FIFTH AMENDMENT Dated as of April 19, 2005Fifth Amendment • April 20th, 2005 • Itron Inc /Wa/ • Radio & tv broadcasting & communications equipment • New York
FIFTH AMENDMENTFifth Amendment • March 31st, 2003 • Huntsman International LLC • Chemicals & allied products • New York
This FIFTH AMENDMENT (this "Amendment"), dated as of February 7, 2003, is entered into by and among Huntsman International LLC (f/k/a Huntsman ICI Chemicals LLC), a Delaware limited liability company (the "Borrower"), Huntsman International Holdings LLC (f/k/a Huntsman ICI Holdings LLC), a Delaware limited liability company ("Holdings"), the undersigned financial institutions, including Deutsche Bank Trust Company Americas (formerly named Bankers Trust Company), in their capacities as lenders hereunder (collectively, the "Lenders," and each individually, a "Lender"), Deutsche Bank Trust Company Americas (formerly named Bankers Trust Company), as Lead Arranger, Administrative Agent ("Administrative Agent") for the Lenders and Sole Book Manager, Goldman Sachs Credit Partners L.P., as Syndication Agent and Co-Arranger and The Chase Manhattan Bank and UBS Warburg LLC (as successor to Warburg Dillon Read), as Co-Arrangers and as Co-Documentation Agents (collectively, the "Agents" and each i
RECITALSFifth Amendment • March 31st, 2003 • Brandpartners Group Inc • Services-management consulting services • New York
November 17, 2009Fifth Amendment • December 3rd, 2009 • Coast Distribution System Inc • Wholesale-motor vehicle supplies & new parts
The Coast Distribution System, Inc., a Delaware corporation “Coast Delaware”), United Sales & Warehouse of Texas, Inc., a Texas corporation (“United Sales”), C/P Products Corp., an Indiana corporation (“C/P”), Mohawk Trailer Supply, Inc., a New York corporation (“Mohawk”), and Les Systemes De Distribution Coast (Canada) Inc. The Coast Distribution System (Canada) Inc., a corporation organized under the laws of the Province of Quebec (“Coast Canada”) (Coast Delaware, United Sales, C/P, Mohawk, and Coast Canada are referred to individually as “Borrower” and collectively as “Borrowers”), and Bank of America, N.A., on its individual capacity, “US Lender”), acting by and through Bank of America, N.A., a national banking association, as agent for US Lender (in such capacity, “Agent”) and Bank of America, N.A. (acting through its Canada branch) (“Canadian Lender”), (US Lender, acting through Agent, and Canadian Lender are referred to collectively as “Lender”), have entered into that certain T
FIFTH AMENDMENT dated as of March 14, 2006 between HUNTSMAN RECEIVABLES FINANCE LLC, as Company HUNTSMAN (EUROPE), BVBA, as Master Servicer JPMORGAN CHASE BANK, N.A. as Funding Agent and J.P. MORGAN (IRELAND) plc, as TrusteeFifth Amendment • March 17th, 2006 • Huntsman CORP • Chemicals & allied products • New York
THIS FIFTH AMENDMENT, dated as of March 14, 2006 (the "Amendment") between Huntsman Receivables Finance LLC (the "Company"), a Delaware limited liability company, Huntsman (Europe) BVBA (the "Master Servicer"), JPMorgan Chase Bank, N.A., successor-in-interest to The Chase Manhattan Bank, as funding agent for the Series 2000-1 Purchasers (the "Funding Agent") and J.P. Morgan (Ireland) plc, successor-in-interest to Chase Manhattan Bank (Ireland) plc, as trustee (the "Trustee") modifies the Series 2000-1 Supplement dated as of December 21, 2000, as amended from time to time (the "Supplement"), which supplements the Amended and Restated Pooling Agreement, dated as of June 26, 2001, as amended from time to time (the "Pooling Agreement" and, together with the Supplement, the "Agreement") between the Company, the Master Servicer and the Trustee.
