X= Y(A-B) ------- A Where X = the number of shares o Common Stock to be issued to the Holder Y = the number of shares of Common Stock purchasable under this Warrant or, if only a portion of this Warrant is being exercised, the portion of this Warrant...Eighth Amendment Agreement • December 8th, 2006 • New Century Energy Corp. • Crude petroleum & natural gas • New York
ContractEighth Amendment Agreement • May 5th, 2020 • Ohio
EX-10.1 2 exhibit101-eighthamendment.htm EXHIBIT 10.1 EIGHTH AMENDMENT AGREEMENT This EIGHTH AMENDMENT AGREEMENT (this “Amendment”) is made as of the 27th day of March, 2013 among: (a) CORE MOLDING TECHNOLOGIES, INC., a Delaware corporation (“Core Molding”); (b) CORECOMPOSITES DE MEXICO, S. DE R.L. DE C.V., a sociedad de responsabilidad limitada de capital variable organized under the laws of Mexico (“Core Mexico” and, together with Core Molding, collectively, “Borrowers” and, individually, each a “Borrower”); (c) the Lenders, as defined in the Credit Agreement, as hereinafter defined; and (d) KEYBANK NATIONAL ASSOCIATION, as the lead arranger, sole book runner and administrative agent for the Lenders under the Credit Agreement (“Agent”). WHEREAS, Borrowers, Agent and the Lenders are parties to that certain Credit Agreement, dated as of December 9, 2008, that provides, among other things, for loans and letters of credit aggregating Twenty-Five Million Two Hundred Forty-Four Thousand Ni
EIGHTH Amendment AgreementEighth Amendment Agreement • May 8th, 2020 • Benefitfocus,Inc. • Services-prepackaged software • New York
This Eighth Amendment Agreement (this “Amendment”) is entered into this 19th day of December 2018, by and among BENEFITFOCUS, INC., a Delaware corporation (the “Parent”), BENEFITFOCUS.COM, INC., a South Carolina corporation (“Benefitfocus.com”), and BENEFITSTORE, INC., a South Carolina corporation (“BenefitStore”, and together with the Parent and Benefitfocus.com, each individually, a “Borrower”, and collectively, the “Borrowers”), the several banks and other financial institutions or entities party hereto (each a “Lender” and, collectively, the “Lenders”), and SILICON VALLEY BANK, as administrative agent and collateral agent for the Lenders (in such capacity, the “Administrative Agent”).
EIGHTH AMENDMENT AGREEMENT dated as of October 4, 2013 (this “Amendment Agreement”), to Amended and Restated Credit Agreement dated as of August 16, 2013 (the “Existing Credit Agreement”), among LEVEL 3 COMMUNICATIONS, INC. (“Level 3”); LEVEL 3...Eighth Amendment Agreement • October 4th, 2013 • Level 3 Communications Inc • Telephone communications (no radiotelephone) • New York
AMENDED AND RESTATED CREDIT AGREEMENT dated as of October 4, 2013 (this “Agreement” or “Credit Agreement”) among LEVEL 3 COMMUNICATIONS, INC., LEVEL 3 FINANCING, INC., as Borrower, the LENDERS party hereto, and MERRILL LYNCH CAPITAL CORPORATION, as Administrative Agent and Collateral Agent.
