THIRD AMENDMENT AGREEMENT AMENDMENT AGREEMENT ("AMENDMENT") dated as of March 18, 2016 to the Second Amended and Restated Committed Facility Agreement dated October 8, 2013 between BNP Paribas Prime Brokerage International, Ltd. ("PBL") and First...Third Amendment Agreement • June 19th, 2017 • First Trust Energy Income & Growth Fund • New York
THIRD AMENDMENT AGREEMENT Relating to the MASTER FINANCIAL ASSISTANCE FACILITY AGREEMENTThird Amendment Agreement • March 2nd, 2015
THIRD AMENDMENT AGREEMENT entered into as of the May 8, 2020 (the “Third Amendment”),Third Amendment Agreement • October 22nd, 2021 • Synergy CHC Corp. • Medicinal chemicals & botanical products • Quebec
WHEREAS the Borrower and the Lender are parties to that certain loan agreement made as of the 21st day of January, 2015, as amended by a first amending agreement dated November 12, 2015, as amended and restated as of the 9th day of August, 2017, as amended by a loan amendment agreement to the amended and restated loan agreement dated May 14, 2018 and as amended by a second amendment to the amended and restated loan agreement dated March 27, 2019 (such agreement, as amended, restated, amended and restated or otherwise modified from time to time as of the date hereof, the “Loan Agreement”);
THIRD AMENDMENT AGREEMENTThird Amendment Agreement • May 22nd, 2019 • Inpixon • Services-computer programming services • Nevada
This THIRD AMENDMENT AGREEMENT (this “Third Amendment”) is made and entered into as of May 22, 2019 (“Amendment Date”) by and between Sysorex, Inc., a Nevada corporation (the “Company”), and Inpixon, a Nevada corporation (the “Purchaser”). In this Third Amendment, the Company and the Purchaser are sometimes referred to singularly as a “party” and collectively as the “parties”. Capitalized terms not otherwise defined herein shall have the meanings set forth in the Note (as defined below) or the NPA (as defined below), as applicable.
ContractThird Amendment Agreement • January 16th, 2013 • Kansas City Southern De Mexico, S.A. De C.V. • Railroads, line-haul operating
THIRD AMENDMENT AGREEMENT to that certain Asset Pledge Agreement dated January 10, 2013 (this “Amendment Agreement”) entered into by and among Kansas City Southern de México, S.A. de C.V. (“KCSM”), Arrendadora KCSM, S. de R.L. de C.V. (“Arrendadora”), Highstar Harbor Holdings México, S. de R.L. de C.V. (“HHH”), MTC Puerta Mexico, S. de R.L. de C.V. (“MTC”), and Vamos a México, S.A. de C.V. (“VAM” and together with KCSM, Arrendadora, HHH and MTC, the “Pledgors” and each a “Pledgor”), JPMorgan Chase Bank, N.A., as Collateral Agent, acting on its own behalf and on behalf and for the benefit of the Secured Parties as pledgee (hereinafter, together with its successors or assigns, the “Pledgee”, and together with the Pledgors the “Parties”) (capitalized terms used and not defined herein shall have the meanings ascribed to them in the Original Asset Pledge Agreement (as defined below)).
EX-10.1 2 a18-13043_1ex10d1.htm EX-10.1 Execution Version THIRD AMENDMENT AGREEMENTThird Amendment Agreement • May 5th, 2020 • New York
THIRD AMENDMENT AGREEMENT dated as of May 7, 2018 (this “Third Amendment”) to the Second Amended and Restated Credit Agreement dated as of June 30, 2016 (as amended by the First Amendment, dated as of January 24, 2017, the Second Amendment, dated as of March 21, 2018, and as further amended, restated, amended and restated, supplemented or otherwise modified from time to time and immediately prior to the Third Amendment Effective Date (as defined below) (the “Credit Agreement” and as amended by this Third Amendment, the “Amended Credit Agreement”), among, inter alia, NRG Energy, Inc., a Delaware corporation (the “Borrower”), the Lenders from time to time parties thereto and Citicorp North America, Inc., as administrative agent (in such capacity and together with its successors, the “Administrative Agent”) and as collateral agent (in such capacity and together with its successors, the “Collateral Agent”).
