Second Agreement Sample Contracts

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Second Agreement to Waive Closing Deliverables (September 28th, 2017)

SECOND AGREEMENT TO WAIVE CLOSING DELIVERABLES, dated as of September 22, 2017 (the "Agreement"), by and among First Capital Real Estate Operating Partnership, L.P., a Delaware limited partnership ("Contributor"), First Capital Real Estate Trust Incorporated, a Maryland corporation, (the "Contributor Parent" and, together with Contributor, the "Contributor Parties"), FC Global Realty Operating Partnership, LLC, a Delaware limited liability company ("Acquiror"), and PhotoMedex, Inc., a Nevada corporation ("Acquiror Parent" and, together with Acquiror, the "Acquiror Parties"). Each of the Contributor Parties and each of the Acquiror Parties is referred to herein individually as a "Party" and, collectively, as the "Parties."

Second Agreement to Amend To (October 31st, 2016)

THIS SECOND AGREEMENT TO AMEND (the "Amendment") is by and between THE GOODYEAR TIRE & RUBBER COMPANY, an Ohio corporation with offices in Akron, Ohio (hereinafter called "SELLER") and WEST PHARMACEUTICAL SERVICES, INC., a Pennsylvania Corporation with offices in Exton, Pennsylvania, (hereinafter called "BUYER").

Second Agreement Regarding Employment Terms (October 22nd, 2014)

BTU International, Inc. (BTU) and Peter Tallian (Mr. Tallian) intend for this Second Agreement Regarding Employment Terms (the Agreement) to modify (only as expressly stated herein): (i) the offer letter dated March 20, 2009 (which Mr. Tallian signed on March 21, 2009) (the Offer Letter); (ii) the Retention Agreement dated March 20, 2009 (which Mr. Tallian signed on March 21, 2009) (the Retention Agreement); and (iii) the Agreement Regarding Employment Terms (which Mr. Tallian signed on November 27, 2012) (the Prior Agreement). BTU and Mr. Tallian agree as follows:

New Ulm Telecom – Second Agreement Regarding Amendments to Loan Documents (September 9th, 2014)

This SECOND AGREEMENT REGARDING AMENDMENTS TO LOAN DOCUMENTS (this Amendment Agreement), dated as of September 5, 2014, is between (i) NEW ULM TELECOM, INC. (the New Ulm), (ii) WESTERN TELEPHONE COMPANY (WTC), PEOPLES TELEPHONE COMPANY (PTC), NEW ULM PHONERY, INC. (Phonery), NEW ULM CELLULAR #9, INC. (Cellular), NEW ULM LONG DISTANCE, INC. (Long Distance), HUTCHINSON TELEPHONE COMPANY (Hutchinson Telephone), HUTCHINSON CELLULAR, INC. (Hutchinson Cellular), HUTCHINSON TELECOMMUNICATIONS, INC. (Hutchinson Telecom) and SLEEPY EYE TELEPHONE COMPANY (Sleepy Eye and, together with WTC, PTC, Phonery, Cellular, Long Distance, Hutchinson Cellular, and Hutchinson Telecom, each a Subsidiary Guarantor and, collectively, the Subsidiary Guarantors; the Subsidiary Guarantors, together with New Ulm and Hutchinson Telephone, each a Loan Party and, collectively, the Loan Parties), and (iii) COBANK, ACB (CoBank).

Hickory Tech Corporation – Second Agreement Regarding Amendments to Loan Documents (August 6th, 2014)

THIS SECOND AGREEMENT REGARDING AMENDMENTS TO LOAN DOCUMENTS (as amended, modified, supplemented, extended or restated from time to time, this "Amendment Agreement"), dated as of August 5, 2014, is entered into among ENVENTIS CORPORATION (f/k/a Hickory Tech Corporation) (the "Borrower"); each of the wholly-owned Subsidiaries of the Borrower listed on the signature pages hereof (individually, a "Guarantor" and, collectively, the "Guarantors"; and, together with the Borrower, the "Loan Parties"); COBANK, ACB (individually, "CoBank" and, as Administrative Agent, "Administrative Agent"), in its capacity as Administrative Agent and as a Lender; and each lender listed on the signature pages hereof (together with CoBank, the "Lenders").

Hickory Tech Corporation – Second Agreement Regarding Amendments to Loan Documents (August 6th, 2014)

THIS SECOND AGREEMENT REGARDING AMENDMENTS TO LOAN DOCUMENTS (as amended, modified, supplemented, extended or restated from time to time, this "Amendment Agreement"), dated as of August 5, 2014, is entered into among ENVENTIS CORPORATION (f/k/a Hickory Tech Corporation) (the "Borrower"); each of the wholly-owned Subsidiaries of the Borrower listed on the signature pages hereof (individually, a "Guarantor" and, collectively, the "Guarantors"; and, together with the Borrower, the "Loan Parties"); COBANK, ACB (individually, "CoBank" and, as Administrative Agent, "Administrative Agent"), in its capacity as Administrative Agent and as a Lender; and each lender listed on the signature pages hereof (together with CoBank, the "Lenders").

