Fifth Amending Agreement Sample Contracts

FIFTH AMENDING AGREEMENT Note Purchase Agreement dated May 29, 2008 Series G Senior Guaranteed Notes
Fifth Amending Agreement • March 7th, 2019 • Obsidian Energy Ltd. • Crude petroleum & natural gas • Alberta

THIS FIFTH AMENDING AGREEMENT dated as of March 6, 2019 (this “Agreement”) to the Note Purchase Agreement dated as of May 29, 2008 among Obsidian Energy Ltd. (formerly Penn West Petroleum Ltd.) (the “Company”) and the Purchasers listed in Schedule A attached thereto as holders (the “holders”) of the outstanding senior guaranteed notes (the “Notes”) of the Company issued thereunder, as amended by the First Amending Agreement dated December 2, 2010, the Limited Waiver, Amendment and Retention of Rights Acknowledgement Agreement dated August 15, 2014, the Second Amending Agreement dated May 22, 2015, the Third Amending Agreement dated August 23, 2017 and the Fourth Amending Agreement dated as of November 7, 2018 (as so amended, the “Note Purchase Agreement”).

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FIFTH AMENDING AGREEMENT
Fifth Amending Agreement • July 6th, 2006 • Falconbridge LTD • Primary smelting & refining of nonferrous metals

WHEREAS the Offeror mailed the Offer dated October 24, 2005 to purchase all outstanding Common Shares of the Company in accordance with Section 1.1(b) of the Support Agreement dated October 10, 2005 entered into between the Offeror and the Company, as amended by Amending Agreement dated January 12, 2006, Second Amending Agreement dated February 20, 2006, Third Amending Agreement dated March 21, 2006 and Fourth Amending Agreement dated May 13, 2006 (as amended from time to time, the “Support Agreement”);

FIFTH AMENDING AGREEMENT TO AMENDED AND RESTATED CREDIT AGREEMENT BETWEEN:
Fifth Amending Agreement • December 11th, 2019 • PRECISION DRILLING Corp • Drilling oil & gas wells
FIFTH AMENDING AGREEMENT
Fifth Amending Agreement • March 9th, 2020 • Vail Resorts Inc • Services-miscellaneous amusement & recreation • British Columbia

THIS FIFTH AMENDING AGREEMENT (the “Amendment”) is dated as of November 21, 2019 and is entered into between Whistler Mountain Resort Limited Partnership (“Whistler LP”), by its general partner, Whistler Blackcomb Holdings Inc. (the “Parent GP”), and Blackcomb Skiing Enterprises Limited Partnership (“Blackcomb LP” and together with Whistler LP, the “Borrowers”), by its general partner, Parent GP, the guarantors party hereto, each of the lenders party hereto, and The Toronto-Dominion Bank, as administrative agent (the “Administrative Agent”);

FIFTH AMENDING AGREEMENT TO AMENDED AND RESTATED TRUST DEED
Fifth Amending Agreement • February 26th, 2021 • Ontario
FIFTH AMENDING AGREEMENT IN RESPECT OF THE THIRD AMENDED AND RESTATED GULFSTREAM PARK LOAN AGREEMENT
Fifth Amending Agreement • September 15th, 2008 • Mi Developments Inc • Real estate • Florida

(being hereinafter called “MEC”), (the Remington Guarantor, the Palm Meadows Guarantor and MEC being hereinafter collectively called the “Original Guarantors”),

FIFTH AMENDING AGREEMENT
Fifth Amending Agreement • June 11th, 2018 • Canadian Pacific Railway LTD/Cn • Railroads, line-haul operating • Alberta
CDN.$2,475,000,000 REVOLVING TERM CREDIT FACILITY FIFTH AMENDING AGREEMENT MADE AS OF AUGUST 7, 2015 TO THE CREDIT AGREEMENT MADE AS OF AUGUST 3, 2011 BETWEEN ENBRIDGE INC. as Borrower AND THE FINANCIAL INSTITUTIONS AND OTHER PERSONS SET FORTH ON...
Fifth Amending Agreement • September 23rd, 2016 • Enbridge Inc • Pipe lines (no natural gas) • Alberta

