And Restated Agreement Sample Contracts

OF
And Restated Agreement • October 31st, 2008 • Pioneer Series Trust V • Delaware
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AGREEMENT:
And Restated Agreement • July 21st, 2009 • Cornerstone Financial Corp • National commercial banks • New Jersey
AMENDED AND RESTATED AGREEMENT
And Restated Agreement • February 27th, 2009 • Aqua America Inc • Water supply • Pennsylvania

THIS amended and restated Agreement made as of the 31st day of December, 2008, by and between, Aqua America, Inc., a Pennsylvania corporation (“Aqua America”), and David P. Smeltzer (the “Executive”).

AMENDED AND RESTATED AGREEMENT
And Restated Agreement • March 28th, 2008 • Gold Run Inc. • Gold and silver ores

THIS AMENDED AND RESTATED AGREEMENT made effective as of the 9th day of May, 2006 between DAVE MATHEWSON, an individual residing at 1265 Mesa Drive, Fernley, Nevada 89408 (“Mathewson”), and GOLD RUN INC., a Delaware corporation having offices at 330 Bay Street, Suite 820, Toronto, Ontario, Canada M5H 2S8 (Gold Run”).

AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP of HHR EURO CV Dated as of December 8, 2006
And Restated Agreement • March 1st, 2007 • Host Hotels & Resorts L.P. • Hotels & motels

AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP dated as of December 8, 2006 (this “Agreement”) of HHR Euro CV (the “Partnership”).

AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST of Destra Multi- Alternative Fund a Delaware Statutory Trust
And Restated Agreement • November 17th, 2023 • Destra Multi-Alternative Fund • Delaware

This AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST of Destra Multi-Alternative Fund, a Delaware statutory trust, is made as of November 15, 2023 by the undersigned Trustees (together with all other persons from time to time duly elected, qualified and serving as Trustees in accordance with the provisions of Article IV hereof, the “Trustees”);

AMENDED AND RESTATED AGREEMENT BETWEEN THE COUNTY OF SANTA CLARA AND THE TOWN OF LOS GATOS FOR WEED ABATEMENT SERVICES
And Restated Agreement • March 31st, 2022 • California

THIS AGREEMENT for the Abatement of Weeds by County of Santa Clara for the Town of Los Gatos (“AGREEMENT”) is made and entered into by and among the County of Santa Clara, a political subdivision of the State of California (“COUNTY”), and the Town of Los Gatos (“TOWN”), a Town corporation, effective this (“EFFECTIVE DATE”). COUNTY and TOWN may be collectively referred to herein as the “PARTIES” and individually as a “PARTY,” unless specifically identified otherwise.

AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF CATELLUS OPERATING LIMITED PARTNERSHIP
And Restated Agreement • March 12th, 2004 • Catellus Development Corp • Real estate investment trusts • Delaware

year) shall be specially allocated to such Partner in an amount and manner sufficient to eliminate, to the extent required by the Regulations, its Adjusted Capital Account Deficit created by such adjustments, allocations or distributions as quickly as possible.

AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST OF VIRTUS ALTERNATIVE SOLUTIONS TRUST
And Restated Agreement • March 28th, 2014 • Virtus Alternative Solutions Trust • Delaware

THIS AGREEMENT AND DECLARATION OF TRUST is made and entered into as of the date set forth below by the Trustees named hereunder for the purpose of forming a Delaware statutory trust in accordance with the provisions hereinafter set forth,

AMENDMENT TO THE AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST OF EVERGREEN VARIABLE ANNUITY TRUST
And Restated Agreement • February 10th, 2010 • Evergreen Variable Annuity Trust /De/

The undersigned, constituting at least a majority of the Trustees of Evergreen Variable Annuity Trust (the “Trust”), a Delaware statutory trust created and existing under an Agreement and Declaration of Trust, as amended and restated on March 17, 2004 (the “Declaration of Trust”), having determined that it is desirable and appropriate to amend Section 1 of Article IV of the Declaration of Trust pursuant to their authority under Section 3 of Article VIII of the Declaration of Trust, do hereby direct that this Amendment be filed with the records of the Trust and do hereby delete and replace in its entirety Section 1 of Article IV of the Declaration of Trust with the following:

THIRD AMENDED AND RESTATED AGREEMENT OF
And Restated Agreement • May 7th, 2018 • Ares Management Lp • Investment advice