October 15, 2004 Clinical Data Sales & Service, Inc. 2 Thurber Boulevard Smithfield, Rhode Island 02917 Re: Fifth Amendment Gentlemen:Fifth Amendment • November 12th, 2004 • Clinical Data Inc • Laboratory analytical instruments
Clinical Data Sales & Service, Inc., a Delaware corporation ("Borrower") and LaSalle Business Credit, LLC, a Delaware limited liability company, ("Lender") have entered into that certain Loan and Security Agreement dated March 31, 2003 (the "Security Agreement"). From time to time thereafter, Borrowers and Lender may have executed various amendments (each an "Amendment" and collectively the "Amendments") to the Security Agreement (the Security Agreement and the Amendments hereinafter are referred to, collectively, as the "Agreement"). Borrowers and Lender now desire to further amend the Agreement as provided herein, subject to the terms and conditions hereinafter set forth.
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 • 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 AMENDMENTFifth Amendment • September 28th, 2012 • Sba Communications Corp • Communications services, nec • New York
FIFTH AMENDMENT, dated as of September 28, 2012 (this “Amendment”), among SBA SENIOR FINANCE II LLC (the “Borrower”), the INCREMENTAL TRANCHE B TERM LENDERS (as defined below) and TORONTO DOMINION (TEXAS) LLC, as administrative agent (the “Administrative Agent”). CITIGROUP GLOBAL MARKETS INC., BARCLAYS BANK PLC and J.P. MORGAN SECURITIES LLC are acting as joint lead arrangers (the “Lead Arrangers”), and CITIGROUP GLOBAL MARKETS INC., BARCLAYS BANK PLC, J.P. MORGAN SECURITIES LLC, TD SECURITIES (USA) LLC, WELLS FARGO SECURITIES, LLC, RBS SECURITIES INC. and DEUTSCHE BANK SECURITIES INC. are acting as bookrunners (the “Bookrunners”), in connection with the Incremental Tranche B Term Loans referred to below.
FIFTH AMENDMENT dated as of March 14, 2006 betweenFifth Amendment • March 17th, 2006 • Huntsman International LLC • Chemicals & allied products • New York
THIS FIFTH AMENDMENT, dated as of March 14, 2006 (the “Amendment”) between Huntsman Receivables Finance LLC (the “Company”), a Delaware limited liability company, Huntsman (Europe) BVBA (the “Master Servicer”), JPMorgan Chase Bank, N.A., successor-in-interest to The Chase Manhattan Bank, as funding agent for the Series 2000-1 Purchasers (the “Funding Agent”) and J.P. Morgan (Ireland) plc, successor-in-interest to Chase Manhattan Bank (Ireland) plc, as trustee (the “Trustee”) modifies the Series 2000-1 Supplement dated as of December 21, 2000, as amended from time to time (the “Supplement”), which supplements the Amended and Restated Pooling Agreement, dated as of June 26, 2001, as amended from time to time (the “Pooling Agreement” and, together with the Supplement, the “Agreement”) between the Company, the Master Servicer and the Trustee.
FIFTH AMENDMENTFifth Amendment • February 22nd, 2024 • Wolverine World Wide Inc /De/ • Footwear, (no rubber) • New York
THIS AMENDMENT (this “Agreement”), dated as of December 21, 2023, is entered into among WOLVERINE WORLD WIDE, INC., a Delaware corporation (the “Parent Borrower”), the Additional Borrowers party hereto, the Subsidiary Guarantors party hereto, the Lenders (as defined below) party hereto and JPMORGAN CHASE BANK, N.A. as administrative agent (in such capacity, the “Administrative Agent”).
