Second Amendment Agreement Sample Contracts

Second Amendment Agreement (March 22nd, 2018)

SECOND AMENDMENT AGREEMENT dated as of March 21, 2018 (this Second Amendment) to the Second Amended and Restated Credit Agreement dated as of June 30, 2016 (as amended by the First Amendment, dated as of January 24, 2017, and as further amended, restated, amended and restated, supplemented or otherwise modified from time to time and immediately prior to the Second Amendment Effective Date (as defined below) (the Credit Agreement and as amended by this Second Amendment, the Amended Credit Agreement), among, inter alia, NRG Energy, Inc., a Delaware corporation (the Borrower), the Lenders from time to time parties thereto and Citicorp North America, Inc., as administrative agent (in such capacity and together with its successors, the Administrative Agent) and as collateral agent (in such capacity and together with its successors, the Collateral Agent).

Second Amendment Agreement (January 25th, 2018)

The Parties hereby agree, pursuant to Paragraph 7.2 and 7.3.3, that the Agreement is amended as follows and that all other terms and conditions remain the same.

Sysorex Global Holdings Corp. – Second Amendment Agreement (December 29th, 2017)

This SECOND AMENDMENT AGREEMENT (this "Agreement") is made and entered into as of December 29, 2017 ("Effective Date") by and between Inpixon, a Nevada corporation (the "Company"), and Hillair Capital Investments L.P. ("Hillair" or the "Holder", and together with Iliad Research, the "Holders"). This Agreement amends the remaining outstanding Debentures (as defined below) and the SPA (as defined below) in accordance with Section 5.5 of the SPA. In this Agreement, the Company and the Holder are sometimes referred to singularly as a "party" and collectively as the "parties". Capitalized terms not otherwise defined herein shall have the meanings set forth in the Debentures or the SPA.

Second Amendment Agreement (December 14th, 2017)

THIS SECOND AMENDMENT AGREEMENT, dated as of December 14, 2017 (this "Agreement"), among WESTAR ENERGY, INC., a Kansas corporation (the "Borrower"), KANSAS GAS AND ELECTRIC COMPANY, a Kansas corporation (the "Guarantor"), the several banks and other financial institutions or entities from time to time party to this Agreement (the "Lenders") and JPMORGAN CHASE BANK, N.A., as administrative agent (in such capacity, the "Administrative Agent").

Quanterix Corp – Second Amendment Agreement (November 9th, 2017)

This Agreement and Amendment No. 2 to the License Agreement (Second Amendment Agreement) is dated and effective as of August 22, 2017 (the Second Amendment Effective Date), and is made by and between the TRUSTEES OF TUFTS COLLEGE, a/k/a TUFTS UNIVERSITY, a Massachusetts non-profit educational corporation having offices at the Office of Technology Transfer and Industry Collaboration, Suite 75K-950, 136 Harrison Avenue, Boston, MA 02111 (TUFTS), and QUANTERIX CORPORATION (f/k/a Digital Genomics, Inc.), a Delaware corporation with a principal place of business at 113 Hartwell Avenue, Lexington, MA 02421 (LICENSEE). Each of LICENSEE and TUFTS may be referred to individually herein as a Party or collectively as the Parties.

Quanterix Corp – Second Amendment Agreement (August 31st, 2017)

This Agreement and Amendment No. 2 to the License Agreement (Second Amendment Agreement) is dated and effective as of August 22, 2017 (the Second Amendment Effective Date), and is made by and between the TRUSTEES OF TUFTS COLLEGE, a/k/a TUFTS UNIVERSITY, a Massachusetts non-profit educational corporation having offices at the Office of Technology Transfer and Industry Collaboration, Suite 75K-950, 136 Harrison Avenue, Boston, MA 02111 (TUFTS), and QUANTERIX CORPORATION (f/k/a Digital Genomics, Inc.), a Delaware corporation with a principal place of business at 113 Hartwell Avenue, Lexington, MA 02421 (LICENSEE). Each of LICENSEE and TUFTS may be referred to individually herein as a Party or collectively as the Parties.

