE BANK OF NOVA SCOTIA, as Administrative Agent, Related Committed Purchaser and LC Bank (“Scotiabank”, or, as applicable, the “Administrative Agent”, the “Related Committed Purchaser” or the “LC Bank”) and LIBERTY STREET FUNDING LLC, a Delaware limited liability company, as Conduit Purchaser (the “Conduit Purchaser”).

THIRD AMENDMENT TO DELAYED DRAW TERM LOAN CREDIT AGREEMENT, JOINDER, WAIVER, CONSENT AND OMNIBUS AMENDMENT AGREEMENT
Omnibus Amendment Agreement • February 15th, 2013 • Par Petroleum Corp/Co • Crude petroleum & natural gas

THIRD AMENDMENT TO DELAYED DRAW TERM LOAN CREDIT AGREEMENT, JOINDER, WAIVER, CONSENT AND OMNIBUS AMENDMENT AGREEMENT (this “Amendment”), dated as of December 28, 2012 by and among Par Petroleum Corporation, a Delaware corporation (the “Borrower”), the Guarantors party thereto (the “Guarantors” and together with the Borrower, each a “Credit Party” and collectively, the “Credit Parties”), the undersigned Lenders party hereto, and Jefferies Finance LLC, as administrative agent (the “Administrative Agent”).

OMNIBUS AMENDMENT AGREEMENT
Omnibus Amendment Agreement • November 5th, 2013 • Biocept Inc • Services-medical laboratories • California

This OMNIBUS AMENDMENT AGREEMENT (this “Amendment”) is entered into as of September 30, 2011, by and among Biocept, Inc., a California corporation (the “Company”), and each of the entities identified on the signature pages hereto (each an “Investor” and collectively the “Investors”).

OMNIBUS AMENDMENT AGREEMENT
Omnibus Amendment Agreement • February 12th, 2009 • Monarch Community Bancorp Inc • National commercial banks • Illinois

This Omnibus Amendment Agreement, dated as of February 6, 2009 (the “Agreement”), is entered into by and between (the “Executive”) and Monarch Community Bancorp, Inc. (the “Company”).

EX-4.2(B) 6 d553197dex42b.htm OMNIBUS AMENDMENT AGREEMENT SUTRO BIOPHARMA, INC. OMNIBUS AMENDMENT AGREEMENT
Omnibus Amendment Agreement • May 5th, 2020 • California

This Omnibus Amendment Agreement (this “Amendment”) is made and entered into as of July 26, 2018 by and among Sutro Biopharma, Inc., a Delaware corporation (the “Company”) and the persons and entities listed on the signature pages hereto, and amends (i) that certain Amended and Restated Voting Agreement dated as of May 24, 2018, by and among the Company and certain stockholders of the Company (the “Voting Agreement”), (ii) that certain Amended and Restated Right of First Refusal and Co-Sale Agreement, dated as of May 24, 2018, by and among the Company and certain stockholders of the Company (the “ROFR Agreement”), and (iii) that certain Amended and Restated Investors’ Rights Agreement, dated as of May 24, 2018 by and among the Company and certain stockholders of the Company (the “IRA”). Reference is made to that certain Amended and Restated Series E Preferred Stock Purchase Agreement, dated July 26, 2018, by and among the Company and the Purchasers party thereto (the “Purchase Agreemen

Execution Version OMNIBUS AMENDMENT AGREEMENT
Omnibus Amendment Agreement • May 5th, 2020 • New York

This OMNIBUS AMENDMENT AGREEMENT (this “Amendment”), dated as of July 16, 2019, is entered into by and among APPLIED DNA SCIENCES, INC., a Delaware corporation (the “Company”) and each of the investors listed on Schedule I attached hereto (each, a “Buyer” and collectively, the “Buyers”).

