First Sample Contracts

FIRST AMENDMENT dated as of October 12, 2005 (this "Amendment"), to the FIVE YEAR CREDIT AGREEMENT dated as of December 15, 2004 (as amended, supplemented or otherwise modified from time to time, the "Credit Agreement"), among WATERS CORPORATION, a...
First • March 6th, 2006 • Waters Corp /De/ • Laboratory analytical instruments • New York
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FIRST AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF EMPIRE STATE REALTY OP, L.P. a Delaware limited partnership CERTAIN OF THE SECURITIES EVIDENCED HEREBY HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE...
First • November 12th, 2013 • Empire State Realty OP, L.P. • Delaware
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FIRST AMENDMENT
First • March 1st, 2007 • Nu Skin Enterprises Inc • Wholesale-drugs, proprietaries & druggists' sundries • New York

THIS FIRST AMENDMENT dated as of May 10, 2001 (this "Amendment") amends the Collateral Agency and Intercreditor Agreement dated as of October 12, 2000 (the "Intercreditor Agreement") among STATE STREET BANK AND TRUST COMPANY OF CALIFORNIA, N.A., as Collateral Agent, THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, as Senior Noteholder, and ABN AMRO BANK N.V., as Senior Lender. Unless otherwise defined herein, capitalized terms used herein have the respective meanings assigned to them in the Intercreditor Agreement.

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First • May 22nd, 2014 • Foresight Energy LP • Bituminous coal & lignite mining

THIS FIRST AMENDMENT (“Amendment”) TO COAL MINING LEASE AND SUBLEASE is made on June 30, 2011 and effective on April 1, 2011 (“Effective Date”), and is by and between COLT LLC (“Colt” or “Lessor”), a West Virginia limited liability company; and WILLIAMSON ENERGY, LLC (“Lessee”), a Delaware limited liability company, each a “Party” and collectively the “Parties.”

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First • May 9th, 2008 • Lazard Group LLC • Investment advice • Delaware

FIRST AMENDMENT dated as of May 7, 2008 (this “Amendment”), to the AMENDED AND RESTATED STOCKHOLDERS’ AGREEMENT dated as of November 6, 2006 (as further amended, supplemented or otherwise modified from time to time, the “A&R Stockholders’ Agreement”), among LAZ-MD HOLDINGS LLC, a Delaware limited liability company (“LAZ-MD”), LAZARD LTD, a Bermuda exempted company (“Lazard Ltd”), and certain other persons party thereto.

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First • April 13th, 2007 • Horsehead Holding Corp • New York

FIRST AMENDMENT dated as of January 18, 2006 (“Amendment”), to the SECOND LIEN FINANCING AGREEMENT, dated as of July 15, 2005 (as amended, modified or supplemented from time to time, the “Financing Agreement”), and First Amendment to the Post-Closing Letter (as defined in the Financing Agreement), among HORSEHEAD CORP. (f/k/a Horsehead Acquisition Corp.), a Delaware corporation (the “Company”), HORSEHEAD INTERMEDIARY CORP., a Delaware corporation (“Horsehead Intermediary”), CHESTNUT RIDGE RAILROAD CORP., a Delaware corporation (together with the Company and Horsehead Intermediary, the “Credit Parties”) and CML I, LLC (as successor by assignment to Contrarian Service Company, L.L.C.) (the “Lender”). Terms which are capitalized in this Amendment and not otherwise defined shall have the meanings ascribed to such terms in the Financing Agreement.

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First • April 24th, 2007 • Blockbuster Inc • Services-video tape rental • New York

FIRST AMENDMENT dated as of April 10, 2007 (this “Amendment”) to the Credit Agreement dated as of August 20, 2004, as amended and restated as of November 4, 2005 (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), among BLOCKBUSTER INC. (the “Borrower”), the Lenders from time to time parties thereto and JPMORGAN CHASE BANK, N.A., as administrative agent and collateral agent for such Lenders (in such capacity, the “Administrative Agent”).

