Credit Agreement Amendment Sample Contracts

BETWEEN:
Credit Agreement Amendment • May 3rd, 2006 • Telvent Git S A • Services-business services, nec
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AMENDMENT Dated as of May 3, 2006
Credit Agreement Amendment • May 9th, 2006 • Carolina Power & Light Co • Electric services • New York

Reference is made to the Credit Agreement, dated as of March 28, 2005 (the “Credit Agreement”), among Carolina Power & Light Company d/b/a Progress Energy Carolinas, Inc. (the “Company”), the Lenders and Wachovia Bank, N.A., as Administrative Agent (the “Administrative Agent”). Capitalized terms used herein and not otherwise defined herein have the meanings given such terms in the Credit Agreement. The Company has requested, and the Lenders have agreed, that the Credit Agreement be amended as provided below.

AMENDING AGREEMENT NO. 1
Credit Agreement Amendment • April 1st, 2019 • Hudbay Minerals Inc. • Metal mining • Ontario

WHEREAS the Borrower, certain of its Subsidiaries, the Agent and certain financial institutions as lenders entered into a fourth amended and restated credit agreement dated as of July 14, 2017 (as further amended, modified, supplemented or replaced to the date hereof, the "Credit Agreement");

SECOND AMENDMENT
Credit Agreement Amendment • October 26th, 2005 • Ikon Office Solutions Inc • Wholesale-computers & peripheral equipment & software • New York

THIS SECOND AMENDMENT (this “Amendment”), is made and entered into as of this 20th day of October, 2005, with an effective date as set forth in Section 3 hereof, by and among IKON OFFICE SOLUTIONS, INC., an Ohio corporation (the “US Borrower”), IKON OFFICE SOLUTIONS GROUP PLC (Company number 2803484), a company organized under the laws of England and Wales (the “UK Borrower” and, collectively with the US Borrower, the “Borrowers”), the Domestic Subsidiaries of the US Borrower listed on the signature pages hereto (the “Guarantors”), the Lenders party to the Credit Agreement referred to below (the “Lenders”), WACHOVIA BANK, NATIONAL ASSOCIATION, as Administrative Agent for the Lenders (the “Administrative Agent”), DEUTSCHE BANK SECURITIES INC., as Syndication Agent, PNC BANK NATIONAL ASSOCIATION, as Syndication Agent, GENERAL ELECTRIC CAPITAL CORPORATION, as Documentation Agent and THE ROYAL BANK OF SCOTLAND PLC, as Documentation Agent.

AMENDMENT Dated as of May 8, 2012
Credit Agreement Amendment • May 11th, 2012 • FirstEnergy Solutions Corp. • Electric services • Ohio

Reference is made to the Credit Agreement, dated as of June 17, 2011 (the “Credit Agreement”), among FirstEnergy Corp., The Cleveland Electric Illuminating Company, Metropolitan Edison Company, Ohio Edison Company, Pennsylvania Power Company, The Toledo Edison Company, American Transmission Systems, Incorporated, Jersey Central Power & Light Company, Monongahela Power Company, Pennsylvania Electric Company, The Potomac Edison Company and West Penn Power Company, as the Borrowers, The Royal Bank of Scotland plc, as Administrative Agent for the Lenders thereunder, the fronting banks party thereto, the swing line lenders party thereto and the Lenders party thereto. Capitalized terms used herein and not otherwise defined herein have the meanings given such terms in the Credit Agreement.

AMENDMENT NO. 1
Credit Agreement Amendment • August 4th, 2009 • Discovery Communications, Inc. • Cable & other pay television services • New York

This AMENDMENT NO. 1, dated as of May 14, 2009 (this “Agreement”), among DISCOVERY COMMUNICATIONS HOLDING, LLC, a Delaware limited liability company (the “Borrower”), the Lenders (such capitalized term and all other capitalized terms not otherwise defined herein to have the meanings provided in Article I below) who are signatories to this Agreement, and BANK OF AMERICA, N.A., as administrative agent (in such capacity, the “Administrative Agent”) for the Lenders.

Contract
Credit Agreement Amendment • July 2nd, 2014 • American Honda Finance Corp • Personal credit institutions • Ontario

AMENDMENT dated as of June 30, 2014 between HONDA CANADA FINANCE INC., a Canada corporation (the “Borrower”) and CANADIAN IMPERIAL BANK OF COMMERCE, as administrative agent, for and on behalf of the Banks party to the Credit Agreement (as defined below) (the “Administrative Agent”).

Contract
Credit Agreement Amendment • August 5th, 2022 • Kla Corp • Optical instruments & lenses • New York

Reference is made to the Credit Agreement dated as of June 8, 2022 (the “Credit Agreement”), among KLA Corporation, a Delaware corporation (the “Company”), the lenders party thereto and JPMorgan Chase Bank, N.A., as Administrative Agent. Capitalized terms used but not defined herein have the meanings assigned to them in the Credit Agreement.

