Second Loan Modification Agreement Sample Contracts

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EX-10.3 6 a2233387zex-10_3.htm EX-10.3 SECOND LOAN MODIFICATION AGREEMENT
Second Loan Modification Agreement • May 5th, 2020

This Second Loan Modification Agreement (“Agreement”) is made this day of September, 2013 to be effective the day of September, 2013 and is entered into at Indianapolis, Indiana, by and among The Huntington National Bank, a national banking association (“Lender”), with a principal mailing address of 45 North Pennsylvania Street, Suite 200, Indianapolis, Indiana 46204; Merchants Bancorp, an Indiana corporation (“Borrower”), with a principal mailing address of 11711 North Meridian Street, Suite 528, Carmel, Indiana 46032; and Providence Bank, a Missouri state banking corporation (“Providence Bank”), with a principal mailing address of 815 West Stadium Boulevard, Jefferson City, Missouri 65109.

SECOND LOAN MODIFICATION AGREEMENT
Second Loan Modification Agreement • August 15th, 2011 • Summit Hotel Properties, Inc. • Real estate investment trusts • Arizona

This SECOND LOAN MODIFICATION AGREEMENT (the “Modification”) is entered into as of August 12, 2011, by and between the lender(s) (“Lender”) listed on Exhibit A (the “Loan Schedule”) and the borrower, and pledgor listed on the Loan Schedule. References in this Modification to “Lender”, “Borrower”, and “Pledgor” shall be construed to mean and refer to each Lender, each Borrower, each Pledgor respectively, listed on the Loan Schedule.

NORTH CAROLINA DURHAM COUNTY SECOND LOAN MODIFICATION AGREEMENT
Second Loan Modification Agreement • March 27th, 2013

entered into this the day of , 2013 by and between THE CITY OF DURHAM whose mailing address is 101 City Hall Plaza, Durham, North Carolina 27701 (“the City”), and ROCKWOOD AH-1 LIMITED PARTNERSHIP whose mailing address is 1150-2 Executive Circle, Cary, North Carolina 27511 (“Borrower”)

SECOND LOAN MODIFICATION AGREEMENT
Second Loan Modification Agreement • March 12th, 2012 • Aerocentury Corp • Services-equipment rental & leasing, nec • California

This Second Loan Modification Agreement (the "Agreement"), dated as of March 8, 2012 and, provided the conditions precedent set forth in Section 4 hereof are satisfied, effective as of April 28, 2012, is entered into by and among AEROCENTURY CORP., a Delaware corporation (the "Borrower"), UNION BANK, N.A., together with CALIFORNIA BANK AND TRUST, UMPQUA BANK and U.S. BANK NATIONAL ASSOCIATION (collectively, the "Lenders" and individually, a "Lender") and UNION BANK, N.A., as Agent ("Agent") with reference to the following facts.

SECOND LOAN MODIFICATION AGREEMENT
Second Loan Modification Agreement • March 22nd, 2024 • Ibotta, Inc. • Services-advertising • California

This Second Loan Modification Agreement (this “Loan Modification Agreement”) is entered into as of December 15, 2023, by and among (a) SILICON VALLEY BANK, A DIVISION OF FIRST-CITIZENS BANK & TRUST COMPANY (“Bank”), and (b) IBOTTA, INC., a Delaware corporation, with its principal place of business at 1801 California Street, Suite 400, Denver, Colorado 80202 (“Borrower”).

