EXHIBIT 10.5 ------------ THIRD NOTE MODIFICATION AGREEMENT AND CONFIRMATION OF GUARANTY --------------------------------- THIS THIRD NOTE MODIFICATION AGREEMENT AND CONFIRMATION OF GUARANTY is executed as of June 16, 2009 (the "Effective Date"), by...Note Modification Agreement • August 12th, 2009 • Kaanapali Land LLC • Land subdividers & developers (no cemeteries)
ContractNote Modification Agreement • July 25th, 2013 • Wesbanco Inc • National commercial banks • Ohio
This agreement is dated as of July 19, 2013 (the "Agreement Date"), by and between Wesbanco, Inc. (the "Borrower") and JPMorgan Chase Bank, N.A. (together with its successors and assigns, the "Bank"). The provisions of this agreement are effective on the date that this agreement has been executed by all of the signers and delivered to the Bank (the "Effective Date").
Note Modification AgreementNote Modification Agreement • June 27th, 2023 • Charles & Colvard LTD • Jewelry, silverware & plated ware • New York
This agreement is dated as of June 16, 2023 (the "Agreement Date"), by and between Charles & Colvard, Ltd. (the "Borrower") and JPMorgan Chase Bank, N.A. (together with its successors and assigns, the "Bank"). The provisions of this agreement are effective on the date that this agreement has been executed by all of the signers and delivered to the Bank (the "Effective Date").
Incoming, Inc. 8-K/ANote Modification Agreement • May 25th, 2011 • Incoming, Inc. • Wholesale-apparel, piece goods & notions
Maker NORTH AMERICAN BIO ENERGIES LLC Address 815D VIRGINIA ST SW 9512093881 Lenoir, NC 28645-0000 Customer Number 00004 Note Number BB&T NOTE MODIFICATION AGREEMENT $100,000.00 11/07/2006 $91,766.80 05/22/2007 Original Amount of Note Original Date Modification Amount Modification Date
MAKER: Applied Optoelectronics, Inc. NOTE MODIFICATION AGREEMENT xxxxxxxxxxNote Modification Agreement • January 5th, 2022 • Applied Optoelectronics, Inc. • Semiconductors & related devices • Texas
This Note Modification Agreement (hereinafter referred to as “Agreement”) is made and entered into as of this 29th day of December, 2021 by APPLIED OPTOELECTRONICS, INC., as maker(s) and co-maker(s), if any, of the Promissory Note as defined below (whether one or more, hereinafter referred to jointly and severally as “Borrower”), in favor of TRUIST BANK, a North Carolina banking corporation f/k/a Branch Banking and Trust Company, a North Carolina banking corporation (including its successors and assigns, hereinafter referred to as “Bank”).
Note Modification AgreementNote Modification Agreement • November 10th, 2009 • Supreme Industries Inc • Truck & bus bodies • Indiana
This agreement is dated as of November 6, 2009 (the “Agreement Date”), by and between Supreme Corporation (the “Borrower”) and JPMorgan Chase Bank, N.A. (together with its successors and assigns, the “Bank”). The provisions of this agreement are effective on the date that this agreement has been executed by all of the signers and delivered to the Bank (the “Effective Date”).
NOTE MODIFICATION AGREEMENTNote Modification Agreement • December 10th, 2008 • Broadwind Energy, Inc. • Nonferrous foundries (castings)
This Note Modification Agreement (the “Agreement”) is dated as of December 9, 2008 and is made by and between BRAD FOOTE GEAR WORKS, INC., f/k/a BFG Acquisition Corp., an Illinois corporation (“Borrower”) and BANK OF AMERICA, N.A., a national banking association, as successor by merger to LaSalle Bank National Association f/k/a LaSalle National Bank f/k/a LaSalle Bank NI (the “Bank”).
