Second Modification Agreement Sample Contracts

iPic Entertainment Inc. – Second Modification Agreement (August 9th, 2018)

THIS SECOND MODIFICATION AGREEMENT, (this "Agreement"), made as of June 29, 2018 (the "Effective Date"), by and among IPIC-GOLD CLASS ENTERTAINMENT LLC, a Delaware limited liability company (the "Borrower"), IPIC GOLD CLASS HOLDINGS LLC, a Delaware limited liability company ("Holdings"), IPIC TEXAS, LLC, a Texas limited liability company ("IPIC Texas"), IPIC MEDIA, LLC, a Florida limited liability company ("IPIC Media"), DELRAY BEACH HOLDINGS, LLC, a Florida limited liability company ("DB Holdings"), BAY COLONY REALTY, LLC, a Florida limited liability company ("Bay Colony", together with Borrower, Holdings, IPIC Texas, IPIC Media and DB Holdings, collectively, the "Borrower Parties") and THE TEACHERS' RETIREMENT SYSTEM OF ALABAMA, a body corporate of the State of Alabama created under Section 16-25-1 et. seq., Code of Alabama (1975), as amended (the "TRS"), and THE EMPLOYEES' RETIREMENT SYSTEM OF ALABAMA, a body corporate of the State of Alabama created under Section 36-27-1 et. seq.,

Second Modification Agreement (July 3rd, 2018)

THIS SECOND MODIFICATION AGREEMENT (this "Agreement") is made as of June 27, 2018, by and among RIF I - DON JULIAN, LLC, a California limited liability company ("RIF I - Don Julian, LLC"), RIF I - LEWIS ROAD, LLC, a California limited liability company ("RIF I - Lewis Road, LLC"), RIF I - OXNARD, LLC, a California limited liability company ("RIF I - Oxnard, LLC"), RIF I - WALNUT, LLC, a California limited liability company ("RIF I - Walnut, LLC"), REXFORD BUSINESS CENTER - FULLERTON, LLC, a California limited liability company ("Rexford Business Center - Fullerton, LLC"), RIF III - IRWINDALE, LLC, a California limited liability company ("RIF III - Irwindale, LLC"), and REXFORD INDUSTRIAL - MADERA INDUSTRIAL, LLC, a Delaware limited liability company ("Rexford Industrial - Madera Industrial, LLC" and, together with RIF I - Don Julian, LLC, RIF I - Lewis Road, LLC, RIF I - Oxnard, LLC, RIF I - Walnut, LLC, Rexford Business Center - Fullerton, LLC, and RIF III - Irwindale, LLC, hereinaft

SECOND MODIFICATION AGREEMENT (Extension) (May 1st, 2018)

THIS SECOND MODIFICATION AGREEMENT (this "Agreement"), effective as of the 30th day of April 2018, is by and between ACCESS NATIONAL BANK, a national banking association (the "Bank"); and WIDEPOINT CORPORATION, a Delaware corporation, WIDEPOINT INTEGRATED SOLUTIONS CORP., a Virginia corporation, WIDEPOINT CYBERSECURITY SOLUTIONS CORPORATION, a Virginia corporation, WIDEPOINT SOLUTIONS CORP., a Delaware corporation, and WIDEPOINT IL, INC., an Illinois corporation (hereinafter individually and collectively called the "Borrower").

KBS Real Estate Investment Trust II, Inc. – Second Modification Agreement (November 8th, 2016)

THIS SECOND MODIFICATION AGREEMENT (this "Agreement"), dated as of September 23, 2016, is made and entered into by and among KBSII 445 SOUTH FIGUEROA, LLC, a Delaware limited liability company ("Borrower"), the "Lenders" from time to time a party to the Loan Agreement referenced below ("Lenders"), and WELLS FARGO BANK, NATIONAL ASSOCIATION ("Wells Fargo") as contractual representative of the Lenders (in such capacity, the "Administrative Agent"). The date of this Agreement is for reference purposes only. The effective date of this Agreement shall be the Effective Date (defined herein).

