RECITALSNote Purchase Agreements • December 7th, 2006 • Culp Inc • Broadwoven fabric mills, cotton • New York
THIRD AMENDMENT TO NOTE PURCHASE AGREEMENTSNote Purchase Agreements • April 3rd, 2002 • Seitel Inc • Oil & gas field exploration services • New York
THIS THIRD AMENDMENT, dated as of October 15, 2001 (the "Amendment"), to the separate Note Purchase Agreements, dated as of February 12, 1999, is among Seitel, Inc. (the "Company") and each of the institutions which is a signatory to this Amendment (collectively, the "Noteholders").
FIFTH AMENDMENT TO NOTE PURCHASE AGREEMENTSNote Purchase Agreements • December 29th, 2004 • Flow International Corp • General industrial machinery & equipment, nec • Washington
This FIFTH AMENDMENT, dated as of December 15, 2004, to the separate Note Purchase Agreements, each dated as of April 30, 2001, is by and between Flow International Corporation, a Washington corporation (the “Company”), and Banc of America Securities LLC, as successor to the Original Purchasers referred to below (the “Noteholder”). Capitalized terms used herein without definition shall have the meanings set forth in the Note Purchase Agreements referred to below (including as amended hereby).
FOURTH AMENDMENT TO NOTE PURCHASE AGREEMENTSNote Purchase Agreements • December 9th, 2008 • Smucker J M Co • Canned, fruits, veg, preserves, jams & jellies • New York
THIS FOURTH AMENDMENT, dated as of October 23, 2008 (this “Amendment”) to those certain separate Note Purchase Agreements, each dated as of August 23, 2000 (as amended by that certain First Amendment to Note Purchase Agreements, dated as of November 30, 2001, that certain Second Amendment to Note Purchase Agreements, dated as of May 27, 2004, and that certain Third Amendment to Note Purchase Agreements, dated as of May 31, 2007, and as in effect immediately prior to the effectiveness of this Amendment, collectively, the “Existing Note Purchase Agreement”), among The J. M. Smucker Company, an Ohio corporation (the “Company”), and the purchasers signatory thereto (together with their successors, transferees and assigns, collectively, the “Noteholders”) pursuant to which the Company issued to the Noteholders its (i) 7.70% Series A Senior Notes due September 1, 2005 in the aggregate principal amount of $17,000,000, (ii) 7.87% Series B Senior Notes due September 1, 2007 in the aggregate pri
AMENDMENT NO. 1 TO NOTE PURCHASE AGREEMENTSNote Purchase Agreements • November 12th, 2003 • Willis Lease Finance Corp • Wholesale-machinery, equipment & supplies • New York
THIS AMENDMENT NO. 1, dated as of October 10, 2003 (this “Amendment”), is entered into among WILLIS LEASE FINANCE CORPORATION, a Delaware corporation, as Servicer under the Note Purchase Agreements referred to below (the “Servicer”), WILLIS ENGINE FUNDING LLC, a Delaware limited liability company (the “Issuer”), SHEFFIELD RECEIVABLES CORPORATION, as Subclass A-1 Note Purchaser (the “Subclass A-1 Note Purchaser”) and Subclass A-2 Note Purchaser (the “Subclass A-2 Note Purchaser”), FORTIS BANK (NEDERLAND) N.V., as a Subclass B-1 Note Purchaser (a “Subclass B-1 Note Purchaser”) and BARCLAYS BANK PLC, as a Subclass B-1 Note Purchaser (a “Subclass B-1 Note Purchaser”), Subclass B-2 Note Purchaser (the “Subclass B-2 Note Purchaser”; the Subclass B-2 Note Purchaser, together with the Subclass A-1 Note Purchaser, the Subclass A-2 Note Purchasers and the Subclass B-1 Note Purchaser, are sometimes referred to herein as the “Note Purchasers”), and as Purchaser’s Agent for the Note Purchasers (in
CSS Industries, Inc. Second Amendment Dated as of March 25, 2009 to Note Purchase Agreements Dated as of December 12, 2002 Re: $50,000,000 4.48% Senior Notes due December 13, 2009Note Purchase Agreements • March 31st, 2009 • CSS Industries Inc • Greeting cards • New York
This Second Amendment dated as of March 25, 2009 (the or this “Second Amendment”) to the Note Purchase Agreements dated as of December 12, 2002 is between CSS Industries, Inc., a Delaware corporation (the “Company”), and each of the institutions which is a signatory to this Second Amendment (collectively, the “Noteholders”).
