THIRD AMENDMENT THIRD AMENDMENT (this "Amendment"), dated as of March 27, 2006, to the Amended and Restated Credit Agreement dated as of June 3, 2005 (the "Credit Agreement"), among Quiksilver, Inc., a Delaware corporation, Quiksilver Americas, Inc.,...Third Amendment • January 12th, 2007 • Quiksilver Inc • Men's & boys' furnishgs, work clothg, & allied garments • New York
THIRD AMENDMENTThird Amendment • June 18th, 2010 • Research Pharmaceutical Services, Inc. • Services-commercial physical & biological research • Pennsylvania
THIRD AMENDMENT (this “Agreement‘”), dated as of July 9, 2009, by and among RESEARCH PHARMACEUTICAL SERVICES, LLC, a Delaware limited liability company (successor by merger to Research Pharmaceutical Services, Inc., a Pennsylvania corporation) (“Borrower”), and PNC BANK, NATIONAL ASSOCIATION, as the sole lender (in such capacity, “Lender”) and as agent under the Credit Agreement (as hereinafter defined) (in such capacity, “Agent”).
THIRD AMENDMENT TO CLASS A SHARE RIGHTS AGREEMENTThird Amendment • August 7th, 2008 • Rural Cellular Corp • Radiotelephone communications • Minnesota
This THIRD AMENDMENT (this “Third Amendment”) is made and entered into as of this 6th day of July 2008 by and between Rural Cellular Corporation, a Minnesota corporation (the “Company”), and Wells Fargo Bank, N.A., successor to Norwest Bank Minnesota, National Association, as rights agent (the “Rights Agent”). Capitalized terms used but not otherwise defined herein shall have the respective meanings ascribed to such terms in the Rights Agreement (as defined below).
THIRD AMENDMENTThird Amendment • December 20th, 2011 • Acadia Healthcare Company, Inc. • Services-specialty outpatient facilities, nec • New York
THIS THIRD AMENDMENT (this “Amendment”) dated as of December 15, 2011 to the Credit Agreement referenced below is by and among Acadia Healthcare Company, Inc. (f/k/a Acadia Healthcare Company, LLC), a Delaware corporation (the “Borrower”), the Guarantors identified on the signature pages hereto, the Lenders identified on the signature pages hereto and Bank of America, N.A., in its capacity as Administrative Agent (in such capacity, the “Administrative Agent”).
THIRD AMENDMENT TO AGREEMENTThird Amendment • May 1st, 2014
THIS THIRD AMENDMENT (the “Third Amendment”) to Agreement is made and entered into this 13th day of June, 2007 by and between the CITY OF NAPLES, a Florida Municipal Corporation (the “City”), and Evans Oil Company, Inc. (the “Contractor”).
THIRD AMENDMENT (May Note)Third Amendment • August 4th, 2006 • Biodelivery Sciences International Inc • Pharmaceutical preparations • New York
This Third Amendment (this “Amendment”), effective as of July 31, 2006, 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.
THIRD AMENDMENTThird Amendment • December 16th, 2010 • Wave2Wave Communications, Inc. • Communications services, nec
THIS THIRD AMENDMENT (the “Amendment”) is made and entered into as of the 3rd day of February, 2006, by and between RP/SARACEN PROPERTIES, LLC, a Delaware limited liability company (“Landlord”), and RNK, INC. d/b/a RNK Telecom, a Massachusetts corporation (“Tenant”).
Third Amendment Dated as of April 27, 2011 to Second Amended and Restated Receivables Sale Agreement Dated as of June 25, 2009Third Amendment • October 11th, 2011 • Ipalco Enterprises, Inc. • Electric services • Illinois
This Third Amendment (the “Amendment”), dated as of April 27, 2011, 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”).
THIRD AMENDMENTThird Amendment • December 9th, 2022 • Corsair Gaming, Inc. • Computer peripheral equipment, nec • New York
THIS THIRD AMENDMENT (this “Amendment”) dated as of November 28, 2022 to the Credit Agreement referenced below is by and among Corsair Gaming, Inc., a Delaware corporation (the “Borrower”), the Guarantors party hereto, the Lenders party hereto and BANK OF AMERICA, N.A., as Agent (in such capacity, the “Administrative Agent”).