EX-10.108 3 dex10108.htm OMNIBUS AMENDMENT AGREEMENT EXECUTION VERSION OMNIBUS AMENDMENT AGREEMENT
Omnibus Amendment Agreement • May 5th, 2020 • New York

This OMNIBUS AMENDMENT AGREEMENT is made and entered into as of November 24, 2004 (this “Agreement”) by and among Equinix, Inc., a Delaware corporation (“Parent”), the subsidiaries of Parent that are Guarantors of Parent’s obligations under the Securities Purchase Agreement referred to below, each of the holders of the Notes issued pursuant to such Securities Purchase Agreement (the “Noteholders”) and iSTT Investments Pte Ltd., a company organized under the laws of the Republic of Singapore, as collateral agent under the Junior Pledge and Security Agreement referred to below (the “Collateral Agent”), and amends such Securities Purchase Agreement (such Agreement, the “Purchase Agreement”). Unless otherwise defined in this Agreement, capitalized terms used in this Agreement without definition have the respective meanings given to them in the Purchase Agreement.

OMNIBUS AMENDMENT AGREEMENT Page
Omnibus Amendment Agreement • May 5th, 2020 • England and Wales
EX-10.3 7 d416853dex103.htm FORM OF AMENDMENT AGREEMENT OMNIBUS AMENDMENT AGREEMENT
Omnibus Amendment Agreement • May 5th, 2020 • New York

This OMNIBUS AMENDMENT AGREEMENT (this “Amendment”), dated as of September 24, 2012, is entered into by and among AUTHENTIDATE HOLDING CORP., a Delaware corporation (the “Company”) and each of the holders of the Prior Notes (as such term is defined below) listed on the signature pages hereto.

Contract
Omnibus Amendment Agreement • May 5th, 2020 • California

Exhibit 10.5 EXECUTION VERSION OMNIBUS AMENDMENT AGREEMENT THIS OMNIBUS AMENDMENT AGREEMENT (this “Amendment”), dated as of September 15, 2004, is entered into by and among: (1) ELECTRONIC ARTS REDWOOD, LLC, a Delaware limited liability company (as successor in interest pursuant to this Amendment to Electronic Arts Redwood, Inc., a Delaware corporation, the “Lessee”); (2) ELECTRONIC ARTS, INC., a Delaware corporation (the “Guarantor”); (3) SELCO SERVICE CORPORATION, an Ohio corporation doing business in California as Ohio SELCO Service Corporation, as the successor in interest to Flatirons Funding, Limited Partnership (the “Lessor”); (4) VICTORY RECEIVABLES CORPORATION, a Delaware corporation, (the “Note Purchaser”); (5) THE BANK OF TOKYO-MITSUBISHI, LTD., NEW YORK BRANCH, as the agent for the Note Purchaser and the administrative agent for the Liquidity Banks (in such capacities, together with its permitted successors and assigns, the “Conduit Agent”); (6) Each of the financial instit

THIRD OMNIBUS AMENDMENT AGREEMENT
Omnibus Amendment Agreement • August 10th, 2009 • Broadwind Energy, Inc. • Nonferrous foundries (castings)

THIS THIRD OMNIBUS AMENDMENT AGREEMENT, dated as of August 7, 2009 (this “Amendment”), is by and among BRAD FOOTE GEAR WORKS, INC. (f/k/a BFG Acquisition Corp.), an Illinois corporation (the “Borrower”), 1309 SOUTH CICERO AVENUE, LLC, a Delaware limited liability company (“1309”), 5100 NEVILLE ROAD, LLC, a Delaware limited liability company (“5100” and, together with 1309, the “Subsidiaries”) and BANK OF AMERICA, N.A., (f/k/a LaSalle Bank National Association, f/k/a LaSalle National Bank, f/k/a LaSalle Bank N.I.) (the “Lender”).

OMNIBUS AMENDment AGREEMENT
Omnibus Amendment Agreement • March 12th, 2024 • Bunker Hill Mining Corp. • Metal mining • Ontario

THIS OMNIBUS AMENDMENT AGREEMENT (this “Agreement”) dated as of January 28, 2022 (the “Effective Date”) by and among Silver Valley Metals Corp. (“Mine Owner”) and Bunker Hill Mining Corp. (“BHMC” and together with Mine Owner, the “Obligors”) [Redacted – Affiliate of Sprott Private Resource Streaming and Royalty Corp.] (“SPRSR”).