SECOND LOAN MODIFICATION AGREEMENT
Second Loan Modification Agreement • March 15th, 2012 • SPIRE Corp • Semiconductors & related devices

This Second Loan Modification Agreement (this “Loan Modification Agreement”) is entered into as of November 8, 2011, by and among (a) SILICON VALLEY BANK, a California corporation, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at 275 Grove Street, Suite 2-200, Newton, Massachusetts 02466 (“Bank”) and (b) SPIRE CORPORATION, a Massachusetts corporation, with its principal place of business at One Patriots Park, Bedford, Massachusetts 01730 (“Spire Corporation”), SPIRE SOLAR, INC., a Massachusetts corporation, with its principal place of business at One Patriots Park, Bedford, Massachusetts 01730 (“Spire Solar”), SPIRE BIOMEDICAL, INC., a Massachusetts corporation, with its principal place of business at One Patriots Park, Bedford, Massachusetts 01730 (“Spire Biomedical”), and SPIRE SEMICONDUCTOR, LLC, a Delaware limited liability company, with its principal place of business at 25 Sagamore Park Road, Hud

SECOND LOAN MODIFICATION AGREEMENT
Second Loan Modification Agreement • March 18th, 2008 • Vertical Communications, Inc. • Services-prepackaged software

This Second Loan Modification Agreement (this “Loan Modification Agreement’) is made this 17th day of March, 2008, by and between SILICON VALLEY BANK, a California-chartered bank, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at One Newton Executive Park, Suite 200, 2221 Washington Street, Newton, Massachusetts 02462 (“Bank”) and VERTICAL COMMUNICATIONS, INC., a Delaware corporation with its principal place of business at One Memorial Drive, Cambridge, Massachusetts 02142, VERTICAL COMMUNICATIONS ACQUISITION CORP., a Delaware corporation with its principal place of business at One Memorial Drive, Cambridge, Massachusetts 02142, VODAVI TECHNOLOGY, INC., a Delaware corporation with its principal place of business at One Memorial Drive, Cambridge, Massachusetts 02142 and VODAVI COMMUNICATIONS SYSTEMS, INC., an Arizona corporation with its principal place of business at One Memorial Drive, Cambridge, Massa

SECOND LOAN MODIFICATION AGREEMENT (DOMESTIC LINE)
Second Loan Modification Agreement • November 17th, 2008 • American Science & Engineering Inc • X-ray apparatus & tubes & related irradiation apparatus

This Second Loan Modification Agreement (this “Loan Modification Agreement’) is entered into as of November 30, 2004, by and between SILICON VALLEY BANK, a California-chartered bank, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at One Newton Executive Park, Suite 200, 2221 Washington Street, Newton, Massachusetts 02462, doing business under the name “Silicon Valley East” (“Bank”) and AMERICAN SCIENCE AND ENGINEERING, INC, a Massachusetts corporation with its chief executive office located at 829 Middlesex Turnpike, Billerica, Massachusetts 01821 (“Borrower”).

SECOND LOAN MODIFICATION AGREEMENT
Second Loan Modification Agreement • February 4th, 2019 • Lifevantage Corp • Pharmaceutical preparations • Utah

This Second Loan Modification Agreement (the “Agreement”) is entered into as of February 1, 2019 (the “Effective Date”) by and between Zions Bancorporation, N.A., dba Zions First National Bank (“Lender”); LifeVantage Corporation, a Delaware corporation (“LifeVantage”), and Lifeline Nutraceuticals Corporation, a Colorado corporation (together with LifeVantage, the “Borrower”).

SECOND LOAN MODIFICATION AGREEMENT
Second Loan Modification Agreement • November 13th, 2003 • Viewlocity Inc • Services-prepackaged software

This Loan Modification Agreement is entered into as of September 26, 2003, by and between Viewlocity, Inc. (“Borrower”) whose address is 3475 Piedmont Road, Suite 1700, Atlanta, GA 30305, and Silicon Valley Bank (“Lender”) whose address is 3003 Tasman Drive, Santa Clara, CA 95054.

SECOND LOAN MODIFICATION AGREEMENT
Second Loan Modification Agreement • February 10th, 2005 • Voxware Inc • Services-computer integrated systems design

This Second Loan Modification Agreement (this “Loan Modification Agreement’) is entered into as of December 8, 2004, by and between SILICON VALLEY BANK, a California-chartered bank, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at One Newton Executive Park, Suite 200, 2221 Washington Street, Newton, Massachusetts 02462, doing business under the name “Silicon Valley East” (“Bank”) and VOXWARE, INC., a Delaware corporation with its chief executive office located at 168 Franklin Corner Road, Lawrenceville, New Jersey 08648 (“Borrower”).