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First • May 27th, 2011 • Forest Laboratories Inc • Pharmaceutical preparations
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FIRST AMENDMENT TO THE TIDAL ETF TRUST INVESTMENT ADVISORY AGREEMENT with TOROSO INVESTMENTS, LLC
First • June 2nd, 2023 • Tidal ETF Trust

THIS FIRST AMENDMENT dated as of April 27, 2023, to the Investment Advisory Agreement dated as of January 25, 2022 (the “Agreement”), entered into by and between TIDAL ETF TRUST (the “Trust”), on behalf of the series of the Trust as indicated on Schedule A to the Agreement, as may be amended from time to time (each, a “Fund,” and collectively, the “Funds”), and TOROSO INVESTMENTS, LLC (the “Adviser”).

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First • March 13th, 2018 • RenovaCare, Inc. • Surgical & medical instruments & apparatus

This FIRST AMENDMENT dated January 29, 2018 (this “Amendment”) to the Loan Agreement dated February 23, 2017 (the “Loan agreement”) by and between RENOVACARE, Inc., a Nevada corporation (the “Borrower”) and Kalen Capital Corporation (“Creditor”). All Capitalized terms used herein and not otherwise defined shall have the meaning ascribed thereto in the Loan Agreement.

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First • February 12th, 2021 • Expedia Group, Inc. • Transportation services • New York

FIRST AMENDMENT dated as of July 6, 2020 (this “Amendment”), to the AMENDED AND RESTATED CREDIT AGREEMENT dated as of May 5, 2020 (as heretofore amended, supplemented or otherwise modified, the “Credit Agreement”), among EXPEDIA GROUP, INC., a Delaware corporation, the Borrowing Subsidiaries from time to time party thereto, the LENDERS from time to time party thereto and JPMORGAN CHASE BANK, N.A., as Administrative Agent and London Agent.

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First • August 9th, 2010 • Skype S.a r.l. • New York

FIRST AMENDMENT dated as of February 23, 2010 (this “Amendment”), to the Credit Agreement dated as of November 19, 2009 (the “Credit Agreement”), among SKYPE GLOBAL S.ÀR.L. (formerly known as Springboard Group S.àr.l.) (“Holdings”), SPRINGBOARD FINANCE, L.L.C. (the “Borrower”), the Lenders from time to time party thereto (the “Lenders”), and JPMORGAN CHASE BANK, N.A., as administrative agent (in such capacity, the “Administrative Agent”).

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First • September 23rd, 2002 • Carpenter Technology Corp • Steel works, blast furnaces & rolling mills (coke ovens) • North Carolina

FIRST AMENDMENT dated as of September 3, 2002 (this “First Amendment”) to the Five-Year Credit Agreement dated as of November 20, 2001 (the “Credit Agreement”) among CARPENTER TECHNOLOGY CORPORATION, a Delaware corporation (“Carpenter”), CARPENTER TECHNOLOGY (UK) LIMITED, a company organized and existing under the laws of England and Wales (“Carpenter UK”), CERTECH INTERNATIONAL LIMITED, a company organized and existing under the laws of England and Wales (“Certech”), CARPENTER POWDER PRODUCTS AB, a company organized and existing under the laws of Sweden (“Carpenter Powder”), and CARPENTER TECHNOLOGY (EUROPE) S.A., a company organized and existing under the laws of Belgium (“Carpenter Belgium”), the banks and other financial institutions from time to time party hereto, and WACHOVIA BANK, NATIONAL ASSOCIATION (successor to First Union National Bank), as Administrative Agent, Issuing Lender and Swingline Lender.

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FIRST AMENDMENT dated as of June 21, 2013 (this
First • July 18th, 2013 • DOVER Corp • Construction, mining & materials handling machinery & equip • New York

The Borrowers have requested that the Lenders amend certain provisions of the Credit Agreement, and the Lenders are willing to amend the Credit Agreement, on the terms and subject to the conditions set forth herein. Capitalized terms used and not otherwise defined herein have the meanings assigned to them in the Credit Agreement.

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First • December 19th, 2006 • Aetna Inc /Pa/ • Hospital & medical service plans • New York

FIRST AMENDMENT dated as of December 13, 2006 (this “Amendment”), to the Amended and Restated Five-Year Credit Agreement dated as of January 20, 2006 (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), among AETNA INC., a Pennsylvania corporation (the “Borrower”); the LENDERS from time to time party thereto; and JPMORGAN CHASE BANK, N.A., as Administrative Agent (in such capacity, the “Administrative Agent”).