OMNIBUS AMENDMENT AGREEMENT
Omnibus Amendment Agreement • January 14th, 2009 • Centrue Financial Corp • National commercial banks • Illinois

This Omnibus Amendment Agreement, dated as of January , 2009 (the “Agreement”), is entered into by and between (the “Executive”) and Centrue Financial Corporation, Inc. (the “Company”).

OMNIBUS AMENDMENT AGREEMENT
Omnibus Amendment Agreement • March 8th, 2010 • Motricity Inc • Services-business services, nec • Delaware

THIS OMNIBUS AMENDMENT AGREEMENT (this “Agreement”) is made as of January 20, 2010 (the “Effective Date”) by and between Motricity, Inc., a Delaware corporation (“Motricity”), and Advanced Equities, Inc., an Indiana corporation (“AEI”).

FIFTH OMNIBUS AMENDMENT AGREEMENT OFFER LETTER
Omnibus Amendment Agreement • March 21st, 2024 • Telecom Argentina Sa • Telephone communications (no radiotelephone)

This Offer shall be open for acceptance in writing by IDB Invest in the form of Annex II hereto, until 11:59 pm New York time on October 17, 2023 unless extended in writing for and additional period of time by the Borrower (the “Expiration Date”); forthwith after the Expiration Date, this Offer shall automatically lose all force and effect.

OMNIBUS AMENDMENT AGREEMENT
Omnibus Amendment Agreement • August 3rd, 2005 • Electronic Arts Inc • Services-prepackaged software • California
OMNIBUS AMENDMENT AGREEMENT
Omnibus Amendment Agreement • September 19th, 2023 • SRAX, Inc. • Services-advertising agencies • Delaware

THIS OMNIBUS AMENDMENT AGREEMENT (this “Amendment”), dated and effective as of September 11, 2023 is entered into by and among (i) SRAX, Inc., a corporation incorporated under the laws of the State of Delaware (the “Company”); (ii) ATW Opportunities Master Fund II, L.P., a limited partnership organized and existing under the laws of the State of Delaware (“ATW Opportunities”), and (iii) ATW Master Fund II, L.P., a limited partnership organized and existing under the laws of the State of Delaware (“ATW Master Fund”). The Company, ATW Opportunities and ATW Master Fund are collectively referred to herein as the “Parties,” or each of them individually as a “Party”. Capitalized terms in this Amendment shall have the meanings given to them in each of the Credit Agreement (as defined below) or Debenture (as defined below), as applicable, unless otherwise defined herein.

OMNIBUS AMENDMENT AGREEMENT
Omnibus Amendment Agreement • March 16th, 2010 • Unigene Laboratories Inc • Medicinal chemicals & botanical products • Illinois

This OMNIBUS AMENDMENT AGREEMENT (this “Amendment”), dated as of October 19, 2009, is by and among UNIGENE LABORATORIES, INC. (“Principal Borrower”), VICTORY PARK MANAGEMENT, LLC, as administrative agent and collateral agent (“Agent”) and the Holders signatory hereto. Unless otherwise specified herein, capitalized terms used in this Amendment shall have the meanings ascribed to them in the Financing Agreement (as hereinafter defined).

SECOND OMNIBUS AMENDMENT AGREEMENT
Omnibus Amendment Agreement • March 16th, 2009 • Broadwind Energy, Inc. • Nonferrous foundries (castings)

THIS SECOND OMNIBUS AMENDMENT AGREEMENT, dated as of March 13, 2009 (this “Amendment”), is by and among BRAD FOOTE GEAR WORKS, INC. (f/k/a BFG Acquisition Corp.), an Illinois corporation (the “Borrower”), 1309 SOUTH CICERO AVENUE, LLC, a Delaware limited liability company (“1309”), 5100 NEVILLE ROAD, LLC, a Delaware limited liability company (“5100” and, together with 1309, the “Subsidiaries”) and BANK OF AMERICA, N.A., (f/k/a LaSalle Bank National Association, f/k/a LaSalle National Bank, f/k/a LaSalle Bank N.I.) (the “Lender”).

