Exhibit 10.1 OMNIBUS AMENDMENT AGREEMENT This OMNIBUS AMENDMENT AGREEMENT (the "Agreement") is dated as of June 30, 2004 among NORDSTROM CREDIT CARD RECEIVABLES LLC ("NCCR") and NORDSTROM CREDIT, INC. ("NCI"). WHEREAS NCCR, the Servicer and NCI are...Omnibus Amendment Agreement • September 9th, 2004 • Nordstrom Credit Inc • Finance services • New York
OMNIBUS AMENDMENT AGREEMENTOmnibus Amendment Agreement • June 5th, 2023 • Amyris, Inc. • Industrial organic chemicals • California
This OMNIBUS AMENDMENT AGREEMENT (this “Amendment”) is made as of June 5, 2023 by and among AMYRIS, INC., a Delaware corporation (the “Parent or the “Borrower”), Amyris Clean Beauty, Inc., a Delaware corporation (“Amyris Clean Beauty”) , Amyris Fuels, LLC, a Delaware limited liability company (“Amyris Fuels”), AB Technologies LLC, a Delaware limited liability company (“AB Technologies”, together with Parent, Amyris Clean Beauty and Amyris Fuels, collectively, the “Obligors” and each an “Obligor”), and Foris Ventures, LLC, in its capacity as lender (the “Lender”).
EX-10.1 2 d526928dex101.htm EX-10.1 Exhibit No. 10.1 Execution Version THIRD OMNIBUS AMENDMENT AGREEMENTOmnibus Amendment Agreement • May 5th, 2020 • New York
THIS THIRD OMNIBUS AMENDMENT AGREEMENT (this “Amendment”), dated as of March 28, 2013, is entered into by and among ARMSTRONG RECEIVABLES COMPANY, LLC, a Delaware limited liability company, as Seller (the “Seller”), ARMSTRONG WORLD INDUSTRIES, INC., a Pennsylvania corporation (the “Company”), individually and as Servicer (“Armstrong”), ARMSTRONG HARDWOOD FLOORING COMPANY, a Tennessee corporation ((“AHFC”), and, together with Armstrong, the “Originators”, and each an “Originator”), THE BANK OF NOVA SCOTIA, as Administrative Agent, Related Committed Purchaser and LC Bank (“Scotiabank”, or, as applicable, the “Administrative Agent”, the “Related Committed Purchaser” or the “LC Bank”) and LIBERTY STREET FUNDING LLC, a Delaware limited liability company, as Conduit Purchaser (the “Conduit Purchaser”).
OMNIBUS AMENDMENT AGREEMENTOmnibus Amendment Agreement • November 5th, 2013 • Biocept Inc • Services-medical laboratories • California
This OMNIBUS AMENDMENT AGREEMENT (this “Amendment”) is entered into as of September 30, 2011, by and among Biocept, Inc., a California corporation (the “Company”), and each of the entities identified on the signature pages hereto (each an “Investor” and collectively the “Investors”).
OMNIBUS AMENDMENT AGREEMENTOmnibus Amendment Agreement • February 25th, 2015 • Peabody Energy Corp • Bituminous coal & lignite surface mining • New York
This AMENDED AND RESTATED CREDIT AGREEMENT (as amended as of the Amendment Effective Date pursuant to the Omnibus Amendment and as further amended, supplemented or otherwise modified, the “Agreement”) is entered into as of September 24, 2013, among PEABODY ENERGY CORPORATION, a Delaware corporation (the “Borrower”), each lender from time to time party hereto (collectively, the “Lenders” and, individually, a “Lender”), CITIBANK, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer, CITIGROUP GLOBAL MARKETS, INC., MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED, BNP PARIBAS SECURITIES CORP., CRÉDIT AGRICOLE CORPORATE AND INVESTMENT BANK, HSBC SECURITIES (USA) INC., MORGAN STANLEY SENIOR FUNDING, INC., PNC CAPITAL MARKETS LLC and RBS SECURITIES INC., as joint lead arrangers and joint book managers, BANK OF AMERICA, N.A., as syndication agent, and MUFG UNION BANK, N.A., COMPASS BANK, CREDIT SUISSE SECURITIES (USA) LLC, J.P. MORGAN SECURITIES LLC, STANDARD CHARTERED BANK, U.S.