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.Third Amendment • November 13th, 2020 • Sigilon Therapeutics, Inc. • Pharmaceutical preparations
This Third Amendment (“Third Amendment)”, effective as of November 6, 2019 (the “Third 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 (“M.I.T”) and Sigilon Therapeutics, Inc. (flea 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 date as of February 8, 2016, as previously amended by the First Amendment dated February 2, 2017 and the Second Amendment dated August 9, 2018 (collectively, the “License Agreement”). Capitalized terms used herein without definition shall have the meaning given such terms in the License Agreement.
THIRD AMENDMENTThird Amendment • November 26th, 2021 • Charge Enterprises, Inc. • Trucking & courier services (no air)
EThis Third Amendment (this “Amendment”) is made and entered into as of November 26, 2021 by and among Charge Enterprises, Inc., a Delaware corporation (which was formerly known as GoIP Global, Inc., a Colorado corporation) (the “Company”) and the purchasers signatory to the Purchase Agreement (as defined below) (each a, “Purchaser” and collectively, the “Purchasers”).
THIRD AMENDMENTThird Amendment • May 12th, 2003 • Wta Inc • Converted paper & paperboard prods (no contaners/boxes) • New York
THIRD AMENDMENT, dated as of April 18, 2003 (this “Amendment”), to the Credit Agreement, dated as of November 8, 2001 (as amended from time to time, the “Credit Agreement”), among Paperweight Development Corp., a Wisconsin corporation (“Holdings”), Appleton Papers Inc., a Delaware corporation (the “Borrower”), the several banks and other financial institutions or entities from time to time parties to the Credit Agreement (the “Lenders”), Bear, Stearns & Co. Inc., as sole lead arranger and sole bookrunner (in such capacity, the “Lead Arranger”), Bear Stearns Corporate Lending Inc., as syndication agent (in such capacity, the “Syndication Agent”), U.S. Bank, N.A. and LaSalle Bank National Association, each as documentation agent (in such capacity, the “Documentation Agents”), M&I Marshall & Ilsley Bank, as managing agent (in such capacity, the “Managing Agent”), Associated Bank, N.A., as co-agent (in such capacity, the “Co-Agent”), and Toronto Dominion (Texas), Inc., as administrative ag
THIRD AMENDMENTThird Amendment • August 9th, 2004 • Nu Skin Enterprises Inc • Wholesale-drugs, proprietaries & druggists' sundries
THIS THIRD AMENDMENT dated as of May 10, 2004 (this “Amendment”) amends the Credit Agreement dated as of May 10, 2001 (as previously amended, the “Credit Agreement”) among Nu Skin Enterprises, Inc. (the “Company”), various financial institutions (the “Lenders”), Bank One, NA (“Bank One”), as successor administrative agent (in such capacity, the “Administrative Agent”) and, solely for purposes of Section 4, Bank of America, N.A. (“Bank of America”), as resigning Administrative Agent and as assigning Lender. Terms defined in the Credit Agreement are, unless otherwise defined herein or the context otherwise requires, used herein as defined therein.
THIRD AMENDMENTThird Amendment • May 17th, 2016
THIS THIRD AMENDMENT is made as of this day of , 2016 by and between ST. JOHN PLAZA APARTMENTS, LLC, a Florida limited liability company, formerly known as SJP APARTMENTS, LLC, a Florida limited liability company (the "Developer") and the SOUTHEAST OVERTOWN/PARK WEST COMMUNITY
THIRD AMENDMENTThird Amendment • August 9th, 2007 • Rural Cellular Corp • Radiotelephone communications • New York
THIRD AMENDMENT, dated as of April 13, 2007 (this “Amendment”), with respect to the Credit Agreement, dated as of March 25, 2004 (as amended by that certain First Amendment, dated as of October 18, 2005 and by that certain Second Amendment, dated as of May 22, 2006, and as may be further amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), among Rural Cellular Corporation, a Minnesota corporation (the “Borrower”), the lenders from time to time parties thereto (the “Lenders”), Lehman Commercial Paper Inc., as administrative agent (in such capacity, the “Administrative Agent”), and Bank of America, N.A. as documentation agent.
