Fifth Amendment Agreement Sample Contracts
Exhibit 10.1 FIFTH AMENDMENT AGREEMENT THIS FIFTH AMENDMENT AGREEMENT (this "Amendment"), entered into on June 20, 2006, to be effective as of June 15, 2006, by and between NewCentury Energy Corp., a Colorado corporation ("NCEC"), and Laurus Master...Fifth Amendment Agreement • June 23rd, 2006 • New Century Energy Corp. • Crude petroleum & natural gas • New York
Standard Contracts
FIFTH AMENDMENT AGREEMENTFifth Amendment Agreement • January 23rd, 2017 • New York
This FIFTH AMENDMENT AGREEMENT (this “Fifth Amendment”) is made as of August 5, 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 (“KCL
FIFTH AMENDMENT AGREEMENT<?xml:namespace prefix = o ns = "urn:schemas- microsoft-com:office:office" />Fifth Amendment Agreement • March 24th, 2010 • Applied Neurosolutions Inc • Biological products, (no disgnostic substances)
This Fifth Amendment Agreement is made effective November ___, 2009 by and between Albert Einstein College of Medicine of Yeshiva University, a Division of Yeshiva University, a corporation organized and existing under the laws of the State of New York, having an office and place of business at 1300 Morris Park Avenue, Bronx, New York 10461 ("AECOM") and Applied NeuroSolutions, Inc. (formerly known as Molecular Geriatrics Corp.), a corporation organized and existing under the laws of the State of Delaware, having an office and place of business at 50 Lakeview Parkway, Suite 111, Vernon Hills, Illinois 60061 ("Licensee").
FIFTH AMENDMENT AGREEMENTFifth Amendment Agreement • February 11th, 2016 • Center Coast MLP & Infrastructure Fund • New York
AMENDMENT AGREEMENT (“Amendment”) dated as of October 6, 2015 to the Committed Facility Agreement dated October 4, 2013 between BNP Paribas Prime Brokerage, Inc. (“BNPP PB, Inc”) and Center Coast MLP & Infrastructure Fund (“Customer”).
FIFTH AMENDMENT AGREEMENT between Conrent Invest S.A. acting on behalf of its compartment “Safety 2” as Lender and Track Group, Inc. as BorrowerFifth Amendment Agreement • April 27th, 2023 • Track Group, Inc. • Communications equipment, nec
relating to the facility agreement dated 30 December 2013 as amended and restated on 30 June 2015, on 19 July 2018, on 24 February 2019, on 10 January 2020 and on 21 December 2020
ContractFifth Amendment Agreement • November 2nd, 2010 • Kronos International Inc • Industrial inorganic chemicals
Conformed Copy DATED 28 OCTOBER 2010 KRONOS TITAN GMBH KRONOS EUROPE S.A./N.V. KRONOS TITAN AS KRONOS NORGE AS TITANIA AS AND KRONOS DENMARK APS AS BORROWERS KRONOS TITAN GMBH KRONOS EUROPE S.A./N.V. KRONOS NORGE AS AND KRONOS DENMARK APS AS GUARANTORS WITH DEUTSCHE BANK LUXEMBOURG S.A. ACTING AS AGENT FIFTH AMENDMENT AGREEMENT RELATING TO A FACILITY AGREEMENT DATED 25 JUNE 2002 (as amended by a first amendment agreement dated 3 September 2004, by a second amendment agreement dated 14 June 2005, by a third amendment agreement dated 26 May 2008 and by a fourth amendment agreement dated 15 September 2009)
FIFTH AMENDMENT AGREEMENTFifth Amendment Agreement • November 10th, 2011 • Genta Inc De/ • Biological products, (no disgnostic substances) • New York
This FIFTH AMENDMENT AGREEMENT (this “Agreement”), dated as of October 31, 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).
FIFTH AMENDMENT AGREEMENTFifth Amendment Agreement • November 1st, 2012 • Wintrust Financial Corp • State commercial banks
THIS FIFTH AMENDMENT AGREEMENT (this “Amendment”), dated as of October 26, 2012, 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.
FIFTH AMENDMENT AGREEMENT dated as of December 11, 2017 among COMPUTERSHARE TRUST COMPANY OF CANADA, in its capacity as trustee of MOGO FINANCE TRUST as Borrower and FORTRESS CREDIT CO LLC as Administrative Agent, Collateral Agent and Sole Lead...Fifth Amendment Agreement • March 2nd, 2018 • Mogo Finance Technology Inc. • Ontario
This FIFTH AMENDMENT AGREEMENT (this “Amendment”), dated as of December 11, 2017, is entered into by and among COMPUTERSHARE TRUST COMPANY OF CANADA, in its capacity as trustee of MOGO FINANCE TRUST (in such capacity, the “Borrower”), FORTRESS CREDIT CO LLC, 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 DRAWBRIDGE SPECIAL OPPORTUNITIES FUND LP, as Lender.