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FIRST AMENDMENT dated as of September 24, 2001, (this "Amendment") to the FIVE- YEAR CREDIT AGREEMENT dated as of October 28, 1999 (as amended, supplemented or otherwise modified from time to time, the "Five-Year Credit Agreement"), among CROMPTON...
First • November 13th, 2001 • Crompton Corp • Industrial organic chemicals • New York
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First • April 28th, 2006 • Dex Media, Inc./New • Miscellaneous publishing • New York

FIRST AMENDMENT dated as of April 24, 2006 (this “Amendment”), to the CREDIT AGREEMENT dated as of November 8, 2002, as amended and restated as of January 31, 2006 (as amended. supplemented or otherwise modified from time to time, the “Credit Agreement”), among DEX MEDIA, INC., DEX MEDIA EAST, INC., DEX MEDIA EAST LLC (the “Borrower”), the lenders from time to time party thereto (the “Lenders”), JPMORGAN CHASE BANK, N.A., as administrative agent and collateral agent (in such capacities, the “Agent”), and the other agents parties thereto.

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First • March 30th, 2007 • Land O Lakes Inc • Dairy products • New York

FIRST AMENDMENT dated as of February 20, 2007 (this “Amendment”), to the AMENDED AND RESTATED FIVE-YEAR REVOLVING CREDIT AGREEMENT dated as of October 11, 2001, as amended and restated as of August 29, 2006 (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), among LAND O’LAKES, INC., a cooperative corporation organized under the laws of the State of Minnesota (the “Borrower”), the several banks and other financial institutions from time to time party thereto (the “Lenders”), and JPMORGAN CHASE BANK, N.A., as administrative agent (in such capacity, the “Administrative Agent”).

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First • November 6th, 2006 • Fbo Air, Inc. • Airports, flying fields & airport terminal services • New York

FIRST AMENDMENT dated as of this 31st day of October, 2006 (this “Amendment”) by and between FBO Air, Inc., a Nevada corporation (the “Company”), and Jeffrey M. Trenk (the “Executive”) to the Employment Agreement dated as of April 1, 2005 (the “Employment Agreement”) by and between the Company and the Executive.

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First • August 2nd, 2019 • American Axle & Manufacturing Holdings Inc • Motor vehicle parts & accessories • New York

FIRST AMENDMENT dated as of July 29, 2019 (this “Amendment”), to the CREDIT AGREEMENT dated as of April 6, 2017 (as amended, supplemented or otherwise modified prior to the date hereof, the “Existing Credit Agreement”, and as further amended, supplemented or otherwise modified by this Amendment, the “Credit Agreement”; capitalized terms used and not defined herein shall have the meanings assigned to such terms in the Credit Agreement), among AMERICAN AXLE & MANUFACTURING, INC., a Delaware corporation (the “Borrower”), AMERICAN AXLE & MANUFACTURING HOLDINGS, INC., a Delaware corporation (the “Parent”), the LENDERS party thereto and JPMORGAN CHASE BANK, N.A., as Administrative Agent (the “Administrative Agent”).

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Restated and Amended LEASE TWO MERIDIAN CROSSINGS
First • January 14th, 2005 • SoftBrands, Inc.

THIS RESTATED AND AMENDED LEASE dated as of May 1, 1998, by and between MERIDIAN CROSSINGS II LLC, a Minnesota limited liability company (d/b/a TOLD Development Company) (“Landlord”), and FOURTH SHIFT CORPORATION, a Minnesota corporation (“Tenant”).

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First • March 28th, 2014 • BioFuel Energy Corp. • Industrial organic chemicals • Delaware

FIRST AMENDMENT dated as of March 27, 2014 (this “Amendment”), to the THIRD AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT of BIOFUEL ENERGY, LLC, a Delaware limited liability company (the “Company”), dated as of February 4, 2011 (the “LLC Agreement”), by and among BIOFUEL ENERGY CORP., a Delaware corporation, GREENLIGHT CAPITAL, L.P., a Delaware limited partnership, GREENLIGHT CAPITAL QUALIFIED, L.P., a Delaware limited partnership, GREENLIGHT CAPITAL (GOLD), LP, a Delaware limited partnership and Scott H. Pearce. Capitalized terms used in this Amendment shall have the meanings assigned to such terms in the LLC Agreement.

