First Modification Agreement definition

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. 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 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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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.

  • 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.

  • Oldcastle asserts that the First Modification Agreement and Second Modification Agreement were not executed among the same parties.Oldcastle, Ridgewood, GDC, and the VPMC Principals entered into the First Modification Agreement, whereas Oldcastle, Ridgewood, and GDC entered into the Second Modification Agreement.

  • We, thus, find that the Defendants properly raised a statute of limitations defense in its Motion to Dismiss, and proceed to discuss the merits of this issue.Oldcastle asserts that it filed each of its claims within the applicable statutes oflimitations because the claims did not accrue until December 2011, when it first discovered that VPMC had sold the Shops and failed to apply the proceeds toward the repayment of the loan, as required under the First Modification Agreement.

  • Here, it is apparent on the face of the First Modification Agreement itself that Oldcastle’s alleged injuries did not occur on August 3, 2008, for statute of limitation purposes.

  • Defendants first assert that to the extent that Oldcastle ever possessed any claims based on VPMC’s failure to sell the Shops under the First Modification Agreement, those claims accrued no later than August 3, 2008, when the Shops were not sold.

  • 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.

  • If, after the notice of default, the Instructing Party remains indebted of the owed sum augmented by the interest by right as provided for by article 6:119 of the Civil Code or the surcharge for loss caused by delay as provided for by article 6:119a of the Civil Code, Elite Game Servers has the right to pass on the claim.

  • Defendants next claim that the First Modification Agreement was superseded by the Second Modification Agreement.

  • 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.


More Definitions of First Modification Agreement

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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First Modification Agreement has the meaning set forth in the ---------------------------- preamble to this Agreement.
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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

  • Modification Agreement means any agreement between the Issuer (or the Servicer acting on its behalf) and a Supplier for the purchase and/or installation of a Required Modification or an Optional Modification.

  • 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 July 17, 2015, by and among the Borrower, the other Loan Parties, the Administrative Agent, the Lenders party thereto and the other parties thereto.

  • Reaffirmation Agreement means the Reaffirmation Agreement dated as of the Closing Date by the Borrower and the Guarantors to the Administrative Agent for the benefit of the Secured Parties.

  • 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 as used in this subsection means an agreement between Seller and any contractor or subcontractor to install the System;

  • 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.

  • Designation Agreement means, with respect to any Designated Subsidiary, an agreement in the form of Exhibit E hereto signed by such Designated Subsidiary and the Company.

  • 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.

  • 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;

  • 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

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