THIRD AMENDMENT AGREEMENTThird Amendment Agreement • October 14th, 2010 • Unitil Corp • Electric & other services combined
This Third Amendment Agreement (this “Agreement” or the “Third Amendment”) is entered into as of the 13th day of October, 2009 by and among UNITIL CORPORATION, a New Hampshire corporation (the “Borrower”), each lender whose name appears on the signature page hereof (collectively the “Lenders” and each individually a “Lender”) and BANK OF AMERICA, N.A., as Administrative Agent and a Lender.
THIRD AMENDMENT AGREEMENTThird Amendment Agreement • March 3rd, 2003 • Versicor Inc /Ca • Pharmaceutical preparations
THIS THIRD AMENDMENT AGREEMENT dated as of January 28, 2003 (this "Amendment Agreement"), by and between VERSICOR INC., a Delaware corporation (the "Company"), and FLEET NATIONAL BANK (the "Bank").
THIRD AMENDMENT AGREEMENTThird Amendment Agreement • September 12th, 2013 • Terrace Ventures Inc • Mining & quarrying of nonmetallic minerals (no fuels)
THIRD AMENDMENT AGREEMENTThird Amendment Agreement • May 25th, 2010 • Shiloh Industries Inc • Metal forgings & stampings • Ohio
THIRD AMENDMENT AGREEMENTThird Amendment Agreement • June 14th, 2005 • Evergreen Holdings Inc • Air transportation, nonscheduled • New York
This THIRD AMENDMENT AGREEMENT, dated to be effective as of April 29, 2005 (this "Third Amendment"), to the Secured Loan Agreement, dated as of May 7, 1997 (the "Secured Loan Agreement"), among FINOVA Capital Corporation, Wilmington Trust Company, not in its individual capacity, except as expressly set forth therein, but solely as owner trustee ("Owner Trustee") under the Trust Agreement (as defined below), 747 Inc., an Oregon corporation ("747"), Delford M. Smith, a natural person, and King, Christian Inc., a Nevada corporation ("King Christian"), as amended by the Amendment Agreement, dated as of May 9, 2003, and as further amended by the Second Amendment Agreement, dated as of May 10, 2004 (as amended, the "Existing Secured Loan Agreement"), is hereby given by FINOVA CAPITAL CORPORATION, a Delaware corporation ("FINOVA"), WILMINGTON TRUST COMPANY, not in its individual capacity, but solely as Owner Trustee, EVERGREEN INTERNATIONAL AVIATION, INC., an Oregon corporation ("Aviation"),
THIRD AMENDMENT AGREEMENTThird Amendment Agreement • November 22nd, 2023 • Soluna Holdings, Inc • Finance services • New York
THIS THIRD AMENDMENT AGREEMENT, dated as of November 20, 2023 (this “Agreement”), is by and among and each purchaser identified on Schedule A hereto (each, including its successors and permitted assigns, a “Purchaser” and collectively, the “Purchasers”), and Soluna Holdings, Inc. (f/k/a Mechanical Technology, Incorporated), a Nevada corporation (the “Company” and together with the Purchasers each a “Party” and collectively the “Parties”).
THIRD AMENDMENT AGREEMENT among QC HOLDINGS, INC., as Borrower and THE LENDERS THAT ARE PARTIES HERETO and NOVEMBER 12, 2013Third Amendment Agreement • November 13th, 2013 • QC Holdings, Inc. • Functions related to depository banking, nec • Kansas
This Third Amendment Agreement (this “Agreement”), is made and entered into as of November 12, 2013, by and between QC HOLDINGS, INC., a Kansas corporation (the “Borrower”), the Lenders that are parties hereto (being hereinafter referred to individually as a “Lender” or collectively as the “Lenders”), and U. S. BANK NATIONAL ASSOCIATION, in its capacity as Agent (the “Agent”).
THIRD AMENDMENT AGREEMENT TO SECURED CONVERTIBLE NOTE DUE NOVEMBER 17, 2019Third Amendment Agreement • June 27th, 2019 • XpresSpa Group, Inc. • Services-personal services
This Third Amendment Agreement (this “Third Amendment”) to the Secured Convertible Note due November 17, 2019 (the “Note”), is made and entered into as of June 27, 2019, among XpresSpa Group, Inc., a Delaware corporation (the “Company”), and the Holders (as identified on the signature pages hereto), constituting a Majority in Interest (the “Specified Holders”). Capitalized terms used herein but not defined shall have the meaning ascribed to such terms in the Note.