THE PARTNERSHIP UNITS OF ARES OFFSHORE HOLDINGS L.P. HAVE NOT BEEN REGISTERED UNDER THE U.S. SECURITIES ACT OF 1933, THE SECURITIES LAWS OF ANY STATE, PROVINCE OR ANY OTHER APPLICABLE SECURITIES LAWS AND ARE BEING SOLD IN RELIANCE UPON EXEMPTIONS FROM THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT AND SUCH LAWS. SUCH UNITS MUST BE ACQUIRED FOR INVESTMENT ONLY AND MAY NOT BE OFFERED FOR SALE, PLEDGED, HYPOTHECATED, SOLD, ASSIGNED OR TRANSFERRED AT ANY TIME EXCEPT IN COMPLIANCE WITH (I) THE SECURITIES ACT, ANY APPLICABLE SECURITIES LAWS OF ANY STATE OR PROVINCE, AND ANY OTHER APPLICABLE SECURITIES LAWS; (II) THE TERMS AND CONDITIONS OF THIS THIRD AMENDED AND RESTATED LIMITED PARTNERSHIP AGREEMENT; AND (III) ANY OTHER TERMS AND CONDITIONS AGREED TO IN WRITING BETWEEN THE GENERAL PARTNER AND THE APPLICABLE LIMITED PARTNER. THE UNITS MAY NOT BE TRANSFERRED OF RECORD EXCEPT IN COMPLIANCE WITH SUCH LAWS; THIS THIRD AMENDED AND RESTATED LIMITED PARTNERSHIP AGREEMENT; AND ANY OTHER TERMS A

FIRST AMENDMENT TO FIFTH AMENDED AND RESTATED AGREEMENT
And Restated Agreement • May 6th, 2020 • Retail Properties of America, Inc. • Real estate investment trusts • Illinois

This First Amendment to Fifth Amended and Restated Credit Agreement (this “Amendment”) is made as of May 4, 2020, among RETAIL PROPERTIES OF AMERICA, INC., a corporation organized under the laws of the State of Maryland (the “Borrower”), KEYBANK NATIONAL ASSOCIATION, a national banking association, as administrative agent (the “Administrative Agent”) and each of the Lenders (as defined in the Loan Agreement referenced in the recitals below) party hereto.

AMENDED AND RESTATED AGREEMENT WITH RESPECT TO THE
And Restated Agreement • May 23rd, 2019 • Tennessee

THIS AMENDED AND RESTATED AGREEMENT WITH RESPECT TO THE DEVELOPMENT AND OPERATION OF A MUSEUM OF AFRICAN AMERICAN MUSIC (the

AMENDMENT NO. 2 TO THE AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST OF INVESCO DYNAMIC CREDIT OPPORTUNITIES FUND
And Restated Agreement • March 23rd, 2016 • Invesco Dynamic Credit Opportunities Fund

This Amendment No. 2 (“Amendment”) to the Amended and Restated Agreement and Declaration of Trust of Invesco Dynamic Credit Opportunities Fund amends, effective as of August 29, 2014, the Amended and Restated Agreement and Declaration of Trust of Invesco Dynamic Credit Opportunities Fund (the “Trust”) dated as of September 25, 2012 (the “Agreement”).

FIRST AMENDMENT TO AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST OF ELLSWORTH FUND LTD.
And Restated Agreement • July 17th, 2017 • Ellsworth Growth & Income Fund LTD

This First Amendment to Amended and Restated Agreement and Declaration of Trust (the “Declaration of Trust”) of Ellsworth Fund Ltd., a Delaware Statutory Trust (the “Trust”), is to be effective as of January 20, 2015 (the “Effective Date”).

AMENDMENT TO THE AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST OF EVERGREEN SELECT EQUITY TRUST
And Restated Agreement • November 28th, 2008 • Evergreen Select Equity Trust

The undersigned, constituting at least a majority of the Trustees of Evergreen Select Equity Trust (the “Trust”), a Delaware statutory trust created and existing under an Agreement and Declaration of Trust, as amended and restated on March 17, 2004 (the “Declaration of Trust”), having determined that it is desirable and appropriate to amend Section 1 of Article IV of the Declaration of Trust pursuant to their authority under Section 3 of Article VIII of the Declaration of Trust, do hereby direct that this Amendment be filed with the records of the Trust and do hereby delete and replace in its entirety Section 1 of Article IV of the Declaration of Trust with the following:

THIRD AMENDED AND RESTATED AGREEMENT
And Restated Agreement • April 29th, 2008 • Union Carbide Corp /New/ • Industrial organic chemicals • Texas

This THIRD AMENDED AND RESTATED AGREEMENT (“Agreement”), entered into as of March 1, 2008, between Union Carbide Corporation (“UCC”), a New York corporation, and Dow Hydrocarbons and Resources LLC (“DHR LLC”), a Delaware corporation, amends and restates that Second Amended and Restated Agreement of April 1, 2005, as amended as of January 1, 2008 (as so amended, the “Second Amended Agreement”), which amended and restated that certain agreement of February 6, 2001, as amended and restated as of July 1, 2003 . DHRI agrees to supply the UCC Group (as defined below) with certain products and services under the terms and conditions set forth below.

