Second Amendment Sample Contracts

SECOND AMENDMENT TO SECURITIES LENDING AUTHORIZATION AGREEMENT BETWEEN
Second Amendment • April 30th, 2007 • Phoenix Edge Series Fund • Massachusetts
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SECOND AMENDMENT
Second Amendment • January 30th, 2008 • Sandridge Energy Inc • Crude petroleum & natural gas

This Second Amendment (the “Amendment”) is made and entered into as of the 26th day of January, 2007, by and between 1601 Tower Properties, L.L.C., an Oklahoma limited liability company (“LANDLORD”), and Riata Energy, Inc., a Texas corporation, d/b/a SandRidge Energy (“Tenant”).

SECOND AMENDMENT
Second Amendment • March 6th, 2008 • H&r Block Inc • Services-personal services • New York

THIS SECOND AMENDMENT, dated as of November 19, 2007 (this “Amendment”), amends the Amended and Restated Five-Year Credit and Guarantee Agreement dated as of August 10, 2005 (as amended, the “Credit Agreement”), among Block Financial Corporation (the “Borrower”), H&R Block, Inc. (the “Guarantor”), the lenders party thereto (the “Lenders”) and JPMorgan Chase Bank, N.A., as administrative agent for the Lenders (in such capacity, the “Administrative Agent”). Capitalized terms used but not defined herein have the respective meanings set forth in the Credit Agreement.

Second Amendment to Exclusive Patent License Agreement A217008.05
Second Amendment • June 5th, 2020 • ArcherDX, Inc. • In vitro & in vivo diagnostic substances

This Second Amendment (“Second Amendment”) to the Exclusive Patent License Agreement MGH # A217008, (the “Agreement”), dated July 23, 2013 is made as of June 23, 2017 (“Second Amendment Effective Date) by and between The General Hospital Corporation, d/b/a Massachusetts General Hospital, a not-for-profit Massachusetts corporation, with a principal place of business at 55 Fruit Street, Boston, Massachusetts 02114 (“Hospital”) and ArcherDx, Inc., a Delaware Corporation, having a principal place of business at 2477 55th St. # 202 Boulder, Colorado 80301 (“Company”).

to Employment Agreement
Second Amendment • January 5th, 2009 • Cheesecake Factory Inc • Retail-eating places • California

This Second Amendment to Employment Agreement (“Second Amendment”) is entered into as of December 30, 2008 by and between The Cheesecake Factory Incorporated, a Delaware corporation (the “Company”) and Debby Zurzolo (the “Employee”).

SECOND AMENDMENT
Second Amendment • April 13th, 2006 • PQ Systems INC • Chemicals & allied products • New York

SECOND AMENDMENT, dated as of November 17, 2005 (this “Second Amendment”), to the Credit Agreement, dated as of February 11, 2005 (the “Credit Agreement”), among PQ Corporation, a Delaware corporation (the “Borrower”), Niagara Holdings, Inc., a Delaware corporation (“Holdings”), the Lenders party hereto from time to time, UBS AG, Stamford Branch, as administrative agent (in such capacity, the “Administrative Agent”), JPMorgan Chase Bank, N.A., as syndication agent, Credit Suisse First Boston, acting through its Cayman Islands branch and General Electric Capital Corporation, as co-documentation agents, and J.P. Morgan Securities Inc. and UBS Securities LLC, as joint lead arrangers and joint book runners.

NATIONAL INSTITUTES OF HEALTH SECOND AMENDMENT TO L-249-2001/0
Second Amendment • May 10th, 2013 • Can-Fite BioPharma Ltd. • Pharmaceutical preparations

This is the second amendment (“Second Amendment”) of the agreement by and between the National Institutes of Health (“NIH”) or within the Department of Health and Human Services (“HHS”), and Can-Fite BioPharma, Ltd. having an effective date of January 29, 2003 and having NIH Reference Number L-249-2000/0, as amended by the first amendment to the agreement, having an effective date of August 15,2005, and having NIH reference Number L-249-2000/1 (“First Amendment”) (hereinafter collectively referred to as the “Agreement”). This Second Amendment, having NIH Reference Number L-249-2001/2, is made between the NIH through the Office of Technology Transfer, NIH, having an address at 6011 Executive Boulevard, Suite 325, Rockville, Maryland 20852-3804, U.S.A., and Can-Fite BioPharma, Ltd. (“Can-Fite”), having an office at 10 Bareket Street, Kiryat Matalon, P.O.Box 7537, Petach Tikva 49170, Israel, the (“Licensee”). This second Amendment includes, in addition to the amendments made below, 1) a S

SECOND AMENDMENT TO THE WILSON BANK & TRUST SUPPLEMENTAL EXECUTIVE RETIREMENT PLAN MADE EFFECTIVE MAY 22, 2015
Second Amendment • March 12th, 2021 • Wilson Bank Holding Co • National commercial banks

This Second Amendment is adopted this 28th day of December, 2020, by and between Wilson Bank & Trust, a Tennessee corporation (the “Bank”) and John Foster (the “Executive”).

