And Restatement Agreement Sample Contracts

IMPORTANT NOTE:
And Restatement Agreement • April 27th, 2007 • Goodyear Tire & Rubber Co /Oh/ • Tires & inner tubes • New York
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Specific terms in this exhibit have been redacted because confidential treatment for those terms has been requested. The redacted material has been separately filed with the Securities and Exchange Commission, and the terms have been marked at the...
And Restatement Agreement • May 5th, 2020 • Oslo

This amendment and restatement agreement (“Amendment Agreement”), effective as of 31 December 2017, is made by and between Opera Software AS, a company incorporated under the laws of Norway whose registered office is at Gjerdrums vei 19, 0484, Oslo, Norway (“Opera”), and Google Ireland Limited, a company incorporated under the laws of Ireland whose principal place of business is at Gordon House, Barrow Street, Dublin 4 (“Google”).

AMENDMENT AND RESTATEMENT AGREEMENT Dated as of July 13, 2017
And Restatement Agreement • July 14th, 2017 • Cimpress N.V. • Commercial printing • New York

THIS AMENDMENT AND RESTATEMENT AGREEMENT (this “Agreement”) is made as of July 13, 2017 by and among Cimpress N.V. (the “Company”), Vistaprint Limited, Cimpress Schweiz GmbH, Vistaprint B.V. and Cimpress USA Incorporated (collectively, the “Subsidiary Borrowers” and, together with the Company, the “Borrowers”), the financial institutions listed on the signature pages hereof (collectively, the “Lenders”) and JPMorgan Chase Bank, N.A., in its capacity as administrative agent for the Lenders (the “Administrative Agent”), under that certain Credit Agreement dated as of October 21, 2011, as amended and restated as of February 8, 2013, by and among the Borrowers, the other Subsidiary Borrowers party thereto from time to time, the lenders party thereto and the Administrative Agent (as in effect on the date hereof, the “Existing Credit Agreement”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings given to them in the Restated Credit Agreement (a

AMENDMENT AND RESTATEMENT AGREEMENT
And Restatement Agreement • November 16th, 2020
Dated 16 September 2016
And Restatement Agreement • May 16th, 2017 • Aegean Marine Petroleum Network Inc. • Wholesale-petroleum & petroleum products (no bulk stations)
AMENDMENT TO LIMITED WAIVER, DEFERRAL AND AMENDMENT AND RESTATEMENT AGREEMENT
And Restatement Agreement • April 3rd, 2024 • Reed's, Inc. • Bottled & canned soft drinks & carbonated waters • New York

THIS AMENDMENT TO LIMITED WAIVER, DEFERRAL AND AMENDMENT AND RESTATEMENT AGREEMENT (this “Amendment”) is dated and effective as of April 1, 2024 between REED’S, INC., a Delaware corporation (the “Company”), the Holders party hereto, and WILMINGTON SAVINGS FUND SOCIETY, FSB, as Holder Representative and Collateral Agent (the “Agent”).

AMENDMENT AND RESTATEMENT AGREEMENT
And Restatement Agreement • December 7th, 2020

Capitalised terms used but not defined in this Agreement shall have the meanings given to them in the Co-operation Agreement

AMENDMENT AND RESTATEMENT AGREEMENT TO THE FIRST LOSS PORTFOLIO GUARANTEE AGREEMENT
And Restatement Agreement • December 11th, 2015
AMENDMENT AND RESTATEMENT AGREEMENT DATED 16 OCTOBER 2024 FOR CMB NV as the Borrower with CRÉDIT AGRICOLE CORPORATE AND INVESTMENT BANK KBC BANK NV SOCIÉTÉ GÉNÉRALE as Bookrunning Mandated Lead Arranger and BELFIUS BANK SA/NV DNB (UK) LIMITED ING...
And Restatement Agreement • October 23rd, 2024 • Compagnie Maritime Belge NV • Deep sea foreign transportation of freight

This Agreement is supplemental to and amends and restates a USD 3,200,000,000 bridge facilities agreement originally dated 20 November 2023 between among others, the Borrower, the Lenders, the Agent and KBC Bank NV as Security Agent, as further amended and restated on 28 June 2024 (the Bridge Facilities Agreement).