FIFTH AMENDMENT AGREEMENTFifth Amendment Agreement • May 14th, 2010 • Core Molding Technologies Inc • Plastics products, nec • Ohio
FIFTH AMENDMENT AGREEMENTFifth Amendment Agreement • March 9th, 2016 • Information Services Group Inc. • Services-management consulting services • New York
FIFTH AMENDMENT AGREEMENT (this “Agreement”) dated as of March 9, 2016 by and among (1) Information Services Group, Inc. (the “Borrower”), (2) International Advisory Holdings Corp., International Consulting Acquisition Corp., TPI Advisory Services Americas, Inc., ISG Information Services Group Americas, Inc. (formerly known as Technology Partners International, Inc.) and TPI Eurosourcing, L.L.C. (collectively, the “Guarantors”), (3) the financial institutions party to the Credit Agreement (as defined below) as lenders (collectively, the “Lenders” and individually, a “Lender”), and (4) Bank of America, N.A. (“Bank of America”) as administrative agent (the “Administrative Agent”) for the Lenders and as Swingline Lender and L/C Issuer with respect to a certain Credit Agreement dated as of May 3, 2013, by and among the Borrower, the Guarantors, the Lenders, the Administrative Agent, the L/C Issuer and BMO Harris Bank N.A. and Fifth Third Bank as co-Syndication Agents, as amended by that ce
FIFTH AMENDMENT AGREEMENTFifth Amendment Agreement • September 9th, 2005 • Pier 1 Imports Inc/De • Retail-home furniture, furnishings & equipment stores • New York
This Fifth Amendment Agreement (“Amendment”) is executed as of the 7th day of September, 2005, 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”), the “Class A Purchasers” parties to the Certificate Purchase Agreement referred to below, and JPMorgan Chase Bank, N.A. (as successor to Morgan Guaranty Trust Company of New York) (“JPMorgan Chase”), as agent (in such capacity, the “Administrative Agent”).
EXECUTION COPY FINGERHUT COMPANIES, INC. 10.12% Senior Notes, Series B, due December 30, 1997 FIFTH AMENDMENT AGREEMENT Dated as of August 14, 1996Fifth Amendment Agreement • November 12th, 1996 • Fingerhut Companies Inc • Retail-catalog & mail-order houses • New York
FIFTH AMENDMENT AGREEMENTFifth Amendment Agreement • March 6th, 2012 • Biocryst Pharmaceuticals Inc • Biological products, (no disgnostic substances)
This Amendment Agreement is made effective November 17, 2011 by and among Albert Einstein College of Medicine of Yeshiva University, a Division of Yeshiva University, a corporation organized and existing under the laws of the State of New York, having an office and place of business at 1300 Morris Park Avenue, Bronx, New York 10461 (“AECOM”), Industrial Research Ltd., a company organized and existing under the laws of New Zealand, having an office and place of business at Gracefield Research Centre, Gracefield Road, P.O. Box 31-310, Lower Hutt, New Zealand (“Industrial”) (AECOM and Industrial are collectively referred to herein as “Licensors”), and BioCryst Pharmaceuticals, Inc., a corporation organized and existing under the laws of the State of Delaware having an office and place of business at 2190 Parkway Lake Drive, Birmingham, Alabama 35244 (“Licensee”).
FIFTH AMENDMENT AGREEMENT RELATING TO THE RELEVANT LOAN AGREEMENTFifth Amendment Agreement • July 15th, 2024 • New York
FIFTH AMENDMENT AGREEMENTFifth Amendment Agreement • September 8th, 2008 • Teletech Holdings Inc • Services-business services, nec • Ohio
FIFTH AMENDMENT AGREEMENTFifth Amendment Agreement • June 29th, 2021 • AeroVironment Inc • Aircraft
This Fifth Amendment Agreement (this "Amendment") is made and entered into as of March 31, 2021 by and between SoftBank Corp., a company incorporated under the laws of Japan and having its principal place of business at 1-7-1 Kaigan, Minato-ku, Tokyo(formerly 1-9-1 Higashi-shimbashi, Minato-ku, Tokyo), Japan ("SoftBank") and AeroVironment Inc., a company incorporated under the laws of the State of Delaware and having its principal place of business at 900 Innovators Way, Simi Valley, CA 93065 (formerly 800 Royal Oaks Drive, Suite 210, Monrovia, CA 91016), U.S.A. ("AV"). SoftBank and AV are hereinafter referred to collectively as the "Parties" and individually as a "Party". All Capitalized terms not otherwise defined herein shall have the same meaning as assigned to them in the Original Agreement (as such term is defined below).