Exhibit 99.4 NOTE MODIFICATION AGREEMENT This Note Modification Agreement ("Agreement"), dated as of November 30, 2000, is by and among EDUTREK INTERNATIONAL, INC. (the "Company"), CAREER EDUCATION CORPORATION, a Delaware corporation ("Career"),...Note Modification Agreement • December 1st, 2000 • Career Education Corp • Services-educational services • Georgia
NOTE MODIFICATION AGREEMENTNote Modification Agreement • September 29th, 2014
This Note Modification Agreement (“Agreement”), made this ____ day of __________________, ______, between __________________________________ (“Borrower”) and ___________________________________ (“Lender”), amends and supplements the Note dated ________________________________________, in the original principal amount of $_________________, bearing the same date as, and secured by, the Security Instrument, which covers the real and personal property described in the Security Instrument and defined therein as the “Property”, located at
Note Modification AgreementNote Modification Agreement • September 9th, 2015 • Atrinsic, Inc. • Services-business services, nec
AGREEMENT (“Note Modification Agreement”) made as of July 31, 2015 by and between Atrinsic, Inc., a Delaware corporation (the “Company”) and Iroquois Master Fund Ltd (“Iroquois” or “Holder”).
ContractNote Modification Agreement • August 10th, 2012 • Wesbanco Inc • National commercial banks
This agreement is dated as of July 31, 2012 (the "Effective Date"), by and between WesBanco, Inc. (the "Borrower") and JPMorgan Chase Bank, N.A. (together with its successors and assigns, the "Bank"). The provisions of this agreement are effective as of the Effective Date on the date that this agreement has been executed by all of the signers and delivered to the Bank.
EX-10.6 7 dex106.htm NOTE MODIFICATION AGREEMENT NOTE MODIFICATION AGREEMENT Borrower: The Goldfield Corporation Address: 1684 W. Hibiscus Blvd., Melbourne, Florida, 32901 Customer Number: 9660933082 Note Number: 00002 Original Amount of Note:...Note Modification Agreement • May 5th, 2020
This Note Modification Agreement (hereinafter Agreement) is made and entered into this 22nd day of February, 2011, by and between The Goldfield Corporation, maker(s), co-maker(s), endorser(s), or other obligor(s) on the Promissory Note (as defined below), hereinafter also referred to jointly and severally as Borrower(s); Branch Banking and Trust Company, a North Carolina banking corporation, hereinafter referred to as Bank.
EX-10.1 2 dex101.htm FIFTH AMENDMENT AND NOTE MODIFICATION AGREEMENT FIFTH AMENDMENT AND NOTE MODIFICATION AGREEMENTNote Modification Agreement • May 5th, 2020 • Rhode Island
THIS FIFTH AMENDMENT AND NOTE MODIFICATION AGREEMENT (this “Amendment”) is made as of the 9th day of June, 2011 by and between KVH Industries, Inc., a Delaware corporation with its principal place of business located at 50 Enterprise Center, Middletown, Rhode Island (the “Borrower”), and Bank of America, N.A. (successor-by-merger with Fleet National Bank and assignee of Banc of America Leasing & Capital, LLC [itself a successor-by-merger with Fleet Capital Corporation]), a national banking association with a place of business located at 111 Westminster Street, Providence, Rhode Island (the “Lender”).
EX-10.7 8 appliedopto_8k-ex1007.htm NOTE MODIFICATION AGREEMENT MAKER: Applied Optoelectronics, Inc. BB&T NOTE MODIFICATION AGREEMENT 9700029240 ADDRESS: 13139 Jess Pirtle Blvd Account Number Sugar Land, Texas 00001 77478 Note Number $60,000,000.00...Note Modification Agreement • May 5th, 2020
This Note Modification Agreement (hereinafter referred to as “Agreement”) is made and entered into as of this 30th day of March, 2018 by APPLIED OPTOELECTRONICS, INC., as maker(s) and co-maker(s), if any, of the Promissory Note as defined below (whether one or more, hereinafter referred to jointly and severally as “Borrower”), in favor of BRANCH BANKING AND TRUST COMPANY, a North Carolina banking corporation (including its successors and assigns, hereinafter referred to as “Bank”).