THIRD AMENDMENT AGREEMENTThird Amendment Agreement • May 13th, 2014 • Samson Resources Corp • Crude petroleum & natural gas • New York
CREDIT AGREEMENT, dated as of December 21, 2011, among SAMSON INVESTMENT COMPANY, a Nevada corporation (the “Borrower”), (such terms and each other capitalized term used but not defined in this preamble having the meaning provided in Section 1), the banks, financial institutions and other lending institutions from time to time parties as lenders hereto (each a “Lender” and, collectively, the “Lenders”), JPMORGAN CHASE BANK, N.A., as Administrative Agent, Collateral Agent, Swingline Lender and a Letter of Credit Issuer, and each other Letter of Credit Issuer from time to time party hereto.
THIRD AMENDMENT AGREEMENTThird Amendment Agreement • September 7th, 2007 • Smucker J M Co • Canned, fruits, veg, preserves, jams & jellies • Ohio
THIRD AMENDMENT AGREEMENTThird Amendment Agreement • March 2nd, 2004 • Standard Register Co • Manifold business forms • Ohio
This THIRD AMENDMENT AGREEMENT (this “Amendment”) is made as of the 31st day of December, 2003, by and among THE STANDARD REGISTER COMPANY, an Ohio corporation (“Borrower”), the financial institutions named in Schedule 1 to the Credit Agreement, as hereinafter defined (collectively, the “Banks” and, individually, each a “Bank”), and KEYBANK NATIONAL ASSOCIATION, as lead arranger and administrative agent (“Agent”).
THIRD AMENDMENT AGREEMENTThird Amendment Agreement • January 16th, 2019 • Apricus Biosciences, Inc. • Pharmaceutical preparations • New York
THIRD AMENDMENT AGREEMENT, dated as of January 16, 2019 (this "Agreement"), by and among Seelos Therapeutics, Inc., a Delaware corporation, ("Seelos"), Apricus Biosciences, Inc., a Nevada corporation ("Apricus"), and the investor listed on the signature pages attached hereto (the "Investor"). All terms used and not defined herein are used as defined in the Securities Purchase Agreement and the Warrants (each as defined below), as applicable.
THIRD AMENDMENT AGREEMENTThird Amendment Agreement • October 4th, 2019 • Canterbury Park Holding Corp • Services-racing, including track operation • Minnesota
THIS THIRD AMENDMENT AGREEMENT (this “Amendment”) is made as of the 30th day of September, 2019, by and among CANTERBURY PARK ENTERTAINMENT LLC, a Minnesota limited liability company (the “Borrower”), CANTERBURY PARK HOLDING CORPORATION, a Minnesota corporation (the “Guarantor”), CANTERBURY PARK CONCESSIONS, INC., a Minnesota corporation (“Canterbury Concessions”), and BREMER BANK, NATIONAL ASSOCIATION, a national banking association (the “Lender”).
Third Amendment Agreement to Facility AgreementThird Amendment Agreement • August 7th, 2017 • Gener8 Maritime, Inc. • Deep sea foreign transportation of freight • New York
THIRD AMENDMENT AGREEMENT TO FACILITY AGREEMENT (this “Third Amendment Agreement”), dated 1 June 2017 by and among GENER8 MARITIME SUBSIDIARY VIII INC., a Marshall Islands corporation (the “Borrower”), the Owner Guarantors and Hedge Guarantors hereto, GENER8 MARITIME, INC., a Marshall Islands corporation (the “Parent Guarantor”), the Lenders party hereto from time to time, THE EXPORT-IMPORT BANK OF KOREA (the “KEXIM”), CITIBANK, N.A., LONDON BRANCH (the “ECA Agent”) and NORDEA BANK AB (PUBL), NEW YORK BRANCH (“Nordea”), as Facility Agent (in such capacity, the “Facility Agent”) and as Security Agent under the Security Documents (in such capacity, the “Security Agent”). Unless otherwise indicated, all capitalized terms used herein and not otherwise defined shall have the respective meanings provided such terms in the Facility Agreement referred to below.