FIFTH AMENDMENT AGREEMENTFifth Amendment Agreement • March 30th, 2021 • Eldorado Gold Corp /Fi • Gold and silver ores • Ontario
THIS FIFTH AMENDMENT AGREEMENT (this “Agreement”) is made as of February 25, 2021, among ELDORADO GOLD CORPORATION (the “Borrower”), HSBC BANK CANADA (“HSBC”), as Administrative Agent, and the Lenders.
FIFTH AMENDMENT AGREEMENTFifth Amendment Agreement • December 14th, 2016 • Benefitfocus,Inc. • Services-prepackaged software
This Fifth Amendment Agreement (this “Amendment”) is entered into this 12th day of December, 2016, 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”).
FIFTH AMENDMENT AGREEMENTFifth Amendment Agreement • October 11th, 2011 • Cintas Corp • Men's & boys' furnishgs, work clothg, & allied garments • Ohio
FIFTH AMENDMENT AGREEMENTFifth Amendment Agreement • September 9th, 2005 • Pier 1 Imports Inc/De • Retail-home furniture, furnishings & equipment stores • New York
This Fifth Amendment Agreement (“Amendment”) is executed as of the 7th day of September, 2005, 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”).
FIFTH AMENDMENT AGREEMENT Synthetic American Fuel Enterprises II, LLCFifth Amendment Agreement • July 5th, 2005 • Marriott International Inc /Md/ • Hotels & motels • New York
This Fifth Amendment Agreement (“Fifth Amendment”) is made and entered into as of June 30, 2005, by and among Synthetic American Fuel Enterprises Holdings, Inc. (“Holdings”), Marriott Hotel Services, Inc. (“MHSI”) and Serratus LLC (“Buyer”).
FIFTH AMENDMENT AGREEMENTFifth Amendment Agreement • September 26th, 2007 • Memry Corp • Surgical & medical instruments & apparatus • Connecticut
FIFTH AMENDMENT AGREEMENT (this “Agreement”) dated as of August 31, 2007 by and between Memry Corporation (the “Borrower”), a Delaware corporation, and Webster Bank, National Association as assignee and successor in interest to Webster Business Credit Corporation (the “Lender”), amending a certain Credit and Security Agreement dated as of November 9, 2004 by and between the Borrower and the Webster Business Credit Corporation, as amended by that certain First Amendment Agreement dated as of November 9, 2005 and by a Second Amendment Agreement dated as of December 21, 2005 and by a Third Amendment Agreement dated December 5, 2006 and a Fourth Amendment Agreement dated March 28, 2007(as amended and in effect from time to time, the “Credit Agreement”).
FIFTH AMENDMENT AGREEMENTFifth Amendment Agreement • December 29th, 2016 • Mercury General Corp • Fire, marine & casualty insurance
THIS FIFTH AMENDMENT AGREEMENT, dated as of December 28, 2016 (this “Amendment”), is among MERCURY CASUALTY COMPANY (the “Borrower”), MERCURY GENERAL CORPORATION (the “Parent”), the various financial institutions parties hereto (collectively, the “Lenders”) and BANK OF AMERICA, N.A., as administrative agent (the “Administrative Agent”). Terms defined in the Credit Agreement (as defined below) are, unless otherwise defined herein or the context otherwise requires, used herein as defined therein.
FIFTH AMENDMENT AGREEMENT Dated as of December 31, 2008 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...Fifth Amendment Agreement • February 27th, 2009 • Residential Capital, LLC • Mortgage bankers & loan correspondents • New York
This FIFTH AMENDMENT AGREEMENT (this “Agreement”) dated as of December 31, 2008 (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 (each, an “Obligor”), 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”).
FIFTH AMENDMENT AGREEMENTFifth Amendment Agreement • September 8th, 2010 • Shiloh Industries Inc • Metal forgings & stampings • Ohio
FIFTH AMENDMENT AGREEMENTFifth Amendment Agreement • May 22nd, 2014 • Seneca Foods Corp • Canned, fruits, veg, preserves, jams & jellies • New York
FIFTH AMENDMENT AGREEMENT (this “Agreement”) dated as of April 1, 2014 by and among (1) Seneca Foods Corporation, Seneca Snack Company and Seneca Foods, LLC (collectively, the “Borrowers”), (2) Marion Foods, Inc., Lebanon Valley Cold Storage, LLC, and Lebanon Valley Cold Storage, LP (collectively, the “Guarantors”), (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 Lenders and as Issuing Bank with respect to a certain Second Amended and Restated Loan and Security Agreement dated as of July 20, 2011, by and among the Borrowers, the Guarantors, the Lenders, the Agent, the Issuing Bank and RBS Citizens, N.A. as Syndication Agent, as amended by that certain First Amendment Agreement dated as of August 1, 2011, by that certain Second Amendment Agreement dated as of December 20, 2012, by that Third Ame
FIFTH AMENDMENT AGREEMENT among QC HOLDINGS, INC., as Borrower and THE LENDERS THAT ARE PARTIES HERETO and APRIL 24, 2014Fifth Amendment Agreement • May 8th, 2014 • QC Holdings, Inc. • Functions related to depository banking, nec • Kansas
This Fifth Amendment Agreement (this “Agreement”), is made and entered into as of April 24, 2014, by and between QC HOLDINGS, INC., a Kansas corporation (the “Borrower”), the Lenders that are parties hereto (being hereinafter referred to individually as a “Lender” or collectively as the “Lenders”), and U. S. BANK NATIONAL ASSOCIATION, in its capacity as Agent (the “Agent”).