Cole Office & Industrial REIT (CCIT II), Inc. – Second Modification Agreement (March 24th, 2016)

For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Borrower, Administrative Agent and the Lenders agree as follows:

Second Modification Agreement (December 23rd, 2015)

This SECOND MODIFICATION AGREEMENT (this Agreement) is made as of December , 2015, by and among (i) CENTURY COMMUNITIES, INC., a Delaware corporation (Borrower), (ii) the undersigned Guarantors, (iii) the undersigned Lenders, and (iv) TEXAS CAPITAL BANK, NATIONAL ASSOCIATION, a national banking association, as Administrative Agent (Administrative Agent).

Second Modification Agreement (November 16th, 2015)

THIS SECOND MODIFICATION AGREEMENT dated as of October 30, 2015 (this "Agreement"), is entered into by and among BENTON PROPERTY HOLDINGS, LLC, a Georgia limited liability company ("Borrower 1"), PARK HERITAGE PROPERTY HOLDINGS, LLC, a Georgia limited liability company ("Borrower 2"), and VALLEY RIVER PROPERTY HOLDINGS, LLC, a Georgia limited liability company ("Borrower 3") (collectively, the "Borrowers"), ADCARE HEALTH SYSTEMS, INC., a Georgia corporation ("AdCare"), BENTON NURSING, LLC, PARK HERITAGE NURSING, LLC, and VALLEY RIVER NURSING, LLC, each a Georgia limited liability company (the "Operators") (AdCare and the Operators being sometimes referred to herein collectively as the "Guarantors") (the Borrower and the Guarantors being sometimes referred to herein collectively as the "Borrower/Guarantor Parties"), and THE PRIVATEBANK AND TRUST COMPANY, an Illinois banking corporation ("Lender").

Second Modification Agreement (August 10th, 2015)

Now, therefore, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

New Home Co Inc. – Second Modification Agreement (August 6th, 2015)

This Second Modification Agreement ("Agreement") is made as of May 7, 2015, by and between THE NEW HOME COMPANY INC., a Delaware corporation ("Borrower"), and U.S. BANK NATIONAL ASSOCIATION D/B/A HOUSING CAPITAL COMPANY, in its capacity as Administrative Agent (the "Administrative Agent"), for the benefit of Lenders under the Credit Agreement described below, LC Issuer, Swing Line Lender and a Lender.

Tri Pointe Homes Inc. Common S – Second Modification Agreement (May 21st, 2015)

This Second Modification Agreement ("Agreement") is made as of May 18, 2015, by and among TRI POINTE HOMES, INC., a Delaware corporation ("Borrower"), each lender from time to time party to the Credit Agreement described below (individually, a "Lender" and collectively, the "Lenders"), and U.S. BANK NATIONAL ASSOCIATION, a national banking association, d/b/a HOUSING CAPITAL COMPANY, as Administrative Agent for the Lenders (in such capacity, "Administrative Agent").

Hemiwedge Industries – Second Modification Agreement (April 16th, 2015)

This Second Modification Agreement (this Amendment) is dated effective as of October ___, 2014, by and among HII TECHNOLOGIES, INC., a Delaware corporation (HII), APACHE ENERGY SERVICES, LLC, a Nevada limited liability company (Apache Energy Services), AQUA HANDLING OF TEXAS, LLC, a Texas limited liability company (Aqua Handling), HAMILTON INVESTMENT GROUP, an Oklahoma corporation (HIG), KMHVC, INC., a Texas corporation (KMHVC; and with HII, Apache Energy Services, Aqua Handling and HIG, the Borrower), HEARTLAND BANK, an Arkansas state bank, as administrative agent (in such capacity, Agent) on behalf of the Lenders (as defined in the Credit Agreement).