THIRD AMENDMENT AGREEMENTThird Amendment Agreement • February 1st, 2024 • Sunpower Corp • Semiconductors & related devices
THIS THIRD AMENDMENT AGREEMENT, dated as of January 31, 2024 (this “Agreement”), by and among the undersigned Lenders and L/C Issuers constituting the Required Lenders (as such term is defined in the Existing Credit Agreement), Sol Holding, LLC, in its capacity as Second Amendment Revolving Lender (as such term is defined in the Existing Credit Agreement), SUNPOWER CORPORATION, a Delaware corporation (the “Borrower”), the Subsidiary Guarantors party hereto, and BANK OF AMERICA, N.A., as Administrative Agent and the Swingline Lender.
THIRD AMENDMENT AGREEMENTThird Amendment Agreement • April 5th, 2011 • Gibraltar Industries, Inc. • Steel works, blast furnaces & rolling & finishing mills • New York
THIRD AMENDMENT AGREEMENTThird Amendment Agreement • December 6th, 2019 • Information Services Group Inc. • Services-management consulting services • New York
THIRD AMENDMENT AGREEMENT (this “Agreement”) dated as of December 4, 2019 by and among (1) Information Services Group, Inc. (the “Borrower”), (2) International Advisory Holdings Corp., International Consulting Acquisition Corp., ISG Information Services Group Americas, Inc., Alsbridge Holdings, Inc., Alsbridge, Inc., Telewares, Inc., Outsourcing Leadership Corp. and TPI Eurosourcing, L.L.C. (collectively, the “Guarantors”), (3) the financial institutions party to the Credit Agreement (as defined below) as lenders (collectively, the “Lenders” and individually, a “Lender”), and (4) Bank of America, N.A. (“Bank of America”) as administrative agent (the “Administrative Agent”) for the Lenders and as Swingline Lender and L/C Issuer with respect to a certain Amended and Restated Credit Agreement dated as of December 1, 2016, by and among the Borrower, the Guarantors, the Lenders, the Administrative Agent, the Swingline Lender, the L/C Issuer and BMO Harris Bank N.A. as Syndication Agent, as
THIRD AMENDMENT AGREEMENTThird Amendment Agreement • September 20th, 2017 • S&W Seed Co • Agricultural production-crops • Ohio
THIRD AMENDMENT AGREEMENTThird Amendment Agreement • June 29th, 2007 • Renaissancere Holdings LTD • Fire, marine & casualty insurance
THIS THIRD AMENDMENT AGREEMENT (this “Amendment”), dated as of June 18, 2007, is among RENAISSANCERE HOLDINGS LTD. (the “Borrower”), the Lenders listed on the signature pages hereto, DEUTSCHE BANK AG NEW YORK BRANCH, as LC Issuer and BANK OF AMERICA, NATIONAL ASSOCIATION, as Administrative Agent for the Lenders.
THIRD AMENDMENT AGREEMENTThird Amendment Agreement • March 24th, 2011 • Somerset Hills Bancorp • State commercial banks
This Agreement amends that certain Employment Agreement by and between Somerset Hills Bancorp, a New Jersey corporation having its principal place of business located at 155 Morristown Road, Bernardsville, New Jersey 07924 (“Employer”) and Stewart E. McClure, Jr., an individual residing at 90 Springhill Road, Mendham, New Jersey 07945 (“Employee”) dated March 8, 2001 and amended on May 15, 2003 and September 26, 2007 (the “Employment Agreement”).
THIRD AMENDMENT AGREEMENTThird Amendment Agreement • September 21st, 2007 • Memry Corp • Surgical & medical instruments & apparatus • New York
THIRD AMENDMENT AGREEMENT (this “Agreement”) dated as of December 5, 2006 by and between Memry Corporation (the “Borrower”), a Delaware corporation, and Webster Business Credit Corporation (the “Lender”), amending a certain Credit and Security Agreement dated as of November 9, 2004 by and between the Borrower and the Lender as amended by that certain First Amendment Agreement dated as of November 9, 2005 and by a Second Amendment Agreement dated as of December 21, 2005 (as amended and in effect from time to time, the “Credit Agreement”).