SECOND LOAN MODIFICATION AGREEMENT
Second Loan Modification Agreement • July 28th, 2011 • Safeguard Scientifics Inc • Investors, nec

This Second Loan Modification Agreement (this “Loan Modification Agreement”) is entered into as of April 29, 2011, by and between (i) SILICON VALLEY BANK, a California corporation with a loan production office located at 100 Matsonford Road, Building 5, Suite 555, Radnor, Pennsylvania 19087 (“Bank”), (ii) SAFEGUARD SCIENTIFICS, INC., a Pennsylvania corporation (“SFE”), with offices located at 435 Devon Park Drive, Building 800, Wayne, Pennsylvania 19087, SAFEGUARD DELAWARE, INC., a Delaware corporation (“SDI”), SAFEGUARD SCIENTIFICS (DELAWARE), INC., a Delaware corporation (“SSI”), and SAFEGUARD DELAWARE II, INC., a Delaware corporation (“SDII”, and together with SFE, SDI, and SSI, individually and collectively, jointly and severally, the “Borrower”). each with offices located at 1105 N. Market St., Suite 1300, Wilmington, DE 19801.

SECOND LOAN MODIFICATION AGREEMENT
Second Loan Modification Agreement • March 24th, 2008 • Axs One Inc • Services-prepackaged software

This Second Loan Modification Agreement (this “Loan Modification Agreement”) is entered into as of March 18, 2008, by and between SILICON VALLEY BANK, a California corporation, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at One Newton Executive Park, Suite 200, 2221 Washington Street, Newton, Massachusetts 02462 (“Bank”) and AXS-ONE INC., a Delaware corporation with its chief executive office located at 301 Route 17 North, Rutherford, New Jersey 07070 (“Borrower”).

SECOND LOAN MODIFICATION AGREEMENT
Second Loan Modification Agreement • March 22nd, 2011 • World Energy Solutions, Inc. • Services-business services, nec

This Second Loan Modification Agreement (this “Loan Modification Agreement”) is entered into as of March 8, 2011, by and between (i) SILICON VALLEY BANK, a California corporation, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at 275 Grove Street, Suite 2-200, Newton, Massachusetts 02466 (“Bank”) and (ii) WORLD ENERGY SOLUTIONS, INC., a Delaware corporation with offices located at 446 Main Street, Worcester, Massachusetts 01608, and WORLD ENERGY SECURITIES CORP., a Massachusetts securities corporation with offices located at 446 Main Street, Worcester, Massachusetts 01608 (individually and collectively, jointly and severally, “Borrower”).

SECOND LOAN MODIFICATION AGREEMENT
Second Loan Modification Agreement • May 11th, 2007 • Technest Holdings Inc • Measuring & controlling devices, nec

This Second Loan Modification Agreement (this “Loan Modification Agreement”) is entered into as of ___April 3rd_____________, 2007, by and among (i) SILICON VALLEY BANK, a California corporation and with a loan production office located at One Newton Executive Park, Suite 200, 2221 Washington Street, Newton, Massachusetts 02462 (“Bank”), and (ii) TECHNEST HOLDINGS, INC., a Nevada corporation, with offices at 1 McKinley Sq., Fifth Floor, Boston, Massachusetts 02109 (“Technest”), E-OIR TECHNOLOGIES, INC., a Virginia corporation, with offices at 10300 Spotsylvania Ave., Suite 220, Fredericksburg, Virginia 22408 (“EOIR”), and GENEX TECHNOLOGIES INCORPORATED, a Maryland corporation, with offices at 10411 Motor City Drive, Suite 650, Bethesda, Maryland 20817 (“Genex”) (hereinafter, Technest, EOIR and Genex are jointly and severally, individually and collectively, referred to as “Borrower”).