PQ Group Holdings Inc. – Second Amendment Agreement (August 14th, 2017)

SECOND AMENDMENT AGREEMENT dated as of August 7, 2017 (this Second Amendment) to the Term Loan Credit Agreement dated as of May 4, 2016 (as amended by the First Amendment Agreement, dated as of November 14, 2016, and as further amended, restated, amended and restated, supplemented or otherwise modified from time to time and immediately prior to the Second Amendment Effective Date (as defined below), the Credit Agreement), among PQ Corporation, a Pennsylvania corporation (the Borrower), CPQ Midco I Corporation, a Delaware corporation (Holdings), the Guarantors, Citibank, N.A., as an Additional Term Lender (as defined below) and Credit Suisse AG, Cayman Islands Branch, as administrative agent (the Administrative Agent) and as collateral agent.

SIFCO Industries, Inc. – Second Amendment Agreement (August 9th, 2017)

WHEREAS, the Borrower, the Administrative Agent and the Lenders are parties to that certain Amended and Restated Credit and Security Agreement, dated as of November 9, 2016 (as amended and as the same may from time to time be further amended, restated or otherwise modified, the "Credit Agreement");

Jin Jie – SECOND AMENDMENT AGREEMENT TO SHARE PURCHASE AGREEMENT DATED AS OF JUNE 29, 2017 THIS "SECOND AMENDMENT" Is Made and Entered Into as of July 31, 2017 by and Among (August 4th, 2017)

PRONTO VERDE A.G., incorporated and existing under the laws of Switzerland, having its registered office at Bahnhofplatz, 3, 6460 - Aurdorf (UR), Switzerland, enrolled in the register of the companies with no. CHE - 101.957.390, represented by Mr. Giovanni Di Vincenzo, born in Rome, on February 15th, 1948, acting as chief executive officer of the company, duly empowered for the purposes hereof (hereinafter referred to as the "SELLER")

Co-Diagnostics, Inc. – Second Amendment Agreement (July 10th, 2017)

This SECOND AMENDMENT AGREEMENT, dated as of July 10, 2017 (the "Second Amendment"), is made by and among CO-DIAGNOSTICS, INC., a Utah corporation (and together with all of its current and future, direct and/or indirect, wholly owned and/or partially owned Subsidiaries, collectively, the "Company") and each purchaser identified on the signature pages hereto (the "Purchasers" and each a "Purchaser"). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings set forth in the Securities Purchase Agreement (as defined below),

Second Amendment Agreement to Hill International, Inc. Credit Agreement (May 11th, 2017)

This Credit Agreement, dated as of September 26, 2014 (the date hereof), is entered into among HILL INTERNATIONAL, INC., a Delaware corporation (the Borrower), the U.S. Loan Parties signatory hereto, the lenders signatory hereto, SOCIETE GENERALE, as administrative agent and collateral agent for the Term Loan Lenders, U.S. Revolving Credit Lenders and the L/C issuers (in such capacities, the Administrative Agent, the Term Collateral Agent and the U.S. Revolver Collateral Agent) and TD BANK, N.A., as syndication agent (the Syndication Agent).

Second Amendment Agreement to Hill International N.V. Credit Agreement (May 11th, 2017)

This Credit Agreement, dated as of September 26, 2014 (the date hereof), is entered into among HILL INTERNATIONAL N.V., a Dutch public company limited by shares (the Borrower), HILL INTERNATIONAL, INC., a Delaware corporation (the Parent), the International Loan Parties signatory hereto, the lenders signatory hereto, and SOCIETE GENERALE, as administrative agent and international collateral agent for the Lenders and the L/C issuers (in such capacities, the Administrative Agent and the International Collateral Agent).

General Maritime Corp – Second Amendment Agreement to Facility Agreement (May 9th, 2017)

SECOND AMENDMENT AGREEMENT TO FACILITY AGREEMENT (this "Second Amendment Agreement"), dated March 24, 2017 by and among GENER8 MARITIME SUBSIDIARY VIII INC., a Marshall Islands corporation (the "Borrower"), the Owner Guarantors and Hedge Guarantors hereto, GENER8 MARITIME, INC., a Marshall Islands corporation (the "Parent Guarantor"), the Lenders party hereto from time to time, THE EXPORT-IMPORT BANK OF KOREA (the "KEXIM"), CITIBANK, N.A., LONDON BRANCH (the "ECA Agent") and NORDEA BANK AB (PUBL), NEW YORK BRANCH ("Nordea"), as Facility Agent (in such capacity, the "Facility Agent") and as Security Agent under the Security Documents (in such capacity, the "Security Agent"). Unless otherwise indicated, all capitalized terms used herein and not otherwise defined shall have the respective meanings provided such terms in the Facility Agreement referred to below.