AMENDED AND RESTATED AGREEMENT BETWEEN
And Restated Agreement • July 6th, 2021 • San José

THIS AGREEMENT is effective on the 1st day of July, 2021 (the “Effective Date”), by and between the City of San José, a municipal corporation of the State of California ("CITY"), and Waste Connections of California, Inc. dba GreenTeam of San José, a California corporation ("CONTRACTOR").

AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF FOUNDATION CAPITAL PARTNERS I, LLLP, A GEORGIA LIMITED LIABILITY LIMITED PARTNERSHIP
And Restated Agreement • June 6th, 2003 • Foundation Capital Resources Inc • Real estate investment trusts • Georgia

THIS AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP is dated as of January 1, 2003, by and among FOUNDATION CAPITAL RESOURCES, INC., a Georgia corporation, as general partner (the “General Partner”), FOUNDATION MINISTRIES LOAN FUND, a wholly charitable trust organized under the laws of the State of Missouri (the “Initial Limited Partner”), and those additional persons who from time to time agree to be bound by this Agreement as Limited Partners.

AMENDMENT NO. 4 TO FIRST AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF SUNOCO LP June 6, 2016
And Restated Agreement • June 8th, 2016 • Sunoco LP • Wholesale-petroleum & petroleum products (no bulk stations)

This Amendment No. 4 (this “Amendment No. 4”) to the First Amended and Restated Agreement of Limited Partnership of Sunoco LP (the “Partnership”), dated as of September 25, 2012, as amended by Amendment No. 1 thereto dated as of October 27, 2014, Amendment No. 2 thereto dated as of July 31, 2015 and Amendment No. 3 thereto dated as of January 1, 2016 (as so amended, the “Partnership Agreement”) is hereby adopted effective as of June 6, 2016, by Sunoco GP LLC, a Delaware limited liability company (the “General Partner”), as general partner of the Partnership. Capitalized terms used but not defined herein have the meaning given such terms in the Partnership Agreement.

SECOND AMENDED AND RESTATED AGREEMENT AND CONSENT TO ASSIGNMENT
And Restated Agreement • October 5th, 2011 • XCel Brands, Inc. • Services-business services, nec • Pennsylvania

THIS SECOND AMENDED AND RESTATED AGREEMENT AND CONSENT TO ASSIGNMENT (this “Agreement”) is made as of September 28, 2011, by and among QVC, Inc. (“QVC”), a Delaware corporation, on the one hand, and IM Brands, LLC (“Company”), a Delaware limited liability company, IM Ready Made, LLC (“Assignor”), a New York limited liability company, XCel Brands, Inc. (“XCel”), a Delaware corporation, and Isaac Mizrahi (“Mizrahi”), an adult individual, on the other hand. (QVC, Company, Assignor, XCel and Mizrahi hereinafter are referred to collectively as the “Parties” and each individually as a “Party”, unless stated otherwise).

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AMENDED AND RESTATED AGREEMENT FOR EMPLOYMENT FOLLOWING A CHANGE OF CONTROL
And Restated Agreement • April 29th, 2014 • Gatx Corp • Transportation services • Illinois

AGREEMENT by and between GATX Corporation, a New York corporation (the "Company") and Thomas A. Ellman (the "Executive") dated as of the 1st day of January 2014.

AMENDED AND RESTATED AGREEMENT
And Restated Agreement • April 21st, 2016 • Arrogene, Inc • Blank checks • California

THIS AMENDED AND RESTATED AGREEMENT, dated as of March 31, 2016, is made and entered into by and between ARROGENE, INC., a Delaware corporation ("Company" or “Employer”) and JACK KAVANAUGH ("Consultant"). For the definition of certain terms used in this Agreement, see Section 6 below.

AMENDED AND RESTATED AGREEMENT
And Restated Agreement • February 18th, 2015

This Agreement will describe the terms whereby the Optionee will have the right to earn up to a 100% in the Lekcin mineral claims, including the claims as listed in Schedule 1 plus a 2.5 kilometre area of influence (common interest) measured from the outside perimeter of the claims but not including claims already held by third parties (the “Property”).