Second Modification Agreement (December 30th, 2014)

THIS SECOND MODIFICATION AGREEMENT (this "Agreement"), effective as of the 23rd day of December 2014, is by and between UNITED BANK, a Virginia banking corporation (the "Bank"); and VERSAR, INC., a Delaware corporation, GEOMET TECHNOLOGIES, LLC, a Maryland limited liability company, VERSAR INTERNATIONAL, INC., a Delaware corporation, formerly known as VIAP, Inc., CHARRON CONSTRUCTION CONSULTING, INCORPORATED, a Virginia corporation, GEO-MARINE, INC., a Texas corporation and J.M. WALLER ASSOCIATES, INC., a Virginia corporation (individually and collectively, the "Borrower").

AeroCentury Corp. – Second Modification Agreement (November 14th, 2014)

This Second Modification Agreement (the "Agreement"), dated as of November 13, 2014, is entered into by and among AeroCentury Corp., a Delaware corporation (the "Borrower"), the several financial institutions party to the Loan Agreement (defined below) (each a "Lender" and collectively, "Lenders"), and Mufg Union Bank, N.A., formerly known as Union Bank, N.A. ("Union Bank"), for itself, as Lender and Swing Line Lender, and as agent for the Lenders and other financial institutions (if any) from time to time a party to the Loan Agreement (in such capacity, "Agent"), with reference to the following facts:

Second Modification Agreement (October 20th, 2014)

This SECOND MODIFICATION AGREEMENT (the Agreement) is made and entered into as of the 13th day of July, 2012 (the Effective Date), by and between PEAK RESORTS, INC., a Missouri corporation (Peak), MOUNT SNOW, LTD., a Vermont corporation (Mount Snow, and together with Peak, collectively, the Borrower) and EPT MOUNT SNOW, INC., a Delaware corporation (Lender).

Second Modification Agreement (December 9th, 2013)

THIS SECOND MODIFICATION AGREEMENT ("Agreement"), dated December 5, 2013, is entered into by and between (i) PREFERRED APARTMENT COMMUNITIES OPERATING PARTNERSHIP, L.P., a Delaware limited partnership ("Borrower"); (ii) PREFERRED APARTMENT COMMUNITIES, INC., a Maryland corporation ("PAC REIT"); (iii) the lenders from time to time party hereto (each a "Lender" and collectively, the "Lenders"); and (iv) KEYBANK NATIONAL ASSOCIATION, as administrative agent ("Administrative Agent").

Kennedy-Wilson Holdings Inc. – Second Modification Agreement (September 20th, 2013)

This Second Modification Agreement ("Agreement") is made as of September 19, 2013, by and among KENNEDY-WILSON, INC., a Delaware corporation ("Borrower"), U.S. BANK NATIONAL ASSOCIATION, a national banking association, as administrative agent, lead arranger and book manager ("Agent") under the Loan Agreement described below, U.S. BANK NATIONAL ASSOCIATION, a national banking association, as a Lender ("U.S. Bank National Association"), EAST-WEST BANK, a California banking corporation ("East-West Bank"), and THE GOVERNOR AND COMPANY OF THE BANK OF IRELAND ("Bank of Ireland"). As used in this Agreement, U.S. Bank National Association and East-West Bank, and any bank that becomes a party to the Loan Agreement in the future, shall collectively be referred to herein as "Lenders". As of the Effective Date (as defined below), Bank of Ireland shall be a Lender.

Cole Credit Property Trust Iv, Inc. – Second Modification Agreement (August 13th, 2013)

For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Borrower, Administrative Agent and Lenders agree as follows:

Second Modification Agreement (July 8th, 2013)

THIS SECOND MODIFICATION AGREEMENT dated as of December 28, 2012 (this Agreement), is entered into by and among LITTLE ROCK HC&R PROPERTY HOLDINGS, LLC, a Georgia limited liability company (the Borrower), ADCARE HEALTH SYSTEMS, INC., an Ohio corporation (AdCare), LITTLE ROCK HC&R NURSING, LLC, a Georgia limited liability company (the Operator) (AdCare and the Operator being sometimes referred to herein collectively as the Guarantors) (the Borrower and the Guarantors being sometimes referred to herein collectively as the Borrower/Guarantor Parties), and THE PRIVATEBANK AND TRUST COMPANY, an Illinois banking corporation (Lender).