PARTICIPATION AGREEMENT
Second Amendment • April 26th, 2022 • Thrivent Variable Annuity Account I • Iowa

The parties have previously entered into the Agreement and have now agreed to amend the Agreement by the terms of this Amendment (this “Amendment”).

SECOND AMENDMENT TO AGREEMENT AND PLAN OF MERGER
Second Amendment • December 11th, 2020 • Megalith Financial Acquisition Corp • State commercial banks • New York

This Second Amendment (“Second Amendment”) to the Merger Agreement (as defined below) is made and entered into as of December 8, 2020 by and among (i) Megalith Financial Acquisition Corp, a company incorporated in Delaware (together with its successors, the “Purchaser”), (ii) MFAC Merger Sub Inc., a Pennsylvania corporation and an indirect wholly-owned subsidiary of Purchaser (“Merger Sub”), (iii) Customers Bank, a Pennsylvania state chartered bank and the sole stockholder of the Company (defined below) (the “Company Stockholder”), (iv) BankMobile Technologies, Inc., a Pennsylvania corporation (the “Company”), and (v) Customers Bancorp, Inc., a Pennsylvania corporation (“CUBI”). Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Merger Agreement.

SECOND AMENDMENT
Second Amendment • October 29th, 2013 • Sinclair Broadcast Group Inc • Television broadcasting stations • New York

FIFTH AMENDED AND RESTATED CREDIT AGREEMENT dated as of April 9, 2013 between SINCLAIR TELEVISION GROUP, INC., the GUARANTORS party hereto, the LENDERS party hereto, WELLS FARGO BANK, NATIONAL ASSOCIATION, as Syndication Agent, SUNTRUST BANK, as documentation agent and JPMORGAN CHASE BANK, N.A., as Administrative Agent.

LIMITED WAIVER AND CONSENT TO SENIOR SECURED CONVERTIBLE NOTES AND COMMON STOCK PURCHASE WARRANT AND REAFFIRMATION OF TRANSACTION DOCUMENTS
Second Amendment • March 12th, 2024 • SherpaVentures Fund II, LP • Transportation services

This LIMITED WAIVER AND CONSENT TO SENIOR SECURED CONVERTIBLE NOTES AND COMMON STOCK PURCHASE WARRANT AND REAFFIRMATION OF TRANSACTION DOCUMENTS (this “Agreement”), dated as of March 7, 2024 (the “Effective Date”), is entered into by and among ASTRA SPACE, INC., a Delaware corporation (“Astra”), each of the Subsidiaries of Astra (together with Astra, collectively, the “Note Parties”), and each of the Holders (together with their successors and assigns, each individually, a “Holder” and collectively, the “Holders”). Capitalized terms used, but not otherwise defined, in this Agreement have the meanings ascribed thereto in the Notes, the Warrants or the Purchase Agreement, as applicable (each as defined below).

SECOND AMENDMENT
Second Amendment • August 13th, 1997 • Tetra Tech Inc • Services-engineering services
Second Amendment Dated as of May 25, 2010 to Second Amended and Restated Receivables Sale Agreement Dated as of June 25, 2009
Second Amendment • October 11th, 2011 • Ipalco Enterprises, Inc. • Electric services • Illinois

This Second Amendment (the “Amendment”), dated as of May 25, 2010, is entered into among IPL Funding Corporation (the “Seller”), Indianapolis Power & Light Company (the “Collection Agent”), Windmill Funding Corporation, a Delaware corporation (“Windmill”), the Liquidity Provider listed on the signature page hereof (the “Liquidity Provider”) and The Royal Bank of Scotland plc, as agent for Windmill and the Liquidity Provider (the “Agent”).

SECOND AMENDMENT TO CREDIT AGREEMENT
Second Amendment • March 30th, 2021 • Obalon Therapeutics Inc • Surgical & medical instruments & apparatus

This Second Amendment (this “Second Amendment”), dated as of September 14, 2020, is entered into by and among ReShape Lifesciences Inc., a Delaware corporation (the “Borrower”), and Armistice Capital Master Fund Ltd. (the “Lender”).