AMENDING AGREEMENT NO. 2
Credit Agreement Amendment • April 1st, 2019 • Hudbay Minerals Inc. • Metal mining • Ontario

WHEREAS the Borrower, certain of its Affiliates, the Agent and certain financial institutions as lenders entered into a second amended and restated credit agreement dated as of July 14, 2017 as amended as of May 15, 2018 (as further amended, modified, supplemented or replaced to the date hereof, the "Credit Agreement");

AMENDMENT NO. 4
Credit Agreement Amendment • May 14th, 2001 • Sequa Corp /De/ • Aircraft engines & engine parts • New York

AMENDMENT NO. 4 dated as of March 16, 2001 (this "Agreement") among SEQUA CORPORATION (the "Borrower"), the LENDERS party hereto and THE CHASE MANHATTAN BANK, as Administrative Agent (in such capacity, the "Administrative Agent").

AMENDMENT NO. 1
Credit Agreement Amendment • November 9th, 2004 • Landrys Restaurants Inc • Retail-eating places • Texas

This Amendment No. 1 dated as of October 22, 2004 (“Agreement”) is among Landry’s Restaurants, Inc., a Delaware corporation (“Borrower”), the lenders from time to time party to the Credit Agreement described below (“Lenders”), and Bank of America, N.A., as administrative agent for the Lenders (“Administrative Agent”) under the Credit Agreement.

Contract
Credit Agreement Amendment • February 15th, 2006 • American Media Operations Inc • Periodicals: publishing or publishing & printing • New York

AMENDMENT AND WAIVER, dated as of February 13, 2006 (this “Amendment”), among AMERICAN MEDIA, INC. (“Holdings”), AMERICAN MEDIA OPERATIONS, INC. (the “Borrower”), the lenders party hereto, and JPMORGAN CHASE BANK, N.A., as administrative agent (in such capacity, the “Administrative Agent”).

January 29, 2016
Credit Agreement Amendment • February 23rd, 2016 • Vitamin Shoppe, Inc. • Retail-food stores • New York

Reference is made to that certain Amended and Restated Loan and Security Agreement dated as of January 20, 2011, by and among Vitamin Shoppe Industries Inc., a New York corporation (the “Administrative Borrower”), VS Direct Inc., a Delaware corporation (“VS Direct”), Vitamin Shoppe Mariner, Inc., a Delaware corporation (“VS Mariner”), Vitamin Shoppe Global, Inc., a Delaware corporation (“VS Global”), VS Hercules LLC, a Delaware limited liability company (“VS Hercules”), FDC Vitamins, LLC, a Delaware limited liability company (“FDC Vitamins”), Betancourt Sports Nutrition, LLC, a Florida limited liability company (“BSN”), Vitamin Shoppe Procurement Services, Inc., a Delaware corporation (collectively with Administrative Borrower, VS Direct, VS Mariner, VS Global, VS Hercules, FDC Vitamins and BSN, the “Borrowers”, and each individually, a “Borrower”), Vitamin Shoppe, Inc., a Delaware corporation (the “Parent”), as a Guarantor, the other Guarantors party thereto and JPMorgan Chase Bank, N

AMENDMENT NO. 1
Credit Agreement Amendment • March 1st, 2006 • Cano Petroleum, Inc • Crude petroleum & natural gas • Texas

This Amendment No. 1 (“Agreement”) dated as of February 24, 2006 (“Effective Date”) is among Cano Petroleum, Inc., a Delaware corporation (“Borrower”), the lenders party hereto from time to time (“Lenders”), and Union Bank of California, N.A., as administrative agent for such Lenders (in such capacity, the “Administrative Agent”) and as issuing lender for such Lenders (in such capacity, the “Issuing Lender”).

FIRST AMENDMENT
Credit Agreement Amendment • July 24th, 2015 • Forward Air Corp • Arrangement of transportation of freight & cargo

This FIRST AMENDMENT (this “Amendment”) dated as of June 19, 2015 is among Forward Air Corporation, a Tennessee corporation (the “Parent Borrower”), Forward Air, Inc., a Tennessee corporation (the “Subsidiary Borrower”; and together with the Parent Borrower, the “Borrowers”), the Guarantors identified on the signature pages hereto, the Lenders identified on the signature pages hereto and Bank of America, N.A., as administrative agent (in such capacity, the “Administrative Agent”).