EIGHTH AMENDMENT AGREEMENTEighth Amendment Agreement • September 3rd, 2015 • Ontario
This REVOLVING CREDIT AND GUARANTEE AGREEMENT, dated as of February 25, 2014, is entered into by and among MOGO FINANCE TECHNOLOGY INC. (the “Borrower”), MOGO FINANCIAL INC. (“MOGO Financial”), MOGO FINANCIAL (B.C.) INC. (“MOGO B.C.”), MOGO FINANCIAL (ALBERTA) INC. (“MOGO Alberta”) and MOGO FINANCIAL (ONTARIO) INC. (“MOGO Ontario”) and FORTRESS CREDIT CO LLC (“Fortress”), as a
EIGHTH AMENDMENT AGREEMENTEighth Amendment Agreement • January 23rd, 2017 • New York
This EIGHTH AMENDMENT AGREEMENT (this “Eighth Amendment”) is made as of September 28, 2016, by and among AMERICAN APPAREL (USA), LLC (“AA USA” or the “Borrower Representative”), AMERICAN APPAREL RETAIL, INC. (“AA Retail”), AMERICAN APPAREL DYEING & FINISHING, INC. (“AA Dyeing & Finishing”), KCL KNITTING, LLC
EIGHTH AMENDMENT AGREEMENT dated as of May 9, 2024 among MOGO FINANCE TECHNOLOGY INC. as Borrower Mogo Financial Inc., Mogo Financial (B.C.) Inc., Mogo Financial (Alberta) Inc. and Mogo Financial (Ontario) Inc. as Originating Subsidiaries Carta...Eighth Amendment Agreement • May 20th, 2024 • Mogo Inc. • Finance services
This EIGHTH AMENDMENT AGREEMENT (this “Amendment”), dated as of May 9, 2024, is entered into by and among MOGO FINANCE TECHNOLOGY INC. (the “Borrower”), MOGO FINANCIAL INC. (“MOGO Financial”), MOGO FINANCIAL (B.C.) INC. (“MOGO B.C.”), MOGO FINANCIAL (ALBERTA) INC. (“MOGO Alberta”) and MOGO FINANCIAL (ONTARIO) INC. (“MOGO Ontario”, and collectively with MOGO Financial, MOGO B.C. and MOGO Alberta, the “Originating Subsidiaries”), CARTA SOLUTIONS HOLDINGS CORPORATION (“Carta”), MOGO INC. (“Parent”) and DB FSLF 50 LLC (“DB FSLF”), as Administrative Agent (in such capacity, the “Administrative Agent”), Collateral Agent (in such capacity, the “Collateral Agent”), and as sole Lead Arranger (in such capacity, the “Arranger”) and the Additional Indemnitors.
EIGHTH AMENDMENT AGREEMENTEighth Amendment Agreement • August 6th, 2004 • United Industrial Corp /De/ • Miscellaneous electrical machinery, equipment & supplies
THIS EIGHTH AMENDMENT AGREEMENT (this “Agreement”) is made and entered into as of the 18th day of May, 2004, by and among FLEET CAPITAL CORPORATION (“Lender”), a Rhode Island corporation with an office at 200 Glastonbury Boulevard, Glastonbury, Connecticut 06033; and UNITED INDUSTRIAL CORPORATION, a Delaware corporation, and the following of its subsidiaries: AAI CORPORATION (“AAI”), a Maryland corporation, DETROIT STOKER COMPANY, a Michigan corporation; AAI ENGINEERING SUPPORT INC., a Maryland corporation, and AAI/ACL TECHNOLOGIES, INC., a Maryland corporation (each a “Borrower” and collectively the “Borrowers”). Capitalized terms used, but not defined, herein shall have the meanings given to such terms in the Credit Agreement (defined below).
EIGHTH AMENDMENT AGREEMENTEighth Amendment Agreement • March 18th, 2004 • Icm Asset Management Inc/Wa • Washington
THIS EIGHTH AMENDMENT AGREEMENT (this "Agreement") is entered into as of December 19, 2003 between AURA SYSTEMS, INC., a Delaware corporation (the "Company"), and KOYAH LEVERAGE PARTNERS, L.P. and KOYAH PARTNERS, L.P., each a Delaware limited partnership (collectively the "Lenders").
FORM OF EIGHTH AMENDMENT AGREEMENT dated as of May [ ], 2015 among LMP CORPORATE LOAN FUND INC. and STATE STREET BANK AND TRUST COMPANY, as Agent and THE BANKS PARTY HERETO To the Credit Agreement dated as of August 18, 2008Eighth Amendment Agreement • May 26th, 2015 • LMP Corporate Loan Fund Inc. • Massachusetts
THIS EIGHTH AMENDMENT AGREEMENT, dated as of May [ ], 2015 (this “Amendment”), among (i) LMP CORPORATE LOAN FUND INC., a Maryland corporation that is registered as a closed-end management investment company under the Investment Company Act of 1940, as amended (the “Borrower”), (ii) the banks and other financial institutions parties to this Amendment (the “Banks”) and (iii) STATE STREET BANK AND TRUST COMPANY, a Massachusetts trust company, as Agent for the Banks from time to time parties to the Agreement referred to below (in such capacity, the “Agent”); to the Credit Agreement, dated as of August 18, 2008 among all of such parties (as amended, restated, supplemented or otherwise modified from time to time, the “Agreement”).