Mettler-Toledo International Inc. Second Amendment Dated as of December 23, 2021 to Note Purchase Agreement Dated as of March 31, 2015 €125,000,000 1.47% Senior Notes due June 17, 2030
Second Amendment • December 29th, 2021 • Mettler Toledo International Inc/ • Laboratory analytical instruments • New York

This Second Amendment dated as of December 23, 2021 (this “Second Amendment”) is by and among Mettler-Toledo International Inc., a Delaware corporation (the “Company”), and each of the holders of the Original Notes (as hereinafter defined) (together with their successors and assigns, the “Noteholders”) that are signatories hereto.

SERVICE AGREEMENT
Second Amendment • February 23rd, 2015 • Principal Life Insurance Co Separate Account B

The parties have previously entered into the Agreement and have now agreed to amend the Agreement by the terms of this Second Amendment (this "Second Amendment").

SECOND AMENDMENT
Second Amendment • January 9th, 2018 • Evolus, Inc. • Pharmaceutical preparations

This SECOND AMENDMENT (“Second Amendment”) is effective as of July 15, 2014 (“Second Amendment Effective Date”), by and between Daewoong Pharmaceutical Co., Ltd. (“DAEWOONG”) and Evolus Inc. (“EVOLUS”), and amends that certain License & Supply Agreement between the Parties dated September 30, 2013, as amended by that certain First Amendment dated on February 26, 2014 (the “Original Agreement”).

SECOND AMENDMENT
Second Amendment • March 20th, 2013 • McGraw-Hill Companies Inc • Services-consumer credit reporting, collection agencies • New York

SECOND AMENDMENT, dated as of November 2, 2012 (this “Second Amendment”), to the Three-Year Credit Agreement, dated as of July 30, 2010 (as amended prior to the date hereof, the “Credit Agreement”), among THE McGRAW-HILL COMPANIES, INC. ( the “Borrower”), STANDARD & POOR’S FINANCIAL SERVICES LLC, as a Loan Guarantor (the “Loan Guarantor”), the lenders from time to time parties thereto (the “Lenders”), the Syndication Agent and the Documentation Agents parties thereto and JPMORGAN CHASE BANK, N.A., as administrative agent (the “Administrative Agent”).

Contract
Second Amendment • February 2nd, 2024 • Aditxt, Inc. • Pharmaceutical preparations

THIS SECOND AMENDMENT, dated as of January 30, 2024 (this “Amendment”), to that certain Agreement and Plan of Merger dated as of December 11, 2023 (as amended hereby and by that First Amendment dated January 8, 2024, the “Merger Agreement”; and all defined terms used herein that are not otherwise defined herein shall have the meanings set forth in the Merger Agreement), is entered into by and among Aditxt, Inc., a Delaware corporation (“Parent”), Adicure, Inc., a Delaware corporation (“Merger Sub”) and Evofem Biosciences, Inc., a Delaware corporation (the “Company”, and, together with Parent and Merger Sub, the “Parties” and each, a “Party”).

CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY [***], HAS BEEN OMITTED BECAUSE IT IS NOT MATERIAL AND WOULD LIKELY CAUSE COMPETITIVE HARM TO SIGILON THERAPEUTICS, INC. IF PUBLICLY DISCLOSED. Massachusetts Institute of...
Second Amendment • November 13th, 2020 • Sigilon Therapeutics, Inc. • Pharmaceutical preparations

This Second Amendment (“Second Amendment)”, effective as of August 9, 2018 (the “Second Amendment Effective Date”) is made by and between the Massachusetts Institute of Technology, a nonprofit research institution having a principal address at 77 Massachusetts Avenue, Cambridge, MA 02139 (“MIT”) and Sigilon Therapeutics, Inc. (fka Sigilon, Inc.) a Delaware corporation, having a principal address at 100 Binney Street, Cambridge, MA 02142 (“COMPANY”‘) (each individually a “Party” and collectively the “Parties”), and amends that certain Exclusive Patent License Agreement between the Parties dated as of February 8, 2016, as previously amended by the First Amendment dated February 2, 2017 (collectively, the “License Agreement”). Capitalized terms used herein without definition shall have the meaning given such terms in the License Agreement.