Second Amendment Agreement (May 5th, 2017)

This SECOND AMENDMENT AGREEMENT, dated as of April 21, 2017 (this "Agreement"), is made by and among Illinois Power Marketing Company, an Illinois corporation (the "Applicant"), and MUFG Union Bank, N.A. (formerly known as Union Bank, N.A.) (together with its successors and assigns, the "Bank").

Second Amendment Agreement (May 1st, 2017)

WHEREAS, the Borrower, the Administrative Agent and the Lenders are parties to that certain Credit and Security Agreement, dated as of September 9, 2015 (as amended as the same may from time to time be further amended, restated or otherwise modified, the "Credit Agreement");

Kemet Corp. – Second Amendment Agreement (April 20th, 2017)

This Second Amendment Agreement (this "Second Amendment"), dated as of April 14, 2017 (the "Signing Date"), is entered into by and among NEC TOKIN Corporation, a corporation organized and established under the Laws of Japan, having its principal place of business at 7-1, Kohriyama 6-chome, Taihaku-ku, Sendai-shi, Miyagi 982-8510, Japan ("Seller"), NTJ Holdings 1 Ltd., a corporation organized under the Laws of Japan, having its principal place of business at, 2-1-1, Marunouchi, Chiyoda-ku, Tokyo 100-0005, Japan ("Purchaser"), and Japan Industrial Partners, Inc. a corporation organized under the Laws of Japan, having its principal place of business at 2-1-1, Marunouchi, Chiyoda-ku, Tokyo 100-0005, Japan ("JIP").

Second Amendment Agreement (March 9th, 2017)

SECOND AMENDMENT AGREEMENT dated as of March 9, 2017 (this Agreement), among Olin Corporation, a Virginia corporation (the Company), Olin Canada ULC, an unlimited company amalgamated under the laws of Nova Scotia (the Canadian Borrower), Blue Cube Spinco Inc., a Delaware corporation (the Spinco Borrower and collectively with the Company and the Canadian Borrower, the Borrowers), the Existing Lenders referred to below who have delivered signature pages hereto and each financial institution identified on the signature pages hereto as a New Lender (collectively, the New Lenders) and Wells Fargo Bank, National Association, as administrative agent under the Existing Credit Agreement referred to below (in such capacity, the Administrative Agent).

Second Amendment Agreement (December 6th, 2016)

THIS SECOND AMENDMENT AGREEMENT (this "Agreement"), dated as of December 2, 2016, is entered into by and among TELEDYNE TECHNOLOGIES INCORPORATED, a Delaware corporation (the "Borrower"), the other Loan Parties party hereto, the Lenders and BANK OF AMERICA, N.A. as Administrative Agent. All capitalized terms used herein and not otherwise defined herein shall have the meanings given to such terms in the Restated Loan Agreement (as defined below).

Second Amendment Agreement (December 6th, 2016)

THIS SECOND AMENDMENT AGREEMENT (this "Agreement"), dated as of December 2, 2016, is entered into by and among TELEDYNE TECHNOLOGIES INCORPORATED, a Delaware corporation (the "Borrower"), the other Loan Parties party hereto, and U.S. BANK NATIONAL ASSOCIATION, in its capacity as the sole lender under the Existing Term Loan Agreement (the "Lender"), and as the administrative agent under the Existing Term Loan Agreement (in such capacity, the "Administrative Agent"). All capitalized terms used herein and not otherwise defined herein shall have the meanings given to such terms in the Restated Loan Agreement (as defined below).