FIFTH AMENDMENTFifth Amendment • February 9th, 2021 • Ortho Clinical Diagnostics Holdings PLC • In vitro & in vivo diagnostic substances • New York
This CREDIT AGREEMENT is entered into as of June 30, 2014, as amended by the First Amendment to Credit Agreement dated June 6, 2017, as further amended by the Second Amendment to Credit Agreement dated June 8, 2018, as further amended by the Third Amendment to Credit Agreement dated January 7, 2020 and2020, as further amended by the Fourth Amendment to Credit Agreement dated January27, 2020 27, 2020, and as further amended by the Fifth Amendment to Credit Agreement dated February 5, 2021 among ORTHO-CLINICAL DIAGNOSTICS S.A., a société anonyme governed by the laws of Luxembourg, having its registered office at 89C, rue Pafebruch, L-8308 Capellen, Grand Duchy of Luxembourg, and registered with the Luxembourg trade and companies register under number B185693 (the “Lux Borrower”), CRIMSON MERGER SUB, INC., a corporation organized under the laws of Delaware (the “Initial U.S. Borrower”), immediately upon consummation of the Merger (as defined below), ORTHO-CLINICAL DIAGNOSTICS, INC., a cor
March 31, 2010Fifth Amendment • May 27th, 2011 • Viasat Inc • Radio & tv broadcasting & communications equipment
We refer to that certain Fourth Amended and Restated Revolving Loan Agreement dated as of July 1, 2009 among ViaSat, Inc., a Delaware corporation (the “Borrower”), each lender from time to time party thereto, Union Bank, N.A., as Administrative Agent (in such capacity, “Administrative Agent”), Bank of America, N.A., as Syndication Agent, JPMorgan Chase Bank, N.A., as Documentation Agent, Banc of America Securities LLC and Union Bank, N.A., as Joint Lead Arrangers and Joint Book Runners, Wells Fargo Bank, National Association, as Co-Agent, and Union Bank, N.A., as Collateral Agent, (as amended, modified or supplemented from time to time, the “Credit Agreement”). Capitalized terms used herein and not defined shall have the meanings assigned to them in the Credit Agreement.
FIFTH AMENDMENT dated as of March 15, 2021 among LPL FINANCIAL HOLDINGS INC., as Holdings, LPL HOLDINGS, INC., as Borrower, CERTAIN SUBSIDIARIES OF LPL FINANCIAL HOLDINGS INC., as Subsidiary Guarantors, THE INCREMENTAL REVOLVING LENDERS PARTY HERETO,...Fifth Amendment • March 15th, 2021 • LPL Financial Holdings Inc. • Security & commodity brokers, dealers, exchanges & services • New York
This FIFTH AMENDMENT (this “Agreement”), dated as of March 15, 2021, is made by and among LPL HOLDINGS, INC., a Massachusetts corporation (the “Borrower”), LPL FINANCIAL HOLDINGS INC., a Delaware corporation (“Holdings”), each subsidiary of the Borrower listed on the signature pages hereto (the “Subsidiary Guarantors”; the Subsidiary Guarantors, together with Holdings, the “Guarantors”; and the Guarantors, together with the Borrower, the “Credit Parties”), each of the undersigned banks and other financial institutions party hereto as an “Incremental Revolving Lender” (as defined below), JPMORGAN CHASE BANK, N.A. (“JPMorgan”), as administrative agent for the Lenders under the Amended Credit Agreement (as defined below) (the “Administrative Agent”) and as collateral agent for the Lenders under the Amended Credit Agreement, JPMorgan, CITIBANK, N.A. (“Citi”), U.S. BANK NATIONAL ASSOCIATION (“U.S. Bank”), WELLS FARGO BANK, N.A. (“Wells”), TRUIST BANK (“Truist”) and BANK OF AMERICA, N.A. (“B
IN WITNESS WHEREOF, Landlord and Tenant have executed this Fifth Amendment as of the year and date above first written.Fifth Amendment • October 9th, 2020 • GCM Grosvenor Inc. • Investment advice
FIFTH AMENDMENT Dated as of March 31, 2009 by and among PASSIVE ASSET TRANSACTIONS, LLC, as Borrower, RFC ASSET HOLDINGS II, LLC, as Borrower, RESIDENTIAL FUNDING COMPANY, LLC, as Guarantor, GMAC MORTGAGE, LLC, as Guarantor, RESIDENTIAL CAPITAL, LLC...Fifth Amendment • May 11th, 2009 • Residential Capital, LLC • Mortgage bankers & loan correspondents • New York