AMENDMENT AND RESTATEMENT AGREEMENTrelated to a senior facilities agreement originally dated 25 July 2014 Dated 19 June 2017 BETWEEN UNITYMEDIA HESSEN GMBH & CO. KGas Original BorrowerUNITYMEDIA GMBH UNITYMEDIA BW GMBHUNITYMEDIA HESSEN GMBH & CO. KG...
And Restatement Agreement • October 26th, 2017 • Liberty Global PLC • Cable & other pay television services • England and Wales

THIS AGREEMENT originally dated 25 July 2014 and as amended and restated by an amendment and restatement agreement dated 19 June 2017.

AMENDMENT AND RESTATEMENT AGREEMENT
And Restatement Agreement • April 22nd, 2021

”Amended Bond Terms” shall mean the Original Bond Terms as amended and restated by this Agreement, the terms of which are set out in Schedule 1 (Amended Bond Terms).

AMENDMENT AND RESTATEMENT AGREEMENT dated as of January 10, 2014
And Restatement Agreement • April 28th, 2014 • Cemex Sab De Cv • Cement, hydraulic

Citibank, N.A. (“Citibank”) and CEMEX, S.A.B. de C.V. (“Cemex”) have entered into a Master Terms and Conditions for Capped Call Transactions, dated as of March 24, 2010 (as from time to time supplemented, the “Master Confirmation”), and a Transaction as evidenced by the Amended and Restated Confirmation dated as of March 25, 2010 (the “Capped Call Confirmation” and, together with the Master Confirmation, the “Capped Call Agreement”), which is subject to a single agreement in the form of the ISDA Master Agreement (Multicurrency – Cross Border), as published by the International Swaps and Derivatives Association, Inc. (including the terms and elections related thereto in the Master Confirmation, the “Deemed Agreement”), deemed to exist between Citibank and Cemex pursuant to the Capped Call Agreement. Capitalized terms used but not defined herein shall have the meanings ascribed thereto in the Capped Call Agreement or the Deemed Agreement, as applicable.

Execution version
And Restatement Agreement • November 9th, 2021 • Pangaea Logistics Solutions Ltd. • Deep sea foreign transportation of freight

Certain confidential information contained in this document, marked by brackets, has been omitted because it is both (i) not material and (ii) would be competitively harmful if publicly disclosed.

ALIBABA GROUP HOLDING LIMITED as the Company CITICORP INTERNATIONAL LIMITED as Agent THIRD AMENDMENT AND RESTATEMENT AGREEMENT in respect of a US$4,000,000,000 Facility Agreement dated 9 March 2016 as amended by a syndication and amendment agreement...
And Restatement Agreement • July 21st, 2023 • Alibaba Group Holding LTD • Services-business services, nec • England

This Agreement is supplemental to and amends the facility agreement dated 9 March 2016 between, among others, the Company and the Agent, as amended by a syndication and amendment agreement dated 3 May 2016 between, among others, the Company and the Agent, and as further amended and restated by an amendment and restatement agreement dated 29 May 2019 between the Company and the Agent (the Original Facility Agreement).

Contract
And Restatement Agreement • November 8th, 2010 • Deltek, Inc • Services-computer programming services • New York

SECOND AMENDMENT AND RESTATEMENT AGREEMENT dated as of November 3, 2010 (this “Agreement”), to the Amended and Restated Credit Agreement dated as of August 24, 2009 (the “Existing Credit Agreement”) among DELTEK, INC., a Delaware corporation (the “Borrower”), the lenders party thereto (the “Existing Lenders”) and CREDIT SUISSE AG (“Credit Suisse”), as administrative agent (in such capacity, the “Administrative Agent”) and as collateral agent (in such capacity, the “Collateral Agent”) for the Existing Lenders.

