RECITALSSecond Amended And • August 6th, 2004 • Scan Optics Inc • Computer peripheral equipment, nec • New York
SECOND AMENDED AND RESTATED EMPLOYMENT AGREEMENTSecond Amended And • March 3rd, 2021 • Healthier Choices Management Corp. • Tobacco products • Florida
This SECOND AMENDED AND RESTATED EMPLOYMENT AGREEMENT (“Agreement”), entered into on February 26, 2021 and effective as of the 11th day of February, 2021 (“Effective Date”), by and among, Christopher Santi (the “Executive”) and Healthier Choices Management Corp., a Delaware corporation (“HCMC” or the “Company”).
SECOND AMENDED AND RESTATED EXCHANGE AGREEMENTSecond Amended And • August 24th, 2010 • Incoming,Inc. • Wholesale-apparel, piece goods & notions • New York
This SECOND AMENDED AND RESTATED EXCHANGE AGREEMENT (this “Agreement”), dated August 18, 2010 (the “Effective Date”) amends, restates and supersedes in its entirety that certain amended and restated exchange agreement dated June 18, 2010 (the “Amended Agreement”), which amended, restated and superseded in its entirety that certain exchange agreement dated February 9, 2010 (the “Original Agreement”). This Agreement is entered into by and among North American Bio-Energies, LLC, a limited liability company organized and existing under the laws of North Carolina (“NABE”), Incoming, Inc., a Nevada corporation (“Incoming” or the “Company”), and the limited liability company members of NABE set forth in Exhibit A to this Agreement (collectively, the “NABE Members”) (Incoming, NABE and each of the NABE Members, each, a “Party” and collectively, the “Parties”).
SECOND AMENDED AND RESTATED ADVISORY AGREEMENTSecond Amended And • November 27th, 2018 • Cole Real Estate Income Strategy (Daily Nav), Inc. • Real estate investment trusts • Arizona
This SECOND AMENDED AND RESTATED ADVISORY AGREEMENT (this “Agreement”) is entered into on this the 27th day of November, 2018, by and among CIM INCOME NAV, INC., a Maryland corporation (the “Company”), CIM INCOME NAV OPERATING PARTNERSHIP, LP, a Delaware limited partnership (the “Operating Partnership”) and CIM INCOME NAV ADVISORS, LLC, a Delaware limited liability company (the “Advisor”).
SECOND AMENDED AND RESTATED EMPLOYMENT AGREEMENTSecond Amended And • January 7th, 2005 • Glowpoint Inc • Telephone communications (no radiotelephone) • New Jersey
This Second Amended and Restated Employment Agreement (this “Agreement”) is made as of the 31st day of December 2004 between Glowpoint, Inc., a Delaware corporation having its principal office at 225 Long Avenue, Hillside, New Jersey 07205 (hereinafter “Glowpoint”), and Richard Reiss, 10 Timber Acres Road, Springfield, New Jersey 07081 (hereinafter “Employee”).
SECOND AMENDED AND RESTATED WAIVER AGREEMENTSecond Amended And • December 4th, 2014 • Caesars Entertainment Operating Company, Inc. • Hotels & motels
SECOND AMENDED AND RESTATED EMPLOYMENT AGREEMENTSecond Amended And • May 18th, 2012 • Triangle Petroleum Corp • Crude petroleum & natural gas • Colorado
This second amended and restated AGREEMENT (this “Agreement”) is made and entered into on the 18th day of May 2012, by and between Triangle Petroleum Corporation, a Nevada corporation (the “Company”), and Jonathan Samuels (“Employee”).
SECOND AMENDED AND RESTATED AGREEMENT AND PLAN OF MERGER OF DIEGO PELLICER, INC.,Second Amended And • February 6th, 2017 • Diego Pellicer Worldwide, Inc • Services-educational services • Delaware
This AMENDED AND RESTATED AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of June 7, 2016, is made by and between Diego Pellicer, Inc., a Washington corporation (“Diego Washington”), and Diego Pellicer Worldwide Inc., a Delaware corporation (“Diego Delaware”). Diego Delaware and Diego Washington are sometimes referred to in this Agreement as the “Constituent Companies.” This Agreement amends, restates, replaces and supersedes in its entirety that certain Agreement and Plan of Merger between the Constituent Companies dated as of January 23, 2014 (the “Prior Agreement’ ).
