Fifth Amending Agreement Sample Contracts

FIFTH AMENDING AGREEMENT
Fifth Amending Agreement • July 6th, 2006 • Falconbridge LTD • Primary smelting & refining of nonferrous metals

WHEREAS the Offeror mailed the Offer dated October 24, 2005 to purchase all outstanding Common Shares of the Company in accordance with Section 1.1(b) of the Support Agreement dated October 10, 2005 entered into between the Offeror and the Company, as amended by Amending Agreement dated January 12, 2006, Second Amending Agreement dated February 20, 2006, Third Amending Agreement dated March 21, 2006 and Fourth Amending Agreement dated May 13, 2006 (as amended from time to time, the “Support Agreement”);

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ARTICLE III REPRESENTATIONS AND WARRANTIES
Fifth Amending Agreement • November 9th, 2000 • Potash Corporation of Saskatchewan Inc • Mining & quarrying of nonmetallic minerals (no fuels) • Ontario
FIFTH AMENDING AGREEMENT
Fifth Amending Agreement • October 5th, 2009 • Baytex Energy Trust • Drilling oil & gas wells • Alberta

BAYTEX ENERGY LTD., a corporation amalgamated under the laws of the Province of Alberta (hereinafter referred to as the “Borrower”),

RECITALS
Fifth Amending Agreement • November 8th, 2023 • LeddarTech Holdings Inc. • Services-prepackaged software • Quebec
FIFTH AMENDING AGREEMENT
Fifth Amending Agreement • December 13th, 2021 • Baytex Energy Corp. • Drilling oil & gas wells • Alberta

BAYTEX ENERGY CORP., a corporation amalgamated under the laws of the Province of Alberta (hereinafter referred to as the "Canadian Borrower"), and BAYTEX ENERGY USA, INC., a Delaware corporation (hereinafter referred to as the "U.S. Borrower" and together with the Canadian Borrower, collectively, the "Borrowers" and, individually, a "Borrower"),

FIFTH AMENDING AGREEMENT
Fifth Amending Agreement • November 7th, 2016 • Alberta

ENERPLUS CORPORATION, a corporation subsisting under the laws of the Province of Alberta, as borrower (hereinafter referred to as the "Borrower"),

Recitals
Fifth Amending Agreement • February 16th, 2021 • Iamgold Corp • Gold and silver ores • Ontario
BETWEEN: ABITIBI-CONSOLIDATED INC., (“ACI”) AND: ABITIBI-CONSOLIDATED COMPANY OF CANADA, (“ACCC”) (ACI and ACCC are hereinafter collectively referred to as the “Borrowers”) AND: THE LENDERS PARTY TO THE CREDIT AGREEMENT REFERRED TO BELOW,...
Fifth Amending Agreement • March 20th, 2008 • AbitibiBowater Inc. • Paper mills • Quebec

the Thorold Mill from December 30, 2007 (as provided in the Third Amending Agreement) to March 31, 2008, (iii) consider ACSC as a Designated Subsidiary under the Credit Agreement despite the fact that in the future it may cease to be a wholly-owned Subsidiary to ACI and, (iv) amend Section 2.2(b) of the Credit Agreement in order to remove the requirement that Borrowings may be obtained under Facility B only to the extent that Facility A is fully used at the time of such Borrowing.

FIFTH AMENDING AGREEMENT DATED AS OF DECEMBER 19, 2019 TO THE RESTATED CREDIT AGREEMENT DATED AS OF OCTOBER 5, 2017 AMONG MAXAR TECHNOLOGIES INC. as Borrower
Fifth Amending Agreement • March 2nd, 2020 • Maxar Technologies Inc. • Radio & tv broadcasting & communications equipment • New York

MAXAR TECHNOLOGIES INC., a publicly-traded corporation organized under the laws of the State of Delaware (hereinafter referred to as the “Borrower”)

FIFTH AMENDING AGREEMENT
Fifth Amending Agreement • April 16th, 2019 • Accelerize Inc. • Services-business services, nec • British Columbia

WHEREAS the Borrower and the Lender have entered into a credit agreement dated as of January 25, 2018 (the “Original Credit Agreement”), as amended by a first amending agreement (the “First Amending Agreement”) dated as of May 31, 2018, a second amending agreement (the “Second Amending Agreement”) dated as of June 13, 2018, a third amending agreement (the “Third Amending Agreement”) dated as of August 31, 2018 and a fourth amending agreement (the “Fourth Amending Agreement”) dated as of dated January 23, 2019 (collectively, the "Credit Agreement");

FIFTH AMENDING AGREEMENT DATED AS OF DECEMBER 27, 2004.
Fifth Amending Agreement • March 24th, 2005 • Cascades Inc • Papers & allied products • Quebec

This Fifth Amending Agreement is made as of December 27, 2004 among Cascades Inc. (“Cascades”), Cascades SPG Holding Inc. (“Cascades SPG”), Cascades USA Inc. (“Cascades USA”), Cascades Europe SAS (formerly Cascades GPS S.A.) (“Cascades Europe”) and Cascades Arnsberg GmbH (“Cascades Germany”) (each a “Borrower” and, collectively the “Borrowers”), The Bank of Nova Scotia, a Canadian bank, as administrative agent and collateral agent (in such capacity, the “Agent”), and the financial institutions parties to the Credit Agreement referred to below as Lenders.

THIS FIFTH AMENDING AGREEMENT is made as of December 3, 2020. AMONG:
Fifth Amending Agreement • December 14th, 2020 • I-Minerals Inc • Metal mining • British Columbia

i-minerals USA Inc., an Idaho limited liability company, having an office c/o the Company, at Suite 880 — 580 Hornby Street, Vancouver, British Columbia, Canada V6C 3B6

FIFTH AMENDING AGREEMENT
Fifth Amending Agreement • November 7th, 2022 • Target Group Inc. • Medicinal chemicals & botanical products • Ontario

(hereinafter referred to as “Cannakorp”, which together with Visava and Canary shall be collectively referred to as the “Subsidiaries”)

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