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Omnibus Amendment Agreement
Omnibus Amendment Agreement • May 16th, 2005 • Flyi Inc • Air transportation, scheduled • New York

This omnibus amendment agreement (this “Agreement”) dated as of January 7, 2005 is made with respect to (i) each of the ten Lease Agreements described on Schedule 1 hereto (each a “Subject Lease”), each between INDEPENDENCE AIR, INC. (the “Lessee”) (formerly known as Atlantic Coast Airlines) as lessee, and WACHOVIA BANK, NATIONAL ASSOCIATION, as owner trustee (the “Owner Trustee” or “Lessor”) under the applicable Trust Agreement described on Schedule 1 hereto, as lessor, (ii) each of the Bombardier model CL-600-2B19 aircraft identified on Schedule 1 hereto (the “Subject Aircraft”), each of which is leased by the Owner Trustee to the Lessee under one of the Subject Leases, (iii) each of the Participation Agreements (as respectively defined in each Subject Lease) (each a “Participation Agreement” and, together with the Subject Leases, the Subject Mortgages (as defined below) and the other Operative Documents (as respectively defined in each of the Subject Leases), the “Subject Operative

SECOND OMNIBUS AMENDMENT AGREEMENT
Omnibus Amendment Agreement • November 7th, 2023 • Ontario

THIS SECOND OMNIBUS AMENDMENT $*5((0(17A g reeWmKenLt´V d at e³d as of June 17, 2022 WKEfHfe cti³ve Date´ by and among Silver Valley Metals Corp. M³ine Owner´ an d Bunker

SLM STUDENT LOAN TRUST 2006-4 OMNIBUS AMENDMENT AGREEMENT,
Omnibus Amendment Agreement • January 23rd, 2018 • New York

WHEREAS, the Issuer desires to amend the Indenture and the Administration Agreement (collectively, the “Agreements”) to provide for the conversion of the Class A-6 Notes from EURIBOR Notes to LIBOR Notes in connection with a concurrent close-out and termination of all existing Currency Swap Agreements pursuant to a separate Amendment and Close-Out Agreement dated the date hereof with respect to the Indenture, the Administration Agreement and the Currency Swap Agreements (the “Amendment and Close-Out Agreement” and, together with this Amendment Agreement, the “Amendments”);

OMNIBUS AMENDMENT AGREEMENT
Omnibus Amendment Agreement • August 9th, 2018 • MaxQ AI Ltd. • Services-computer programming services • New York

THIS OMNIBUS AMENDMENT AGREEMENT (this “Amendment”), is made as of March 23, 2018, between MaxQ AI Ltd. (f/k/a MedyMatch Technology Ltd.), a company incorporated under the laws of the State of Israel (the “Company”), and South Florida Biotech Ventures LLC (including its successors and permitted assigns, “South Florida”). Capitalized terms used but not defined herein shall have the meaning ascribed to them in the SPA (as defined below).

OMNIBUS AMENDMENT AGREEMENT Dated as of August 1, 2011 by and among ARMSTRONG RECEIVABLES COMPANY LLC as Seller, ARMSTRONG WORLD INDUSTRIES, INC., as Servicer, ARMSTRONG HARDWOOD FLOORING COMPANY, as Originator ATLANTIC ASSET SECURITIZATION LLC, as...
Omnibus Amendment Agreement • February 27th, 2012 • Armstrong World Industries Inc • Plastics products, nec • New York

This OMNIBUS AMENDMENT AGREEMENT (this “Agreement”), dated as of August 1, 2011 (the “Amendment Effective Date”), is by and among Armstrong Receivables Company LLC, a Delaware limited liability company (the “Company”), Armstrong World Industries, Inc., a Pennsylvania corporation (“Armstrong”), Armstrong Hardwood Flooring Company, a Tennessee corporation (“AHFC”), Atlantic Asset Securitization LLC, a Delaware limited liability company (“Atlantic”), and Crédit Agricole Corporate and Investment Bank, a French banking corporation, duly licensed under the laws of the State of New York (“Crédit Agricole”).