SECOND AMENDED AND RESTATED COMPENSATION AGREEMENTSecond Amended And • August 14th, 2020
This Second Amended and Restated Compensation Agreement (the “Agreement”) is made and entered into as of , 2020, by and among the CITY OF BRECKSVILLE, OHIO (the “City”). a municipal corporation organized and existing under the constitution, its Charter, and the laws of the State of Ohio with its principal offices at 9060 Brecksville Road, Brecksville, Ohio 44141, the BRECKSVILLE-BROADVIEW HEIGHTS CITY SCHOOL DISTRICT (the “School District” or “BBHCSD”), a public school district with its principal offices located at 6638 Old Mill Road, Brecksville, OH 44141, and DiGERONIMO DEVELOPMENT LLC (the “Developer”), an Ohio limited liability company with its principal offices located at 5720 E. Schaaf Road, Independence, Ohio 44131, and amends and restates that certain Amended and Restated Compensation Agreement approved by the Board of Education of the School District (the “Board”) pursuant to a resolution adopted by the Board on January 22, 2020.
SECOND AMENDED AND RESTATED GUARANTEESecond Amended And • September 7th, 2007 • New York & Company, Inc. • Retail-women's clothing stores • New York
THIS SECOND AMENDED AND RESTATED GUARANTEE (“Guarantee”), dated August 22, 2007, is made by New York & Company, Inc., a Delaware corporation (“NY&Co”), Lerner New York Holding, Inc., a Delaware corporation (“Parent”), Nevada Receivable Factoring, Inc., a Nevada corporation (“Nevada Factoring”) Associated Lerner Shops of America, Inc., a New York corporation (“Associated Lerner”), and Lerner New York GC, LLC, an Ohio limited liability company (“Lerner GC” and together with NY&Co, Parent, Nevada Factoring and Associated Lerner, collectively, “Guarantors” and each a “Guarantor”) each having an address at 450 West 33rd Street, New York, New York 10001, in favor of Wachovia Bank, National Association, a national banking association, in its capacity as agent for the Lenders and the Bank Product Providers (in such capacity, “Agent”), having an office at 1133 Avenue of the Americas, New York, New York 10036.
SECOND AMENDED AND RESTATED SEVENTH MEZZANINE LOAN AGREEMENT Dated as of August 31, 2010 Among HARRAH’S LAS VEGAS MEZZ 7, LLC, HARRAH’S ATLANTIC CITY MEZZ 7, LLC, RIO MEZZ 7, LLC, FLAMINGO LAS VEGAS MEZZ 7, LLC, HARRAH’S LAUGHLIN MEZZ 7, LLC, AND...Second Amended And • September 3rd, 2010 • Harrahs Entertainment Inc • Services-miscellaneous amusement & recreation • New York
SECOND AMENDED AND RESTATED SPONSOR SUPPORT AGREEMENTSecond Amended And • August 14th, 2009 • Global Consumer Acquisition Corp. • National commercial banks • New York
This Agreement (this “Agreement”) is entered into as of August 13, 2009, by and between Hayground Cove Asset Management LLC, a Delaware Limited Liability Company (“HCAM”) and Global Consumer Acquisition Corp., a Delaware Corporation (“GCAC”), and amends and restates in its entirety that certain Amended and Restated Sponsor Support Agreement, dated as of July 28, 2009, by and between HCAM and GCAC.
SECOND AMENDED AND RESTATED LOAN AGREEMENT, dated as of August 23, 2017, among ULTA BEAUTY, INC., as Holdings and a Borrower, ULTA SALON, COSMETICS & FRAGRANCE, INC., as Borrower Representative, EACH OF HOLDINGS’ SUBSIDIARIES THAT ARE SIGNATORIES...Second Amended And • August 24th, 2017 • Ulta Beauty, Inc. • Retail-retail stores, nec • New York
SECOND AMENDED AND RESTATED LOAN AGREEMENT, dated as of August 23, 2017 (as amended, amended and restated, supplemented or otherwise modified from time to time, this “Agreement”), among ULTA BEAUTY, INC., a Delaware corporation (“Holdings”), ULTA SALON, COSMETICS & FRAGRANCE, INC., a Delaware corporation (“Ulta Salon”), the Subsidiaries of Holdings identified on the signature pages hereof as “Borrowers” (together with Holdings and Ulta Salon, are referred to hereinafter each individually, as a “Borrower”, and individually and collectively, jointly and severally, as the “Borrowers”), the Lenders and other Issuing Banks party hereto from time to time, and WELLS FARGO BANK, NATIONAL ASSOCIATION, as administrative agent (in such capacity, and as further defined in Section 1.01, the “Administrative Agent”), as collateral agent (in such capacity, and as further defined in Section 1.01, the “Collateral Agent”), as a Swingline Lender (in such capacity, and as further defined in Section 1.01, t
SECOND AMENDED AND RESTATED FLOW SALE AND SERVICING AGREEMENT Dated and effective as of March 1, 2006 GOLDMAN SACHS MORTGAGE COMPANY (Initial Owner) and GMAC MORTGAGE CORPORATION (Company) Residential Adjustable and Fixed Rate Conventional Mortgage LoansSecond Amended And • July 13th, 2007 • GSR Mortgage Loan Trust 2007-4f • Asset-backed securities • New York
