Agreement ---------Fifth Amendment • March 4th, 2005 • Gfsi Inc • Miscellaneous fabricated textile products • Illinois
FIFTH AMENDMENTFifth Amendment • April 21st, 2005 • Williams Scotsman Inc • Services-equipment rental & leasing, nec • New York
FIFTH AMENDMENT (this “Amendment”), dated as of April 15, 2005, among SCOTSMAN HOLDINGS, INC., a Delaware corporation (“Holdings”), WILLIAMS SCOTSMAN, INC., a Maryland corporation (the “Borrower”), the Lenders from time to time party to the Credit Agreement referred to below (the “Lenders”), and DEUTSCHE BANK TRUST COMPANY AMERICAS, as Administrative Agent. All capitalized terms used herein and not otherwise defined herein shall have the respective meanings provided such terms in the Credit Agreement referred to below.
FIFTH AMENDMENTFifth Amendment • July 10th, 2014 • United Surgical Partners International Inc • Services-general medical & surgical hospitals, nec • New York
This Fifth Amendment, dated as of June 27, 2014 (this “Amendment”), to the Credit Agreement, dated as of April 19, 2007, as amended by Amendment No. 1, dated as of August 19, 2009, the Second Amendment, dated as of April 3, 2012, the Third Amendment, dated as of December 19, 2012 and the Fourth Amendment, dated as of February 19, 2013 (the “Existing Credit Agreement” and, as amended by this Amendment and as further amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), among USPI HOLDINGS, INC. (“Holdings”), UNITED SURGICAL PARTNERS INTERNATIONAL, INC. (the “Borrower”), the several lenders from time to time parties thereto (the “Lenders”), JPMORGAN CHASE BANK, N.A., as administrative agent and collateral agent (the “Agent”), and the other parties thereto.
ContractFifth Amendment • April 3rd, 2013 • Variable Annuity Account I of Ing Life Insurance & Annuity Co
Exhibit 24(b)(8.50) FIFTH AMENDMENT TO THE SELLING AND SERVICES AGREEMENT AND PARTICIPATION AGREEMENT This Fifth Amendment dated as of November 1, 2012 (the “Amendment”) by and among Columbia Management Investment Distributors, Inc. (formerly RiverSource Fund Distributors, Inc.) (“Distributor”), Columbia Management Investment Services Corp. (formerly RiverSource Service Corporation) ( “Transfer Agent”), ING Life Insurance and Annuity Company (“ING Life”), ING Institutional Plan Services, LLC (“ING Institutional”) and ING Financial Advisers, LLC (“ING Financial”) (collectively, “ING), to the Selling and Services Agreement and Fund Participation Agreement dated September 26, 2005, (the “Agreement”), as amended on April 1, 2008, February 18, 2009, including the assignment of the Agreement in a letter dated March 12, 2010, and March 21, 2011. Terms defined in the Agreement are used herein as therein defined. RECITALS WHEREAS, it is anticipated that certain features for Class A, R3, R4, R5,
Massachusetts Institute of Technology and Sigilon Therapeutics, Inc. FIFTH AMENDMENTFifth Amendment • November 10th, 2021 • Sigilon Therapeutics, Inc. • Pharmaceutical preparations
This Fifth Amendment (“Fifth Amendment”), effective as of September 17, 2021 (the “Fifth Amendment Effective Date”), is made by and between the Massachusetts Institute of Technology, a nonprofit research institution having a principal address at 77 Massachusetts Avenue, Cambridge, MA 02139 (“MIT”) and Sigilon Therapeutics, Inc. (fka Sigilon, Inc.) a Delaware corporation, having a principal address at 100 Binney Street, Cambridge, MA 02142 (“Company”) (each individually a “Party” and collectively the “Parties”), and amends that certain Exclusive Patent License Agreement between the Parties dated as of February 8, 2016, as amended (collectively, the “License Agreement”). Capitalized terms used herein without definition shall have the meaning given such terms in the License Agreement.