SECOND LOAN MODIFICATION AGREEMENT
Second Loan Modification Agreement • March 3rd, 2014 • Aegerion Pharmaceuticals, Inc. • Pharmaceutical preparations

This Second Loan Modification Agreement (this “Loan Modification Agreement”) is entered into as of December 6, 2012, by and between SILICON VALLEY BANK, a California corporation, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at 275 Grove Street, Suite 2-200, Newton, Massachusetts 02466 (“Bank”) and AEGERION PHARMACEUTICALS, INC., a Delaware corporation with its chief executive office located at 101 Main Street, Suite 1850, Cambridge, Massachusetts 02142(“Borrower”).

SECOND LOAN MODIFICATION AGREEMENT
Second Loan Modification Agreement • November 6th, 2008 • Satcon Technology Corp • Semiconductors & related devices

This Second Loan Modification Agreement (this “Loan Modification Agreement”) is entered into as of the Second Loan Modification Effective Date by and between SILICON VALLEY BANK, a California corporation, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at One Newton Executive Park, Suite 200, 2221 Washington Street, Newton, Massachusetts 02462 (“Bank”) and (i) SATCON TECHNOLOGY CORPORATION, a Delaware corporation; SATCON POWER SYSTEMS, INC., a Delaware corporation; SATCON APPLIED TECHNOLOGY, INC., a Delaware corporation; SATCON ELECTRONICS, INC., a Delaware corporation, each with offices located at 27 Drydock Avenue, Boston, Massachusetts 02210; and (ii) SATCON POWER SYSTEMS CANADA LTD. (the “Canadian Borrower”), a corporation organized under the laws of the Province of Ontario, Canada with offices located at 835 Harrington Court, Burlington, Ontario L7N 3P3 (individually and collectively, jointly and se

SECOND LOAN MODIFICATION AGREEMENT
Second Loan Modification Agreement • March 16th, 2007 • Comstock Homebuilding Companies, Inc. • Operative builders • Virginia

THIS SECOND LOAN MODIFICATION AGREEMENT (this “Agreement” or this “Modification”) is made effective as of the 22nd day of November, 2006, by and among: COMSTOCK HOMEBUILDING COMPANIES, INC., a Delaware corporation (the “Borrower,” whether one or more) and BANK OF AMERICA, N.A., a national banking association, its successors and assigns (the “Lender”).

SECOND LOAN MODIFICATION AGREEMENT
Second Loan Modification Agreement • March 31st, 2023 • Molekule Group, Inc. • Industrial & commercial fans & blowers & air purifing equip

This Second Loan Modification Agreement (this “Loan Modification Agreement”) is entered into as of June 19, 2020, by and between SILICON VALLEY BANK, a California corporation, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at 505 Howard Street, 3rd Floor, San Francisco, California 94105 (“Bank”) and MOLEKULE, INC., a Delaware corporation whose address is 1184 Harrison Street, San Francisco, California 94103 (“Borrower”).

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SECOND LOAN MODIFICATION AGREEMENT
Second Loan Modification Agreement • March 7th, 2012 • Wageworks, Inc. • Services-business services, nec • California

THIS SECOND LOAN MODIFICATION AGREEMENT (this “Agreement”) is made and entered into as of February 14, 2012 by and among UNION BANK, N.A. (“Bank”), WAGEWORKS, INC., a Delaware corporation (“Borrower”) and MHM RESOURCES, LLC, a Delaware limited liability company (“Closing Date Guarantor”), with respect to the following facts:

SECOND LOAN MODIFICATION AGREEMENT
Second Loan Modification Agreement • December 14th, 2011 • Network Engines Inc • Services-prepackaged software

This Second Loan Modification Agreement (this “Loan Modification Agreement”) is entered into as of December 13, 2011, by and between SILICON VALLEY BANK, a California corporation, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at 275 Grove Street, Suite 2-200, Newton, Massachusetts 02466 (“Bank”) and NETWORK ENGINES, INC., a Delaware corporation with its chief executive office located at 25 Dan Road, Canton, Massachusetts 02021 (“Borrower”).