EX-10.1 2 d291832dex101.htm AMENDMENT AND RESTATEMENT AGREEMENT EXECUTION VERSION
And Restatement Agreement • May 5th, 2020 • New York

SECOND AMENDMENT AND RESTATEMENT AGREEMENT dated as of February 2, 2012 (this “Agreement”), to the CREDIT AGREEMENT dated as of July 25, 2007, as amended and restated as of November 5, 2010 (the “Existing Credit Agreement”), among CHS/COMMUNITY HEALTH SYSTEMS, INC., a Delaware corporation, COMMUNITY HEALTH SYSTEMS, INC., a Delaware corporation, the Subsidiary Guarantors listed on the signature pages hereto, the Lenders listed on the signature pages hereto and CREDIT SUISSE AG, as Administrative Agent and Collateral Agent.

THIS AMENDMENT AND RESTATEMENT AGREEMENT TO THE mRNA VACCINE
And Restatement Agreement • August 26th, 2024

incorporated under the laws of South Africa and having its registered office at 15 Alexandra Road, Pinelands, 7405, Cape Town, South Africa (“Biovac”),

AMENDMENT AND RESTATEMENT AGREEMENT TO THE mRNA VACCINE TECHNOLOGY TRANSFER AGREEMENT
And Restatement Agreement • September 3rd, 2024

THE MEDICINES PATENT POOL FOUNDATION, a non-profit foundation registered under the laws of Switzerland, and having a principal place of business at Rue de Varembé 7, CH-1202 Geneva (“MPP”); and

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AMENDMENT AND RESTATEMENT AGREEMENT
And Restatement Agreement • December 4th, 2019
SECOND AMENDMENT AND RESTATEMENT AGREEMENT dated as of March 27, 2003 among EDWARDS LIFESCIENCES CORPORATION as Borrower The Lenders Party Hereto JPMORGAN CHASE BANK as Administrative Agent CREDIT SUISSE FIRST BOSTON, CAYMAN ISLANDS BRANCH AND...
And Restatement Agreement • May 15th, 2003 • Edwards Lifesciences Corp • Services-commercial physical & biological research • New York

SECOND AMENDMENT AND RESTATEMENT AGREEMENT dated as of March 27, 2003 (this "Amendment and Restatement"), in respect of the 364-DAY CREDIT AGREEMENT dated as of March 30, 2000, as amended through the date hereof (the "Existing Credit Agreement"), among EDWARDS LIFESCIENCES CORPORATION, a Delaware corporation (the "Company"); the LENDERS from time to time party hereto; JPMORGAN CHASE BANK, as Administrative Agent; CREDIT SUISSE FIRST BOSTON, CAYMAN ISLANDS BRANCH AND WACHOVIA BANK, N.A., as Co-Syndication Agents and THE BANK OF NOVA SCOTIA AND BANK OF AMERICA, N.A., as Co-Documentation Agents.

AMENDMENT AND RESTATEMENT AGREEMENT dated as of March 22,2006 among LIMITED BRANDS, INC., The Lenders Party Hereto JPMORGAN CHASE BANK, N.A., as Administrative Agent
And Restatement Agreement • March 31st, 2006 • Limited Brands Inc • Retail-women's clothing stores • New York

AMENDMENT AND RESTATEMENT AGREEMENT dated as of March 22, 2006 (this “Amendment and Restatement”). in respect of the AMENDED AND RESTATED FIVE-YEAR REVOLVING CREDIT AGREEMENT dated as of November 5, 2004 (the “Existing Credit Agreement”), amending and restating the Five-Year Revolving Credit Agreement dated as of October 6, 2004, among LIMITED BRANDS, INC., a Delaware corporation (the “Borrower”); the LENDERS from time to time party hereto (the “Lenders”): and JPMORGAN CHASE BANK, N.A., as Administrative Agent (in such capacity, the “Administrative Agent”).