AMENDMENT TO AMENDED AND RESTATED AGREEMENT OF DECEMBER 31, 1998
And Restated Agreement • June 30th, 2006 • Bare Escentuals Inc • Pennsylvania

THIS AMENDMENT TO AMENDED AND RESTATED AGREEMENT OF DECEMBER 31, 1998 (“Amendment”) is effective as of January 29, 1999 by and between QVC, Inc., a Delaware corporation (“QVC”) and Dolphin Acquisition Corp., a California corporation (“Company”).

AMENDED AND RESTATED AGREEMENT IN LIEU OF TAXES
And Restated Agreement • November 2nd, 2020 • Kentucky

This Amended and Restated Agreement In Lieu of Taxes (this “Agreement”) is made effective as of the day of , 2020, by and among the City of Covington, Kentucky (the “City”), the County of Kenton, Kentucky (the “County”), the Covington Independent School (the “School District”), and 614 Madison YMCA LLC, a Kentucky limited liability company, and its successors, assigns and/or transferees (collectively the “Developer”); (the aforementioned are together referred to as the “Parties”):

NORCRAFT HOLDINGS, L.P. Second Amended and Restated Agreement of Limited Partnership Dated as of October 4, 2006
And Restated Agreement • November 14th, 2006 • Norcraft Companies Lp • Millwood, veneer, plywood, & structural wood members • Delaware

THIS SECOND AMENDED AND RESTATED AGREEMENT (the “Agreement”) of limited partnership of Norcraft Holdings, L.P., (the “Partnership”), dated as of October 4, 2006, is among Norcraft GP, L.L.C., a Delaware limited liability company, as the general partner (the “General Partner”) and each of the Persons (as hereinafter defined) from time to time party hereto as Limited Partners (as hereinafter defined) (together with the General Partner, the “Partners”).

FIRST KEYSTONE FINANCIAL, INC. AMENDED AND RESTATED AGREEMENT
And Restated Agreement • December 1st, 2008 • First Keystone Financial Inc • Savings institution, federally chartered • Pennsylvania

THIS AMENDED AND RESTATED AGREEMENT (the “Agreement”), between First Keystone Financial, Inc. (the “Corporation”), a Pennsylvania corporation, and Carol Walsh (the “Executive”), is hereby amended and restated effective as of December 1, 2008, provided that the effectiveness of this Agreement is subject to and conditioned upon the non-objection of the Office of Thrift Supervision (the “OTS”) as set forth below.

AMENDMENT NO. 7 TO FIRST AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF SUNOCO LP August 6, 2019
And Restated Agreement • August 8th, 2019 • Sunoco LP • Petroleum refining

This Amendment No. 7 (this “Amendment No. 7”) to the First Amended and Restated Agreement of Limited Partnership of Sunoco LP (the “Partnership”), dated as of September 25, 2012, as amended by Amendment No. 1 thereto dated as of October 27, 2014, Amendment No. 2 thereto dated as of July 31, 2015, Amendment No. 3 thereto dated as of January 1, 2016, Amendment No. 4 thereto dated as of June 6, 2016, Amendment No. 5 thereto dated as of March 30, 2017 and Amendment No. 6 thereto dated as of May 8, 2018 (as so amended, the “Partnership Agreement”) is hereby adopted effective as of August 6, 2019 by Sunoco GP LLC, a Delaware limited liability company (the “General Partner”), as general partner of the Partnership. Capitalized terms used but not defined herein have the meaning given such terms in the Partnership Agreement.

SECOND AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP FOR JAYTEE PROPERTIES LIMITED PARTNERSHIP THIS SECOND AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP (“Agreement”) is made and entered into by and between: Steven E. Trager, Trustee...
And Restated Agreement • February 14th, 2024 • Teebank Family LTD Partnership • State commercial banks • Kentucky

The Partners desire to amend, restate, and replace in its entirety, the existing amended and restated limited partnership agreement for Jaytee Properties Limited Partnership (the “Partnership”), and in consideration of their mutual agreements, they hereby agree as follows.

FIRST KEYSTONE FINANCIAL, INC. AMENDED AND RESTATED AGREEMENT
And Restated Agreement • May 17th, 2010 • First Keystone Financial Inc • Savings institution, federally chartered • Pennsylvania

THIS AMENDED AND RESTATED AGREEMENT (the “Agreement”), between First Keystone Financial, Inc. (the “Corporation”), a Pennsylvania corporation, and Carol Walsh (the “Executive”), is hereby amended and restated effective as of March 24, 2010, provided that the effectiveness of this Agreement is subject to and conditioned upon the non-objection of the Office of Thrift Supervision (the “OTS”) as set forth below.

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