THIRD AMENDMENTThird Amendment • January 13th, 2003 • Global Payments Inc • Telegraph & other message communications • New York
THIRD AMENDMENT (this “Amendment”), dated as of December 10, 2002, to the Credit Agreement, dated as of March 20, 2001 as amended by that First Amendment dated as of May 31, 2001 and as further amended by that Second Amendment dated as of March 20, 2002 (as otherwise amended or extended from time to time, the “Credit Agreement”; capitalized terms used but not defined herein shall have the respective meanings specified in the Credit Agreement), among Global Payments Direct, Inc. (formerly known as National Data Payment Systems, Inc.), a New York corporation (the “Borrower”), the several banks and other financial institutions or entities from time to time parties thereto (the “Lenders”) and Canadian Imperial Bank of Commerce, as administrative agent (in such capacity, the “Administrative Agent”).
THIRD AMENDMENTThird Amendment • November 12th, 2010 • Great Lakes Aviation LTD • Air transportation, scheduled
THIS THIRD AMENDMENT dated October 29, 2010, is entered into by and between UNITED AIR LINES, INC., (“UA”) and Great Lakes Aviation, Ltd., (“ZK”), (United and Great Lakes, each a “Party” and together, the “Parties”).
THIRD AMENDMENT TO AGREEMENT AND PLAN OF MERGERThird Amendment • April 20th, 2012 • K-9 Acquisition, Inc. • Hotels & motels
This Third Amendment (this “Third Amendment”), dated as of April 20, 2012, is made and entered into by and among K-9 HOLDINGS, INC., a Delaware corporation (“Parent”), K-9 ACQUISITION, INC., a Delaware corporation and a wholly-owned subsidiary of Parent (“Merger Sub”) and GREAT WOLF RESORTS, INC., a Delaware corporation (the “Company”). Capitalized terms used and not otherwise defined herein have the meanings set forth in the Merger Agreement (as defined below).
ContractThird Amendment • March 31st, 2022 • Aditxt, Inc. • Pharmaceutical preparations
THIS THIRD AMENDMENT, dated as of December 17, 2021 (this “Amendment”), to that certain Transaction Agreement dated as of October 4, 2021 (as amended by this Amendment and the First Amendment to the Transaction Agreement dated as of December 1, 2021 and the Second Amendment to the Transaction Agreement dated as of December 7, 2021, the “Transaction Agreement”; and all defined terms used herein that are not otherwise defined are used as defined in the Transaction Agreement), is entered into by and between AiPharma Global Holdings LLC, a Delaware limited liability company (“AiPharma”), and Aditxt, Inc., a Delaware corporation (“Aditxt”, and together with AiPharma, the “Parties” and each, a “Party”).
THIRD AMENDMENTThird Amendment • March 17th, 2008 • Kendle International Inc • Services-commercial physical & biological research • New York
This Third Amendment (this “Amendment”) is entered into as of December ___, 2007, by and among KENDLE INTERNATIONAL INC., an Ohio corporation (the “Borrower”), the Guarantors listed on the signature pages hereof, the Lenders signatory hereto, and UBS AG, STAMFORD BRANCH, as Administrative Agent for the Lenders (in such capacity, “Administrative Agent”).
THIRD OMNIBUS AMENDMENTThird Amendment • May 14th, 2012 • RXi Pharmaceuticals Corp • Pharmaceutical preparations
This THIRD OMNIBUS AMENDMENT (this “Third Amendment”) is made and entered into as of March 30, 2012, by and among Tang Capital Partners, LP, RTW Investments, LLC, Galena Biopharma, Inc. (formerly RXi Pharmaceuticals Corporation) and RXi Pharmaceuticals Corporation (formerly RNCS, Inc.).
THIRD AMENDMENTThird Amendment • July 11th, 2006 • Town Sports International Holdings Inc • Services-membership sports & recreation clubs • New York
THIRD AMENDMENT (this “Amendment”), dated as of July 7, 2006, among TOWN SPORTS INTERNATIONAL HOLDINGS, INC. (“Holdco”), TOWN SPORTS INTERNATIONAL, LLC (f/k/a TOWN SPORTS INTERNATIONAL, INC.) (the “Borrower”), the financial institutions party to the Credit Agreement referred to below (the “Lenders”), and DEUTSCHE BANK TRUST COMPANY AMERICAS, as Administrative Agent (in such capacity, the “Administrative Agent”), and acknowledged and agreed to by each of the Subsidiary Guarantors. All capitalized terms used herein and not otherwise defined herein shall have the respective meanings provided such terms in the Credit Agreement referred to below.