SECOND LOAN MODIFICATION AGREEMENT
Second Loan Modification Agreement • November 14th, 2005 • Stereotaxis, Inc. • Electromedical & electrotherapeutic apparatus

This Second Loan Modification Agreement (this “Loan Modification Agreement”) is entered into as of November 8, 2005, by and between SILICON VALLEY BANK, a California-chartered bank, with a loan production office located at 230 W. Monroe, Suite 720, Chicago, Illinois 60606 (“Bank”) and STEREOTAXIS, INC., a Delaware corporation with its chief executive office located at 4041 Forest Park Avenue, St. Louis, Missouri 63108 (“Borrower”).

SECOND LOAN MODIFICATION AGREEMENT
Second Loan Modification Agreement • February 15th, 2008 • Voxware Inc • Services-computer integrated systems design

This Second Loan Modification Agreement (this “Loan Modification Agreement”) is entered into as of February 13, 2008, but effective as of December 27, 2007, by and between SILICON VALLEY BANK, a California corporation, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at 100 Matsonford Road, Building 5, Suite 555, Radnor, Pennsylvania 19087 (“Bank”) and VOXWARE, INC., a Delaware corporation with its chief executive office located at 168 Franklin Corner Road, Lawrenceville, New Jersey 08648 (“Borrower”).

SECOND LOAN MODIFICATION AGREEMENT
Second Loan Modification Agreement • June 29th, 2007 • Caliper Life Sciences Inc • Laboratory analytical instruments

This Second Loan Modification Agreement (this “Loan Modification Agreement”) is entered into as of June 28, 2007, by and between SILICON VALLEY BANK, a California corporation, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at One Newton Executive Park, Suite 200, 2221 Washington Street, Newton, Massachusetts 02462 (“Bank”) and CALIPER LIFE SCIENCES, INC., a Delaware corporation (“Caliper”), NOVASCREEN BIOSCIENCES CORPORATION, a Maryland corporation (“Novascreen”), XENOGEN CORPORATION, a Delaware corporation (“Xenogen”), and XENOGEN BIOSCIENCES CORPORATION, an Ohio corporation (“Xenogen Biosciences”), each with its chief executive office at 68 Elm Street, Hopkinton, Massachusetts 01748 (jointly, severally, individually and collectively, “Borrower”).

PREPARED BY AND RETURN TO: Carolyn Clark Snipes Roberts & Stevens, P.A.
Second Loan Modification Agreement • April 5th, 2019
SECOND LOAN MODIFICATION AGREEMENT
Second Loan Modification Agreement • November 28th, 2005 • Satcon Technology Corp • Semiconductors & related devices

This Second Loan Modification Agreement (this “Loan Modification Agreement”) is entered into as of the 8th day of November 2005, by and between SILICON VALLEY BANK, a California-chartered bank, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at One Newton Executive Park, Suite 200, 2221 Washington Street, Newton, Massachusetts 02462, doing business under the name “Silicon Valley East” (“Bank”) and SATCON TECHNOLOGY CORPORATION, a Delaware corporation with offices located at 27 Drydock Avenue, Boston, Massachusetts 02210 (FAX 617-897-2401); SATCON POWER SYSTEMS, INC., Delaware corporation with offices located at 27 Drydock Avenue, Boston, Massachusetts 02210; SATCON APPLIED TECHNOLOGY, INC., a Delaware corporation with offices located at 27 Drydock Avenue, Boston, Massachusetts 02210; SATCON ELECTRONICS, INC., a Delaware corporation with offices located at 27 Drydock Avenue, Boston, Massachusetts 02210; a

SECOND LOAN MODIFICATION AGREEMENT
Second Loan Modification Agreement • March 1st, 2011 • Soundbite Communications Inc • Services-business services, nec

This Second Loan Modification Agreement (this “Loan Modification Agreement”) is entered into as of February 18, 2011, and is effective as of November 1, 2010, by and between SILICON VALLEY BANK, a California corporation, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at 275 Grove Street, Suite 2-200, Newton, Massachusetts 02466 (“Bank”) and SOUNDBITE COMMUNICATIONS, INC., a Delaware corporation, with its principal executive office located at 22 Crosby Drive, Bedford, Massachusetts 01730 (“Borrower”).