THE FINANCIAL INSTITUTIONS SET FORTH ON THE SIGNATURE PAGES HEREOF UNDER THE HEADING “LENDERS:” (hereinafter sometimes collectively referred to as the “Lenders” and sometimes individually referred to as a “Lender”),

FIFTH AMENDING AGREEMENT TO
Fifth Amending Agreement • July 16th, 2023 • Ontario
ARTICLE III REPRESENTATIONS AND WARRANTIES
Fifth Amending Agreement • November 9th, 2000 • Potash Corporation of Saskatchewan Inc • Mining & quarrying of nonmetallic minerals (no fuels) • Ontario
FIFTH AMENDING AGREEMENT TO THE AMENDED AND RESTATED CREDIT AGREEMENT dated as of September 28, 2023 ALTALINK INVESTMENT MANAGEMENT LTD., in its capacity as general partner of ALTALINK INVESTMENTS, L.P., as Borrower, - and - ALTALINK INVESTMENT...
Fifth Amending Agreement • November 6th, 2023 • Midamerican Energy Co • Electric services • Alberta

FIFTH AMENDING AGREEMENT TO THE AMENDED AND RESTATED CREDIT AGREEMENT, dated as of September 28, 2023, among AltaLink Investment Management Ltd., in its capacity as general partner of AltaLink Investments, L.P., as Borrower, AltaLink Investment Management Ltd., as General Partner, Royal Bank of Canada, as Agent of the Lenders (the “Agent”), and the Lenders party hereto.

FIFTH AMENDING AGREEMENT
Fifth Amending Agreement • October 5th, 2009 • Baytex Energy Trust • Drilling oil & gas wells • Alberta

BAYTEX ENERGY LTD., a corporation amalgamated under the laws of the Province of Alberta (hereinafter referred to as the “Borrower”),

FIFTH AMENDING AGREEMENT TO UNANIMOUS SHAREHOLDERS’ AGREEMENT
Fifth Amending Agreement • February 28th, 2005 • Anchor Lamina Inc • Miscellaneous primary metal products • Ontario
FIFTH AMENDING AGREEMENT TO THE OBSIDIAN ENERGY LTD. AMENDED AND RESTATED CREDIT AGREEMENT
Fifth Amending Agreement • March 27th, 2020 • Obsidian Energy Ltd. • Crude petroleum & natural gas
RECITALS
Fifth Amending Agreement • November 8th, 2023 • LeddarTech Holdings Inc. • Services-prepackaged software • Quebec
FIFTH AMENDING AGREEMENT
Fifth Amending Agreement • November 7th, 2016 • ENERPLUS Corp • Crude petroleum & natural gas • Alberta

ENERPLUS CORPORATION, a corporation subsisting under the laws of the Province of Alberta, as borrower (hereinafter referred to as the "Borrower"),

FIFTH AMENDING AGREEMENT
Fifth Amending Agreement • December 13th, 2021 • Baytex Energy Corp. • Drilling oil & gas wells • Alberta

BAYTEX ENERGY CORP., a corporation amalgamated under the laws of the Province of Alberta (hereinafter referred to as the "Canadian Borrower"), and BAYTEX ENERGY USA, INC., a Delaware corporation (hereinafter referred to as the "U.S. Borrower" and together with the Canadian Borrower, collectively, the "Borrowers" and, individually, a "Borrower"),

FIFTH AMENDING AGREEMENT
Fifth Amending Agreement • November 7th, 2016 • Alberta

ENERPLUS CORPORATION, a corporation subsisting under the laws of the Province of Alberta, as borrower (hereinafter referred to as the "Borrower"),

