Third Modification Agreement Sample Contracts

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THIRD MODIFICATION AGREEMENT
Third Modification Agreement • September 8th, 2006 • Natural Gas Services Group Inc • Oil & gas field services, nec

This Third Modification Agreement (“Third Modification Agreement”) is effective as of August 28, 2006. The parties to the Third Modification Agreement are Natural Gas Services Group, Inc. (“Borrower”) and Western National Bank (“Lender”).

NEW TERMS)
Third Modification Agreement • August 2nd, 2007 • Greenhill & Co Inc • Finance services
THIRD MODIFICATION AGREEMENT
Third Modification Agreement • May 13th, 2014 • Cole Real Estate Income Strategy (Daily Nav), Inc. • Real estate investment trusts • Arizona

DATE: January 17, 2014 PARTIES: Borrower: COLE REAL ESTATE INCOME STRATEGY (DAILY NAV) OPERATING PARTNERSHIP, LP, a Delaware limited partnership Administrative Agent for the Lenders: JPMORGAN CHASE BANK, N.A., a national banking association Lenders: JPMORGAN CHASE BANK, N.A., a national banking association

THIRD MODIFICATION AGREEMENT
Third Modification Agreement • August 4th, 2016 • Cole Credit Property Trust Iv, Inc. • Real estate investment trusts • New York
EXHIBIT (10)(s) THIRD MODIFICATION AGREEMENT AND AMENDMENT TO MORTGAGE
Third Modification Agreement • April 30th, 1997 • Vaughn Communications Inc • Services-allied to motion picture production
THIRD MODIFICATION AGREEMENT
Third Modification Agreement • June 30th, 2023 • Global Water Resources, Inc. • Water supply • Arizona
THIRD MODIFICATION AGREEMENT Secured Loan
Third Modification Agreement • November 2nd, 2009 • Thomas Properties Group Inc • Real estate • California

THIS THIRD MODIFICATION AGREEMENT (“Agreement”) dated October 10, 2009 is entered into by and between WELLS FARGO BANK, NATIONAL ASSOCIATION (“Lender”), and TPG-EL SEGUNDO PARTNERS, LLC, a California limited liability company (“Borrower”).

THIRD MODIFICATION AGREEMENT
Third Modification Agreement • March 28th, 2024 • KBS Growth & Income REIT, Inc. • Real estate investment trusts

This Third Modification Agreement (this “Agreement”) is made as of November 6, 2023, by and among KBSGI OFFICES AT GREENHOUSE, LLC, a Delaware limited liability company (“Greenhouse Borrower”) and KBSGI 213 WEST INSTITUTE PLACE, LLC, a Delaware limited liability company (“Institute Borrower,” and, together with Greenhouse Borrower, individually, collectively, jointly and severally, “Borrower”), the lenders from time to time party to the Loan Agreement (as hereinafter defined) (each a “Lender” and collectively the “Lenders”), and JPMORGAN CHASE BANK, N.A., a national banking association, as administrative agent for the Lenders (in such capacity, “Administrative Agent”).

THIRD MODIFICATION AGREEMENT
Third Modification Agreement • August 24th, 2016 • Century Communities, Inc. • Operative builders • Texas

This THIRD MODIFICATION AGREEMENT (this “Agreement”) is made as of August 19, 2016, 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”).

When recorded, return to: RECORD IN DEED OF TRUST RECORDS TRAVIS COUNTY, TEXAS Holland & Knight LLP
Third Modification Agreement • May 16th, 2022 • Stratus Properties Inc • Land subdividers & developers (no cemeteries) • Texas
THIRD MODIFICATION AGREEMENT
Third Modification Agreement • August 6th, 2015 • New Home Co Inc. • Operative builders • California

This Third Modification Agreement (“Agreement”) is made as of July 22, 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.

THIRD MODIFICATION AGREEMENT
Third Modification Agreement • March 6th, 2012 • Tornier N.V. • Orthopedic, prosthetic & surgical appliances & supplies • Texas

THIS THIRD MODIFICATION AGREEMENT (this “Amendment”) is executed on October 16, 2009, and made effective as of the 30th day of July 2009, by and among TORNIER, INC., a Delaware corporation (the “Borrower”) and COMPASS BANK, an Alabama banking corporation (the “Bank”).