EX-10.18 10 d792285dex1018.htm EX-10.18 Execution Copy OMNIBUS AMENDMENT AGREEMENT dated as of 26 March 2012, by and among DONEGAL RECEIVABLES PURCHASING LIMITED, MAKHTESHIM AGAN INDUSTRIES LTD., NIEUW AMSTERDAM RECEIVABLES CORPORATION, COÖPERATIEVE...Omnibus Amendment Agreement • May 5th, 2020
OMNIBUS AMENDMENT AGREEMENTOmnibus Amendment Agreement • February 12th, 2009 • Monarch Community Bancorp Inc • National commercial banks • Illinois
This Omnibus Amendment Agreement, dated as of February 6, 2009 (the “Agreement”), is entered into by and between (the “Executive”) and Monarch Community Bancorp, Inc. (the “Company”).
EX-4.2(B) 6 d553197dex42b.htm OMNIBUS AMENDMENT AGREEMENT SUTRO BIOPHARMA, INC. OMNIBUS AMENDMENT AGREEMENTOmnibus Amendment Agreement • May 5th, 2020 • California
This Omnibus Amendment Agreement (this “Amendment”) is made and entered into as of July 26, 2018 by and among Sutro Biopharma, Inc., a Delaware corporation (the “Company”) and the persons and entities listed on the signature pages hereto, and amends (i) that certain Amended and Restated Voting Agreement dated as of May 24, 2018, by and among the Company and certain stockholders of the Company (the “Voting Agreement”), (ii) that certain Amended and Restated Right of First Refusal and Co-Sale Agreement, dated as of May 24, 2018, by and among the Company and certain stockholders of the Company (the “ROFR Agreement”), and (iii) that certain Amended and Restated Investors’ Rights Agreement, dated as of May 24, 2018 by and among the Company and certain stockholders of the Company (the “IRA”). Reference is made to that certain Amended and Restated Series E Preferred Stock Purchase Agreement, dated July 26, 2018, by and among the Company and the Purchasers party thereto (the “Purchase Agreemen
Execution Version OMNIBUS AMENDMENT AGREEMENTOmnibus Amendment Agreement • May 5th, 2020 • New York
This OMNIBUS AMENDMENT AGREEMENT (this “Amendment”), dated as of July 16, 2019, is entered into by and among APPLIED DNA SCIENCES, INC., a Delaware corporation (the “Company”) and each of the investors listed on Schedule I attached hereto (each, a “Buyer” and collectively, the “Buyers”).
EX-10.108 3 dex10108.htm OMNIBUS AMENDMENT AGREEMENT EXECUTION VERSION OMNIBUS AMENDMENT AGREEMENTOmnibus Amendment Agreement • May 5th, 2020 • New York
This OMNIBUS AMENDMENT AGREEMENT is made and entered into as of November 24, 2004 (this “Agreement”) by and among Equinix, Inc., a Delaware corporation (“Parent”), the subsidiaries of Parent that are Guarantors of Parent’s obligations under the Securities Purchase Agreement referred to below, each of the holders of the Notes issued pursuant to such Securities Purchase Agreement (the “Noteholders”) and iSTT Investments Pte Ltd., a company organized under the laws of the Republic of Singapore, as collateral agent under the Junior Pledge and Security Agreement referred to below (the “Collateral Agent”), and amends such Securities Purchase Agreement (such Agreement, the “Purchase Agreement”). Unless otherwise defined in this Agreement, capitalized terms used in this Agreement without definition have the respective meanings given to them in the Purchase Agreement.
EXECUTION VERSION OMNIBUS AMENDMENT AGREEMENTOmnibus Amendment Agreement • May 5th, 2020 • New York
This OMNIBUS AMENDMENT AGREEMENT (this “Amendment”), dated as of February 26, 2019, is entered into by and among APPLIED DNA SCIENCES, INC., a Delaware corporation (the “Issuer”), APDN (B.V.I.) INC., a corporation organized under the laws of the British Virgin Islands (the “Guarantor”, and together with the Issuer, collectively, the “Grantors” and each a “Grantor”), DELAWARE TRUST COMPANY, a Delaware corporation, as collateral agent (together with its successors and assigns, in such capacity, the “Collateral Agent”) for the benefit of the Buyers (defined below) and each of the investors listed on Schedule I attached hereto (each, a “Buyer” and collectively, the “Buyers”; the Buyers and the Collateral Agent are collectively, together with their successors and assigns, collectively, the “Secured Parties”).