THIRD AMENDMENT TO NOTE PURCHASE AGREEMENTSNote Purchase Agreements • September 7th, 2007 • Smucker J M Co • Canned, fruits, veg, preserves, jams & jellies • New York
THIS THIRD AMENDMENT, dated as of May 31, 2007 (this “Amendment”) to those certain separate Note Purchase Agreements, each dated as of June 16, 1999 (as amended by that certain First Amendment to Note Purchase Agreements, dated as of November 30, 2001, and that certain Second Amendment to Note Purchase Agreements, dated as of May 27, 2004, and as in effect immediately prior to the effectiveness of this Amendment, collectively, the “Existing Note Purchase Agreement”), among The J. M. Smucker Company, an Ohio corporation (the “Company”), and the purchasers signatory thereto (together with their successors, transferees and assigns, collectively, the “Noteholders”) pursuant to which the Company issued to the Noteholders its 6.77% Senior Notes due June 1, 2009 in the aggregate principal amount of $75,000,000 (collectively, the “Notes”).
FIFTH AMENDMENT TO NOTE PURCHASE AGREEMENTSNote Purchase Agreements • December 9th, 2008 • Smucker J M Co • Canned, fruits, veg, preserves, jams & jellies • New York
THIS FIFTH AMENDMENT, dated as of November 6, 2008 (this “Amendment”) to those certain separate Note Purchase Agreements, each dated as of June 16, 1999 (as amended by that certain First Amendment to Note Purchase Agreements dated as of November 30, 2001, that certain Second Amendment to Note Purchase Agreements dated as of May 27, 2004, that certain Third Amendment to Note Purchase Agreements dated as of May 31, 2007 and that certain Fourth Amendment to Note Purchase Agreements dated as of October 23, 2008, and as in effect immediately prior to the effectiveness of this Amendment, collectively, the “Existing Note Purchase Agreement”), among The J. M. Smucker Company, an Ohio corporation (the “Company”), and the purchasers signatory thereto (together with their successors, transferees and assigns, collectively, the “Noteholders”) pursuant to which the Company issued to the Noteholders its 6.77% Senior Notes due June 1, 2009 in the aggregate principal amount of $75,000,000 (collectively
OMNIBUS AMENDMENT TO NOTE PURCHASE AGREEMENTS AND EXCHANGE AGREEMENTNote Purchase Agreements • June 4th, 2020 • Hycroft Mining Holding Corp • Gold and silver ores • New York
This Omnibus Amendment to the Note Purchase Agreements and the Exchange Agreement (this “Omnibus Amendment”) is made and entered into effective as of May 28, 2020, by and among: (a) with respect to the Note Purchase Agreements: (i) Hycroft Mining Corporation, a Delaware corporation (the “Company” or “Seller”)), (ii) each of the direct or indirect subsidiaries of the Company listed on the signature pages hereto (the “Subsidiaries”), (iii) the entities listed on Schedule A attached hereto (each, a “1.5 Lien Noteholder” and collectively, the “1.5 Lien Noteholders”) and (iv) WBox 2015-5 Ltd., in its capacity as collateral agent under each of the Note Purchase Agreements (the “Collateral Agent” and, together with the Company, the Subsidiaries and the 1.5 Lien Noteholders, the “Notes Parties”); and (b) with respect to the Exchange Agreement (as defined below): (i) the Company, (ii) MUDS Acquisition Sub, Inc., a Delaware corporation (“Acquisition Sub”), (iii) the 1.5 Lien Noteholders and (iv)
SECOND AMENDMENT TO NOTE PURCHASE AGREEMENTSNote Purchase Agreements • March 4th, 2005 • Ryans Restaurant Group Inc • Retail-eating places • New York
This SECOND AMENDMENT TO NOTE PURCHASE AGREEMENTS (hereinafter, the “Amendment”) is entered into as of December 20, 2004 among Ryan’s Restaurant Group, Inc. (formerly known as Ryan’s Family Steak Houses, Inc.), a South Carolina corporation (the “Company”) and the holders of the Notes (as defined below).