I, ________________________________, the _______________________ of GMAC Mortgage Co., certify to Goldman Sachs Mortgage Co., [the Depositor], and the [Master Servicer] [Securities Administrator] [Trustee], and their officers, with the knowledge and intent that they will rely upon this certification, that:
SECOND AMENDED AND RESTATED INTERCREDITOR AGREEMENTSecond Amended And • April 10th, 2024 • Alberta
dated as of October 14, 2022, and entered into by and between the FGI WORLDWIDE LLC, in its capacity as administrative agent under the ABL Credit Agreement, including its successors and assigns from time to time (the “Initial ABL Agent”), and Computershare Trust Company of Canada, as trustee (the “Trustee”), not in its individual capacity, but solely in its capacity as trustee and collateral agent under the Indenture, including in each case its successors and assigns from time to time (in such capacities, the “Note Agent”), and is acknowledged by Source Energy Services Canada LP, an Alberta limited partnership (the “LP Issuer”), Source Energy Services Canada Holdings Ltd., an Alberta corporation (the “Company” and, together with the LP Issuer, the “Issuers”), Source Energy Services Ltd. (the “Parent”), Source Energy Services Canada LP GP Ltd. (the “LP Issuer GP”), Source Energy Services US II LP GP Ltd. (the “US LP GP”, and together with the LP Issuer GP, the “General Partners”) and th
SECOND AMENDED AND RESTATED FEE AND INTEREST RATE AGREEMENT DATED JULY 16, 2018Second Amended And • July 13th, 2018 • California
Reference is hereby made to the (i) Amended and Restated Note Purchase and Reimbursement Agreement dated as of July 1, 2018 (as amended, supplemented or otherwise modified from time to time, the “Agreement”), between the COUNTY OF ORANGE, CALIFORNIA (the “County”) and WELLS FARGO BANK, NATIONAL ASSOCIATION (the “Purchaser”), relating to the County of Orange Teeter Plan Obligations Notes, Series B (the “Notes”), and (ii) Amended and Restated Fee and Interest Rate Agreement dated January 29, 2016 (the “Existing Fee and Interest Rate Agreement”), among the County, the Purchaser and Wells Fargo Municipal Capital Strategies, LLC.
SECOND AMENDED AND RESTATED LOAN AGREEMENTSecond Amended And • July 28th, 2004 • Isco International Inc • Instruments for meas & testing of electricity & elec signals • New York
SECOND AMENDED AND RESTATED LOAN AGREEMENT (“Agreement”) dated as of July 23, 2004 (the “Closing Date”) by and among Manchester Securities Corporation, a New York corporation (“Manchester”), Alexander Finance, L.P., an Illinois limited partnership (“Alexander” and together with Manchester, the “Lenders”) and ISCO International, Inc., a corporation organized and existing under the laws of Delaware and formerly known as Illinois Superconductor Corporation (the “Company”).
SECOND AMENDED AND RESTATED AGREEMENT ------------------------------------- This is the Second Amended and Restated Agreement (the "Agreement") between Robert K. Swanson ("Swanson") and Grossman's, Inc. ("Grossman's" or the "Company") intended to be...Second Amended And • August 14th, 1997 • Grossmans Inc • Retail-lumber & other building materials dealers • Massachusetts
SECOND AMENDED AND RESTATED EMPLOYMENT AGREEMENTSecond Amended And • May 4th, 2021 • Phreesia, Inc. • Services-business services, nec • New York
This Second Amended and Restated Employment Agreement (“Agreement”) is made between Phreesia, Inc., a Delaware corporation (the “Company”), and Randy Rasmussen (the “Executive”) and is effective as of May 1, 2021.
ContractSecond Amended And • November 1st, 2016 • Barclays Dryrock Issuance Trust • Asset-backed securities • New York
SECOND AMENDED AND RESTATED SELLER AGREEMENT (this “Agreement”), dated as of August 1, 2012, as amended and restated as of December 17, 2013, and as of November 1, 2016, by and between BARCLAYS BANK DELAWARE (“BBD”), a Delaware banking corporation, and BARCLAYS DRYROCK FUNDING LLC, a Delaware limited liability company (“Dryrock Funding”).
SECOND AMENDED AND RESTATED ESCROW AGREEMENTSecond Amended And • December 20th, 2012 • American Power Corp. • Perfumes, cosmetics & other toilet preparations
This Second Amended and Restated Escrow Agreement (this “Agreement”) is entered into as of December 11, 2012, by and between JBM Energy Company, LLC, a Delaware limited liability company (“JBM”), Russell B. Pace, Jr. (“Pace”), Realty Title Company, Inc. a Montana corporation (“Escrow Agent”) and American Power Corp, a Nevada corporation (“APC”), each a “Party” and, collectively, the “Parties”.