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Contract
First • May 13th, 2010 • TMS International Corp. • New York

FIRST AMENDMENT dated as of December 18, 2009 (this “Amendment”), to the Term Loan Credit Agreement dated as of January 25, 2007 (the “Credit Agreement”), among TUBE CITY IMS CORPORATION (the “Borrower”), METAL SERVICES HOLDCO LLC (“Holdings”), each subsidiary of the Borrower from time to time party thereto, the lenders from time to time party thereto and Credit Suisse AG, Cayman Islands Branch, as Administrative Agent and Collateral Agent.

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EXECUTION COPY FIRST AMENDMENT dated as of February 8, 1999 (this "Amendment"), to the Credit Agreement dated as of February 10, 1998 (the "Credit Agreement"), among NORTHEAST UTILITIES, an unincorporated voluntary business association organized under...
First • February 11th, 1999 • Northeast Utilities System • Electric services • New York
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First • December 21st, 2012 • Marathon Petroleum Corp • Petroleum refining • New York

FIRST AMENDMENT dated as of December 20, 2012 (this “Amendment”), to the REVOLVING CREDIT AGREEMENT dated as of September 14, 2012 (the “Credit Agreement”), among MARATHON PETROLEUM CORPORATION, a Delaware corporation, the LENDERS party thereto and JPMORGAN CHASE BANK, N.A., as Administrative Agent.

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FIRST AMENDMENT dated as of November 1, 2012 to the CREDIT AGREEMENT dated as of June 29, 2011, among TEAM HEALTH HOLDINGS, INC., as Holdings, TEAM HEALTH, INC., as the Borrower, JPMORGAN CHASE BANK, N.A., as Administrative Agent, Swing Line Lender...
First • November 5th, 2012 • Team Health Holdings Inc. • Services-help supply services • New York

FIRST AMENDMENT, dated as of November 1, 2012 (this “Amendment Agreement”), to the Credit Agreement, dated as of June 29, 2011 (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), among Team Health Holdings, Inc., a Delaware corporation (“Holdings”), Team Health, Inc., a Tennessee corporation (the “Borrower”), each lender from time to time party thereto (the “Lenders”), JPMorgan Chase Bank, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer, and Merrill Lynch, Pierce, Fenner & Smith Incorporated, as Syndication Agent (capitalized terms used but not defined herein having the meaning provided in the Credit Agreement).

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Contract
First • June 13th, 2016 • Camping World Holdings, Inc. • New York

FIRST AMENDMENT dated as of December 1, 2014 (this “Amendment”), to the Credit Agreement dated as of November 20, 2013 (the “Credit Agreement”), among CWGS GROUP, LLC, a Delaware limited liability company (the “Borrower”); CWGS ENTERPRISES, LLC, a Delaware limited liability company (“Holdings”); the lenders party thereto (the “Existing Lenders”); and GOLDMAN SACHS BANK USA, as Administrative Agent (the “Administrative Agent”).

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FIRST AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF EQT GP HOLDINGS, LP A Delaware Limited Partnership Dated as of May 15, 2015
First • May 15th, 2015 • EQT GP Holdings, LP • Natural gas transmission • Delaware

THIS FIRST AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF EQT GP HOLDINGS, LP dated as of May 15, 2015, is entered into by and among EQT GP Services, LLC, a Delaware limited liability company, as the General Partner, EQT Gathering Holdings, LLC, a Delaware limited liability company, and EQT GP Corporation, a Delaware corporation, together with any other Persons who become Partners in the Partnership or parties hereto as provided herein. In consideration of the covenants, conditions and agreements contained herein, the parties hereto hereby agree as follows:

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FIRST AMENDMENT TO LEASE
First • August 4th, 2014 • Senior Housing Properties Trust • Real estate investment trusts

THIS FIRST AMENDMENT TO LEASE (this “Amendment”) is entered into as of April 11, 2012, by and between FIFTY NORTHERN AVENUE LLC, a Delaware limited liability company (“Landlord”), and VERTEX PHARMACEUTICALS INCORPORATED, a Massachusetts corporation (“Tenant”).