THIRD AMENDMENT TO NOTE PURCHASE AGREEMENTSNote Purchase Agreements • September 7th, 2007 • Smucker J M Co • Canned, fruits, veg, preserves, jams & jellies • New York
THIS THIRD AMENDMENT, dated as of May 31, 2007 (this “Amendment”) to those certain separate Note Purchase Agreements, each dated as of August 23, 2000 (as amended by that certain First Amendment to Note Purchase Agreements, dated as of November 30, 2001, and that certain Second Amendment to Note Purchase Agreements, dated as of May 27, 2004, and as in effect immediately prior to the effectiveness of this Amendment, collectively, the “Existing Note Purchase Agreement”), among The J. M. Smucker Company, an Ohio corporation (the “Company”), and the purchasers signatory thereto (together with their successors, transferees and assigns, collectively, the “Noteholders”) pursuant to which the Company issued to the Noteholders its (i) 7.70% Series A Senior Notes due September 1, 2005 in the aggregate principal amount of $17,000,000 (which Series A Senior Notes have been fully paid and are no longer outstanding), (ii) 7.87% Series B Senior Notes due September 1, 2007 in the aggregate principal a
DISCOVERY COMMUNICATIONS, INC. FIRST AMENDMENT Dated As Of April 11, 2007 to AMENDED AND RESTATED NOTE PURCHASE AGREEMENTS Dated As Of September 30, 2002 Amended and Restated as of November 4, 2005Note Purchase Agreements • June 11th, 2008 • Discovery Communications, Inc. • New York
THIS FIRST AMENDMENT dated as of April 11, 2007 to the Amended and Restated Note Purchase Agreements each dated as of September 30, 2002 and amended and restated as of November 4, 2005 is between Discovery Communications, Inc., a Delaware close corporation (the “Company”), and each of the holders listed on Schedule A that is a signatory hereto (the “Noteholders”).
CONSENT AND AMENDMENT TO NOTE PURCHASE AGREEMENTSNote Purchase Agreements • February 11th, 2008 • Acquicor Management LLC • Semiconductors & related devices • New York
This Consent and Amendment to Note Purchase Agreements (this “ Consent and Amendment ”) is entered into as of November 30, 2007 by Acquicor Management LLC (“Company”), Context Opportunistic Master Fund, LP (“COMF”) and Context Advantage Master Fund, LP (“CAMF”) with respect to the Note Purchase Agreements (the “ Note Purchase Agreements ”) dated February 14, 2007 entered into between COMF and the Company (the “Company/COMF Note Purchase Agreement”); between Context Advantage Master Fund, LP and the Company (the “Company/CAMF Note Purchase Agreement”); between John P. Kensey (“Kensey”) and Context Advantage Master Fund, LP the “Kensey/CAMF Note Purchase Agreement); and between Harold L. Clark (“Clark”) and Context Advantage Master Fund, LP the “Clark/CAMF Note Purchase Agreement).
DISCOVERY COMMUNICATIONS, INC. FIRST AMENDMENT Dated As Of April 11, 2007 to NOTE PURCHASE AGREEMENTS Dated As Of December 1, 2005Note Purchase Agreements • June 11th, 2008 • Discovery Communications, Inc. • New York
THIS FIRST AMENDMENT dated as of April 11, 2007 to the Note Purchase Agreements each dated as of December 1, 2005 is between Discovery Communications, Inc., a Delaware close corporation (the “Company”), and each of the holders listed on Schedule A that is a signatory hereto (the “Noteholders”).
STERIS CORPORATION SECOND AMENDMENT Dated as of MARCH 31, 2015 to NOTE PURCHASE AGREEMENTS Dated as of DECEMBER 17, 2003 Re: $20,000,000 5.38% Senior Notes, Series A-3, due December 15, 2015Note Purchase Agreements • April 2nd, 2015 • Steris Corp • Orthopedic, prosthetic & surgical appliances & supplies • New York
CONSENT AND FIFTH AMENDMENT TO NOTE PURCHASE AGREEMENTSNote Purchase Agreements • August 11th, 2008 • Culp Inc • Broadwoven fabric mills, cotton • New York
THIS CONSENT AND FIFTH AMENDMENT TO NOTE PURCHASE AGREEMENTS, dated as of the 11th day of August, 2008 (this “Amendment”), is made by and between Culp, Inc., a North Carolina corporation (the “Company”), and the holders of Notes (as defined in the Note Purchase Agreements referred to below) set forth on the signature pages hereto (the “Noteholders”).
SECOND AMENDMENT TO NOTE PURCHASE AGREEMENTSNote Purchase Agreements • September 7th, 2007 • Smucker J M Co • Canned, fruits, veg, preserves, jams & jellies • New York
THIS SECOND AMENDMENT, dated as of May 27, 2004 (this “Amendment”) to those certain separate Note Purchase Agreements, each dated as of June 16, 1999 (as amended by that certain First Amendment to Note Purchase Agreements, dated as of November 30, 2001, and as in effect immediately prior to the effectiveness of this Amendment, collectively, the “Existing Note Purchase Agreement"), among The J. M. Smucker Company, an Ohio corporation (the “Company”), and the purchasers signatory thereto (together with their successors, transferees and assigns, collectively, the “Noteholders”) pursuant to which the Company issued to the Noteholders its 6.77% Senior Notes due June 1, 2009 in the aggregate principal amount of $75,000,000 (collectively, the "Notes”).
