Second Modification Agreement Sample Contracts

RECITALS
Second Modification Agreement • April 6th, 2006 • Natural Gas Services Group Inc • Oil & gas field services, nec
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SECOND MODIFICATION AGREEMENT
Second Modification Agreement • March 17th, 2004 • Tampa Electric Co • Electric services

This SECOND MODIFICATION AGREEMENT (the “Second Modification”), dated as of March 9, 2004, is made by and among STATE STREET BANK AND TRUST COMPANY OF CONNECTICUT, National Association, a national banking association, solely as Trustee of TTC TRUST, LTD., a Connecticut statutory trust (the “Shipowner”), GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation, and OFS MARINE ONE, INC., a New York corporation (each an “Owner Participant” and collectively the “Owner Participants”), TECO OCEAN SHIPPING, INC. and TECO BARGE LINE, INC., each a Florida corporation (as demise charterers of the Vessels, each a “Charterer” and collectively, “Charterers”), TECO ENERGY, INC. and TECO TRANSPORT CORPORATION, each a Florida corporation (each a “Guarantor” and collectively the “Guarantors”; the Charterers and the Guarantors being hereinafter sometimes collectively referred to as the “Obligors”).

SECOND MODIFICATION AGREEMENT
Second Modification Agreement • March 16th, 2011 • FutureFuel Corp. • Industrial organic chemicals

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").

SECOND MODIFICATION AGREEMENT (Mt. Snow Development Loan)
Second Modification Agreement • October 20th, 2014 • Peak Resorts Inc • Hotels & motels • Missouri

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
Second Modification Agreement • January 12th, 2011 • Lecroy Corp • Instruments for meas & testing of electricity & elec signals • New York

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
Second Modification Agreement • April 2nd, 2007 • Evans & Sutherland Computer Corp • Miscellaneous electrical machinery, equipment & supplies

THIS SECOND MODIFICATION AGREEMENT (the “Agreement”) is made and entered into this 30 th day of March, 2007, by and between First Keystone Bank (the “Bank”), chartered under the Laws of the United States of America, having its principal office at 22 West State Street, Media, Pennsylvania, 19063, Spitz, Inc., a Delaware corporation (the “Borrower”), with an address of P.O. Box 198, Route 1, Chadds Ford, Pennsylvania, 19317, and Evans & Sutherland Computer Corporation, a Utah corporation (the “Guarantor”). The Bank, Borrower and Guarantor are sometimes herein referred to as a “Party” and collectively as the “Parties”.

SECOND MODIFICATION AGREEMENT (1299 ORLEANS)
Second Modification Agreement • March 4th, 2011 • NetApp, Inc. • Computer storage devices

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
Second Modification Agreement • August 9th, 2018 • iPic Entertainment Inc. • Retail-eating & drinking places

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 Secured Loan
Second Modification Agreement • March 31st, 2009 • Maui Land & Pineapple Co Inc • Canned, fruits, veg, preserves, jams & jellies

THIS SECOND MODIFICATION AGREEMENT (“Agreement”) dated as of March 3, 2009, is entered into by and among MAUI LAND & PINEAPPLE COMPANY, INC., a corporation formed under the laws of the State of Hawaii (“Borrower”), each of the financial institutions signatory to the Loan Agreement (as defined below) (“Lenders”), and WELLS FARGO BANK, NATIONAL ASSOCIATION (“Wells Fargo”) as Administrative Agent under the Loan Agreement (in such capacity, the “Administrative Agent”).

SECOND MODIFICATION AGREEMENT (Extension)
Second Modification Agreement • May 1st, 2018 • Widepoint Corp • Services-computer integrated systems design • Virginia

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").

RECITALS:
Second Modification Agreement • August 13th, 2007 • Last Mile Logistics Group, Inc. • Trucking & courier services (no air) • Maryland
SECOND MODIFICATION AGREEMENT
Second Modification Agreement • April 3rd, 2009 • Cas Medical Systems Inc • Surgical & medical instruments & apparatus • Connecticut

THIS SECOND MODIFICATION AGREEMENT, executed on April 3, 2009 effective March 31, 2009 by and between CAS MEDICAL SYSTEMS, INC., a Delaware corporation having its chief executive office at 44 East Industrial Road, Branford, Connecticut (the "Borrower") and NEWALLIANCE BANK, a Connecticut stock savings bank with a place of business at 195 Church Street, New Haven, Connecticut (the "Bank").