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EXECUTION VERSION
First • February 20th, 2019 • Pitney Bowes Inc /De/ • Office machines, nec • New York

FIRST AMENDMENT dated as of December 14, 2018 (this “Amendment”) to the TERM LOAN FACILITY AGREEMENT dated as of August 30, 2017 (the “Term Loan Agreement”) between PITNEY BOWES INC., a corporation duly organized and validly existing under the laws of the State of Delaware and MUFG BANK, LTD., f/k/a The Bank of Tokyo­Mitsubishi UFJ, Ltd. (the “Lender”).

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Contract
First • December 29th, 2000 • Bergen Brunswig Corp • Wholesale-drugs, proprietaries & druggists' sundries • New York

FIRST AMENDMENT dated as of September 29, 2000 (this "Amendment"), to the Credit Agreement dated as of April 20, 2000 (the "Credit Agreement") among BERGEN BRUNSWIG CORPORATION (the "Company") BERGEN BRUNSWIG DRUG COMPANY, PHARMERICA, INC., the other BORROWING SUBSIDIARIES party hereto, the LENDERS party hereto, and THE CHASE MANHATTAN BANK, as Administrative Agent.

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First • March 17th, 2017 • Camping World Holdings, Inc. • Retail-auto dealers & gasoline stations • New York

FIRST AMENDMENT dated as of March 17, 2017 (this “Amendment”), to the Credit Agreement dated as of November 8, 2016 (the “Credit Agreement”), among CWGS GROUP, LLC, a Delaware limited liability company (the “Borrower”), CWGS ENTERPRISES, LLC, a Delaware limited liability company (“Holdings”), the lenders party thereto (the “Existing Lenders”) and GOLDMAN SACHS BANK USA, as Administrative Agent (in such capacity, the “Administrative Agent”).

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Contract
First • April 13th, 2007 • Horsehead Holding Corp • New York

FIRST AMENDMENT dated as of October 21, 2005 (“Amendment”), to the FINANCING AGREEMENT, dated as of July 15, 2005 (as the same may be amended, modified or supplemented from time to time, the “Financing Agreement”), among HORSEHEAD CORP. (f/k/a Horsehead Acquisition Corp.), a Delaware corporation (the “Company”), HORSEHEAD INTERMEDIARY CORP., a Delaware corporation (“Horsehead Intermediary”), CHESTNUT RIDGE RAILROAD CORP., a Delaware corporation (together with the Company and Horsehead Intermediary, the “Credit Parties”), THE CIT GROUP/BUSINESS CREDIT, INC. (“CIT”) and the other entities from time to time parties thereto as lenders (the “Lenders”) and CIT, as agent for the Lenders (the “Agent”). Terms which are capitalized in this Amendment and not otherwise defined shall have the meanings ascribed to such terms in the Financing Agreement.

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Contract
First • March 13th, 2018 • RenovaCare, Inc. • Surgical & medical instruments & apparatus

This FIRST AMENDMENT dated January 29, 2018 (this “Amendment”) to the Loan Agreement dated September 9, 2016 (the “Loan Agreement”) by and between RENOVACARE, Inc., a Nevada corporation (the “Borrower”) and Kalen Capital Corporation (“Payee”). All Capitalized terms used herein and not otherwise defined shall have the meaning ascribed thereto in the Loan Agreement.

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Contract
First • April 28th, 2006 • Dex Media, Inc./New • Miscellaneous publishing • New York

FIRST AMENDMENT dated as of April 24, 2006 (this “Amendment”), to the CREDIT AGREEMENT dated as of September 9, 2003, as amended and restated as of January 31, 2006 (as amended. supplemented or otherwise modified from time to time, the “Credit Agreement”), among DEX MEDIA, INC., DEX MEDIA WEST, INC., DEX MEDIA WEST LLC (the “Borrower”), the lenders from time to time party thereto (the “Lenders”), JPMORGAN CHASE BANK, N.A., as administrative agent and collateral agent (in such capacities, the “Agent”), and the other agents parties thereto.

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