OMNIBUS AMENDMENT AGREEMENT PageOmnibus Amendment Agreement • May 5th, 2020 • England and Wales
EX-10.3 7 d416853dex103.htm FORM OF AMENDMENT AGREEMENT OMNIBUS AMENDMENT AGREEMENTOmnibus Amendment Agreement • May 5th, 2020 • New York
This OMNIBUS AMENDMENT AGREEMENT (this “Amendment”), dated as of September 24, 2012, is entered into by and among AUTHENTIDATE HOLDING CORP., a Delaware corporation (the “Company”) and each of the holders of the Prior Notes (as such term is defined below) listed on the signature pages hereto.
ContractOmnibus Amendment Agreement • May 5th, 2020 • California
Exhibit 10.5 EXECUTION VERSION OMNIBUS AMENDMENT AGREEMENT THIS OMNIBUS AMENDMENT AGREEMENT (this “Amendment”), dated as of September 15, 2004, is entered into by and among: (1) ELECTRONIC ARTS REDWOOD, LLC, a Delaware limited liability company (as successor in interest pursuant to this Amendment to Electronic Arts Redwood, Inc., a Delaware corporation, the “Lessee”); (2) ELECTRONIC ARTS, INC., a Delaware corporation (the “Guarantor”); (3) SELCO SERVICE CORPORATION, an Ohio corporation doing business in California as Ohio SELCO Service Corporation, as the successor in interest to Flatirons Funding, Limited Partnership (the “Lessor”); (4) VICTORY RECEIVABLES CORPORATION, a Delaware corporation, (the “Note Purchaser”); (5) THE BANK OF TOKYO-MITSUBISHI, LTD., NEW YORK BRANCH, as the agent for the Note Purchaser and the administrative agent for the Liquidity Banks (in such capacities, together with its permitted successors and assigns, the “Conduit Agent”); (6) Each of the financial instit
OMNIBUS AMENDment AGREEMENTOmnibus Amendment Agreement • March 12th, 2024 • Bunker Hill Mining Corp. • Metal mining • Ontario
THIS OMNIBUS AMENDMENT AGREEMENT (this “Agreement”) dated as of January 28, 2022 (the “Effective Date”) by and among Silver Valley Metals Corp. (“Mine Owner”) and Bunker Hill Mining Corp. (“BHMC” and together with Mine Owner, the “Obligors”) [Redacted – Affiliate of Sprott Private Resource Streaming and Royalty Corp.] (“SPRSR”).
SECOND OMNIBUS AMENDment AGREEMENTOmnibus Amendment Agreement • December 23rd, 2022 • Bunker Hill Mining Corp. • Metal mining • Ontario
THIS SECOND OMNIBUS AMENDMENT AGREEMENT (this “Agreement”) dated as of June 17, 2022 (the “Effective Date”) by and among Silver Valley Metals Corp. (“Mine Owner”) and Bunker Hill Mining Corp. (“BHMC” and together with Mine Owner, the “Obligors”), [Redacted - Affiliate of Sprott Private Resource Streaming & Royalty Corp.] in its own capacity (“SPRSR) and in its capacity as security agent for and on behalf of the Sprott Entities (the “Security Agent”), [Redacted - Affiliates of Sprott Private Resource Streaming & Royalty Corp.], [Redacted – Funds managed or sub-managed by Affiliates of Sprott Private Resource Streaming & Royalty Corp.], and [Redacted – Affiliates of Ninepoint Partners LP].
OMNIBUS AMENDMENT AGREEMENTOmnibus Amendment Agreement • January 14th, 2009 • Centrue Financial Corp • National commercial banks • Illinois
This Omnibus Amendment Agreement, dated as of January , 2009 (the “Agreement”), is entered into by and between (the “Executive”) and Centrue Financial Corporation, Inc. (the “Company”).