SECOND MODIFICATION AGREEMENT
Second Modification Agreement • March 30th, 2004 • Stratus Properties Inc • Land subdividers & developers (no cemeteries) • Texas

This SECOND MODIFICATION AGREEMENT (this "Agreement") dated as of December 29, 2003 to be effective as of January 31, 2004 by and between LANTANA OFFICE PROPERTIES I, L.P., a Texas limited partnership (formerly known as 7500 Rialto Boulevard, L.P.) ("Borrower") and COMERICA BANK ("Lender");

SECOND MODIFICATION AGREEMENT
Second Modification Agreement • October 6th, 2005 • Martek Biosciences Corp • Biological products, (no disgnostic substances) • Maryland

THIS SECOND MODIFICATION AGREEMENT (“AGREEMENT”) is made to be effective as of September 30, 2005, by and between MANUFACTURERS AND TRADERS TRUST COMPANY, as Administrative Agent (“ADMINISTRATIVE AGENT”); MANUFACTURERS AND TRADERS TRUST COMPANY (“M&T”), BANK OF AMERICA, N.A. (“BANK OF AMERICA”), SUNTRUST BANK (“SUNTRUST”), COMERICA BANK (“COMERICA”), FIFTH THIRD BANK (“FIFTH THIRD”), and CHEVY CHASE BANK (“CHEVY CHASE”); MARTEK BIOSCIENCES CORPORATION, a Delaware corporation (“BORROWER”); MARTEK BIOSCIENCES BOULDER CORPORATION (“MARTEK BOULDER”), a Delaware corporation; and MARTEK BIOSCIENCES KINGSTREE CORPORATION (“MARTEK KINGSTREE”), a Delaware corporation. Hereafter, M&T, BANK OF AMERICA, SUNTRUST, COMERICA, FIFTH THIRD, and CHEVY CHASE are collectively referred to as the “LENDERS”; MARTEK BOULDER and MARTEK KINGSTREE are collectively referred to as the “GUARANTORS”; the BORROWER and the GUARANTORS are collectively referred to as the “OBLIGORS”; and the ADMINISTRATIVE AGENT, the LEN

Contract
Second Modification Agreement • November 16th, 2015 • Adcare Health Systems, Inc • Services-skilled nursing care facilities • Arkansas
SECOND MODIFICATION AGREEMENT
Second Modification Agreement • December 9th, 2013 • Preferred Apartment Communities Inc • Real estate investment trusts • New York

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”).

SECOND MODIFICATION AGREEMENT
Second Modification Agreement • March 29th, 2021 • SPAR Group, Inc. • Services-business services, nec • New Jersey

THIS SECOND MODIFICATION AGREEMENT (this "Modification Agreement") is dated as of March 22, 2021 and will be effective as of April 1, 2021, by and among NORTH MILL CAPITAL LLC, a Delaware limited liability company, d/b/a SLR Business Credit ("Lender"), with a place of business at 821 Alexander Road, Suite 130, Princeton, New Jersey 08540, SPAR MARKETING FORCE, INC., a Nevada corporation ("US Borrower"), with its chief executive office located at 1910 Opdyke Court, Auburn Hills, Michigan 48326, and SPAR CANADA COMPANY, an unlimited company organized under the laws of Nova Scotia ("Canadian Borrower"), with its chief executive office located at 10 Planchet Road, Unit 21, Vaughan, Ontario L4K 2C8.

SECOND MODIFICATION AGREEMENT Secured Loan
Second Modification Agreement • June 15th, 2009 • KBS Real Estate Investment Trust II, Inc. • Real estate investment trusts • California

THIS SECOND MODIFICATION AGREEMENT (“Agreement”) dated June 12, 2009, is made and entered into by and between KBSII 100-200 CAMPUS DRIVE, LLC, a Delaware limited liability company (“Borrower”), and WELLS FARGO BANK, NATIONAL ASSOCIATION (“Lender”).

SECOND MODIFICATION AGREEMENT
Second Modification Agreement • July 21st, 2022 • Amrep Corp. • Land subdividers & developers (no cemeteries) • New Mexico
SECOND MODIFICATION AGREEMENT
Second Modification Agreement • November 9th, 2012 • Cole Real Estate Income Strategy (Daily Nav), Inc. • Real estate investment trusts • Arizona

PARTIES: Borrower: COLE REAL ESTATE INCOME STRATEGY (DAILY NAV) OPERATING PARTNERSHIP, LP, a Delaware limited partnership

SECOND MODIFICATION AGREEMENT
Second Modification Agreement • May 30th, 2019 • Deckers Outdoor Corp • Rubber & plastics footwear

This Second Modification Agreement (this “Agreement”) is dated as of October 11, 2018, by and among DECKERS CABRILLO, LLC, a California limited liability company (“Borrower”); DECKERS OUTDOOR CORPORATION, a Delaware corporation ("Guarantor"); and ZIONS BANCORPORATION, N.A. (fka ZB, N.A.), dba CALIFORNIA BANK & TRUST (“Lender”), with reference to the following facts:

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SECOND MODIFICATION AGREEMENT (Main Street Priority Loan)
Second Modification Agreement • March 5th, 2021 • EVO Transportation & Energy Services, Inc. • Retail-auto dealers & gasoline stations

This Second Modification Agreement (this “Agreement”) is made as of December 23, 2020, by and between EVO HOLDING COMPANY, LLC, a Delaware limited liability company, RITTER TRANSPORT, INC., a Maryland corporation, JOHN W. RITTER TRUCKING, INC., a Maryland corporation, JOHMAR LEASING COMPANY, LLC, a Maryland limited liability company, RITTER TRANSPORTATION SYSTEMS, INC., a Maryland corporation (individually and collectively, jointly, severally, and jointly and severally, “Borrower”), and COMMERCE BANK OF ARIZONA, INC., an Arizona corporation (“Bank”).