THIRD AMENDMENTThird Amendment • November 8th, 2007 • Crystal River Capital, Inc. • Real estate investment trusts • New York
THIRD AMENDMENT (this “Amendment”), dated as of November 2, 2007, by and among CRYSTAL RIVER CAPITAL, INC., a corporation organized under the laws of the State of Maryland (“Borrower”), and SIGNATURE BANK (“Signature”) as a lender (in such capacity, “Lender”) and as administrative agent (in such capacity, “Agent”). Terms which are capitalized in this Amendment and not otherwise defined herein shall have the meanings ascribed to such terms in the Credit Agreement (as defined below).
THIRD AMENDMENT Dated as of April 16, 2007Third Amendment • March 14th, 2008 • Innophos Holdings, Inc. • Wholesale-chemicals & allied products • New York
This THIRD AMENDMENT (this “Amendment”) is entered into between INNOPHOS, INC., a Delaware corporation (the “Borrower”), and BEAR STEARNS CORPORATE LENDING INC., as administrative agent under the Credit Agreement described below (in such capacity, the “Administrative Agent”).
THIRD AMENDMENTThird Amendment • January 6th, 2009 • Ict Group Inc • Services-help supply services • New York
THIS THIRD AMENDMENT (this “Amendment”) dated as of December 31, 2008 is among ICT Group, Inc., a Pennsylvania corporation (the “Borrower”), the Guarantors identified on the signature pages hereto (the “Guarantors”), the Lenders identified on the signature pages hereto and Bank of America, N.A., as Administrative Agent (in such capacity, the “Administrative Agent”).
THIRD AMENDMENTThird Amendment • May 5th, 2010 • Seahawk Drilling, Inc. • Drilling oil & gas wells • New York
This THIRD AMENDMENT (this “Amendment”) dated as of March 19, 2010, is among SEAHAWK DRILLING, INC., a Delaware corporation (the “Borrower”), certain Subsidiaries of the Borrower party hereto (the “Guarantors”), the Lenders party hereto, and NATIXIS, NEW YORK BRANCH, in its capacity as administrative agent for the Lenders (in such capacity, the “Administrative Agent”).
THIRD AMENDMENT TO NOTEThird Amendment • February 13th, 2023 • S&W Seed Co • Agricultural production-crops
This Third Amendment to Note (this “Third Amendment”), dated effective as of December 23, 2022 (the “Effective Date”), is entered into by and between S&W Seed Company, a Nevada corporation (“Borrower”), and Rooster Capital LLC, a Delaware limited liability company (“Lender”).
THIRD AMENDMENTThird Amendment • March 23rd, 2009 • Intellon Corp • Semiconductors & related devices
THIS THIRD AMENDMENT (the “Amendment”) is made and entered into as of March 18, 2009, by and between CA-THE CONCOURSE LIMITED PARTNERSHIP, a Delaware limited partnership (“Landlord”) and INTELLON CORPORATION, a Delaware corporation (“Tenant”).
STERICYCLE, INC. THIRD AMENDMENTThird Amendment • December 20th, 2018 • Stericycle Inc • Hazardous waste management • New York
This THIRD AMENDMENT, dated as of December 19, 2018 (this “Amendment”), is entered into by and among STERICYCLE, INC., a Delaware corporation (the “Company”), the Subsidiaries of the Company signatory hereto (collectively, the “Subsidiary Loan Parties”), the Lenders (as defined below) signatory hereto and BANK OF AMERICA, N.A., as administrative agent (in such capacity, the “Administrative Agent”) under that certain Credit Agreement, dated as of November 17, 2017 (as amended, restated, supplemented or otherwise modified prior to the date hereof, the “Credit Agreement”), among the Company, the financial institutions from time to time party thereto as lenders (the “Lenders”) or as “L/C Issuers”, the Subsidiaries of the Company party thereto as “Designated Borrowers”, and the Administrative Agent. Capitalized terms used and not otherwise defined herein shall have the meanings ascribed to them in the Credit Agreement.
Third Amendment to Limited TCC® License AgreementThird Amendment • November 7th, 2003 • Tessera Technologies Inc • Semiconductors & related devices
This Third Amendment (“Third Amendment”) is entered into as of this 10th day of September, 2003, (“Third Amendment Effective Date”) between Tessera, Inc. (“Tessera”) and Intel Corporation (“Licensee”), and amends the Limited TCC License Agreement (“Agreement”) entered into by and between the parties having an Effective Date of October 22, 1996, as amended by a First Amendment dated October 1, 2000 and a Second Amendment dated March 22, 2002 (inadvertently entitled as a “First Amendment”).