EIGHTH AMENDMENT AGREEMENTEighth Amendment Agreement • March 2nd, 2016 • NexPoint Credit Strategies Fund • New York
AMENDMENT AGREEMENT (“Amendment”) dated as of December 9, 2015 to the Committed Facility Agreement dated May 16, 2013 between BNP Paribas Prime Brokerage, Inc. (“BNPP PB, Inc”) and Nexpoint Credit Strategies Fund (“Customer”).
EIGHTH AMENDMENT AGREEMENT AND ALLONGEEighth Amendment Agreement • March 27th, 2008 • Summer Infant, Inc. • Miscellaneous manufacturing industries • Rhode Island
THIS EIGHTH AMENDMENT AGREEMENT AND ALLONGE is made effective as of the 30th day of January, 2008, by and among Bank of America, N.A., a national banking association, with an office located at 111 Westminster Street, Providence, Rhode Island (the “Lender”), and Summer Infant (USA), Inc., a Rhode Island corporation, formerly known as SII Acquisition, Inc., as successor by merger with Summer Infant, Inc. (“SII”), Summer Infant Europe Limited, a private company limited by shares organized under the laws of England and Wales with registered number 04322137 (“SIE”), and Summer Infant Asia Limited, a Hong Kong corporation (“SIA”), all with a principal place of business located at 1275 Park East Drive, Woonsocket, Rhode Island (SII, SIE, and SIA herein individually referred to as a “Borrower” and collectively referred to as the “Borrowers”).
EIGHTH AMENDMENT AGREEMENTEighth Amendment Agreement • November 7th, 2014 • Wintrust Financial Corp • State commercial banks
THIS EIGHTH AMENDMENT AGREEMENT (this “Amendment”), dated as of October 27, 2014, is among WINTRUST FINANCIAL CORPORATION (the “Borrower”), the Lenders party to the Credit Agreement referenced below and BANK OF AMERICA, N.A., as Administrative Agent for the Lenders.
EIGHTH AMENDMENT AGREEMENTEighth Amendment Agreement • March 15th, 2006 • Pier 1 Imports Inc/De • Retail-home furniture, furnishings & equipment stores • New York
This Eighth Amendment Agreement (“Amendment”) is executed as of the 13th day of March, 2006, by and among Pier 1 Funding, L.L.C., a Delaware limited liability company, as transferor (the “Transferor”), Pier 1 Imports (U.S.), Inc., a Delaware corporation, as servicer (the “Servicer”), and Wells Fargo Bank, National Association (successor by merger to Wells Fargo Bank Minnesota, National Association), a national banking association, as trustee (the “Trustee”).
EIGHTH AMENDMENT AGREEMENTEighth Amendment Agreement • December 5th, 2011 • Genta Inc De/ • Biological products, (no disgnostic substances) • New York
This EIGHTH AMENDMENT AGREEMENT (this “Agreement”), dated as of November 21, 2011, is made by and among GENTA INCORPORATED, a Delaware corporation (the “Company”), and the undersigned parties (each a “Holder” and collectively the “Holders”). Capitalized terms used herein and not defined shall have the meanings set forth in the Securities Purchase Agreement (as defined below).