LIMITED WAIVER AND CONSENT TO SENIOR SECURED CONVERTIBLE NOTES AND COMMON STOCK PURCHASE WARRANT AND REAFFIRMATION OF TRANSACTION DOCUMENTS
Second Amendment • March 12th, 2024 • Astra Space, Inc. • Transportation services

This LIMITED WAIVER AND CONSENT TO SENIOR SECURED CONVERTIBLE NOTES AND COMMON STOCK PURCHASE WARRANT AND REAFFIRMATION OF TRANSACTION DOCUMENTS (this “Agreement”), dated as of March 7, 2024 (the “Effective Date”), is entered into by and among ASTRA SPACE, INC., a Delaware corporation (“Astra”), each of the Subsidiaries of Astra (together with Astra, collectively, the “Note Parties”), and each of the Holders (together with their successors and assigns, each individually, a “Holder” and collectively, the “Holders”). Capitalized terms used, but not otherwise defined, in this Agreement have the meanings ascribed thereto in the Notes, the Warrants or the Purchase Agreement, as applicable (each as defined below).

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SECOND AMENDMENT
Second Amendment • January 3rd, 2006 • Biodelivery Sciences International Inc • Pharmaceutical preparations

This Second Amendment (this “Amendment”), dated as of December 28, 2005, is entered into by and between BIODELIVERY SCIENCES INTERNATIONAL, INC., a Delaware corporation (the “Company”), and LAURUS MASTER FUND, LTD., a Cayman Islands company (“Laurus”), for the purpose of amending the terms of the Secured Convertible Term Note, dated May 31, 2005 (as amended, modified or supplemented from time to time, the ”Term Note”), which Term Note was issued by the Company to Laurus pursuant to that certain Securities Purchase Agreement dated as of May 31, 2005 (as amended, modified or supplemented, the “Purchase Agreement”) and the Related Agreements (as such term is defined in the Purchase Agreement). Capitalized terms used herein without definition shall have the meanings ascribed to such terms in the Term Note.

Second Amendment to Executive Letter of Appointment
Second Amendment • February 25th, 2014 • Lightlake Therapeutics Inc. • Metal mining • New York

This Second Amendment to the Executive Letter of Appointment by and between Lightlake Therapeutics Inc. (the “Company”) and Kevin Pollack, Esq. (the “Employee”) (collectively, the “Parties”) dated November 26, 2012 (the “Letter”), and amended on December 31, 2012, is entered into by and between the Company and Employee effective as of December 31, 2013 (the “Second Amendment”).

SECOND AMENDMENT
Second Amendment • February 28th, 2007 • Traffix Inc • Services-business services, nec

AGREEMENT, made this day of January, 2006, entered into between GLORIOUS SUN ROBERT MARTIN, L.L.C., New York limited liability company, having an office at c/o Mack-Cali Realty Corporation, 100 Clearbrook Road, Elmsford, New York 10523 (herein referred to as "Landlord"), and TRAFFIX, INC. (formerly known as Quintel Communications, Inc., which was formerly known as Quintel Entertainment, Inc.), a Delaware corporation, having its principal place of business at One Blue Hill Plaza, Pearl River, New York 10965.

Certain information has been excluded from the Second Amendment on the following pages because (i) it is not material and (ii) would be competitively harmful if publicly disclosed. Second Amendment to Master Services Agreement For AlphaMark Investment...
Second Amendment • December 21st, 2020 • AlphaMark Investment Trust

This Second Amendment, dated as of March 1, 2020, amends and revises the Master Services Agreement dated May 29, 2018, as previously amended on January 1, 2020 (the “Agreement”) between AlphaMark Investment Trust (the “Trust”), an Ohio business trust and Ultimus Fund Solutions, LLC (“Ultimus”), an Ohio limited liability company (collectively the “Parties”).

SECOND AMENDMENT
Second Amendment • March 15th, 2004 • Radian Group Inc • Surety insurance • New York

SECOND AMENDMENT (this “Amendment”), dated as of March 27, 2003, among RADIAN REINSURANCE INC. (f/k/a Enhance Reinsurance Company), a New York stock insurance company (the “Borrower”), the Banks from time to time party to the Credit Agreement referred to below, and DEUTSCHE BANK AG NEW YORK BRANCH, as Agent. Unless otherwise defined herein, capitalized terms used herein and defined in the Credit Agreement are used herein as therein defined.

Second Amendment to Loan Documents
Second Amendment • May 18th, 2007 • Municipal Mortgage & Equity LLC • Real estate • New York

This Second Amendment (this “Amendment”) is entered into as of May 14, 2007, by and among MuniMae TEI Holdings, LLC, a Maryland limited liability company, MMA Construction Finance, LLC, a Maryland limited liability company, and MMA Mortgage Investment Corporation, a Florida corporation (formerly known as Midland Mortgage Investment Corporation) (each, individually, a “Borrower,” and, collectively, the “Borrowers”), Municipal Mortgage & Equity, LLC, a Delaware limited liability company (the “Guarantor”), Bank of America, N.A., a national banking association (the “Administrative Agent”), and the lenders party to the Credit Agreement (defined below) from time to time (the “Lenders”).