SIXTH AMENDMENT TO NOTE PURCHASE AGREEMENTSNote Purchase Agreements • September 9th, 2010 • Smucker J M Co • Canned, fruits, veg, preserves, jams & jellies • New York
THIS SIXTH AMENDMENT TO NOTE PURCHASE AGREEMENTS, dated as of June 11, 2010 (this “Amendment”), to those certain separate Note Purchase Agreements, each dated as of August 23, 2000 (as amended by that certain First Amendment to Note Purchase Agreements dated as of November 30, 2001, that certain Second Amendment to Note Purchase Agreements dated as of May 27, 2004, that certain Third Amendment to Note Purchase Agreements dated as of May 31, 2007, that certain Fourth Amendment to Note Purchase Agreements dated as of October 23, 2008, and that certain Fifth Amendment to Note Purchase Agreements dated as of November 6, 2008 and as in effect immediately prior to the effectiveness of this Amendment, collectively, the “Existing Note Purchase Agreement”), among The J. M. Smucker Company, an Ohio corporation (the “Company”), and the purchasers signatory thereto (together with their successors, transferees and assigns, collectively, the “Noteholders”) pursuant to which the Company issued to the
FOURTH AMENDMENT TO NOTE PURCHASE AGREEMENTSNote Purchase Agreements • December 9th, 2008 • Smucker J M Co • Canned, fruits, veg, preserves, jams & jellies • New York
THIS FOURTH AMENDMENT, dated as of October 23, 2008 (this “Amendment”) to those certain separate Note Purchase Agreements, each dated as of June 16, 1999 (as amended by that certain First Amendment to Note Purchase Agreements, dated as of November 30, 2001, that certain Second Amendment to Note Purchase Agreements, dated as of May 27, 2004, and that certain Third Amendment to Note Purchase Agreements, dated as of May 31, 2007, and as in effect immediately prior to the effectiveness of this Amendment, collectively, the “Existing Note Purchase Agreement”), among The J. M. Smucker Company, an Ohio corporation (the “Company”), and the purchasers signatory thereto (together with their successors, transferees and assigns, collectively, the “Noteholders”) pursuant to which the Company issued to the Noteholders its 6.77% Senior Notes due June 1, 2009 in the aggregate principal amount of $75,000,000 (collectively, the “Notes”).
SECOND AMENDMENT TO NOTE PURCHASE AGREEMENTSNote Purchase Agreements • September 7th, 2007 • Smucker J M Co • Canned, fruits, veg, preserves, jams & jellies • New York
THIS SECOND AMENDMENT, dated as of May 27, 2004 (this “Amendment”) to those certain separate Note Purchase Agreements, each dated as of August 23, 2000 (as amended by that certain First Amendment to Note Purchase Agreements, dated as of November 30, 2001, and as in effect immediately prior to the effectiveness of this Amendment, collectively, the “Existing Note Purchase Agreement”), among The J. M. Smucker Company, an Ohio corporation (the “Company”), and the purchasers signatory thereto (together with their successors, transferees and assigns, collectively, the “Noteholders”) pursuant to which the Company issued to the Noteholders its (i) 7.70% Series A Senior Notes due September 1, 2005 in the aggregate principal amount of $17,000,000, (ii) 7.87% Series B Senior Notes due September 1, 2007 in the aggregate principal amount of $33,000,000, and (iii) 7.94% Series C Senior Notes due September 1, 2010 in the aggregate principal amount of $10,000,000 (collectively, the “Notes”).
OMNIBUS AMENDMENT TO NOTE PURCHASE AGREEMENTS AND NOTE EXCHANGE AGREEMENTNote Purchase Agreements • June 4th, 2020 • Hycroft Mining Holding Corp • Gold and silver ores • New York
This Omnibus Amendment to the Note Purchase Agreements and the Note Exchange Agreement (this “Omnibus Amendment”) is made and entered into effective as of May 28, 2020, by and among (i) Hycroft Mining Corporation, a Delaware corporation (the “Company”), (ii) each of the direct or indirect subsidiaries of the Company listed on the signature pages hereto (the “Subsidiaries”), (iii) the entities listed on Schedule 1.1 attached hereto (each, an “Exchanging Holder” and collectively, the “Exchanging Holders”) and (iv) WBox 2015-5 Ltd., in its capacity as collateral agent under each of the Note Purchase Agreements (the “Collateral Agent”). The parties hereto shall be collectively referred to as the “Parties.” Capitalized terms used but not otherwise defined herein shall have the meanings set forth in the Note Exchange Agreement or the Note Purchase Agreements, as applicable.