FIFTH AMENDMENTFifth Amendment • December 11th, 2014 • Coherus BioSciences, Inc. • Biological products, (no disgnostic substances)
THIS FIFTH AMENDMENT (this “Amendment”) is made and entered into as of December 10, 2014, by and between CA-TOWERS AT SHORES CENTER LIMITED PARTNERSHIP, a Delaware limited partnership (“Landlord”), and COHERUS BIOSCIENCES, INC., a Delaware corporation (“Tenant”).
FIFTH AMENDMENTFifth Amendment • April 20th, 2018 • DIEBOLD NIXDORF, Inc • Calculating & accounting machines (no electronic computers) • New York
THIS FIFTH AMENDMENT, dated as of April 17, 2018 (this “Amendment”), is among DIEBOLD NIXDORF, INCORPORATED (f/k/a Diebold, Incorporated), an Ohio corporation (the “Company”), and JPMORGAN CHASE BANK, N.A., a national banking association, as Administrative Agent, and amends that certain Credit Agreement, dated as of November 23, 2015, as amended by that certain Replacement Facilities Effective Date Amendment, dated as of December 23, 2015, that Second Amendment, dated as of May 6, 2016, that Third Amendment, dated as of August 16, 2016, that Fourth Amendment, dated as of February 14, 2017 and that Incremental Amendment, dated as of May 9, 2017 (the “Existing Credit Agreement”, as amended by this Amendment and as further amended, restated, modified or supplemented from time to time, the “Credit Agreement”). Terms used but not defined herein shall have the respective meanings ascribed thereto in the Existing Credit Agreement.
FIFTH AMENDMENT TO SECOND AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF RETAIL OPPORTUNITY INVESTMENTS PARTNERSHIP, LPFifth Amendment • March 16th, 2016 • Retail Opportunity Investments Partnership, LP • Real estate investment trusts • Delaware
This Fifth Amendment (this “Amendment”) to the Partnership Agreement (as defined below) of Retail Opportunity Investments Partnership, LP, a Delaware limited partnership (the “Partnership”), is made and entered as of March 10, 2016 by Retail Opportunity Investments GP, LLC, a Delaware limited liability company, which is the sole general partner of the Partnership (the “General Partner”).
FIFTH AMENDMENTFifth Amendment • March 9th, 2017 • Oregon
This Fifth Amendment to the Agreement between Eastern Oregon Trade and Event Center (“ETOEC”), a body corporate of the State of Oregon, and Frew Development Group, LLC, a Colorado Limited Liability Company (“FDG”), is entered into this _ day of March 2017 (the “Effective Date”).
FIFTH AMENDMENT TO SATELLITE CAPACITY LEASEFifth Amendment • July 3rd, 2012 • New Frontier Media Inc • Services-motion picture & video tape distribution
This Fifth Amendment (“Fifth Amendment”), made and entered into as of May 16, 2012 and effective as of November 16, 2011 (the “Fifth Amendment Effective Date”), by and between COLORADO SATELLITE BROADCASTING, INC. (“Network”) and TRANSPONDER ENCRYPTION SERVICES CORPORATION (“TESC”). Network and TESC may be referred to herein individually as a “Party” and collectively as the “Parties.”
FIFTH AMENDMENT TO SECURITIES LENDING AUTHORIZATION AGREEMENT BETWEEN THE CREDIT SUISSE FUNDS LISTED ON SCHEDULE B AND STATE STREET BANK AND TRUST COMPANYFifth Amendment • April 28th, 2009 • Credit Suisse Trust • Massachusetts
This Fifth Amendment (this “Amendment”) dated August 27, 2007 is between each of the Credit Suisse Funds listed on Schedule B to the Agreement as defined below, on behalf of itself or each of its portfolios, if any, listed on Schedule B, severally and not jointly (each a “Fund” and collectively, the “Funds”) and STATE STREET BANK AND TRUST COMPANY, a Massachusetts trust company, acting either directly or through its affiliates or subsidiaries (“State Street”).