Recitals
Fifth Amending Agreement • February 16th, 2021 • Iamgold Corp • Gold and silver ores • Ontario
BETWEEN: ABITIBI-CONSOLIDATED INC., (“ACI”) AND: ABITIBI-CONSOLIDATED COMPANY OF CANADA, (“ACCC”) (ACI and ACCC are hereinafter collectively referred to as the “Borrowers”) AND: THE LENDERS PARTY TO THE CREDIT AGREEMENT REFERRED TO BELOW,...
Fifth Amending Agreement • March 20th, 2008 • AbitibiBowater Inc. • Paper mills • Quebec

the Thorold Mill from December 30, 2007 (as provided in the Third Amending Agreement) to March 31, 2008, (iii) consider ACSC as a Designated Subsidiary under the Credit Agreement despite the fact that in the future it may cease to be a wholly-owned Subsidiary to ACI and, (iv) amend Section 2.2(b) of the Credit Agreement in order to remove the requirement that Borrowings may be obtained under Facility B only to the extent that Facility A is fully used at the time of such Borrowing.

FIFTH AMENDING AGREEMENT DATED AS OF DECEMBER 19, 2019 TO THE RESTATED CREDIT AGREEMENT DATED AS OF OCTOBER 5, 2017 AMONG MAXAR TECHNOLOGIES INC. as Borrower
Fifth Amending Agreement • March 2nd, 2020 • Maxar Technologies Inc. • Radio & tv broadcasting & communications equipment • New York

MAXAR TECHNOLOGIES INC., a publicly-traded corporation organized under the laws of the State of Delaware (hereinafter referred to as the “Borrower”)

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IMAX CORPORATION FIFTH AMENDING AGREEMENT
Fifth Amending Agreement • February 20th, 2014 • Imax Corp • Photographic equipment & supplies

WHEREAS, the Company wishes to enter into this Amending Agreement to amend and extend the Employment Agreement dated as of May 17, 1999 between Imax Ltd, the Company and Executive, as modified and amended by those Amending Agreements dated as of April 4, 2001, January 1, 2004, February 14th, 2006 and October 5th, 2006 (together, the “Agreement”), whereunder the Executive provides services to the Company, and the Executive wishes to so continue such engagement, as hereinafter set forth;

FIFTH AMENDING AGREEMENT RE: SECOND AMENDED AND RESTATED CREDIT AGREEMENT
Fifth Amending Agreement • November 23rd, 2016 • Fortis Inc. • Electric services • Ontario

(herein, in their capacities as lenders to the Borrower, collectively called the “Lenders” and individually called a “Lender”)

FIFTH AMENDING AGREEMENT
Fifth Amending Agreement • April 16th, 2019 • Accelerize Inc. • Services-business services, nec • British Columbia

WHEREAS the Borrower and the Lender have entered into a credit agreement dated as of January 25, 2018 (the “Original Credit Agreement”), as amended by a first amending agreement (the “First Amending Agreement”) dated as of May 31, 2018, a second amending agreement (the “Second Amending Agreement”) dated as of June 13, 2018, a third amending agreement (the “Third Amending Agreement”) dated as of August 31, 2018 and a fourth amending agreement (the “Fourth Amending Agreement”) dated as of dated January 23, 2019 (collectively, the "Credit Agreement");

IMAX CORPORATION FIFTH AMENDING AGREEMENT
Fifth Amending Agreement • March 17th, 2008 • Imax Corp • Photographic equipment & supplies

WHEREAS, the Company wishes to enter into this Amending Agreement to amend and extend the Employment Agreement dated as of May 17, 1999 between Imax Ltd, the Company and Executive, as modified and amended by those Amending Agreements dated as of April 4, 2001, January 1, 2004, February 14th, 2006 and October 5th, 2006 (together, the “Agreement”), whereunder the Executive provides services to the Company, and the Executive wishes to so continue such engagement, as hereinafter set forth;

FIFTH AMENDING AGREEMENT DATED AS OF DECEMBER 27, 2004.
Fifth Amending Agreement • March 24th, 2005 • Cascades Inc • Papers & allied products • Quebec

This Fifth Amending Agreement is made as of December 27, 2004 among Cascades Inc. (“Cascades”), Cascades SPG Holding Inc. (“Cascades SPG”), Cascades USA Inc. (“Cascades USA”), Cascades Europe SAS (formerly Cascades GPS S.A.) (“Cascades Europe”) and Cascades Arnsberg GmbH (“Cascades Germany”) (each a “Borrower” and, collectively the “Borrowers”), The Bank of Nova Scotia, a Canadian bank, as administrative agent and collateral agent (in such capacity, the “Agent”), and the financial institutions parties to the Credit Agreement referred to below as Lenders.