Premier Exhibitions – Second Modification Agreement of Exhibition Tour Agreement Ex 2006b (February 27th, 2013)

Whereas, Premier Exhibitions, Inc. (Premier), Dr. Hongjin Sui (Dr. Sui) and Hoffen Global (H. K.) Limited (Hoffen Global) (collectively the Parties) entered into that certain Exhibition Tour Agreement on April 16, 2007 for the lease of human body specimens and human body parts known as EX2006B (hereafter the 2006B Contract) and,

Utah Medical Products, Inc. – Second Modification Agreement (December 10th, 2012)

For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Borrower and Lender agree as follows:

Cole Real Estate Income Strategy (Daily Nav), Inc. – Second Modification Agreement (November 9th, 2012)

For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Borrower, Administrative Agent and Lenders agree as follows:

Inland Real Estate Corporation – SECOND MODIFICATION AGREEMENT (Unsecured Loan) (August 7th, 2012)

THIS SECOND MODIFICATION AGREEMENT (the "Agreement") is entered into as of July 31st, 2012, but effective as of the Effective Date (defined below), by and between WELLS FARGO BANK, NATIONAL ASSOCIATION (collectively with its successors or assigns, "Lender"), and INLAND REAL ESTATE CORPORATION, a Maryland corporation ("Borrower").

J. Alexanders Cp – Second Modification Agreement (July 2nd, 2012)

THIS MODIFICATION AGREEMENT made and entered into as of this 27th day of June, 2012 the "Effective Date") by and among PINNACLE NATIONAL BANK ("Lender"), and J. ALEXANDER'S CORPORATION, a Tennessee corporation (hereinafter "Borrower").

Second Modification Agreement (June 19th, 2012)

This SECOND MODIFICATION AGREEMENT (the "Agreement") is made effective as of June 15, 2012, by and among FRANKLIN COVEY CO., a Utah corporation ("Borrower"), whose address is 2200 West Parkway Blvd., Salt Lake City, Utah 84119, each undersigned Guarantor, and JPMORGAN CHASE BANK, N.A., a national banking association ("Lender"), whose address is 201 South Main Street, Suite 300, Salt Lake City, Utah 84111.

FutureFuel Corp. – Second Modification Agreement (March 16th, 2011)

THIS SECOND MODIFICATION AGREEMENT (this "Agreement") is made and entered into so as to be effective as of March 14, 2010, by and between FUTUREFUEL CHEMICAL COMPANY, a Delaware corporation whose address or principal place of business is 2800 Gap Road, Batesville, Arkansas 72501 (hereinafter referred to as "Borrower") and REGIONS BANK, with an address at 8182 Maryland Ave., Suite 200, Clayton, Missouri 63105 (hereinafter referred to as "Bank").

Maui Land & Pineapple Company – SECOND MODIFICATION AGREEMENT AND WAIVER Secured Loan (March 14th, 2011)

THIS SECOND MODIFICATION AGREEMENT ("Agreement") dated as of December 22, 2010, is entered into by and among MAUI LAND & PINEAPPLE COMPANY, INC., a corporation formed under the laws of the State of Hawaii ("Borrower"), WELLS FARGO BANK, NATIONAL ASSOCIATION, as sole Lender signatory to the Loan Agreement (as defined below) ("Lender"), and WELLS FARGO BANK, NATIONAL ASSOCIATION ("Wells Fargo") as Administrative Agent under the Loan Agreement (in such capacity, the "Administrative Agent").

Second Modification Agreement (1299 Orleans) (March 4th, 2011)

This SECOND MODIFICATION AGREEMENT (1299 ORLEANS) (this Amendment), dated as of December 31, 2010 (the Amendment Date), is made by and between BNP PARIBAS LEASING CORPORATION (BNPPLC), a Delaware corporation, and NETAPP, INC. (NAI), a Delaware corporation which is a successor by merger to Network Appliance, Inc.