OMNIBUS AMENDMENT AGREEMENT
Omnibus Amendment Agreement • November 5th, 2020 • Bellicum Pharmaceuticals, Inc • Pharmaceutical preparations • New York

THIS OMNIBUS AMENDMENT AGREEMENT (“Agreement”) is entered into and made effective as of October 3, 2014 (the “Effective Date”) by and between ARIAD PHARMACEUTICALS, INC., a Delaware corporation with its principal place of business at 26 Landsdowne Street, Cambridge, MA 02139 (“ARIAD”), and BELLICUM PHARMACEUTICALS, INC., a Delaware corporation with a place of business at 2130 Holcombe Boulevard, Suite 850, Houston, TX 77030 (“Bellicum”). ARIAD and Bellicum may be referred to herein individually as a “Party” and collectively as “Parties.”

OMNIBUS AMENDMENT AGREEMENT
Omnibus Amendment Agreement • June 14th, 2022 • Connexa Sports Technologies Inc. • Sporting & athletic goods, nec

This Omnibus Amendment Agreement (this “Amendment”), dated as of December __, 2021, by and between SLINGER BAG INC., a Nevada corporation (the “Company”), and each of the several purchasers signatory hereto (each such purchaser, a “Purchaser” and, collectively, the “Purchasers”).

OMNIBUS AMENDMENT AGREEMENT TO EMPLOYMENT AGREEMENT
Omnibus Amendment Agreement • March 16th, 2006 • Century Aluminum Co • Primary production of aluminum

THIS OMNIBUS AMENDMENT AGREEMENT (this “Amendment”) is made as of December 8, 2005, by and between Century Aluminum Company, a Delaware corporation (the “Company”), and David W, Beckley (the “Executive”).

OMNIBUS AMENDMENT AGREEMENT NO. 2
Omnibus Amendment Agreement • April 30th, 2015 • Tandem Diabetes Care Inc • Surgical & medical instruments & apparatus • New York

THIS OMNIBUS AMENDMENT AGREEMENT NO. 2 (this “Amendment”), dated as of February 23, 2015, is made among TANDEM DIABETES CARE, INC., a Delaware corporation (the “Borrower”), (i) the financial institutions listed on the signature pages hereof under the heading “EXISTING TERM LOAN LENDERS” (each an “Existing Term Loan Lender” and, collectively, the “Existing Term Loan Lenders”) and (ii) the financial institutions listed on the signature pages hereof under the heading “NEW TRANCHE TERM LOAN LENDERS” (each an “New Tranche Term Loan Lender” and, collectively, the “New Tranche Term Loan Lenders”, and together with the Existing Term Loan Lenders, the “Term Loan Lenders”).

OMNIBUS AMENDMENT AGREEMENT
Omnibus Amendment Agreement • March 31st, 2023 • Nexpoint Diversified Real Estate Trust • Real estate investment trusts

This OMNIBUS AMENDMENT AGREEMENT (this “Agreement”), dated as of March 8, 2022 (the “Effective Date”), is made and entered into by and among NHT SP TRS, LLC, a Delaware limited liability company, NHT SP, LLC, a Delaware limited liability company, 2325 STEMMONS TRS, INC., a Delaware corporation, 2325 STEMMONS HOTEL PARTNERS, LLC, a Delaware limited liability company, HCRE ADDISON, LLC, a Delaware limited liability company, HCRE ADDISON TRS, LLC, a Delaware limited liability company, HCRE PLANO, LLC, a Delaware limited liability company, HCRE PLANO TRS, LLC, a Delaware limited liability company, HCRE LAS COLINAS, LLC, a Delaware limited liability company, and HCRE LAS COLINAS TRS, LLC, a Delaware limited liability company (collectively, the “Borrower”), NEXPOINT HOSPITALITY TRUST, a real estate investment trust formed under the laws of the Province of Ontario (“NexPoint Hospitality Trust”), NEXPOINT REAL ESTATE ADVISORS, L.P., a Delaware limited partnership (“NexPoint Advisors”), and NEX

OMNIBUS AMENDMENT AGREEMENT
Omnibus Amendment Agreement • February 7th, 2022 • Modular Medical, Inc. • Surgical & medical instruments & apparatus

This Omnibus Amendment Agreement (this “Amendment”), dated as of February 3, 2022, by and between MODULAR MEDICAL, INC., a Nevada corporation (the “Company”), and each of the several purchasers signatory hereto (each such purchaser, a “Purchaser” and, collectively, the “Purchasers”).

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