OMNIBUS AMENDMENT AGREEMENTOmnibus Amendment Agreement • March 8th, 2010 • Motricity Inc • Services-business services, nec • Delaware
THIS OMNIBUS AMENDMENT AGREEMENT (this “Agreement”) is made as of January 20, 2010 (the “Effective Date”) by and between Motricity, Inc., a Delaware corporation (“Motricity”), and Advanced Equities, Inc., an Indiana corporation (“AEI”).
OMNIBUS AMENDMENT AGREEMENTOmnibus Amendment Agreement • November 9th, 2017 • SEACOR Marine Holdings Inc. • Deep sea foreign transportation of freight • New York
THIS OMNIBUS AMENDMENT AGREEMENT RELATING TO LOAN AGREEMENT (this “Agreement”) is made as of the 3rd day of November, 2017, by each of the Borrowers, the SEACOR Guarantor, the SEACOR Parent, the MONTCO Parent, the Lenders, the Facility Agent and the Security Trustee (as each such term is hereinafter defined) and amends and is supplemental to (1) that certain senior secured loan agreement dated as of the 3rd day of August, 2015, as amended by an amendment no. 1 thereto (“Amendment No. 1”) dated as of April 28, 2017, and as further amended by those certain letter agreements dated as of April 28, 2017, and June 30, 2017 (as amended, the “Loan Agreement”), by and among (i) FALCON GLOBAL LLC (“Falcon Global”), FALCON PEARL LLC (“Falcon Pearl”) and FALCON DIAMOND LLC (“Falcon Diamond”), each a limited liability company organized under the laws of the Republic of the Marshall Islands, as joint and several borrowers (each, a “Borrower” and collectively, the “Borrowers”), (ii) DNB MARKETS, INC.
Third OMNIBUS AMENDment AGREEMENTOmnibus Amendment Agreement • March 12th, 2024 • Bunker Hill Mining Corp. • Metal mining • Ontario
THIS THIRD OMNIBUS AMENDMENT AGREEMENT (this “Agreement”) dated as of December 5, 2022 (the “Effective Date”) by and among Silver Valley Metals Corp. (“Mine Owner”) and Bunker Hill Mining Corp. (“BHMC” and together with Mine Owner, the “Obligors”), [Redacted – Affiliate of Sprott Private Resource Streaming and Royalty Corp.] in its own capacity (“SPRSR”) and in its capacity as security agent for and on behalf of the Sprott Entities (the “Security Agent”), [Redacted – Affiliates of Sprott Private Resource Streaming and Royalty Corp.], [Redacted – Funds managed or sub-managed by Affiliates of Sprott Private Resource Streaming and Royalty Corp.], and [Redacted – Affiliates of Ninepoint Partners LP].
OMNIBUS AMENDMENT AGREEMENTOmnibus Amendment Agreement • August 3rd, 2005 • Electronic Arts Inc • Services-prepackaged software • California
OMNIBUS AMENDMENT AGREEMENTOmnibus Amendment Agreement • September 19th, 2023 • SRAX, Inc. • Services-advertising agencies • Delaware
THIS OMNIBUS AMENDMENT AGREEMENT (this “Amendment”), dated and effective as of September 11, 2023 is entered into by and among (i) SRAX, Inc., a corporation incorporated under the laws of the State of Delaware (the “Company”); (ii) ATW Opportunities Master Fund II, L.P., a limited partnership organized and existing under the laws of the State of Delaware (“ATW Opportunities”), and (iii) ATW Master Fund II, L.P., a limited partnership organized and existing under the laws of the State of Delaware (“ATW Master Fund”). The Company, ATW Opportunities and ATW Master Fund are collectively referred to herein as the “Parties,” or each of them individually as a “Party”. Capitalized terms in this Amendment shall have the meanings given to them in each of the Credit Agreement (as defined below) or Debenture (as defined below), as applicable, unless otherwise defined herein.
OMNIBUS AMENDMENT AGREEMENTOmnibus Amendment Agreement • March 16th, 2010 • Unigene Laboratories Inc • Medicinal chemicals & botanical products • Illinois
This OMNIBUS AMENDMENT AGREEMENT (this “Amendment”), dated as of October 19, 2009, is by and among UNIGENE LABORATORIES, INC. (“Principal Borrower”), VICTORY PARK MANAGEMENT, LLC, as administrative agent and collateral agent (“Agent”) and the Holders signatory hereto. Unless otherwise specified herein, capitalized terms used in this Amendment shall have the meanings ascribed to them in the Financing Agreement (as hereinafter defined).