Second Modification Agreement (Building 7) (March 4th, 2011)

This SECOND MODIFICATION AGREEMENT (BUILDING 7) (this Amendment), dated as of December 31, 2010 (the Amendment Date), is made by and between BNP PARIBAS LEASING CORPORATION (BNPPLC), a Delaware corporation, and NETAPP, INC. (NAI), a Delaware corporation which is a successor by merger to Network Appliance, Inc.

Second Modification Agreement (Moffett Business Center) (March 4th, 2011)

This SECOND MODIFICATION AGREEMENT (MOFFETT BUSINESS CENTER) (this Amendment), dated as of December 31, 2010 (the Amendment Date), is made by and between BNP PARIBAS LEASING CORPORATION (BNPPLC), a Delaware corporation, and NETAPP, INC. (NAI), a Delaware corporation which is a successor by merger to Network Appliance, Inc.

RF Monolithics, Inc. – Second Modification Agreement (January 14th, 2011)

This Second Modification Agreement (this Agreement) is made and entered into effective as of the 30th day of November, 2010 (the Effective Date), by and among VIEWPOINT BANK, a federal savings bank (Lender), and RF MONOLITHICS, INC., a Delaware corporation (RF Mono), and CIRRONET INC., a Georgia corporation (Cirronet) (RF Mono and Cirronet together, sometimes Borrowers).

Second Modification Agreement (January 12th, 2011)

THIS SECOND MODIFICATION AGREEMENT (Agreement) is dated to be effective as of the 11th day of January, 2011 (Effective Date), by and between each of the undersigned Lenders (Lenders); MANUFACTURERS AND TRADERS TRUST COMPANY, a New York banking corporation in its capacity as Agent (Agent) for the Lenders; LECROY CORPORATION, a Delaware corporation (Borrower); CATALYST ENTERPRISES, INC., a California corporation, COMPUTER ACCESS TECHNOLOGY CORPORATION, a Delaware corporation, and LECROY LIGHTSPEED CORPORATION, a Delaware corporation (collectively, Guarantors, and together with the Borrower, collectively, Obligors).

SECOND MODIFICATION AGREEMENT Secured Loan (September 3rd, 2010)

THIS SECOND MODIFICATION AGREEMENT (Agreement) dated August 31, 2010 is entered into by and among SUNRISE PASADENA CA SENIOR LIVING, LLC, a California limited liability company (Pasadena Borrower), and SUNRISE PLEASANTON CA SENIOR LIVING, LP, a Delaware limited partnership (Pleasanton Borrower and together with Pasadena Borrower, Borrower), jointly and severally, and WELLS FARGO BANK, NATIONAL ASSOCIATION (Lender).

SECOND MODIFICATION AGREEMENT Secured Loan (September 3rd, 2010)

THIS SECOND MODIFICATION AGREEMENT (Agreement) dated August 31, 2010 is entered into by and between and WELLS FARGO BANK, NATIONAL ASSOCIATION (Administrative Agent), in its capacity as administrative agent for the benefit for the Lenders (each, a Lender and collectively, the Lenders) from time to time a party to the Loan Agreement (defined below), and SUNRISE MONTEREY SENIOR LIVING, LP, a Delaware limited partnership (Borrower).

Strategic Realty Trust, Inc. – Assumption and Second Modification Agreement (September 2nd, 2010)
FutureFuel Corp. – Second Modification Agreement (May 10th, 2010)

THIS SECOND MODIFICATION AGREEMENT (this "Agreement") is made and entered into so as to be effective as of March 14, 2010, by and between FUTUREFUEL CHEMICAL COMPANY, a Delaware corporation whose address or principal place of business is 2800 Gap Road, Batesville, Arkansas 72501 (hereinafter referred to as "Borrower") and REGIONS BANK, with an address at 8182 Maryland Ave., Suite 200, Clayton, Missouri 63105 (hereinafter referred to as "Bank").