THIRD MODIFICATION AGREEMENT
Third Modification Agreement • April 7th, 2009 • White Electronic Designs Corp • Semiconductors & related devices • Arizona

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

THIRD MODIFICATION AGREEMENT
Third Modification Agreement • March 31st, 2004 • Interstate General Co L P • Land subdividers & developers (no cemeteries)

THIS THIRD MODIFICATION AGREEMENT (this "Agreement") made this 19th day of December, 2003, by and between INTERSTATE GENERAL COMPANY L.P., a Delaware publicly traded limited partnership and its successors and assigns (the "Borrower"); BRANDYWINE INVESTMENT ASSOCIATES LIMITED PARTNERSHIP, a Maryland limited partnership ("Partnership Guarantor"), INTERSTATE BUSINESS CORPORATION, a Delaware corporation ("Corporate Guarantor"), JAMES J. WILSON, an individual residing in the Commonwealth of Virginia, and BARBARA WILSON, an individual residing in the Commonwealth of Virginia, (collectively, the "Personal Guarantor") and MERCANTILE MORTGAGE CORPORATION, a Maryland corporation, and its successors and assigns (the "Lender"). Capitalized terms used herein but not defined herein shall have the respective meanings ascribed thereto in the Loan Agreement (as hereinafter defined).

THIRD MODIFICATION AGREEMENT
Third Modification Agreement • June 22nd, 2007 • Enterprise Financial Services Corp • State commercial banks • Missouri

This THIRD MODIFICATION AGREEMENT (this "Agreement") is made and entered into as of April 30, 2007, by and between ENTERPRISE FINANCIAL SERVICES CORP., a Delaware corporation (the "Borrower"), and U.S. BANK NATIONAL ASSOCIATION, a national banking association (the "Lender").

THIRD MODIFICATION AGREEMENT
Third Modification Agreement • April 20th, 2023 • EVO Transportation & Energy Services, Inc. • Retail-auto dealers & gasoline stations • Arizona

Bank has extended to Borrower a loan (the “Loan”) in the original principal amount of $17,033,000 pursuant to that certain Loan Agreement dated as of December 14, 2020 (the “Loan Agreement”), and evidenced by that certain Promissory Note dated December 14, 2020 (the “Note”). The unpaid principal balance of the Loan as of the date hereof is $17,435,206.43.

THIRD MODIFICATION AGREEMENT
Third Modification Agreement • January 13th, 2012 • Rf Monolithics Inc /De/ • Radio & tv broadcasting & communications equipment

This Third Modification Agreement (this “Third Modification Agreement”) is made and entered into effective as of the 30th day of November, 2011 (the “Effective Date”), by and among VIEWPOINT BANK, a federal savings bank (“Lender”), RF MONOLITHICS, INC., a Delaware corporation (“RF Mono”), and CIRRONET INC., a Georgia corporation (“Cirronet”) (RF Mono and Cirronet together, sometimes “Borrowers”).

THIRD MODIFICATION AGREEMENT
Third Modification Agreement • August 13th, 2004 • Stratus Properties Inc • Land subdividers & developers (no cemeteries) • Texas

This THIRD MODIFICATION AGREEMENT (“Agreement”) is made to be effective as of the 23rd day of June, 2004 (the “Effective Date”), by and between COMERICA BANK, a Michigan banking corporation, successor by merger to Comerica Bank-Texas (“Lender”), and STRATUS PROPERTIES INC., a Delaware corporation, STRATUS PROPERTIES OPERATING CO., L.P., a Delaware limited partnership, CIRCLE C LAND, L.P., a Texas limited partnership, f/k/a Circle C Land Corp., and AUSTIN 290 PROPERTIES, INC., a Texas corporation (herein individually and collectively referred to as “Borrower”), and OLY STRATUS BARTON CREEK I JOINT VENTURE, a Texas joint venture ("Barton Creek JV").

THIRD MODIFICATION AGREEMENT
Third Modification Agreement • August 5th, 2009 • One Voice Technologies Inc • Services-prepackaged software

This Third Modification Agreement (“Agreement”) is made as of June 21, 2009 among ONE VOICE TECHNOLOGIES INC., a Nevada corporation (“One Voice”), ALPHA CAPITAL ANSTALT (“Alpha”) and WHALEHAVEN CAPITAL FUND LIMITED (“Whalehaven”).