SECOND OMNIBUS AMENDMENT AGREEMENTOmnibus Amendment Agreement • March 16th, 2009 • Broadwind Energy, Inc. • Nonferrous foundries (castings)
THIS SECOND OMNIBUS AMENDMENT AGREEMENT, dated as of March 13, 2009 (this “Amendment”), is by and among BRAD FOOTE GEAR WORKS, INC. (f/k/a BFG Acquisition Corp.), an Illinois corporation (the “Borrower”), 1309 SOUTH CICERO AVENUE, LLC, a Delaware limited liability company (“1309”), 5100 NEVILLE ROAD, LLC, a Delaware limited liability company (“5100” and, together with 1309, the “Subsidiaries”) and BANK OF AMERICA, N.A., (f/k/a LaSalle Bank National Association, f/k/a LaSalle National Bank, f/k/a LaSalle Bank N.I.) (the “Lender”).
Omnibus Amendment AgreementOmnibus Amendment Agreement • May 16th, 2005 • Flyi Inc • Air transportation, scheduled • New York
This omnibus amendment agreement (this “Agreement”) dated as of January 7, 2005 is made with respect to (i) each of the ten Lease Agreements described on Schedule 1 hereto (each a “Subject Lease”), each between INDEPENDENCE AIR, INC. (the “Lessee”) (formerly known as Atlantic Coast Airlines) as lessee, and WACHOVIA BANK, NATIONAL ASSOCIATION, as owner trustee (the “Owner Trustee” or “Lessor”) under the applicable Trust Agreement described on Schedule 1 hereto, as lessor, (ii) each of the Bombardier model CL-600-2B19 aircraft identified on Schedule 1 hereto (the “Subject Aircraft”), each of which is leased by the Owner Trustee to the Lessee under one of the Subject Leases, (iii) each of the Participation Agreements (as respectively defined in each Subject Lease) (each a “Participation Agreement” and, together with the Subject Leases, the Subject Mortgages (as defined below) and the other Operative Documents (as respectively defined in each of the Subject Leases), the “Subject Operative
SECOND OMNIBUS AMENDMENT AGREEMENTOmnibus Amendment Agreement • November 7th, 2023 • Ontario
THIS SECOND OMNIBUS AMENDMENT $*5((0(17A g reeWmKenLt´V d at e³d as of June 17, 2022 WKEfHfe cti³ve Date´ by and among Silver Valley Metals Corp. M³ine Owner´ an d Bunker
SLM STUDENT LOAN TRUST 2006-4 OMNIBUS AMENDMENT AGREEMENT,Omnibus Amendment Agreement • January 23rd, 2018 • New York
WHEREAS, the Issuer desires to amend the Indenture and the Administration Agreement (collectively, the “Agreements”) to provide for the conversion of the Class A-6 Notes from EURIBOR Notes to LIBOR Notes in connection with a concurrent close-out and termination of all existing Currency Swap Agreements pursuant to a separate Amendment and Close-Out Agreement dated the date hereof with respect to the Indenture, the Administration Agreement and the Currency Swap Agreements (the “Amendment and Close-Out Agreement” and, together with this Amendment Agreement, the “Amendments”);
SECOND OMNIBUS AMENDMENT AGREEMENTOmnibus Amendment Agreement • August 13th, 2019 • Applied Dna Sciences Inc • Services-miscellaneous business services • New York
This SECOND OMNIBUS AMENDMENT AGREEMENT (this “Amendment”), dated as of July 19, 2019 (the “Effective Date”), is entered into by and among APPLIED DNA SCIENCES, INC., a Delaware corporation (the “Issuer”), APDN (B.V.I.) INC., a corporation organized under the laws of the British Virgin Islands (the “Guarantor”, and together with the Issuer, collectively, the “Grantors” and each a “Grantor”), DELAWARE TRUST COMPANY, a Delaware corporation, as collateral agent (together with its successors and assigns, in such capacity, the “Collateral Agent”) for the benefit of the Buyers (defined below) and each of the investors listed on Schedule I attached hereto (each, a “Buyer” and collectively, the “Buyers”; the Buyers and the Collateral Agent are collectively, together with their successors and assigns, collectively, the “Secured Parties”).