Contract
Credit Agreement Amendment • December 20th, 2001 • Hickok Inc • Industrial instruments for measurement, display, and control

August 1,200l Gregory M. Zoloty Vice President Hickok Incorporated 10514 Dupont Avenue Cleveland, Ohio 44108-1399 Dear Mr. Zoloty: Currently Hickok Inc.‘s credit agreement requires the company to maintain $7MM in working capital. Due to a downturn in business, the company projects violating the covenant at 6-30-01 (which is their third quarter) when working capital is projected to be $6.9MM. Company prepared projections show the company being in compliance by 9-30-O1. Huntington National Bank will amend the working capital covenant to $6MM until 12-31-01 at which time it will revert to $7MM. Please acknowledge acceptance of this amendment by signing the enclosed copy of this letter and return to me in the enclosed envelope. Sincerely, /s/ TERRY D. CORENO Terry D. Coreno Vice President Bob Bauman /s/ ROBERT L. BAUMAN 8/3/01 Agree to the amendment above Date

AMENDMENT NO. 1
Credit Agreement Amendment • October 5th, 2004 • Lyondell Chemical Co • Industrial organic chemicals • New York

This Amendment No. 1 dated as of September 30, 2004 ("Amendment") is among LYONDELL-CITGO Refining LP, a Delaware limited partnership (the "Borrower"), Credit Suisse First Boston, as administrative agent for the Lenders ("Agent"), and the lenders listed on the signature pages to this Amendment ("Lenders").

AMENDMENT NO. 1
Credit Agreement Amendment • July 15th, 2020 • Delta Air Lines, Inc. • Air transportation, scheduled • New York

AMENDMENT NO. 1 dated as of April 3, 2020 (this “Agreement”) between Delta Air Lines, Inc., a Delaware corporation (the “Company”) and JPMorgan Chase Bank, N.A. (“JPMCB”), as administrative agent (in such capacity, the “Administrative Agent”). Capitalized terms used but not defined herein shall have the meanings assigned to such terms in the Credit Agreement referred to below.

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AMENDMENT NO. 2
Credit Agreement Amendment • September 4th, 2013 • KOHLS Corp • Retail-department stores • New York

This AMENDMENT NO. 2 , dated as of June 21, 2013 (this “Agreement”; capitalized terms used herein without definition having the meanings provided in Article I), is entered into among KOHL'S CORPORATION, a Wisconsin corporation (the “Borrower”), each Lender a party hereto and BANK OF AMERICA, N.A., as administrative agent (in such capacity, the “Administrative Agent”) for the Lenders.

AMENDMENT NO. 1
Credit Agreement Amendment • August 9th, 2011 • Discovery Communications, Inc. • Cable & other pay television services • New York

This AMENDMENT NO. 1, dated as of August 8, 2011 (this “Agreement”), is entered into among DISCOVERY COMMUNICATIONS, LLC, a Delaware limited liability company (the “Borrower”), DISCOVERY COMMUNICATIONS, INC., a Delaware corporation (the “Guarantor”), each Lender a party hereto and BANK OF AMERICA, N.A., as administrative agent (in such capacity, the “Administrative Agent”) for the Lenders. Capitalized terms used in this Agreement without definition shall have the meanings provided in Article I.

February 26, 2010
Credit Agreement Amendment • June 24th, 2010 • Transcat Inc • Instruments for meas & testing of electricity & elec signals

Reference is made to the Credit Agreement dated as of November 21, 2006 between Transcat, Inc. (the “Borrower”) and JPMorgan Chase Bank, N.A. (the “Lender”), as amended as of August 14, 2008 by Amendment Number One to Credit Agreement (collectively, the “Credit Agreement”). Terms used but not otherwise defined herein shall have the meanings ascribed thereto in the Credit Agreement.

Contract
Credit Agreement Amendment • March 15th, 2024 • Flutter Entertainment PLC • Services-computer programming, data processing, etc.
AMENDMENT Dated as of September 26, 2017
Credit Agreement Amendment • November 3rd, 2017 • Entergy Texas, Inc. • Electric services • New York

Reference is made to the Amended and Restated Credit Agreement, dated as of November 20, 2015, as amended by the Amendment dated as of June 30, 2016 (the “Credit Agreement”), among Entergy New Orleans, Inc. (the “Borrower”), the Lenders and LC Issuing Banks parties thereto, and Bank of America, N.A., as Administrative Agent. This amendment of the Credit Agreement is hereinafter referred to as this “Amendment”, and the Credit Agreement, as amended by this Amendment, is referred to as the “Amended Credit Agreement”. Capitalized terms used herein and not otherwise defined herein have the meanings given such terms in the Credit Agreement.