SECOND LOAN MODIFICATION AGREEMENT
Second Loan Modification Agreement • September 24th, 2013 • Sagent Pharmaceuticals, Inc. • Pharmaceutical preparations

This Second Loan Modification Agreement (this “Loan Modification Agreement”) is entered into as of September 23, 2013, by and among (a) SILICON VALLEY BANK, a California corporation, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at 230 West Monroe, Suite 720, Chicago, Illinois 60606 (“Bank”) and (b) (i) SAGENT PHARMACEUTICALS, INC., a Delaware corporation (“Sagent Delaware”) and (ii) SAGENT PHARMACEUTICALS, a Wyoming corporation (“Sagent Wyoming”; and together with Sagent Delaware, jointly and severally, individually and collectively, “Borrower”), each with a chief executive office located at 1901 North Roselle Road, Suite 700, Schaumburg, Illinois, 60195.

SECOND LOAN MODIFICATION AGREEMENT
Second Loan Modification Agreement • November 28th, 2006 • Datawatch Corp • Services-prepackaged software

This Second Loan Modification Agreement (this “Loan Modification Agreement”) is entered into as of November 27, 2006, by and between SILICON VALLEY BANK, a California corporation, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054, and with a loan production office located at One Newton Executive Park, Suite 200, 2221 Washington Street, Newton, Massachusetts 02462 (“Bank”) and DATAWATCH CORPORATION, a Delaware corporation, and DATAWATCH TECHNOLOGIES CORPORATION, a Delaware corporation, each with its chief executive office located at 271 Mill Road, Quorum Office Park, Chelmsford, Massachusetts 01824-4105 (individually, collectively, jointly and severally, “Borrower”).

SECOND LOAN MODIFICATION AGREEMENT
Second Loan Modification Agreement • February 2nd, 2012 • AtriCure, Inc. • Surgical & medical instruments & apparatus

This Second Loan Modification Agreement (this “Loan Modification Agreement”) is entered into and effective as of February 2, 2012 (the “Second Loan Modification Effective Date”), by and between SILICON VALLEY BANK, a California corporation, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at 380 Interlocken Crescent, Suite 600, Broomfield, Colorado 80021 (“Bank”) and ATRICURE, INC., a Delaware corporation with its chief executive office located at 6217 Centre Park Drive, West Chester, Ohio 45069 (“Borrower”).

SECOND LOAN MODIFICATION AGREEMENT
Second Loan Modification Agreement • August 8th, 2014 • Paycom Software, Inc. • Services-prepackaged software

THIS SECOND LOAN MODIFICATION AGREEMENT (“Agreement”) is made and entered into effective as of June 17, 2014 (the “Effective Date”), by and between KIRKPATRICK BANK, an Oklahoma banking (“Lender), and PAYCOM PAYROLL, LLC, a Delaware limited liability company (“Borrower”), with reference to the following:

SECOND LOAN MODIFICATION AGREEMENT
Second Loan Modification Agreement • November 3rd, 2016 • Paycom Software, Inc. • Services-prepackaged software

THIS SECOND LOAN MODIFICATION AGREEMENT (“Agreement”) is made and entered into effective as of August 2, 2016 (the “Effective Date”), by and between KIRKPATRICK BANK, an Oklahoma banking (“Lender), and PAYCOM PAYROLL, LLC, a Delaware limited liability company (“Borrower”), with reference to the following:

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