This FIFTH AMENDMENT (this “Agreement”) dated as of March 31, 2009 (the “Amendment Effective Date”), is by and among Passive Asset Transactions, LLC, a Delaware limited liability company (“PATI”), RFC Asset Holdings II, LLC, a Delaware limited liability company (“RAHI” and, together with PATI, each a “Borrower” and collectively, the “Borrowers”), Residential Funding Company, LLC, a Delaware limited liability company (“RFC”), Residential Capital, LLC, a Delaware limited liability company (“ResCap”), GMAC Mortgage, LLC, a Delaware limited liability company (“GMAC Mortgage”, and together with RFC and ResCap, each a “Guarantor” and collectively, the “Guarantors”), GMAC LLC, a Delaware limited liability company (the “Initial Lender”), the financial institutions and other Persons that are or may from time to time become parties hereto as Lenders (together with the Initial Lender and their respective successors and assigns, each a “Lender” and collectively, the “Lenders”) and GMAC LLC, a Dela
ContractFifth Amendment • August 19th, 2024 • Sonder Holdings Inc. • Hotels, rooming houses, camps & other lodging places • New York
FIFTH AMENDMENTFifth Amendment • June 1st, 2007 • MHI Hospitality CORP • Real estate investment trusts
THIS FIFTH AMENDMENT (“Fifth Amendment”) is made and entered into as of the 25th day of May, 2007 by and between MCZ/CENTRUM FLORIDA XIX, L.L.C., a Delaware limited liability company (the “Seller”) and MHI HOLLYWOOD, LLC, a Delaware limited liability company (the “Purchaser”).
FIFTH AMENDMENTFifth Amendment • May 11th, 2009 • Kendle International Inc • Services-commercial physical & biological research • New York
This Fifth Amendment (this “Amendment”) is entered into as of March ___, 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 AMENDMENT dated as of March 27, 2018 among LAS VEGAS SANDS, LLC, as Borrower GUARANTORS PARTY HERETO, LENDERS PARTY HERETO, and THE BANK OF NOVA SCOTIA, as Administrative Agent and Collateral AgentFifth Amendment • April 27th, 2018 • Las Vegas Sands Corp • Hotels & motels • New York
FIFTH AMENDMENT dated as of March 27, 2018 (this “Amendment”), to the Second Amended and Restated Credit and Guaranty Agreement, dated as of December 19, 2013 (as amended, supplemented or otherwise modified prior to the date hereof, the “Existing Credit Agreement”), among LAS VEGAS SANDS, LLC, a Nevada limited liability company (the “Borrower”), the Guarantors party thereto, the Lenders party thereto and The Bank of Nova Scotia (“Scotiabank”), as administrative agent for the Lenders (in such capacity, the “Administrative Agent”) and as collateral agent (in such capacity, the “Collateral Agent”). Scotiabank, Barclays Bank PLC, BNP Paribas Securities Corp., Citigroup Global Markets Inc., Fifth Third Bank, Goldman Sachs Banks USA and Merrill Lynch, Pierce, Fenner & Smith Incorporated are acting as joint lead arrangers and joint bookrunners in connection with this Amendment (collectively, in such capacities, the “Amendment Arrangers”). Morgan Stanley Senior Funding, Inc. and Sumitomo Mitsu
FIFTH AMENDMENTFifth Amendment • May 2nd, 2019 • Jack in the Box Inc /New/ • Retail-eating places • New York
THIS FIFTH AMENDMENT (this “Agreement”) is dated as of May 1, 2019 by and among JACK IN THE BOX INC., a Delaware corporation (the “Borrower”), certain Domestic Subsidiaries of the Borrower party hereto (such subsidiaries, collectively, the “Guarantors”, and each, a “Guarantor”), the banks and other financial institutions or entities party hereto (the “Consenting Lenders”) and WELLS FARGO BANK, NATIONAL ASSOCIATION, as administrative agent for the Lenders (in such capacity, the “Administrative Agent”).