SECOND AMENDMENT TO NOTE PURCHASE AGREEMENTSNote Purchase Agreements • September 16th, 2002 • Flow International Corp • General industrial machinery & equipment, nec • Washington
This SECOND AMENDMENT, dated as of September 13, 2002, to the separate Note Purchase Agreements, each dated as of April 30, 2001, is by and among Flow International Corporation, a Washington corporation (the “Company”), John Hancock Life Insurance Company, John Hancock Variable Life Insurance Company, Signature 4 Limited and Signature 5 L.P. (collectively, the “Noteholders”). Capitalized terms used herein without definition shall have the meanings set forth in the Note Purchase Agreements referred to below (including as amended hereby).
AMENDMENT NO. 2 TO NOTE PURCHASE AGREEMENTS Dated as of August 4, 2015Note Purchase Agreements • August 7th, 2015 • Cabelas Inc • Retail-miscellaneous shopping goods stores
Reference is made to the separate Note Purchase Agreements, each dated as of February 27, 2006 (as amended from time to time by joinder agreements and Amendment No. 1 to Note Purchase Agreements dated as of June 15, 2007 and as supplemented by the First Supplement to Note Purchase Agreement dated as of June 15, 2007 and the Second Supplement to Note Purchase Agreement dated as of January 16, 2008, the “Existing Note Agreements” and, as amended hereby, the “Note Agreements”), between Cabela’s Incorporated (the “Company”) and certain Subsidiaries of the Company (such Subsidiaries and the Company are individually referred to as an “Obligor” and, collectively as the “Obligors”), and each of the Purchasers named in Schedule A thereto, respectively, under and pursuant to which (i) $215,000,000 aggregate principal amount of 5.99% Senior Notes, Series 2006-A, due February 27, 2016 (the “Series 2006-A Notes”), (ii) $60,000,000 aggregate principal amount of 6.08% Series 2007-A Senior Notes due J
FIFTH AMENDMENT TO NOTE PURCHASE AGREEMENTSNote Purchase Agreements • December 9th, 2008 • Smucker J M Co • Canned, fruits, veg, preserves, jams & jellies • New York
THIS FIFTH AMENDMENT, dated as of November 6, 2008 (this “Amendment”) to those certain separate Note Purchase Agreements, each dated as of August 23, 2000 (as amended by that certain First Amendment to Note Purchase Agreements dated as of November 30, 2001, that certain Second Amendment to Note Purchase Agreements dated as of May 27, 2004, that certain Third Amendment to Note Purchase Agreements dated as of May 31, 2007 and that certain Fourth Amendment to Note Purchase Agreements dated as of October 23, 2008, and as in effect immediately prior to the effectiveness of this Amendment, collectively, the “Existing Note Purchase Agreement”), among The J. M. Smucker Company, an Ohio corporation (the “Company”), and the purchasers signatory thereto (together with their successors, transferees and assigns, collectively, the “Noteholders”) pursuant to which the Company issued to the Noteholders its (i) 7.70% Series A Senior Notes due September 1, 2005 in the aggregate principal amount of $17,0
DISCOVERY COMMUNICATIONS, INC. FIRST AMENDMENT Dated As Of April 11, 2007 to AMENDED AND RESTATED NOTE PURCHASE AGREEMENTS Dated As Of March 9, 2001 Amended and Restated as of November 4, 2005Note Purchase Agreements • June 11th, 2008 • Discovery Communications, Inc. • New York
THIS FIRST AMENDMENT dated as of April 11, 2007 to the Amended and Restated Note Purchase Agreements each dated as of March 9, 2001 and amended and restated as of November 4, 2005 is between Discovery Communications, Inc., a Delaware close corporation (the “Company”), and each of the holders listed on Schedule A that is a signatory hereto (the “Noteholders”).
INDENTURE between THE NATIONAL COLLEGIATE STUDENT LOAN TRUST 2005-2, as Issuer and as Indenture Trustee Relating To: The National Collegiate Student Loan Trust 2005-2 Dated as of June 1, 2005Note Purchase Agreements • June 24th, 2005 • National Collegiate Student Loan Trust 2005-2 • Asset-backed securities • New York
Reconciliation and tie between Trust Indenture Act of 1939, as amended (the “Trust Indenture Act” or “TIA”) and this Indenture of Trust, dated as of June 1, 2005.