IMAX CORPORATION FIFTH AMENDING AGREEMENT
Fifth Amending Agreement • February 24th, 2016 • Imax Corp • Photographic equipment & supplies

WHEREAS, the Company wishes to enter into this Fifth Amending Agreement to amend and extend the Employment Agreement dated as of May 14, 2007 between the Company and Executive as modified and amended by the First Amending Agreement dated as of May 14, 2009, the Second Amending Agreement dated as of May 14, 2010, the Third Amending Agreement dated as of January 23, 2012, and the Fourth Amending Agreement dated as of May 15, 2014 (together, the “Agreement”), whereunder the Executive provides services to the Company, and the Executive wishes to so continue such engagement, on the terms set out under the Agreement as modified by this Fifth Amending Agreement.

THIS FIFTH AMENDING AGREEMENT is made as of December 3, 2020. AMONG:
Fifth Amending Agreement • December 14th, 2020 • I-Minerals Inc • Metal mining • British Columbia

i-minerals USA Inc., an Idaho limited liability company, having an office c/o the Company, at Suite 880 — 580 Hornby Street, Vancouver, British Columbia, Canada V6C 3B6

Contract
Fifth Amending Agreement • November 20th, 2007 • Quebecor Media Inc • Cable & other pay television services • Ontario

FIFTH AMENDING AGREEMENT to the Credit Agreement dated as of February 7, 2003, entered into in Toronto, Ontario, as amended by a First Amending Agreement dated as of December 2, 2003, a Second Amending Agreement dated as of October 12, 2004, a Third Amending Agreement dated as of January 17, 2006, and a Fourth Amending Agreement dated as of April 27, 2006, dated as of October 31, 2007

FIFTH AMENDING AGREEMENT TO FOURTH AMENDED AND RESTATED CREDIT AGREEMENT
Fifth Amending Agreement • January 15th, 2020 • Denison Mines Corp. • Miscellaneous metal ores • Ontario

WHEREAS the Obligors, the Lenders and the Administrative Agent entered into a fourth amended and restated credit agreement dated as of January 30, 2015, (as amended by amending agreements dated January 27, 2016, January 31, 2017, January 15, 2018 and April 9, 2018, the “Credit Agreement”);

FIFTH AMENDING AGREEMENT
Fifth Amending Agreement • January 16th, 2018 • British Columbia
FIFTH AMENDING AGREEMENT
Fifth Amending Agreement • November 7th, 2022 • Target Group Inc. • Medicinal chemicals & botanical products • Ontario

(hereinafter referred to as “Cannakorp”, which together with Visava and Canary shall be collectively referred to as the “Subsidiaries”)

FIFTH AMENDING AGREEMENT (Syndicated Term Credit Facility)
Fifth Amending Agreement • October 22nd, 2007 • Potash Corp of Saskatchewan Inc • Agricultural chemicals • Ontario

POTASH CORPORATION OF SASKATCHEWAN INC., a corporation subsisting under the laws of Canada (hereinafter referred to as the “Borrower”),

THIS FIFTH AMENDING AGREEMENT is made as of June 28, 2019. AMONG:
Fifth Amending Agreement • July 29th, 2019 • I-Minerals Inc • Metal mining

i-minerals USA Inc., an Idaho limited liability company, having an office c/o the Company, at Suite 880 — 580 Hornby Street, Vancouver, British Columbia, Canada V6C 3B6

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