Second Amendment Agreement (November 17th, 2016)

WHEREAS, the Borrower, the Administrative Agent and the Lenders are parties to that certain Credit and Security Agreement, dated as of October 30, 2015 (as amended and as the same may from time to time be further amended, restated or otherwise modified, the Credit Agreement);

Second Amendment Agreement (September 28th, 2016)

SECOND AMENDMENT AGREEMENT (this "Agreement") dated as of September 1, 2016, by and among United Natural Foods, Inc. ("UNFI"), Albert's Organics, Inc. ("Albert's" and together with UNFI, collectively, the "Borrowers"), Bank of America, N.A. ("Bank of America") and the other lenders party to the Loan Agreement (as defined below) (collectively, the "Lenders"), and Bank of America as administrative agent for the Lenders (in such capacity, the "Administrative Agent").

Second Amendment Agreement (September 20th, 2016)

This Second Amendment Agreement (the Agreement), dated as of September 16, 2016, is by and among Infinity Capital West, LLC (Infinity), a Colorado limited liability company, GC Finance Arizona LLC (FA), Infinitys wholly-owned subsidiary and a Delaware limited liability company, and General Cannabis Corp. (the Optionee), a Colorado corporation, collectively all being referred to as the Parties and each individually as the Party. This Agreement amends certain option agreement (the Option Agreement), dated as of November 4, 2015 by and among the Parties. In the event that any provisions of this Agreement conflict with the Option Agreement, the provisions of this Agreement shall prevail.

Vermont Pure Holdings, Ltd. – Second Amendment Agreement (September 14th, 2016)

SECOND AMENDMENT AGREEMENT (this "Amendment"), dated as of September 12, 2016 and effective as of the Amendment Effective Date, by and among Crystal Rock Holdings, Inc., formerly known as Vermont Pure Holdings, Ltd. ("Holdings"), Crystal Rock LLC ("Crystal Rock", and together with Holdings, collectively, the "Borrowers"), Bank of America, N.A. ("Bank of America") and the other lending institutions party to the Credit Agreement (as defined below) as lenders (together with Bank of America, collectively, the "Lenders"), and Bank of America, as administrative agent (the "Administrative Agent") for itself and the other Lenders with respect to that certain Second Amended and Restated Credit Agreement dated as of May 20, 2015 (as amended, supplemented or otherwise modified from time to time, the "Credit Agreement").

Mohegan Tribal Gaming Authority – Second Amendment Agreement (August 15th, 2016)

THIS SECOND AMENDMENT AGREEMENT, dated as of May 26, 2016 and effective as of the Amendment Effective Date (as defined below) (this "Agreement"), is entered into by and among the Lenders under the Loan Agreement (as defined below) signatory hereto (the "Consenting Lenders"), the MOHEGAN TRIBAL GAMING AUTHORITY (the "Borrower"), a governmental instrumentality of the Tribe (as defined below), THE MOHEGAN TRIBE OF INDIANS OF CONNECTICUT, a federally recognized Indian tribe and Native American sovereign nation (the "Tribe"), the other Loan Parties party hereto, and CITIZENS BANK, N.A. (f/k/a RBS CITIZENS, N.A.), as administrative agent (in such capacity, together with its successors and assigns in such capacity, the "Administrative Agent"). Unless otherwise defined herein or the context otherwise requires, capitalized terms used in this Agreement have the meanings provided in the Loan Agreement (as defined below).

[Signature Page to Second Amendment Agreement] (August 11th, 2016)

This TERM LOAN CREDIT AGREEMENT, dated as of September 1, 2015, among FIDELITY NATIONAL INFORMATION SERVICES, INC., a Georgia corporation (the Company), each lender from time to time party hereto (collectively, the Lenders and individually, a Lender) and BANK OF AMERICA, N.A., as Administrative Agent.

NorthStar Realty Europe Corp. – Second Amendment Agreement of 21 June 2016 to the Loan Agreement in the Amount of Up to EUR 330,000,000 (Originally Dated 25 September 2014 and Amended by an Amendment and Re-Statement Agreement Dated 20 July 2015) (August 5th, 2016)

Geschaftshaus am Gendarmenmarkt GmbH, c/o HauckSchuchardt, Niedenau 61-63, 60325 Frankfurt am Main, having its registered seat in Frankfurt am Main, registered in the commercial register of the local court of Frankfurt am Main under no. HRB 82647 (the "Borrower" or "GaG");