ContractFifth Amendment • April 12th, 2013 • Net Element International, Inc. • Services-computer processing & data preparation
This fifth amendment (“5. Amendment”) dated as of December 31, 2012 (“Effective Date”) between Net Element, Inc (“Tenant”) and 1450 South Miami, LLC (“Landlord”) amends that certain Lease Agreement for 1450 South Miami Avenue (the “Lease”) dated October 8, 2010 between Landlord and Tenant, the subsequent Amendment dated November 16, 2011, the 2. Amendment dated September 28, 2012, the 3. Amendment dated October 31, 2012 and the 4. Amendment dated November 30, 2012. All capitalized terms not otherwise defined herein shall have the meaning so proscribed in the Lease Agreement as well as in the Amendment, in the 2. Amendment, in the 3. Amendment and in the 4. Amendment.
FIFTH AMENDMENTFifth Amendment • August 2nd, 2012 • Acadia Healthcare Company, Inc. • Services-specialty outpatient facilities, nec • New York
THIS FIFTH AMENDMENT (this “Amendment”), dated as of June 15, 2012, to the Credit Agreement referenced below is by and among Acadia Healthcare Company, Inc. (f/k/a Acadia Healthcare Company, LLC), a Delaware corporation (the “Borrower”), the Guarantors identified on the signature pages hereto, the Lenders identified on the signature pages hereto and Bank of America, N.A., in its capacity as Administrative Agent (in such capacity, the “Administrative Agent”).
FIFTH AMENDMENTFifth Amendment • March 24th, 2009 • Kendle International Inc • Services-commercial physical & biological research • New York
This Fifth Amendment (this “Amendment”) is entered into as of March 20, 2009, by and among KENDLE INTERNATIONAL INC., an Ohio corporation (the “Borrower”), the Guarantors listed on the signature pages hereof, the Lenders signatory hereto, and UBS AG, STAMFORD BRANCH, as Administrative Agent for the Lenders (in such capacity, “Administrative Agent”).
FIFTH AMENDMENTFifth Amendment • June 18th, 2009 • MxEnergy Holdings Inc • Natural gas distribution • New York
This Fifth Amendment (this “Amendment”) dated as of June 15, 2009 (the “Fifth Amendment Effective Date”) is by and among MxEnergy Inc., a Delaware corporation (“MxEnergy”), MxEnergy Electric Inc., a Delaware corporation (“MxEnergy Electric”, MxEnergy and MxEnergy Electric each a “Borrower” and collectively, the “Borrowers”), MxEnergy Holdings Inc. and certain Subsidiaries thereof (collectively, the “Guarantors”), and the financial institutions and other Persons whose signatures appear below as Lenders.
FIFTH AMENDMENTFifth Amendment • November 12th, 2008 • Sirius Xm Radio Inc. • Radio broadcasting stations • New York
This Fifth Amendment to the Credit Agreement referred to below (this “Fifth Amendment”), dated as of July 22, 2008, is among XM Satellite Radio Inc. (the “Borrower”), XM Satellite Radio Holdings Inc. (“Holdings”), and the undersigned lenders party to the Credit Agreement referred to below.
FIFTH AMENDMENT TO THE RESTRUCTURING SUPPORT AGREEMENTFifth Amendment • January 9th, 2014 • Jaguar Mining Inc • Metal mining • New York
This Fifth Amendment (this “Fifth Amendment”) dated as of January 8, 2014, among (a) Jaguar Mining Inc. (“Jaguar” or the “Company”), (b) its subsidiaries, MCT Mineração Ltda., Mineração Turmalina Ltda. and Mineração Serras do Oeste Ltda. (collectively, the “Subsidiaries”), and (c) each of the other signatories hereto (each a “Consenting Noteholder” and collectively the “Consenting Noteholders”), amends the Support Agreement dated as of November 13, 2013, among the Company, the Subsidiaries and the Consenting Noteholders party thereto, as amended by the First Amendment dated as of November 20, 2013, the Second Amendment dated as of December 3, 2013, the Third Amendment dated as of December 9, 2013, and the Fourth Amendment dated as of December 17, 2013 (the “Support Agreement”) to the extent, and on the terms and conditions, set forth herein. The Consenting Noteholders, the Company and the Subsidiaries are collectively referred to in this Fifth Amendment as the “Parties” and each (inclu
FIFTH AMENDMENT TO THE SECURITIES LENDING AUTHORIZATION AGREEMENT BETWEEN THE GLENMEDE FUND, INC., ON BEHALF OF ITS SERIES AS LISTED ON SCHEDULE B, AND STATE STREET BANK AND TRUST COMPANYFifth Amendment • September 30th, 2014 • Glenmede Fund Inc • Massachusetts
This Fifth Amendment (this “Amendment”) dated September 30, 2014 is between THE GLENMEDE FUND, INC., a registered management investment company organized and existing under the laws of Maryland (the “Company”), on behalf of its series listed on Schedule B, severally and not jointly (the Company acting on behalf of each such series, a “Fund’ and collectively, the “Funds”), and STATE STREET BANK AND TRUST COMPANY (“State Street”), acting either directly or through its subsidiaries or affiliates.