EIGHTH AMENDMENT AGREEMENTEighth Amendment Agreement • October 20th, 2005 • Imagistics International Inc • Wholesale-professional & commercial equipment & supplies • New York
EIGHTH AMENDMENT AGREEMENT (this “Agreement”) dated as of October 17, 2005 by and among (1) Imagistics International Inc. (the “Borrower”), (2) Bank of America, N.A. (as successor to Fleet Capital Corporation) (together with its successors and assigns, “Bank of America”), and the other financial institutions party to the Credit Agreement (as defined below) as lenders (collectively, the “Lenders” and individually, a “Lender”) and (3) Bank of America, as administrative agent (the “Administrative Agent”) for the Lenders with respect to a certain Credit Agreement dated as of November 9, 2001 by and among the Borrower, the Lenders and the Administrative Agent, as amended by that certain First Amendment Agreement dated as of March 19, 2002, that certain Second Amendment Agreement dated as of July 19, 2002, that certain Third Amendment Agreement dated as of March 5, 2003, that certain Fourth Amendment Agreement dated as of May 16, 2003, that certain Fifth Amendment Agreement dated as of May 7
EIGHTH AMENDMENT AGREEMENTEighth Amendment Agreement • December 28th, 2018 • S&W Seed Co • Agricultural production-crops • Ohio
MODIFICATION NO. 10 THIS EIGHTH AMENDMENT AGREEMENT is made as of the 17th day of February, 1997. B E T W E E N: CINEPLEX ODEON CORPORATION a corporation incorporated under the laws of the Province of Ontario ("Cineplex") - and - PLITT THEATRES, INC....Eighth Amendment Agreement • March 20th, 1997 • Cineplex Odeon Corp /Can/ • Services-motion picture theaters
EIGHTH AMENDMENT AGREEMENT Dated as of May 29, 2009 by and among RESIDENTIAL FUNDING COMPANY, LLC, as Borrower, GMAC MORTGAGE, LLC, as Borrower, RESIDENTIAL CAPITAL, LLC AND CERTAIN OTHER AFFILIATES OF THE BORROWERS PARTY HERETO, as Guarantors or...Eighth Amendment Agreement • August 7th, 2009 • Residential Capital, LLC • Mortgage bankers & loan correspondents • New York
This EIGHTH AMENDMENT AGREEMENT (this “Agreement”) dated as of May 29, 2009 (the “Amendment Effective Date”), is by and among Residential Funding Company, LLC, a Delaware limited liability company (“RFC”), GMAC Mortgage, LLC, a Delaware limited liability company (“GMAC Mortgage” and, together with RFC, each a “Borrower” and, collectively, the “Borrowers”), Residential Capital, LLC and the other Affiliates of the Borrowers party hereto as Guarantors (each, a “Guarantor”), the Affiliates of the Borrower party hereto as obligors, and GMAC LLC, a Delaware limited liability company, in its capacity as Initial Lender and as agent for the Lenders (in such capacity, the “Lender Agent”).
EIGHTH AMENDMENT AGREEMENTEighth Amendment Agreement • February 2nd, 2016 • Seneca Foods Corp • Canned, fruits, veg, preserves, jams & jellies • New York
EIGHTH AMENDMENT AGREEMENT (this "Agreement") dated as of November 2, 2015 by and among (1) Seneca Foods Corporation, a New York corporation (the "Parent"), Seneca Snack Company, a Washington corporation ("Seneca Snack"), Seneca Foods, LLC, a Delaware limited liability company ("Seneca LLC"), Green Valley Foods, LLC, a Delaware limited liability company ("Green Valley" and together with the Parent, Seneca Snack and Seneca LLC, collectively, the "Borrowers"), (2) Marion Foods, Inc., a New York corporation, Lebanon Valley Cold Storage, LLC, Lebanon Valley Cold Storage, LP, Portland Food Products Company, Gray & Company and Gray Glace Products Company (collectively, the "Guarantors" and together with the Borrowers, collectively, the "Obligors"), (3) the financial institutions party to the Loan and Security Agreement (as defined below) as lenders (collectively, the "Lenders" and individually, a "Lender"), and (4) Bank of America, N.A. ("Bank of America") as agent (the "Agent") for the Lend
ContractEighth Amendment Agreement • July 19th, 2023 • GoDaddy Inc. • Services-computer integrated systems design • New York
EIGHTH AMENDMENT AGREEMENT, dated as of July 19, 2023 (this “Amendment”), to Second Amended and Restated Credit Agreement, dated as of February 15, 2017, as amended by Amendment No. 1, dated as of November 22, 2017, as amended by the Joinder and Amendment Agreement, dated as of June 4, 2019, as amended by Amendment No. 3, dated as of October 3, 2019, as amended by Joinder and Fourth Amendment Agreement, dated as of August 10, 2020, as amended by Fifth Amendment Agreement, dated as of March 8, 2021, as amended by Joinder, Sixth Amendment Agreement, dated as of November 10, 2022 and Seventh Amendment Agreement, dated as of May 5, 2023 (and as further amended, restated, supplemented or otherwise modified, refinanced or replaced from time to time, the “Credit Agreement”; and the Credit Agreement as amended by this Amendment, the “Amended Credit Agreement”), among DESERT NEWCO, LLC, a Delaware limited liability company (“Holdings”), GO DADDY OPERATING COMPANY, LLC, a Delaware limited liabil