EX-10.6 7 dex106.htm NOTE MODIFICATION AGREEMENT NOTE MODIFICATION AGREEMENT Customer Number 9660933082 Note Number 00002 Original Amount of Note $3,000,000.00 Original date 08/26/2005 Modification Amount $3,000,000.00 Modification Date 12/29/2009Note Modification Agreement • May 5th, 2020
This Note Modification Agreement (hereinafter Agreement) is made and entered into this 29th day of December, 2009, by and between The Goldfield Corporation, maker(s), co-maker(s), endorser(s), or other obligor(s) on the Promissory Note (as defined below), hereinafter also referred to jointly and severally as Borrower(s); Branch Banking and Trust Company, a North Carolina banking corporation, hereinafter referred to as Bank.
RECITALSNote Modification Agreement • September 28th, 2000 • Texas Petrochemicals Lp • Miscellaneous chemical products • Texas
NOTE MODIFICATION AGREEMENTNote Modification Agreement • February 25th, 2009 • Us Dataworks Inc • Services-prepackaged software
THIS NOTE MODIFICATION AGREEMENT (this “Agreement”) is entered into this 19th day of February, 2009 by and between US Dataworks, Inc., a Nevada corporation (the “Company”) and John L. Nicholson, M.D., an individual residing in the State of Texas and a Director of the Company (the “Holder”). All capitalized terms not specifically defined herein shall have those meanings set forth in that certain US Dataworks, Inc. Refinancing Secured Note dated August 13, 2008 executed by the Company and payable to the order of the Holder in the original principal amount of Two Million Nine Hundred Ninety Five Thousand Dollars ($2,995,000) (as modified, renewed and extended to date, the “Note”).
Note Modification AgreementNote Modification Agreement • June 26th, 2007 • Flexsteel Industries Inc • Household furniture • Indiana
This agreement is dated as of June 25, 2007 (the “Agreement Date”), by and between Flexsteel Industries, Inc. (the “Borrower”) and JPMorgan Chase Bank, N.A. (the “Bank”). The provisions of this agreement are effective on the date that this agreement has been executed by all of the signers and delivered to the Bank (the “Effective Date”).
NOTE MODIFICATION AGREEMENTNote Modification Agreement • June 29th, 2009 • Us Dataworks Inc • Services-prepackaged software
THIS NOTE MODIFICATION AGREEMENT (this “Agreement”) is entered into this 26th day of June, 2009 by and between US Dataworks, Inc., a Nevada corporation (the “Company”) and Charles E. Ramey, an individual residing in the State of Texas and the Chairman and Chief Executive Officer of the Company (the “Holder”). All capitalized terms not specifically defined herein shall have those meanings set forth in that certain US Dataworks, Inc. Refinancing Secured Note dated August 13, 2008 executed by the Company and payable to the order of the Holder in the original principal amount of Seven Hundred Eight Thousand Five Hundred Dollars ($708,500), as amended by that certain Note Modification Agreement dated February 19, 2009 and that certain Note Modification Agreement dated May 20, 2009 (as modified, renewed and extended to date, the “Note”).
NOTE MODIFICATION AGREEMENT (Line of Credit Note)Note Modification Agreement • January 11th, 2010 • Energy Inc. • Natural gas distribution
THIS NOTE MODIFICATION AGREEMENT is made and entered into as of December 31, 2009, by and between ORWELL NATURAL GAS COMPANY, an Ohio corporation, as the borrower (the “Borrower”), and THE HUNTINGTON NATIONAL BANK (the “Bank”).
Note Modification AgreementNote Modification Agreement • August 1st, 2024 • Charles & Colvard LTD • Jewelry, silverware & plated ware • New York
This agreement is dated as of July 24, 2024 (the “Agreement Date”), by and between Charles & Colvard, Ltd. (the “Borrower”) and JPMorgan Chase Bank, N.A. (together with its successors and assigns, the “Bank”). The provisions of this agreement are effective on the date that this agreement has been executed by all of the signers and delivered to the Bank (the “Effective Date”).