AMENDMENT AND RESTATEMENT AGREEMENT TO THE mRNA VACCINE TECHNOLOGY TRANSFER AGREEMENT
And Restatement Agreement • August 20th, 2024

THE MEDICINES PATENT POOL FOUNDATION, a non-profit foundation registered under the laws of Switzerland, and having a principal place of business at Rue de Varembé 7, CH-1202 Geneva (“MPP”); and

Dated 1 December 2010 BANKSY SHIPPING COMPANY LIMITED HONGBO SHIPPING COMPANY LIMITED as Borrowers - and - TOP SHIPS INC. as Guarantor - and - DVB BANK AMERICA N.V. as Agent and as Security Trustee AMENDMENT AND RESTATEMENT AGREEMENT
And Restatement Agreement • April 12th, 2011 • Top Ships Inc. • Deep sea foreign transportation of freight

CLAUSE PAGE 1 INTERPRETATION 1 2 AGREEMENT OF THE CREDITOR PARTIES 2 3 REPRESENTATIONS AND WARRANTIES 2 4 CONDITIONS 3 5 AMENDMENT AND RESTATEMENT OF LOAN AGREEMENT, THE GUARANTEE AND THE OTHER FINANCE DOCUMENTS 4 6 FURTHER ASSURANCES 4 7 EXPENSES 5 8 NOTICES 5 9 MISCELLANEOUS 5 10 LAW AND JURISDICTION 5 EXECUTION PAGE 7 SCHEDULE 1 FORM OF AMENDED AND RESTATED LOAN AGREEMENT 8 SCHEDULE 2 FORM OF AMENDED AND RESTATED GUARANTEE 9

Contract
And Restatement Agreement • November 9th, 2004 • Advance Auto Parts Inc • Retail-auto & home supply stores • New York

AMENDMENT AND RESTATEMENT AGREEMENT dated as of November 3, 2004, among ADVANCE AUTO PARTS, INC., a Delaware corporation (“Holdings”), ADVANCE STORES COMPANY, INCORPORATED, a Virginia corporation (the “Borrower”), the Lenders party hereto, and JPMORGAN CHASE BANK, as Administrative Agent, under the Amended and Restated Credit Agreement dated as of December 5, 2003, among Holdings, the Borrower, the lenders referred to therein and the Administrative Agent, as in effect on the date hereof (the “Existing Credit Agreement”).

AMENDMENT AND RESTATEMENT AGREEMENT
And Restatement Agreement • November 25th, 2021
AMENDED AND RESTATED TERM LOAN AND REVOLVING CREDIT AGREEMENT dated as of April 8, 2005 among THE GOODYEAR TIRE & RUBBER COMPANY GOODYEAR DUNLOP TIRES EUROPE B.V. GOODYEAR DUNLOP TIRES GERMANY GMBH GOODYEAR GMBH & CO. KG DUNLOP GMBH & CO. KG GOODYEAR...
And Restatement Agreement • May 4th, 2005 • Goodyear Tire & Rubber Co /Oh/ • Tires & inner tubes • New York

AMENDED AND RESTATED TERM LOAN AND REVOLVING CREDIT AGREEMENT dated as of April 8, 2005, among THE GOODYEAR TIRE & RUBBER COMPANY; GOODYEAR DUNLOP TIRES EUROPE B.V.; GOODYEAR DUNLOP TIRES GERMANY GMBH; GOODYEAR GMBH & CO. KG; DUNLOP GMBH & CO. KG; GOODYEAR LUXEMBOURG TIRES S.A.; the LENDERS party hereto; J.P. MORGAN EUROPE LIMITED, as Administrative Agent; and JPMORGAN CHASE BANK, N.A., as Collateral Agent.

LIMITED LIABILITY PARTNERSHIP
And Restatement Agreement • March 16th, 2005 • Ace LTD • Fire, marine & casualty insurance
AMENDMENT AND RESTATEMENT AGREEMENT
And Restatement Agreement • July 6th, 2021
AMENDMENT AND RESTATEMENT AGREEMENT
And Restatement Agreement • December 3rd, 2018 • New York

This AMENDMENT AND RESTATEMENT AGREEMENT (this “Amendment Agreement”) is made as of November 29, 2018 between Precipio, Inc., a Delaware corporation (the “Company”) and the Investors set forth in Exhibit A attached hereto (each an “Investor” and collectively, the “Investors”).

AMENDMENT AND RESTATEMENT AGREEMENT Dated as of May 4, 2016
And Restatement Agreement • May 10th, 2016 • Weatherford International PLC • Oil & gas field machinery & equipment • New York
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