FIFTH AMENDMENT AGREEMENTFifth Amendment Agreement • April 30th, 2015 • NexPoint Credit Strategies Fund • New York
AMENDMENT AGREEMENT (“Amendment”) dated as of February 26, 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”).
FIFTH AMENDMENT AGREEMENTFifth Amendment Agreement • October 13th, 2011 • Unitil Corp • Electric & other services combined
This Fifth Amendment Agreement (this “Agreement” or the “Fifth Amendment”) is entered into as of the 12th day of October, 2011 by and among UNITIL CORPORATION, a New Hampshire corporation (the “Borrower”), each lender whose name appears on the signature page hereof (collectively the “Lenders” and each individually a “Lender”) and BANK OF AMERICA, N.A., as Administrative Agent, L/C Issuer and a Lender.
FIFTH AMENDMENT AGREEMENTFifth Amendment Agreement • June 26th, 2018 • DNP Select Income Fund Inc • New York
AMENDMENT AGREEMENT (“Amendment”) dated as of March 24, 2014 to the Committed Facility Agreement dated March 6, 2009 between BNP Paribas Prime Brokerage, Inc. (“BNPP PB, Inc”) and DNP Select Income Fund Inc. (“Customer”).
FIFTH AMENDMENT AGREEMENTFifth Amendment Agreement • May 3rd, 2002 • MGM Mirage • Services-miscellaneous amusement & recreation
This Fifth Amendment Agreement dated as of February 28, 2002 ("Amendment") is entered into with reference to (a) the Second Amended and Restated Loan Agreement dated as of April 10, 2000 (the "Second Amended and Restated Loan Agreement") and (b) the 364-Day Loan Agreement dated as of April 6, 2001 (the "364-Day Loan Agreement" and, together with the Second Amended and Restated Loan Agreement, the "Loan Agreements"), in each case among MGM MIRAGE, a Delaware corporation (formerly known as MGM Grand, Inc. and referred to herein as "Borrower"), MGM Grand Atlantic City, Inc., a New Jersey corporation ("Atlantic City"), MGM Grand Detroit, LLC, a Delaware limited liability company ("Detroit"), as Co-Borrowers, the Banks named therein, and Bank of America, N.A., as Administrative Agent. The Second Amended and Restated Loan Agreement has previously been amended by Amendment Agreements dated as of September 6, 2000, December 21, 2000, April 6, 2001 and December 11, 2001; the 364-Day Loan Agreem
FIFTH AMENDMENT AGREEMENTFifth Amendment Agreement • August 29th, 2008 • Kb Home • Operative builders
Financial Subsidiaries and Foreign Subsidiaries) on a consolidated basis on that date exceed the sum of (i) Total Outstandings (excluding the aggregate undrawn face amount of outstanding Letters of Credit) and (ii) $15,000,000 and (Y) the amount, if any, by which all Cash and Cash Equivalents of Borrower and its Consolidated Subsidiaries (other than the Financial Subsidiaries and Foreign Subsidiaries) on a consolidated basis on that date other than Unrestricted Cash exceed $15,000,000.
FIFTH AMENDMENT AGREEMENTFifth Amendment Agreement • March 28th, 2017 • FS Global Credit Opportunities Fund-T2 • New York
AMENDMENT AGREEMENT (“Amendment”) dated as of February 15, 2017 to the Committed Facility Agreement dated as of March 10, 2015 between BNP Paribas Prime Brokerage International, Ltd. (“BNPP PB”) and Bucks Funding (“Customer”).
FIFTH AMENDMENT AGREEMENTFifth Amendment Agreement • September 8th, 2020 • KAR Auction Services, Inc. • Retail-auto dealers & gasoline stations • New York
This FIFTH AMENDMENT AGREEMENT, dated as of September 2, 2020 (this “Amendment”), is entered into by and among each undersigned existing Revolving Lender (collectively, the “Consenting Revolving Lenders”), KAR AUCTION SERVICES, INC., a Delaware corporation (the “Borrower”), the other Loan Parties party hereto and JPMORGAN CHASE BANK, N.A., as administrative agent (the “Administrative Agent”).