SECOND MODIFICATION AGREEMENT
Second Modification Agreement • June 30th, 2021 • DallasNews Corp • Newspapers: publishing or publishing & printing • Texas

THIS SECOND MODIFICATION AGREEMENT (this “Agreement”) is entered into as of the 30th day of June, 2021 (the “Effective Date”), by and between THE DALLAS MORNING NEWS, INC., a Delaware corporation (“Lender”), and CHARTER DMN HOLDINGS, LP, a Texas limited partnership (“Borrower”).

SECOND MODIFICATION AGREEMENT
Second Modification Agreement • July 8th, 2013 • Adcare Health Systems, Inc • Services-skilled nursing care facilities • Arkansas

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”).

FORM OF SECOND MODIFICATION AGREEMENT (New Terms)
Second Modification Agreement • May 3rd, 2007 • Greenhill & Co Inc • Finance services

This Second Modification Agreement (the ‘‘Agreement’’), dated as of for reference purposes only, is made by and between Greenhill & Co. Inc., a Delaware corporation (‘‘Borrower’’), and First Republic Bank (the ‘‘Lender’’), with reference to the following facts:

SECOND MODIFICATION AGREEMENT OF EXHIBITION TOUR AGREEMENT EX 2006B
Second Modification Agreement • February 27th, 2013 • Premier Exhibitions, Inc. • Services-amusement & recreation services • Georgia

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,

SECOND MODIFICATION AGREEMENT
Second Modification Agreement • August 13th, 2013 • Cole Credit Property Trust Iv, Inc. • Real estate investment trusts • New York

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
Second Modification Agreement • June 10th, 2009 • Diamond Management & Technology Consultants, Inc. • Services-management consulting services • Illinois

This Second Modification Agreement (“Agreement”) dated as of this 25th day of March, 2009 by and among JP MORGAN CHASE BANK, N.A. (“Bank”), DIAMOND MANAGEMENT & TECHNOLOGY CONSULTANTS, INC., a Delaware corporation (“Company”), DIAMOND MANAGEMENT & TECHNOLOGY CONSULTANTS, NA, INC., an Illinois corporation (“US Subsidiary”), and DIAMOND PARTNERS LIMITED, a United Kingdom corporation (“UK Subsidiary”) (hereinafter, the US Subsidiary and the UK Subsidiary are collectively referred to herein as, the “Guarantors”) (hereinafter, the Company and the Guarantors are collectively referred to herein as, the “Borrowing Parties”).

SECOND MODIFICATION AGREEMENT
Second Modification Agreement • June 19th, 2012 • Franklin Covey Co • Services-management services • Utah

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.

When recorded, return to: RECORD IN DEED OF TRUST RECORDS TRAVIS COUNTY, TEXAS Thompson & Knight LLP AND MONTGOMERY COUNTY, TEXAS
Second Modification Agreement • June 15th, 2020 • Stratus Properties Inc • Land subdividers & developers (no cemeteries) • Texas
SECOND MODIFICATION AGREEMENT
Second Modification Agreement • September 21st, 2020 • Cole Office & Industrial REIT (CCIT III), Inc. • Real estate investment trusts • New York

This Second Modification Agreement (this “Agreement”) is made as of September 17, 2020 (the “Effective Date”), by and among COLE CORPORATE INCOME OPERATING PARTNERSHIP III, LP, a Delaware limited partnership (the “Borrower”), the lenders (each a “Lender,” and, collectively, the “Lenders”) from time to time party to the Credit Agreement (as defined below), and JPMORGAN CHASE BANK, N.A., a national banking association, as the Administrative Agent for the Lenders (in such capacity, the “Administrative Agent”) and as L/C Issuer.

SECOND MODIFICATION AGREEMENT
Second Modification Agreement • March 31st, 2023 • Stratus Properties Inc • Land subdividers & developers (no cemeteries)

This SECOND MODIFICATION AGREEMENT (this “Agreement”) dated effective as of December 6, 2022 is by and among STRATUS KINGWOOD PLACE, L.P., a Texas limited partnership (“Borrower”), STRATUS PROPERTIES INC., a Delaware corporation (“Guarantor”) (Borrower and Guarantor herein sometimes called “Loan Parties” or “Loan Party”, as the context may require), and COMERICA BANK, a Texas banking association (“Lender”).

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