THIRD AMENDMENT Dated as of February 16, 2021 to the FIFTH AMENDED AND RESTATED CREDIT AGREEMENT among AVIS BUDGET HOLDINGS, LLC, AVIS BUDGET CAR RENTAL, LLC, as Borrower, AVIS BUDGET GROUP, INC., The Subsidiary Borrowers from Time to Time Parties...Third Amendment • February 16th, 2021 • Avis Budget Group, Inc. • Services-auto rental & leasing (no drivers) • New York
THIRD AMENDMENT, dated as of February 16, 2021 (this “Amendment”), among AVIS BUDGET HOLDINGS, LLC (“Holdings”), AVIS BUDGET CAR RENTAL, LLC (the “Borrower”), the Lenders party hereto and JPMORGAN CHASE BANK, N.A. (“JPMorgan”), as administrative agent (in such capacity, the “Administrative Agent”).
THIRD AMENDMENTThird Amendment • March 1st, 2007 • Pool Corp • Wholesale-misc durable goods • North Carolina
THIS THIRD AMENDMENT (this “Amendment”), is made and entered into as of this 9th day of February, 2007, with an effective date as set forth in Section 3 hereof, by and among POOL CORPORATION (formerly known as SCP POOL CORPORATION), a Delaware corporation (the “US Borrower”), SCP DISTRIBUTORS INC., a company organized under the laws of Ontario (the “Canadian Borrower” and, together with the US Borrower, the “Borrowers”), the lenders who are or may become a party to this Agreement (collectively, the “Lenders”), WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association, as Administrative Agent for the Lenders, WACHOVIA CAPITAL FINANCE CORPORATION (CANADA) (formerly known as Congress Financial Corporation (Canada)), as Canadian Dollar Lender, JPMORGAN CHASE BANK, as Syndication Agent, CAPITAL ONE, NATIONAL ASSOCIATION (successor-by-merger to HIBERNIA NATIONAL BANK), as Documentation Agent and WELLS FARGO BANK NATIONAL ASSOCIATION, as Documentation Agent.
THIRD AMENDMENT TO PRIME VENDOR AGREEMENTThird Amendment • October 6th, 2016 • Diplomat Pharmacy, Inc. • Retail-drug stores and proprietary stores
This Third Amendment (“Third Amendment”) is made and entered into as of October 1, 2016 (“Third Amendment Effective Date”), by AmerisourceBergen Drug Corporation, a Delaware corporation (“ABDC”) on the one hand, and Diplomat Pharmacy, Inc., a Michigan corporation (“Diplomat”) for itself and on behalf of the following limited liability companies of which Diplomat is the sole member: Diplomat Specialty Pharmacy of Flint, LLC, Navigator Health Services, LLC, Diplomat Health Services, LLC, Diplomat Specialty Pharmacy of Chicago, LLC, Diplomat Specialty Pharmacy of Ft. Lauderdale, LLC, Diplomat Specialty Pharmacy Great Lakes Distribution Center, LLC, Diplomat Specialty Pharmacy of Southern California, LLC, Navigator Pharmacy Service, LLC, Diplomat Specialty Pharmacy of Philadelphia, LLC, Diplomat Specialty Pharmacy of Boothwyn, LLC, and BioRx, LLC (Diplomat and such limited liability companies being referred to herein collectively as “Customer”) on the other hand. This Third Amendment amend
THIRD AMENDMENTThird Amendment • March 10th, 2004 • Pinnacle Entertainment Inc • Services-miscellaneous amusement & recreation
This Third Amendment (this “Amendment”) is made and entered into as of October 13, 2003, by and between Crystal Park Hotel and Casino Development Company, LLC, a California limited liability company (“Landlord”), and California Casino Management, Inc., a California corporation (“Tenant”).
To Operating AgreementThird Amendment • December 6th, 2019
THIS AMENDMENT made as of this L.J_ day of 7)ec..vril � 2019 ("Effective Date"), by and between the PORT OF PALM BEACH DISTRICT, a quasi-public corporation and political subdivision of the State of Florida (hereinafter referred to as "District"), and BERTH ONE INTERNATIONAL, LLC, a Florida Limited Liability Company (hereinafter referred to as "Company").