Tri Pointe Homes Inc. Common S – Second Agreement to Modify Loan Documents (April 1st, 2014)

THIS SECOND AGREEMENT TO MODIFY LOAN DOCUMENTS (Agreement), dated as of March 25, 2014, by and between CALIFORNIA BANK & TRUST, a California banking corporation (Lender), and TRI POINTE HOMES, INC., a Delaware corporation formerly known as TRI POINTE HOMES, LLC, a Delaware limited liability company (Borrower), is made with reference to the following facts:

Nissan Master Owner Trust Receivables – Nissan Master Owner Trust Receivables Second Agreement of Modification to Transaction Documents (May 24th, 2012)

This SECOND AGREEMENT OF MODIFICATION TO TRANSACTION DOCUMENTS, dated as of May 23, 2012 (this Agreement), is by and among the signatories hereto.

Nissan Master Owner Trust Receivables – Nissan Master Owner Trust Receivables Second Agreement of Modification to Transaction Documents (May 18th, 2012)

This SECOND AGREEMENT OF MODIFICATION TO TRANSACTION DOCUMENTS, dated as of May 23, 2012 (this Agreement), is by and among the signatories hereto.

Shenandoah Telecommunications Co – Second Agreement Regarding Amendments to Loan Documents and Consent (December 23rd, 2009)

This SECOND AGREEMENT REGARDING AMENDMENTS TO LOAN DOCUMENTS AND CONSENT (this "Amendment Agreement"), dated as of December 22, 2009, is between SHENANDOAH TELECOMMUNICATIONS COMPANY (the "Borrower") and COBANK, ACB ("CoBank")

Second Agreement Regarding Private Placement of Securities of Sunesis Pharmaceuticals, Inc. (November 2nd, 2009)

THIS AGREEMENT (the Agreement) is made and entered into as of this 27th day of October, 2009, by and among SUNESIS PHARMACEUTICALS, INC., a Delaware corporation (the Company), and the persons and entities listed on Exhibit A hereto (the Investors).

Beijing Med-Pharm Corporation – Second Agreement to Amend 12.5% March Cash Secured Convertible Notes Due July 1, 2011 (May 19th, 2009)

THIS SECOND AGREEMENT TO AMEND 12.5% MARCH CASH SECURED CONVERTIBLE NOTES DUE JULY 1, 2011, dated May 14, 2009 (this Agreement), is entered into by BMP Sunstone Corporation, a Delaware corporation (the Company), and James I. Freeman (the Applicable Noteholder). Unless otherwise defined herein, capitalized terms shall have the meanings assigned to such terms in the Original Notes (as defined below).

Traduccion Publica Sworn Translation Second Agreement for the Implementation of Amendments to the Corporate Services Master Agreement (December 30th, 2008)

NOW IN CONSIDERATION OF THE FOREGOING, THE PARTIES hereby agree to execute this Second Agreement subject to the following terms and conditions:

Irsa Inversiones Y Repstn Sa – Traduccion Publica Sworn Translation Second Agreement for the Implementation of Amendments- To the Corporate Services Master Agreement (December 30th, 2008)

NOW IN CONSIDERATION OF THE FOREGOING, THE PARTIES hereby agree to execute this Second Agreement subject to the following terms and conditions:

Traduccion Publica Sworn Translation Second Agreement for the Implementation of Amendments to the Corporate Services Master Agreement (December 30th, 2008)

NOW IN CONSIDERATION OF THE FOREGOING, THE PARTIES hereby agree to execute this Second Agreement subject to the following terms and conditions:

Green Builders, Inc. – Second Agreement to Modify Loan Documents (July 3rd, 2008)

THIS SECOND AGREEMENT TO MODIFY LOAN DOCUMENTS ("Agreement") is entered into as of July 2, 2008, by WILSON FAMILY COMMUNITIES, INC., a Delaware corporation ("Borrower"), and RBC BANK (USA), formerly known as RBC CENTURA BANK, a North Carolina banking corporation (individually, as a "Lender" and as "Agent" for all "Lenders" [as defined below]), FRANKLIN BANK SSB, and INTERNATIONAL BANK OF COMMERCE, LAREDO, TEXAS, a Texas state banking association (individually, as a "Lender" and collectively, with RBC CENTURA BANK, "Lenders"). Borrower, Agent, and Lenders, for and in consideration of the recitals and mutual promises contained herein, confirm and agree as follows:

Second Agreement Amendment (April 2nd, 2008)

This Agreement Amendment is entered into this 27 day of March, 2008 by and among Wells Fargo Bank, National Association acting through its Wells Fargo Business Credit operating division (WFBC), Gateway, Inc. (Gateway), Gateway Companies, Inc. (Gateway Companies) and MPC-Pro, LLC (MPC).

Micro Component Technology – Second Agreement for Payment of Interest With Stock (February 25th, 2005)

THIS AGREEMENT is made and entered into as of January 31, 2005, by and between Micro Component Technology, Inc., a Minnesota corporation (the Company), and the undersigned holders of the Companys 10% Senior Subordinated Convertible Notes, due December 24, 2006 (the Notes).

Watchdata Technologies Ltd. – Second Agreement (December 22nd, 2004)
Active Network Inc – Second Agreement to Amend Lease March 14, 2000 (April 22nd, 2004)

WHEREAS, Prospect Center Corporation (Landlord) and RaceGate.com (Tenant), entered into an office lease (the Lease) for Suite #250 and Suite #201 and #401 in the Prospect Center Building, 1020 Prospect street, La Jolla California; and

Amendment No. 1 to Letter of Intent (November 21st, 2003)

This Amendment No. 1 to the Letter of Intent (the Amendment) is effective as of October 6, 2003 by and between Xcyte Therapies, Inc., a Delaware (U.S.A.) corporation (Xcyte), and Taiwan Cell Therapy Company, a corporation formed under the laws of Taiwan, R.O.C. (TCTC).