THIRD AMENDMENT AGREEMENTThird Amendment Agreement • July 14th, 2004 • Gerber Scientific Inc • Special industry machinery, nec • Connecticut
THIRD AMENDMENT AGREEMENT (this "Agreement") dated as of July 9, 2004 by and among (1) Gerber Scientific, Inc. and Gerber Scientific International, Inc. (collectively, the "Borrowers"), (2) Gerber Venture Capital Corp., Gerber Coburn Optical International, Inc., Ultramark Adhesive Products, Ltd., Spandex Limited, Spandex Benelux BV, ND Graphic Products Limited, H. Brunner GmbH, and Gerber Scientific UK Ltd., (collectively, the "Guarantors"), (3) Fleet Capital Corporation ("Fleet Capital"), and the other financial institutions party to the Credit Agreement (as defined below) as lenders (collectively, the "Lenders" and individually, a "Lender"), (4) Fleet National Bank as issuing bank (the "Issuing Bank"), and (5) Fleet Capital, as administrative agent (the "Administrative Agent") for the Lenders with respect to a certain Credit and Security Agreement dated as of May 5, 2003 by and among the Borrowers, the Guarantors, the Lenders, the Issuing Bank and the Administrative Agent (the "Credi
THIRD AMENDMENT AGREEMENTThird Amendment Agreement • March 11th, 2005 • New World Restaurant Group Inc • Retail-eating places
THIRD AMENDMENT AGREEMENT, dated as of February 11, 2005 (this “Agreement”), to the Loan and Security Agreement, dated as of July 8, 2003 (as amended, supplemented or modified from time to time in accordance with its terms, the “Loan Agreement”), among the financial institutions named therein (the “Lenders”), AmSouth Bank, as agent (in such capacity, together with any successor in such capacity, the “Agent”), AmSouth Capital Corp., as administrative agent (in such capacity, together with any successor in such capacity, the “Administrative Agent”), New World Restaurant Group, Inc., a Delaware corporation (“New World”), Manhattan Bagel Company, Inc., a New Jersey corporation (“Manhattan Bagel”), Chesapeake Bagel Franchise Corp., a New Jersey corporation (“Chesapeake Bagel”), Willoughby’s Incorporated, a Connecticut corporation (“Willoughby’s”), Einstein and Noah Corp., a Delaware corporation (“Einstein”), Einstein/Noah Bagel Partners, Inc., a California corporation (“Einstein/Noah”) and
THIRD AMENDMENT AGREEMENTThird Amendment Agreement • December 7th, 2009 • Core Molding Technologies Inc • Plastics products, nec • Ohio
ContractThird Amendment Agreement • March 30th, 2009 • Kaiser Ventures LLC • Lessors of real property, nec
THIS THIRD AMENDMENT AGREEMENT (2000 L/C) (this “Agreement”) is dated as of May 1, 2007, by and between West Valley MRF, LLC, a California limited liability company (the “Borrower”) and Union Bank of California, N.A. (the “Bank”) and is being entered into in connection with the following:
THIRD AMENDMENT AGREEMENTThird Amendment Agreement • May 12th, 2022 • Vinco Ventures, Inc. • Games, toys & children's vehicles (no dolls & bicycles)
This THIRD AMENDMENT AGREEMENT (the “Agreement”), dated as of May 6, 2022, is made by and between Vinco Ventures, Inc., a Nevada corporation, with headquarters located at 6 North Main Street, Fairport, NY 14450 (the “Company”), Cryptyde, Inc. (“Cryptyde”) and the investor listed on the signature page attached hereto (the “Holder”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings set forth in the July Note (as defined below).
THIRD AMENDMENT AGREEMENTThird Amendment Agreement • March 27th, 2008 • Teletech Holdings Inc • Services-business services, nec • Ohio
ContractThird Amendment Agreement • January 15th, 2020 • Track Group, Inc. • Communications equipment, nec
THIRD AMENDMENT AGREEMENT between Conrent Invest S.A.acting on behalf of its compartment “Safety 2” as Lender and Track Group, Inc. as Borrower relating to the facility agreement dated 30 December 2013 as amended and restated on 30 June 2015, on 19 July 2018 and on 24 February 2019 10 January 2020
THIRD AMENDMENT AGREEMENT TO CREDIT FACILITY AGREEMENTThird Amendment Agreement • February 17th, 2005 • MFC Bancorp LTD • Security brokers, dealers & flotation companies