Affimed Therapeutics B.V. – Second Amendment Agreement Relating to the Facility Agreement Dated July 28, 2014 Between Affimed GmbH as Borrower and Affimed N.V. As Dutch Guarantor and Perceptive Credit Opportunities Fund, LP as Lender (March 30th, 2016)
Second Amendment Agreement (March 24th, 2016)
Bel Fuse Inc. – Second Amendment Agreement (March 22nd, 2016)

WHEREAS, the Borrower, the Administrative Agent and the Lenders are parties to that certain Credit and Security Agreement, dated June 19, 2014, as amended and restated as of June 30, 2014, that provides, among other things, for loans and letters of credit upon certain terms and conditions (as amended and as the same may from time to time be further amended, restated or otherwise modified, the "Credit Agreement");

Scorpio Tankers Inc – Second Amendment Agreement (March 18th, 2016)

SCORPIO TANKERS INC., a corporation incorporated in the Republic of the Marshall Islands whose registered office is at Trust Company Complex, Ajeltake Road, Ajeltake Island, Majuro, Marshall Islands and whose principal office is at 9, Boulevard Charles III, Monaco, 98000 (the "Borrower");

FS Investment Corp III – Second Amendment Agreement (March 11th, 2016)

AMENDMENT AGREEMENT (Amendment) dated as of October 21, 2015 to the Committed Facility Agreement dated as of October 17, 2014 between BNP Paribas Prime Brokerage, Inc. (BNPP PB, Inc.) and Burholme Funding LLC (Customer).

Second Amendment Agreement (February 25th, 2016)

This Second Amendment Agreement (this Amendment) is entered into this 18th day of December, 2015, by and among BENEFITFOCUS, INC., a Delaware corporation (the Parent), BENEFITFOCUS.COM, INC., a South Carolina corporation (Benefitfocus.com), BENEFIT INFORMATICS, INC., a Delaware corporation (Benefit Informatics), and BENEFITSTORE, INC., a South Carolina corporation (BenefitStore, and together with the Parent, Benefitfocus.com and Benefit Informatics, each individually, a Borrower, and collectively, the Borrowers), the several banks and other financial institutions or entities party hereto (each a Lender and, collectively, the Lenders), and SILICON VALLEY BANK, as administrative agent and collateral agent for the Lenders (in such capacity, the Administrative Agent).

Mercury Insurance Group – Second Amendment Agreement (February 24th, 2016)

THIS SECOND AMENDMENT AGREEMENT, dated as of February 23, 2016 (this "Amendment"), is among MERCURY CASUALTY COMPANY (the "Borrower"), MERCURY GENERAL CORPORATION ("Parent" and together with the Borrower, the "Loan Parties") and MUFG UNION BANK, N.A., formerly known as Union Bank, N.A., as lender ("Lender"). Terms defined in the Term Loan Agreement (as defined below) are, unless otherwise defined herein or the context otherwise requires, used herein as defined therein.

Moxian China, Inc. – Second Amendment Agreement to Subscription Agreement (December 22nd, 2015)

THIS SECOND AMENDMENT AGREEMENT TO SUBSCRIPTION AGREEMENT (this "Agreement") is made as of the 16th of December, 2015 by and between Moxian, Inc., a Nevada corporation (the "Company"), and Beijing Xinhua Huifeng Equity Investment Centre, a limited partnership formed under the laws of People's Republic of China ("Xinhua"). Each of the capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the Xinhua Subscription Agreement dated June 4, 2015 as defined below.

BeiGene, Ltd. – Second Amendment Agreement (December 9th, 2015)

This Second Amendment Agreement (this Amendment), effective as of December 3, 2015 (the Second Amendment Effective Date), is by and between BeiGene, LTD, a corporation organized under the laws of the Cayman Islands having an address of c/o Mourant Ozannes Corporate Services, (Cayman) Limited, 94 Solaris Avenue, PO Box 1348, Grand Cayman KY1-1108, Cayman Islands GB (BeiGene), and Merck KGaA, a corporation with general partners organized under German law having a place of business at Frankfurter Strasse 250, 64293 Darmstadt, Germany (Merck). BeiGene and Merck may be referred to herein as a Party or collectively as the Parties.