Exhibit 10.49 Omnibus Amendment Agreement This omnibus amendment agreement (this "Agreement") is entered into as of this 22nd day of October, 2003, by and among Citadel Cinemas, Inc. ("Citadel"), Sutton Hill Capital LLC ("Sutton Capital"), Nationwide...Omnibus Amendment Agreement • November 14th, 2003 • Reading International Inc • Operators of apartment buildings • New York
OMNIBUS AMENDMENT AGREEMENTOmnibus Amendment Agreement • August 9th, 2018 • MaxQ AI Ltd. • Services-computer programming services • New York
THIS OMNIBUS AMENDMENT AGREEMENT (this “Amendment”), is made as of March 23, 2018, between MaxQ AI Ltd. (f/k/a MedyMatch Technology Ltd.), a company incorporated under the laws of the State of Israel (the “Company”), and South Florida Biotech Ventures LLC (including its successors and permitted assigns, “South Florida”). Capitalized terms used but not defined herein shall have the meaning ascribed to them in the SPA (as defined below).
OMNIBUS AMENDMENT AGREEMENT NUMBER THREEOmnibus Amendment Agreement • August 9th, 2018 • MaxQ AI Ltd. • Services-computer programming services • New York
THIS OMNIBUS AMENDMENT AGREEMENT NUMBER THREE (this “Amendment”), is made as of August 7, 2018, between MaxQ AI Ltd. (formerly known as MedyMatch Technology Ltd.), a company incorporated under the laws of the State of Israel (the “Company”), and the purchasers identified on the signature pages hereto (each a “Purchaser” and collectively “Purchasers”). Capitalized terms used but not defined herein shall have the meaning ascribed to them in the SPA (as defined below).
OMNIBUS AMENDMENT AGREEMENT Dated as of August 1, 2011 by and among ARMSTRONG RECEIVABLES COMPANY LLC as Seller, ARMSTRONG WORLD INDUSTRIES, INC., as Servicer, ARMSTRONG HARDWOOD FLOORING COMPANY, as Originator ATLANTIC ASSET SECURITIZATION LLC, as...Omnibus Amendment Agreement • February 27th, 2012 • Armstrong World Industries Inc • Plastics products, nec • New York
This OMNIBUS AMENDMENT AGREEMENT (this “Agreement”), dated as of August 1, 2011 (the “Amendment Effective Date”), is by and among Armstrong Receivables Company LLC, a Delaware limited liability company (the “Company”), Armstrong World Industries, Inc., a Pennsylvania corporation (“Armstrong”), Armstrong Hardwood Flooring Company, a Tennessee corporation (“AHFC”), Atlantic Asset Securitization LLC, a Delaware limited liability company (“Atlantic”), and Crédit Agricole Corporate and Investment Bank, a French banking corporation, duly licensed under the laws of the State of New York (“Crédit Agricole”).
OMNIBUS AMENDMENT AGREEMENT This Omnibus Amendment Agreement (this "Agreement") is made as of August 31, 2000 by and among Onkyo Acquisition Corporation, an Indiana corporation ("Onkyo"), Onkyo America, Inc., an Indiana corporation ("Onkyo America";...Omnibus Amendment Agreement • September 14th, 2000 • Global Technovations Inc • Plastics products, nec • Illinois
OMNIBUS AMENDMENT AGREEMENTOmnibus Amendment Agreement • November 5th, 2020 • Bellicum Pharmaceuticals, Inc • Pharmaceutical preparations • New York
THIS OMNIBUS AMENDMENT AGREEMENT (“Agreement”) is entered into and made effective as of October 3, 2014 (the “Effective Date”) by and between ARIAD PHARMACEUTICALS, INC., a Delaware corporation with its principal place of business at 26 Landsdowne Street, Cambridge, MA 02139 (“ARIAD”), and BELLICUM PHARMACEUTICALS, INC., a Delaware corporation with a place of business at 2130 Holcombe Boulevard, Suite 850, Houston, TX 77030 (“Bellicum”). ARIAD and Bellicum may be referred to herein individually as a “Party” and collectively as “Parties.”
THIRD OMNIBUS AMENDMENT AGREEMENTOmnibus Amendment Agreement • November 12th, 2019 • Liminal BioSciences Inc. • Ontario