THIRD MODIFICATION AGREEMENT
Third Modification Agreement • January 31st, 2014 • Essex Property Trust Inc • Real estate investment trusts • California

This Third Modification Agreement ("Agreement") is made as of January 29, 2014, by and among ESSEX PORTFOLIO, L.P., a California limited partnership ("Borrower"), U.S. BANK NATIONAL ASSOCIATION, a national banking association, as administrative agent ("Agent"), under the Loan Agreement described below, U.S. BANK NATIONAL ASSOCIATION, a national banking association, as a Lender ("U.S. Bank"), and each of the other Lenders set forth on the signature pages hereof (and together with any other bank that becomes a party to the Loan Agreement in the future, collectively, "Lenders").

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THIRD MODIFICATION AGREEMENT (Extension)
Third Modification Agreement • March 3rd, 2015 • Versar Inc • Services-engineering services • Virginia

THIS THIRD MODIFICATION AGREEMENT (this “Agreement”), effective as of the 27 day of February 2015, is by and between UNITED BANK, a Virginia banking corporation (the “Bank”); and VERSAR, INC. a Delaware corporation, VERSAR INTERNATIONAL, INC., a Delaware corporation, formerly known as VIAP, Inc., CHARRON CONSTRUCTION CONSULTING, INCORPORATED, a Virginia corporation, GEO-MARINE, INC., a Texas corporation, GEOMET TECHNOLOGIES, LLC, a Maryland limited liability company, and J.M. WALLER ASSOCIATES, INC., a Virginia corporation (individually and collectively, the “Borrower”).

RECITALS:
Third Modification Agreement • August 14th, 2000 • Ph Group Inc • Metalworkg machinery & equipment • Ohio
THIRD MODIFICATION AGREEMENT (Mt. Snow Development Loan)
Third Modification Agreement • October 20th, 2014 • Peak Resorts Inc • Hotels & motels • Missouri

This THIRD MODIFICATION AGREEMENT (the “Agreement”) is made and entered into as of April 1, 2013 (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, “Borrower”) and EPT MOUNT SNOW, INC., a Delaware corporation (“Lender”).

THIRD MODIFICATION AGREEMENT DOUGLAS P. FIELDS
Third Modification Agreement • August 6th, 2004 • Eagle Supply Group Inc • Wholesale-lumber, plywood, millwork & wood panels

This Modification Agreement (this “Third Modification Agreement”) is made as of August 5, 2004 by and between JEH/EAGLE SUPPLY, INC. (formerly JEH/ACQUISITION CORP.), a Delaware Corporation having a place of business at 2500 U.S. 287, Mansfield, Texas (“JEH”), EAGLE SUPPLY, INC., a Florida corporation having a place of business at 1451 Channelside Drive, Tampa, Florida (“Eagle Supply”), EAGLE SUPPLY GROUP, INC., a Delaware corporation having an office located at 122 East 42nd Street, New York, N.Y. (“ESG”), with JEH, Eagle Supply and ESG referred to collectively hereinafter as the “Employer”, and DOUGLAS P. FIELDS, an individual residing at 100 Midwood Road, Greenwich, Connecticut (the “Executive”).

WITNESSETH THAT:
Third Modification Agreement • February 23rd, 2001 • Proxicom Inc • Services-computer programming services • Virginia
THIRD MODIFICATION AGREEMENT
Third Modification Agreement • September 29th, 2005 • Star Buffet Inc • Retail-eating places • Arizona

BY THIS THIRD MODIFICATION AGREEMENT, made and entered into as of the 1st day of July, 2005, STAR BUFFET, INC., a Delaware corporation, whose address is 420 Lawndale Drive, Salt Lake City, Utah 84115 (hereinafter called “Borrower”), and M&I MARSHALL & ILSLEY BANK, a banking corporation organized and existing under the laws of the State of Wisconsin, whose address is One East Camelback Road, P.O. Box 11856, Phoenix, Arizona 85061-1856 (hereinafter called “Lender”), confirm and agree as follows:

THIRD MODIFICATION AGREEMENT
Third Modification Agreement • August 15th, 2008 • Global Water Resources, Inc. • Water supply • Arizona

increased working capital and other financing needs, (ii) delete the borrowing base component of the Line of Credit, (iii) extend the Maturity Date to March 31, 2008 and (iv) modify certain of the covenants in the Credit Agreement. Bank is willing to so modify the Line of Credit and the Loan Documents, subject to the terms and conditions herein.

