First Modification Agreement definition

First Modification Agreement. First Allonge", "Second Modification", "Second Allonge", "Third Modification Agreement", "Third Allonge", "Fourth Modification Agreement", "Fourth Allonge", "Fifth Modification Agreement", "Fifth Allonge", "Sixth Modification Agreement", "Sixth Allonge", "Seventh Allonge" and "Seventh Modification Agreement"; (iv) in Article II, Section 2.4 of the Loan Agreement, amending and modifying the interest rate options from the then existing interest rate options of (a) Base Rate or (b) two and one-quarter percent (2.25%) over the Eurodollar Rate to the new interest rate options of (1) Base Rate minus one quarter percent (0.25%) or (2) one and one-half percent (1.5%) over the Eurodollar Rate; (v) in Article II, Section 2.11 of the Loan Agreement, deleting the unused commitment fee; (vi) in the Loan Documents, deleting any and all references to the then existing maturity date of "May 31, 1998" and inserting a new maturity date of "May 31, 1999" in their place and stead; (vii) in Article V of the Loan Agreement, providing for a new Section 5.23 with respect to the year 2000; (viii) in the Loan Documents, providing that any and all references to the "Revolving Note" shall be deemed to refer to the Revolving Note as amended and modified up through and including the Seventh Allonge; and (ix) in the Loan Documents, providing that any and all references to the "Loan Agreement" shall be deemed to refer to the Loan Agreement as amended and modified up through and including the Seventh Modification Agreement; and
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First Modification Agreement means the First Modification to Loan Agreement, dated as of the First Modification Effective Date, by and among Borrower, the financial institutions party thereto, and Administrative Agent, as amended, restated, supplemented, or otherwise modified from time to time.
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First Modification Agreement means the Primer Convenio Modificatorio to the Public Works Contract dated July 4, 2003 between the Borrower and CFE.
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Examples of First Modification Agreement in a sentence

  • The obligations of Company under the Credit Agreement are secured by a Pledge Agreement, dated as of May 31, 1992 as amended by the First Modification Agreement (as so amended, the "Pledge Agreement") under which Company pledged to Bank the shares of capital stock of certain of the Subsidiaries.

  • Next, regarding the unjust enrichment claim against VPMC, we are of the opinion that any claim against VPMC would also be governed by the First Modification Agreement since the VPMC Principals are parties to that contract.

  • Defendants argue that the First Modification Agreement is a “best efforts” contract and “is naturally a personal services contract at its core, given that a best efforts obligation has the element of diligence at its essence and requires the obligee to use all reasonable methods to achieve the objective going beyond the usual duty of good faith.” (Defs.’Mot.

  • Defendants next claim that the First Modification Agreement was superseded by the Second Modification Agreement.

  • Gambone, Sr. (And ergo their respective Estates)under the personal services provision of the First Modification Agreement ceased at the time of 11In their Motion to Dismiss, Defendants do not specifically argue that Oldcastle’s claim of promissory estoppel against the VPMC Principals (Count IX) should be dismissed for failure to state a claim.

  • However, just as we declined to dismiss tort claims against Michael Gambone based on the gist of the action doctrine because we believe the issue to be premature, we also find that this issue is premature.Oldcastle has plead a number of averments stating that Michael Gambone acted in his “individual capacity,” however, we simply do not have enough information in the current record concerning his involvement in the First Modification Agreement to make this determination at this time.

  • Defendants maintain that Oldcastle admits in its Amended Complaint that Michael Gambone’s involvement in this case is “as president of VPMC,” and that as “president of VPMC,” Michael Gambone “knew that the VPMC Principals made these promises” in the First Modification Agreement and “upon information and belief, participated in the negotiation of the First Modification.” (Am. Compl.

  • In the present action, the language of the First Modification Agreement does not specifically state that the VPMC Principals’ obligations to bring about the sale of the Shops and to pay Oldcastle with the funds from the sale were expressly conditioned upon the occurrence of a particular event - here being the sale of the Shops on or before August 3, 2008.

  • As noted, the First Modification Agreement states that the VPMC Principals “have a reasonable belief that the [Shops] will be sold on or before August 3, 2008,” and “will use best efforts to cause VPMC to sell the [Shops] on or before August 3, 2008.” (Am. Compl.; Ex. G ¶2.3.) It does not state that the VPMC Principals were obligated to sell the Shops by that date.

  • In this respect, the contract is ambiguous, and the intentions of the parties is unclear regarding performance of the First Modification Agreement in the event of death.