SECOND AMENDING AGREEMENT
Credit Agreement Amendment • February 29th, 2016 • Canadian Pacific Railway LTD/Cn • Railroads, line-haul operating • Alberta

ROYAL BANK OF CANADA, a Canadian chartered bank, as administration agent of the Lenders (hereinafter referred to as the "Agent"),

FIRST AMENDMENT AND CONSENT
Credit Agreement Amendment • May 17th, 2011 • Swift Energy Co • Crude petroleum & natural gas • Texas

This FIRST AMENDMENT AND CONSENT ("Amendment") dated as of May 12, 2011 (the "Effective Date"), is by and among Swift Energy Company, a Texas corporation ("Swift Co"), and Swift Energy Operating, LLC, a Texas limited liability company ("Swift LLC"; and together with Swift Co, individually, a "Borrower" and, collectively, the "Borrowers"), the Lenders party hereto, and JPMorgan Chase Bank, N.A., as administrative agent for the Lenders (in such capacity, the "Administrative Agent").

CONFORMING CHANGES AMENDMENT
Credit Agreement Amendment • August 3rd, 2023 • Omega Healthcare Investors Inc • Real estate investment trusts

THIS CONFORMING CHANGES AMENDMENT (this “Agreement”), dated as of June 7, 2023, is entered into by Bank of America, N.A., as administrative agent (“Administrative Agent”), and OMEGA HEALTHCARE INVESTORS, INC., a Maryland corporation, as borrower (“Borrower”).

EX-10.1 2 d106817dex101.htm EX-10.1 EXECUTION VERSION EXTENSION AND INCREMENTAL AMENDMENT
Credit Agreement Amendment • May 5th, 2020 • New York

This EXTENSION AND INCREMENTAL AMENDMENT, dated as of January 26, 2016 (this “Amendment”), is entered into by and among BRIGHT HORIZONS FAMILY SOLUTIONS LLC, a Delaware limited liability company (the “Borrower”), GOLDMAN SACHS BANK USA (“GS Bank”), as administrative agent (in such capacity, the “Administrative Agent”), Swing Line Lender and L/C Issuer, each Extending Revolving Credit Lender (as defined below) party hereto and each Incremental Revolving Credit Lender (as defined below) party hereto and amends the Credit Agreement, dated as of January 30, 2013, by and among the Borrower, BRIGHT HORIZONS CAPITAL CORP., a Delaware corporation (“Holdings”), GS Bank, as Administrative Agent, Swing Line Lender and L/C Issuer, the Lenders and the other parties party thereto from time to time (as amended by Amendment No. 1 to Credit Agreement, dated as of November 19, 2014, and the Incremental Joinder to Credit Agreement, dated as of December 9, 2014, the “Credit Agreement”). The Credit Agreeme

Contract
Credit Agreement Amendment • April 25th, 2013 • DJO Finance LLC • Orthopedic, prosthetic & surgical appliances & supplies

AMENDMENT NO. 1 AND REFINANCING TERM LOAN AMENDMENT NO. 2 dated as of March 21, 2013 (this “Agreement”), to the Credit Agreement dated as of November 20, 2007, as amended and restated as of March 20, 2012 (as further amended, supplemented or modified through the date hereof, the “Credit Agreement”), among DJO FINANCE LLC, a Delaware limited liability company (the “Company”), DJO HOLDINGS LLC, a Delaware limited liability company (“Holdings”), CREDIT SUISSE AG, as Administrative Agent, Collateral Agent, Swing Line Lender and L/C Issuer, and each lender party thereto (collectively, the “Lenders”).

LETTER AMENDMENT
Credit Agreement Amendment • September 6th, 2006 • Ca, Inc. • Services-prepackaged software • New York

To the banks, financial institutions and other institutional lenders (collectively, the “Lenders”) parties to the Credit Agreement referred to below and to Citicorp North America, Inc. (as paying agent, the “Agent”) and JPMorgan Chase Bank, N.A., as co-administrative agents for the Lenders

AMENDMENT NO. 1 AND REAFFIRMATION
Credit Agreement Amendment • February 6th, 2015 • Kayne Anderson MLP Investment CO • New York

THIS CREDIT AGREEMENT is entered into as of February 18, 2014 (as amended, restated, supplemented or otherwise modified, this “Agreement”), between KAYNE ANDERSON MLP INVESTMENT COMPANY, a Maryland corporation (the “Borrower”) and SUMITOMO MITSUI BANKING CORPORATION (the “Lender”). The parties hereto hereby agree as follows:

AMENDMENT AND WAIVER July 20, 2007
Credit Agreement Amendment • July 25th, 2007 • Greater Bay Bancorp • National commercial banks

We refer to the 3-Year Revolving Credit Agreement dated as of March 14, 2005, as amended (the “Credit Agreement”), among the undersigned and you. Unless otherwise defined herein, the terms defined in the Credit Agreement shall be used herein as therein defined.

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