FIFTH AMENDMENTFifth Amendment • May 7th, 2018 • Tiptree Inc. • Fire, marine & casualty insurance
THIS FIFTH AMENDMENT (this “Amendment”) is entered into as of May 4, 2018 (the “Fifth Amendment Effective Date”), by and among TIPTREE OPERATING COMPANY, LLC (the “Borrower”), the Specified Subsidiaries party hereto, FORTRESS CREDIT CORP. (“Fortress”), as Administrative Agent, Collateral Agent and Lead Arranger, and the Lenders signatory hereto.
Fifth AmendmentFifth Amendment • March 24th, 2021 • Texas
This Fifth Amendment (“Amendment”) is entered into between EverFi, Inc. a Delaware corporation, located at 2300 N Street NW, Suite 500 Washington, DC, 20037 (“Company”), and University of North Texas (“Organization”) and is effective as of April 1, 2021 (the “Effective Date”). Company and Organization may also be referred to herein each as a “Party” or collectively as “Parties.”
Fifth Amendment To Amended and Restated Revolving Credit and Term Loan Agreement (Term Loan Extension)Fifth Amendment • February 5th, 2010 • Centerline Holding Co • Real estate • New York
This FIFTH AMENDMENT TO AMENDED AND RESTATED REVOLVING CREDIT AND TERM LOAN AGREEMENT (this “Amendment”) is entered into as of February 4, 2010, by and among: Centerline Holding Company and Centerline Capital Group Inc. (collectively, the “Borrowers”); those Persons listed as Guarantors on Schedule 1 hereto (each, a “Guarantor,” and, collectively, the “Guarantors”); Bank of America, N.A., as the Administrative Agent (the “Administrative Agent”) and, pursuant to Section 23.1 of the Loan Agreement (as defined below), those Lenders constituting the Required Lenders and, pursuant to Section 23.1.1(c) of the Loan Agreement, each of the Term Loan Lenders, each as set forth on a counterpart signature page hereto, substantially in the form of Schedule 2 hereto (collectively, with the Required Lenders, the “Consenting Lenders”).
FIFTH AMENDMENTFifth Amendment • March 9th, 2017 • Hi-Crush Partners LP • Mining & quarrying of nonmetallic minerals (no fuels) • Texas
This Fifth Amendment (“Amendment”) dated as of March 3, 2017 (the “Fifth Amendment Effective Date”) is by and among Hi-Crush Partners LP, a Delaware limited partnership (the “Borrower”), the Lenders party hereto, and ZB, N.A. DBA Amegy Bank, as administrative agent for the Lenders (in such capacity, the “Administrative Agent”).
FIFTH AMENDMENT TO YAHOO! - INSWEB CORPORATION LICENSE AGREEMENTFifth Amendment • March 27th, 2003 • Insweb Corp • Services-business services, nec
This Fifth Amendment (the “Fifth Amendment”) is entered into as of September 30, 2002 (the “Fifth Amendment Effective Date”) between Yahoo! Inc., a Delaware corporation (“Yahoo”), and InsWeb Corporation, a Delaware corporation (“InsWeb”), and amends the License Agreement entered into between Yahoo and InsWeb on February 12, 1998 (the “Agreement”). Unless otherwise expressly defined herein, all capitalized terms have the meanings set forth in the Agreement. Except as expressly amended herein, the Agreement shall remain in full force and effect in accordance with its terms.