SECOND AMENDMENT
Second Amendment • October 26th, 2005 • Ikon Office Solutions Inc • Wholesale-computers & peripheral equipment & software • New York

THIS SECOND AMENDMENT (this “Amendment”), is made and entered into as of this 20th day of October, 2005, with an effective date as set forth in Section 3 hereof, by and among IKON OFFICE SOLUTIONS, INC., an Ohio corporation (the “US Borrower”), IKON OFFICE SOLUTIONS GROUP PLC (Company number 2803484), a company organized under the laws of England and Wales (the “UK Borrower” and, collectively with the US Borrower, the “Borrowers”), the Domestic Subsidiaries of the US Borrower listed on the signature pages hereto (the “Guarantors”), the Lenders party to the Credit Agreement referred to below (the “Lenders”), WACHOVIA BANK, NATIONAL ASSOCIATION, as Administrative Agent for the Lenders (the “Administrative Agent”), DEUTSCHE BANK SECURITIES INC., as Syndication Agent, PNC BANK NATIONAL ASSOCIATION, as Syndication Agent, GENERAL ELECTRIC CAPITAL CORPORATION, as Documentation Agent and THE ROYAL BANK OF SCOTLAND PLC, as Documentation Agent.

SECOND AMENDMENT TO LEASE
Second Amendment • October 11th, 2005 • Iomai Corp • Pharmaceutical preparations

This Second Amendment (the “Second Amendment”) to Lease is made as of April 14, 2003, by and between ARE-20/22/1300 FIRSTFIELD QUINCE ORCHARD, LLC, a Delaware limited liability company, having an address at 135 North Los Robles Avenue, Suite 250, Pasadena, California 91101 (“Landlord”), and IOMAI CORPORATION, a Delaware corporation, having an address at 20 Firstfield Road, Gaithersburg, Maryland 20878 (“Tenant”).

SECOND AMENDMENT
Second Amendment • August 15th, 2005 • Aames Investment Corp • Real estate investment trusts

THIS SECOND AMENDMENT (the “Amendment”) is made and entered into as of July 29, 2005, by and between EOP-TWO CALIFORNIA PLAZA, L.L.C., a Delaware limited liability company (“Landlord”) and AAMES FINANCIAL CORPORATION, a California corporation (“Tenant”).

SECOND AMENDMENT (1741 TECHNOLOGY – CONCOURSE V)
Second Amendment • December 3rd, 2020 • Nutanix, Inc. • Services-prepackaged software

THIS SECOND AMENDMENT (this "Amendment") is made and entered into as of November 23, 2020, by and between HUDSON CONCOURSE, LLC, a Delaware limited liability company ("Landlord") and NUTANIX, INC., a Delaware corporation ("Tenant").

SECOND AMENDMENT
Second Amendment • August 4th, 2009 • Combinatorx, Inc • Pharmaceutical preparations

THIS SECOND AMENDMENT (the “Second Amendment”) is made and entered into as of July 6, 2009 by and between MA-RIVERVIEW/245 FIRST STREET, L.L.C., a Delaware limited liability company (“Landlord”) and COMBINATORX, INCORPORATED, a Delaware corporation (“Tenant”).

SECOND AMENDMENT
Second Amendment • December 15th, 2009 • GigOptix, Inc. • Semiconductors & related devices

THIS SECOND AMENDMENT (this “Amendment”) is made and entered into as of December 9, 2009, by and between EOP-EMBARCADERO PLACE, L.L.C., a Delaware limited liability company (“Landlord”), and GIGOPTIX, INC., a Delaware corporation (“Tenant”).

SECOND AMENDMENT
Second Amendment • September 13th, 2007 • Compass Diversified Holdings • Services-help supply services • New York

THIS SECOND AMENDMENT (“Second Amendment”) effective as of September 14, 2007, to the Amended and Restated Trust Agreement, as amended (“Agreement”) of Compass Diversified Trust, a Delaware statutory trust (the “Trust”), effective as of April 25, 2006, the effective date of the Agreement, by and among COMPASS GROUP DIVERSIFIED HOLDINGS LLC, a Delaware limited liability company (the “Sponsor”), THE BANK OF NEW YORK (DELAWARE), a Delaware banking corporation, as Delaware trustee (in such capacity, the “Delaware Trustee”), and MR. ALAN B. OFFENBERG and MR. JAMES J. BOTTIGLIERI, as the regular trustees (each a “Regular Trustee”, together “Regular Trustees” and, collectively with the Delaware Trustee, the “Trustees”).

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