NOTE MODIFICATION AGREEMENTNote Modification Agreement • April 30th, 2020 • Superior Group of Companies, Inc. • Apparel & other finishd prods of fabrics & similar matl
This Note Modification Agreement (“Agreement”) is made this 30 day of March, 2020, between SUPERIOR GROUP OF COMPANIES, INC. (“Borrower”), and TRUIST BANK (“Bank”), formerly known as Branch Banking and Trust Company, a North Carolina banking corporation, and successor by merger to SunTrust Bank.
NOTE MODIFICATION AGREEMENTNote Modification Agreement • June 8th, 2020 • Hibbett Sports Inc • Retail-miscellaneous shopping goods stores • Alabama
THIS NOTE MODIFICATION AGREEMENT dated as of June 5, 2020 (“this Agreement”), is entered into by REGIONS BANK, an Alabama banking corporation (the “Bank”) and each of the undersigned (collectively, the “Borrowers”).
BANK ONE LOGO] EXHIBIT 10.1 A division of JPMorgan Chase Bank, N.A. NOTE MODIFICATION AGREEMENT This agreement is dated as of May 19, 2005 (the "Agreement Date"), by and between Mace Truck Wash, Inc. (the "Borrower") and JPMorgan Chase Bank, N.A.,...Note Modification Agreement • August 9th, 2005 • Mace Security International Inc • Industrial organic chemicals
NOTE MODIFICATION AGREEMENTNote Modification Agreement • May 27th, 2009 • Us Dataworks Inc • Services-prepackaged software
THIS NOTE MODIFICATION AGREEMENT (this “Agreement”) is entered into this 20th day of May, 2009 by and between US Dataworks, Inc., a Nevada corporation (the “Company”) and Charles E. Ramey, an individual residing in the State of Texas and the Chairman and Chief Executive Officer of the Company (the “Holder”). All capitalized terms not specifically defined herein shall have those meanings set forth in that certain US Dataworks, Inc. Refinancing Secured Note dated August 13, 2008 executed by the Company and payable to the order of the Holder in the original principal amount of Seven Hundred Eight Thousand Five Hundred Dollars ($708,500.00), as amended by that certain Note Modification Agreement dated February 19, 2009 (as modified, renewed and extended to date, the “Note”).
NOTE MODIFICATION AGREEMENTNote Modification Agreement • October 6th, 2008 • Options Media Group Holdings, Inc. • Services-advertising
THIS NOTE MODIFICATION AGREEMENT (the “Note Modification Agreement”) is made as of August 14, 2008, by and between Options Media Group Holdings, Inc., a Nevada corporation (the “Company”), and GRQ Consultants, Inc. 401K (the “Holder”).
NOTE MODIFICATION AGREEMENTNote Modification Agreement • July 2nd, 2018 • Summit Semiconductor Inc. • Semiconductors & related devices
This Note Modification Agreement is made effective June 30, 2015, by and between Meriwether Mezzanine Partners, L.P., a Delaware limited partnership (“Lender”) and Summit Semiconductor LLC, a Delaware limited liability company (“Borrower”), and modifies and amends certain terms of Borrower’s indebtedness evidenced by a promissory note in favor of Lender dated January 5, 2015 in the original principal amount of $500,000.00 (the “Note”), which is secured in part by a Loan and Security Agreement dated as of dated January 5, 2015 and a UCC-1 Financing Statement filed with the Delaware Secretary of State on January 8, 2015 as Filing No. 2015-0085851 (the “Security Documents”).
Note Modification AgreementNote Modification Agreement • June 7th, 2011 • Mace Security International Inc • Industrial organic chemicals • Texas
This agreement is dated as of April 28, 2011 (the “Agreement Date”), by and between COLONIAL FULL SERVICE CAR WASH, INC. (the “Borrower”) and JPMorgan Chase Bank, N.A. (together with its successors and assigns, the “Bank”). The provisions of this agreement are effective on April 21, 2011 (the “Effective Date”).