FIFTH AMENDMENTFifth Amendment • October 19th, 2016 • Intrawest Resorts Holdings, Inc. • Services-miscellaneous amusement & recreation • New York
This FIFTH AMENDMENT, dated as of October 14, 2016 (this “Amendment”), to the Credit Agreement referred to below is made among INTRAWEST OPERATIONS GROUP HOLDINGS, LLC, a Delaware limited liability company (“Holdings”), INTRAWEST OPERATIONS GROUP, LLC, a Delaware limited liability company (the “Borrower”), the Consenting Lenders and the Replacement Lender (each as defined below) and GOLDMAN SACHS LENDING PARTNERS LLC, as administrative agent (in such capacity, the “Administrative Agent”). Capitalized terms used but not defined herein shall have the meanings assigned to them in the Credit Agreement. This Amendment shall constitute a Loan Document for all purposes of the Credit Agreement and the other Loan Documents.
FIFTH AMENDMENTFifth Amendment • November 9th, 2017 • Data I/O Corp • Instruments for meas & testing of electricity & elec signals
THIS FIFTH AMENDMENT (this “Amendment”) is made and entered into as of ____Sept, 12, 2017, by and between BRE WA OFFICE OWNER LLC, a Delaware limited liability company (“Landlord”), and DATA I/O CORPORATION, a Washington corporation (“Tenant”).
FIFTH AMENDMENTFifth Amendment • July 28th, 2017 • Nna of Nevada Inc • Services-management consulting services • New York
This FIFTH AMENDMENT (this “Agreement”), dated as of July 26, 2017, is entered into among APOLLO MEDICAL HOLDINGS, INC., a Delaware corporation (“Company”), and NNA OF NEVADA, INC., a Nevada corporation (“NNA”).
FIFTH OMNIBUS AMENDMENTFifth Amendment • May 14th, 2012 • RXi Pharmaceuticals Corp • Pharmaceutical preparations
This FIFTH OMNIBUS AMENDMENT (this “Fifth Amendment”) is made and entered into as of April 11, 2012, by and among Tang Capital Partners, LP, RTW Investments, LLC, Galena Biopharma, Inc. (formerly RXi Pharmaceuticals Corporation) and RXi Pharmaceuticals Corporation (formerly RNCS, Inc.).
FIFTH AMENDMENT TO CONSOLIDATED CSG MASTER SUBSCRIBER MANAGEMENT SYSTEM AGREEMENT BETWEEN CSG SYSTEMS, INC. AND CHARTER COMMUNICATIONS OPERATING, LLCFifth Amendment • February 23rd, 2018 • CSG Systems International Inc • Services-computer processing & data preparation
This Fifth Amendment (the “Amendment”) is made by and between CSG Systems, Inc., a Delaware corporation (“CSG”), and Charter Communications Operating, LLC, a Delaware limited liability company (“Customer”). CSG and Customer entered into that certain Consolidated CSG Master Subscriber Management System Agreement effective as of August 1, 2017 (CSG document no. 4114281) (the “Agreement”), and now desire to amend the Agreement in accordance with the terms and conditions set forth in this Amendment. If the terms and conditions set forth in this Amendment shall be in conflict with the Agreement, the terms and conditions of this Amendment shall control. Any terms in initial capital letters or all capital letters used as a defined term but not defined in this Amendment shall have the meaning set forth in the Agreement. Upon execution of this Amendment by the parties, any subsequent reference to the Agreement between the parties shall mean the Agreement as amended by this Amendment. Except as
CONFIDENTIAL TREATMENT REQUESTED PUBLIC HEALTH SERVICE FIFTH AMENDMENT TO L-354-1998/0Fifth Amendment • March 20th, 2007 • Repros Therapeutics Inc. • Biological products, (no disgnostic substances)
This is the fifth amendment (“Fifth Amendment”) of the agreement by and between the National Institutes of Health (“NIH”) or the Food and Drug Administration (“FDA”), hereinafter singly or collectively referred to as (“PHS”), agencies of the United States Public Health Service within the Department of Health and Human Services (“HHS”), and Repros Therapeutics Inc., formerly known as Zonagen having an effective date of April 16, 1999 and having NIH Reference Number L-354-1998/0 (“Agreement”). This Fifth Amendment, having NIH Reference Number L-354-1998/5, is made between the PHS through the Office of Technology Transfer, NIH, having an address at 6011 Executive Boulevard, Suite 325, Rockville, Maryland 20852-3804, U.S.A., and Repros Therapeutics Inc.,having an office at 2408 Timbeloch Place, Suite B-7, The Woodlands, TX 77280 (“Licensee”). This Fifth Amendment includes, in addition to the amendments made below, 1) a Signature Page and 2) Attachment 1 (Royalty Payment Information).