More Definitions of First Modification Agreement

First Modification Agreement has the meaning set forth in the ---------------------------- preamble to this Agreement.
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First Modification Agreement means that certain First Modification Agreement dated as of March 31, 2008 executed by and among the Company, the Guarantors and the Bank which increased the Maximum Revolving Commitment of the Loan to $20,000,000.00 and further amended the Loan and certain of the Loan Documents as set forth therein.
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First Modification Agreement means that certain Consent and Modification under Loan and Security Agreement dated as of November 5, 2019, as amended, restated, renewed, supplemented or otherwise modified from time to time (formerly defined as the “Consent and Modification Agreement” in the First Modification Agreement).
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Related to First Modification Agreement

  • Waiver Agreement means an agreement between

  • Loan Modification Agreement means a Loan Modification Agreement, in form reasonably satisfactory to the Administrative Agent, among the Borrower, the Administrative Agent and one or more Accepting Lenders, effecting one or more Permitted Amendments and such other amendments hereto and to the other Loan Documents as are contemplated by Section 2.24.

  • Restatement Agreement means the Restatement Agreement to the Existing Credit Agreement dated as of June 30, 2017 by and among each of the Loan Parties party thereto, the Administrative Agent and the Lenders party thereto.

  • Reaffirmation Agreement means that certain Reaffirmation Agreement, dated as of the date hereof, between the Loan Parties and the Administrative Agent, for the benefit of the Administrative Agent and the Lenders and the other holders of the Secured Obligations.

  • Novation Agreement means a legal instrument—

  • Variation Agreement means the agreement a copy of which is set out in Schedule 2;

  • Amendment Agreement shall have the meaning assigned to such term in the recitals hereto.

  • Termination Agreement has the meaning set forth in the Recitals.

  • Extension Agreement shall have the meaning provided in Section 2.15(c).

  • Consent Agreement means this Consent Agreement, duly signed and concluded between the Commission and the Respondent, as contemplated in section 40(1) of the Act.

  • Construction Agreement means the proposed building agreement between the Company and a proposed builder substantially in the form of the draft agreement a copy of which has been signed on behalf of the Authority and the Company for the purposes of identification;

  • Letter Agreement has the meaning set forth in the Recitals.

  • Amendment and Restatement Agreement means the Amendment and Restatement Agreement, dated as of January 29, 2016, among the Borrowers, the Lenders party thereto and the Administrative Agent.

  • the Second Variation Agreement means the agreement a copy of which is set forth in the Third Schedule;

  • Designation Agreement means a designation agreement in substantially the form of Exhibit G attached hereto, entered into by a Bank and a Designated Lender and accepted by the Administrative Agent.

  • Implementation Agreement means the Implementation Agreement dated ……… by and between the GOB, PGCB and the Company in connection with the Project, and also includes any amendment of it made from time to time;

  • Contract Modification means any changes in the terms or provisions of the Contract which are reduced to writing and fully executed by both parties.

  • Permit modification means a revision to a Title V operating permit that cannot be accomplished under the provisions for administrative permit amendments found at rule 567—22.111(455B). A permit modification for purposes of the acid rain portion of the permit shall be governed by the regulations pertaining to acid rain found at rules 567—22.120(455B) to 567—22.147(455B). This definition of “permit modification” shall be used solely for purposes of this chapter governing Title V operating permits.

  • Diversion agreement means a mechanism designed to hold a child accountable for his or her behavior and, if appropriate, securing services to serve the best interest of the child and to provide redress for that behavior without court action and without the creation of a formal court record;

  • the Variation Agreement means the agreement of which a copy is set out in the Second Schedule.

  • Delegation Agreement means any separate agreement entered into between the Custodian and the Fund or its authorized representative with respect to certain matters concerning the appointment and administration of Subcustodians delegated to the Custodian pursuant to Rule 17f-5 under the 1940 Act.

  • Forbearance Agreement means the forbearance agreement entered into by Granite Co. prior to the implementation of the 2011 Arrangement.

  • Addendum / Amendment means any written amendment / addendum /corrigendum to this RFP, from time to time issued by NMRC to the prospective bidders

  • the First Variation Agreement means the agreement a copy of which is set forth in the Second Schedule;

  • Formation Agreement has the meaning attributed to it in Recital A;

  • Reservation agreement means a written contract entered into between MBOH and the taxpayer to provide for a Reservation and setting forth the terms and conditions under which the taxpayer may obtain a Carryover Commitment or Final Allocation.