Note Modification Agreement and Allonge (Promissory Note – Revolving Line of Credit)Note Modification Agreement • August 6th, 2010 • inContact, Inc. • Telephone communications (no radiotelephone)
This Note Modification Agreement and Allonge (the “Modification”) is made and entered into between inContact, Inc. (“Borrower”) and Zions First National Bank (“Lender”).
NOTE MODIFICATION AND RELEASE OF SECURITY AND GUARANTORNote Modification Agreement • January 8th, 2009 • World Am, Inc. • Communications equipment, nec
This Note Modification Agreement and Release of Security and Guarantor (“Agreement”) is made and entered into as of the 31st day of December , 2009 (the “Effective Date”), by and among Isotec, Inc., a Colorado corporation (“Borrower”), David J. Barnes, an individual (“Lender”) and World Am, Inc., a Nevada corporation (“Guarantor”).
NOTE MODIFICATION AGREEMENTNote Modification Agreement • September 29th, 2009 • Fansteel Inc • Miscellaneous fabricated metal products • Delaware
This Note Modification Agreement (“Agreement”), dated this 15th day of September, 2009, is entered into by PENSION BENEFIT GUARANTY CORPORATION (“PBGC”), JPMorgan Investment Management Inc. (“JPMorgan”), as agent for PBGC, and FANSTEEL INC. (“Fansteel”).
Note Modification AgreementNote Modification Agreement • October 31st, 2006 • Ari Network Services Inc /Wi • Services-computer programming, data processing, etc. • Wisconsin
This agreement is dated as of October 26, 2006 (the “Agreement Date”), by and between ARI Network Services, Inc. (the “Borrower”) and JPMorgan Chase Bank, N.A., successor by merger to Bank One, N.A., with its main office in Chicago, IL (the “Bank”). The provisions of this agreement are effective on the date that this agreement has been executed by all of the signers and delivered to the Bank (the “Effective Date”).
NOTE MODIFICATION AGREEMENTNote Modification Agreement • November 10th, 2015 • AAC Holdings, Inc. • Services-specialty outpatient facilities, nec • Tennessee
This NOTE MODIFICATION AGREEMENT (“Agreement”), dated effective as of August 31, 2015, amends and supplements that certain Amended and Restated Subordinated Promissory Note dated April 2, 2013 (the “Note”) in the original principal amount of $2,355,331.00 (which amended and restated that certain Subordinated Promissory Note in the original principal amount of $3,060,000.00) issued by American Addiction Centers, Inc., a Nevada corporation (“Maker”) and payable to the order of Michael Blackburn, an individual resident of Florida (“Payee”).
MAKER: The Goldfield Corporation BB&T NOTE MODIFICATION AGREEMENT 9660933082Note Modification Agreement • December 11th, 2019 • Goldfield Corp • Water, sewer, pipeline, comm & power line construction
This Note Modification Agreement (hereinafter referred to as “Agreement”) is made and entered into this 6th day of December, 2019 by The Goldfield Corporation, as maker, of the Promissory Note as defined below (hereinafter referred to as “Borrower”), in favor of Branch Banking and Trust Company, a North Carolina banking corporation (including its successors and assigns, hereinafter referred to as “Bank”).
ADDENDUM TO NOTE MODIFICATION AGREEMENTNote Modification Agreement • December 11th, 2019 • Goldfield Corp • Water, sewer, pipeline, comm & power line construction
THIS ADDENDUM TO NOTE MODIFICATION AGREEMENT (“Addendum”) is hereby made a part of the Note Modification Agreement dated December 6 , 2019, from The Goldfield Corporation (“Borrower”) payable to the order of BRANCH BANKING AND TRUST COMPANY (“Bank”) in the principal amount of $23,000,000.00 (including all renewals, extensions, modifications and substitutions thereof, the “Note”).