FIFTH AMENDMENTFifth Amendment • August 5th, 2010 • Affymax Inc • Pharmaceutical preparations
Pages where confidential treatment has been requested are stamped “Confidential Treatment Requested and the Redacted Material has been separately filed with the Commission,” and places where information has been redacted have been marked with (***)....Fifth Amendment • August 5th, 2005 • CSG Systems International Inc • Services-computer processing & data preparation
This Fifth Amendment (the “Amendment”) is made by and between CSG Systems, Inc., a Delaware corporation (“CSG”) and Comcast Cable Communications Management, LLC, a Delaware Limited Liability Company (“Customer”). CSG and Customer entered into a certain CSG Master Subscriber Management System Agreement dated March 17, 2004, as amended by the First Amendment (the “Agreement”), and now desire to amend the Agreement in accordance with the terms and conditions set forth in this Amendment. If the terms and conditions set forth in this Amendment shall be in conflict with the Agreement, the terms and conditions of this Amendment shall control. Any terms in initial capital letters or all capital letters used as a defined term but not defined in this Amendment shall have the meaning set forth in the Agreement. Upon execution of this Amendment by the parties, any subsequent reference to the Agreement between the parties shall mean the Agreement as amended by this Amendment. Except as amended by t
FIFTH AMENDMENTFifth Amendment • March 7th, 2006 • Tc Pipelines Lp • Natural gas transmission • Illinois
This Fifth Amendment (this “Fifth Amendment”) is entered into as of February 28, 2006 by and among TC PipeLines, LP, a Delaware limited partnership (the “Borrower”), the Lenders party to the Credit Agreement referred to below, and JPMorgan Chase Bank, National Association (successor by merger to Bank One, NA), as agent for such Lenders. The parties hereto agree as follows:
Fifth Amendment Dated as of April 6, 2018 to Receivables Sale Agreement Dated as of May 31, 2012Fifth Amendment • May 2nd, 2018 • Kansas City Power & Light Co • Electric services • New York
This Fifth Amendment (the “Amendment”), dated as of April 6, 2018, is entered into among GMO Receivables Company (the “Seller”), KCP&L Greater Missouri Operations Company (the “Initial Collection Agent”), Victory Receivables Corporation (the “Purchaser”), and MUFG Bank, Ltd. f/k/a The Bank of Tokyo-Mitsubishi UFJ, Ltd., New York Branch, as agent for the Purchaser (the “Agent”).
Note Purchase AgreementFifth Amendment • December 20th, 2018 • Stericycle Inc • Hazardous waste management • New York
This Fifth Amendment dated as of December 19, 2018 (this “Agreement”) to the Note Purchase Agreement referred to below is between Stericycle, Inc., a Delaware corporation (the “Company”), and each of the institutions which is a signatory to this Agreement (collectively, the “Noteholders”).
FIFTH AMENDMENTFifth Amendment • November 15th, 2023 • Urban One, Inc. • Radio broadcasting stations • New York
This FIFTH AMENDMENT (this “Amendment”), dated as of November 9, 2023, is among URBAN ONE, INC., a Delaware corporation (the “Administrative Borrower”), the other Borrowers and Subsidiary Guarantors party hereto, the Lenders party hereto (constituting the Required Lenders), and BANK OF AMERICA, N.A., as Administrative Agent.