THIRD MODIFICATION AGREEMENT
Third Modification Agreement • June 20th, 2012 • Griffin Land & Nurseries Inc • Real estate • Connecticut

THIS MODIFICATION is made by and among GRIFFIN CENTER DEVELOPMENT IV, LLC (“GDC IV”) and GRIFFIN CENTER DEVELOPMENT V, LLC (“GCD V”), Connecticut limited liability companies both having an address of 204 West Newberry Road, Bloomfield, Connecticut 06002 (GCD IV and GCD V sometimes the “Co-Borrowers”), GRIFFIN LAND & NURSERIES, INC., a Delaware corporation with an address of 204 West Newberry Road, Bloomfield, Connecticut 06002 (“GL&N”), and WEBSTER BANK, NATIONAL ASSOCIATION, a national association having a principal place of business at 145 Bank Street, Waterbury, Connecticut 06702 (the “Bank”).

THIRD MODIFICATION AGREEMENT
Third Modification Agreement • November 14th, 2013 • Adcare Health Systems, Inc • Services-skilled nursing care facilities • Illinois

THIS THIRD MODIFICATION AGREEMENT dated as of September 30, 2013 (this “Agreement”), is entered into by and among ADK THOMASVILLE OPERATOR, LLC (“Borrower 1”), ADK LUMBER CITY OPERATOR, LLC (“Borrower 2”), ADK JEFFERSONVILLE OPERATOR, LLC (“Borrower 3”), ADK LAGRANGE OPERATOR, LLC (“Borrower 4”), ADK POWDER SPRINGS OPERATOR, LLC (“Borrower 5”), ADK OCEANSIDE OPERATOR, LLC (“Borrower 6”), ADK THUNDERBOLT OPERATOR, LLC (“Borrower 7”), ADK SAVANNAH BEACH OPERATOR, LLC (“Borrower 8”), ATTALLA NURSING ADK, LLC (“Borrower 9”), MOUNTAIN TRACE NURSING ADK, LLC, an Ohio limited liability company (“Borrower 10”), MT. KENN NURSING, LLC (“Borrower 11”), ERIN NURSING, LLC (“Borrower 12”), CP NURSING, LLC (“Borrower 13”), BENTON NURSING, LLC (“Borrower 14”), VALLEY RIVER NURSING, LLC (“Borrower 15”), PARK HERITAGE NURSING, LLC (“Borrower 16”), HOMESTEAD NURSING, LLC (“Borrower 17”), WOODLAND MANOR NURSING, LLC (“Borrower 18”), MOUNTAIN VIEW NURSING, LLC (“Borrower 19”), LITTLE ROCK HC&R NURSING, LLC

THIRD MODIFICATION AGREEMENT
Third Modification Agreement • January 30th, 2009 • Avatech Solutions Inc • Services-prepackaged software • Maryland

THIS THIRD MODIFICATION AGREEMENT (“AGREEMENT”) is made as of December 31, 2008, by and among AVATECH SOLUTIONS, INC., a Delaware corporation, and AVATECH SOLUTIONS SUBSIDIARY, INC., a Delaware corporation, jointly and severally (collectively, the “BORROWERS”), and PNC BANK, NATIONAL ASSOCIATION, successor by merger to Mercantile-Safe Deposit and Trust Company (“LENDER”).

Third Modification Agreement
Third Modification Agreement • May 19th, 2003 • Exabyte Corp /De/ • Computer storage devices

THIS THIRD MODIFICATION AGREEMENT (the "Modification Agreement") is entered into between Silicon Valley Bank ("Silicon") and the borrower named above ("Borrower").

THIRD MODIFICATION AGREEMENT
Third Modification Agreement • March 17th, 2010 • Cas Medical Systems Inc • Surgical & medical instruments & apparatus • Connecticut

THIS THIRD MODIFICATION AGREEMENT (the “Modification Agreement”), dated as of March 11, 2010 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 06510 (the “Bank”).

THIRD MODIFICATION AGREEMENT
Third Modification Agreement • October 1st, 2015 • Cole Credit Property Trust V, Inc. • Real estate investment trusts • New York

Initially, the Applicable Rate shall be determined based upon Pricing Level IV. Any increase or decrease in the Applicable Rate resulting from a change in the Leverage Ratio shall become effective as of the first Business Day immediately following the date a Compliance Certificate is delivered pursuant to Section 6.02(a); provided, however, that if a Compliance Certificate is not delivered when due in accordance with such Section, then Pricing Level IV above shall apply as of the first Business Day after the date on which such Compliance Certificate was required to have been delivered (until such time as such delinquent Compliance Certificate is delivered).

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