Second Amending Agreement Sample Contracts

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SECOND AMENDING AGREEMENT
Second Amending Agreement • August 11th, 2008 • OccuLogix, Inc. • Surgical & medical instruments & apparatus • Mississippi

THIS SECOND AMENDING AGREEMENT is made as of the 16th day of June, 2008 by and between Stephen Parks (the “Employee”), a resident of the State of Mississippi, and OccuLogix, Inc. (the “Employer”), a corporation incorporated under the laws of the State of Delaware, and having its executive offices at 2600 Skymark Avenue, Building 9, Suite 201, Mississauga, Ontario, L4W 5B2.

THIS SECOND AMENDING AGREEMENT
Second Amending Agreement • June 29th, 2016 • Nutritional High International Inc • Pharmaceutical preparations

WHEREAS Palo Verde has entered into a lease agreement with NHC dated July 23, 2014, AS AMENDED ON December 16, 2014, (altogether, the "Lease Agreement") to lease from NHC two buildings located at 78 Silicon Drive, Pueblo West, Colorado 81007 ("Pueblo Location"): (1) one building consisting of approximately 5,000 rentable square feet ("Building A") and (2) one building consisting of approximately 10,000 rentable square feet ("Building B");

SECOND AMENDING AGREEMENT
Second Amending Agreement • March 16th, 2021 • Ontario

WHEREAS the Purchaser and the Company entered into an arrangement agreement dated as of December 30, 2020 which contemplates an arrangement of the Company under Section 182 of the Business Corporations Act (Ontario), pursuant to which the Company shall be acquired by the Purchaser (as amended January 22, 2021, the “Arrangement Agreement”);

SECOND AMENDING AGREEMENT
Second Amending Agreement • February 9th, 2021 • Ontario
EX-99.4 5 a15-9484_1ex99d4.htm EX-99.4 Execution Version THIS SECOND AMENDING AGREEMENT made as of the 28th day of May, 2014 B E T W E E N: SEARS CANADA INC., as Borrower and THE LENDERS NAMED HEREIN and THE L/C ISSUING BANK NAMED HEREIN and WELLS...
Second Amending Agreement • May 5th, 2020 • Ontario

WHEREAS Sears Canada Inc., as borrower (the “Borrower”), the banks, financial institutions and other institutional lenders listed on the signature pages thereto (the “Lenders”), the L/C Issuing Bank party hereto, and Wells Fargo Capital Finance Corporation Canada, as administrative agent (the “Agent”), entered into that certain credit agreement dated as of September 10, 2010 (as amended and in effect on the date hereof, the “Credit Agreement”) pursuant to which certain credit facilities were established in favour of the Borrower;

SECOND AMENDING AGREEMENT
Second Amending Agreement • June 29th, 2016 • Nutritional High International Inc • Pharmaceutical preparations

WHEREASPalo Verde has entered into a lease agreement with NHC dated July 23, 2014, as amended on December 16, 2014, (altogether, the "Lease Agreement") to lease from NHC one building located at 78 Silicon Drive, Pueblo West, Colorado 81007 ("Pueblo Location"), consisting of approximately 11,000 rentable square feet ("Building A");

SECOND AMENDING AGREEMENT
Second Amending Agreement • March 30th, 2006 • Almaden Minerals LTD • Metal mining

BHP BILLITON WORLD EXPLORATION INC., a company incorporated under the laws of Canada, having an office at 2300 – 1111 West Georgia Street, Vancouver, British Columbia, V6E 4M3

SECOND AMENDING AGREEMENT
Second Amending Agreement • February 20th, 2024 • Obsidian Energy Ltd. • Crude petroleum & natural gas

OBSIDIAN ENERGY LTD., a corporation subsisting under the laws of the Province of Alberta (hereinafter referred to as the “Borrower”),

SECOND AMENDING AGREEMENT
Second Amending Agreement • November 9th, 2006 • Magna Entertainment Corp • Services-racing, including track operation
SECOND AMENDING AGREEMENT
Second Amending Agreement • June 18th, 2018 • Accelerize Inc. • Services-business services, nec • British Columbia

WHEREAS the Borrower and the Lender have entered into a credit agreement dated as of January 25, 2018 as amended by a first amending agreement (the “First Amending Agreement”) dated as of May 31, 2018 (collectively, the "Credit Agreement");

THIS SECOND AMENDING AGREEMENT (the “Amending Agreement” or “Agreement”) is dated as of the 31st day of December, 2013 AMONG:
Second Amending Agreement • January 29th, 2014 • Timmins Gold Corp. • Gold and silver ores • British Columbia
THIS SECOND AMENDING AGREEMENT is made as of January 20, 2020. AMONG:
Second Amending Agreement • March 13th, 2020 • I-Minerals Inc • Metal mining

I-Minerals Inc., a body corporate, continued under the laws of Canada, having its head office at Suite 880 — 580 Hornby Street, Vancouver, British Columbia, Canada V6C 3B6

SECOND AMENDING AGREEMENT TO THE COMMITMENT LETTER DATED SEPTEMBER 19 2013
Second Amending Agreement • April 30th, 2015 • Hemisphere Energy Corp • Crude petroleum & natural gas • Alberta

We refer to our Letter Agreement dated September 19, 2013 between Hemisphere Energy Corporation (the "Borrower") and Alberta Treasury Branches (the "Lender"), as amended by the First Amending Agreement, dated as of the 23rdday of June, 2014 (collectively, the "Commitment Letter”) and confirm our agreement to amend our offer of financial assistance to the Borrower on the terms and conditions described below. Capitalized terms and paragraph references used herein without definition shall have the meaning and application given to them in the Commitment Letter.

SECOND AMENDING AGREEMENT (March 16, 2010 Note Agreement)
Second Amending Agreement • August 19th, 2015 • Penn West Petroleum Ltd. • Crude petroleum & natural gas • Alberta

THIS SECOND AMENDING AGREEMENT dated as of May 22, 2015 (this “Agreement”) to the Note Purchase Agreement dated as of March 16, 2010 (as amended by the First Amending Agreement, dated as of December 2, 2010, and the Limited Waiver, Amendment and Retention of Rights Acknowledgment Agreement, dated as of August 15, 2014, the “Existing Note Agreement” and, as amended hereby and as further amended, restated, supplemented or otherwise modified from time to time, the “Note Agreement”) among Penn West Petroleum Ltd. (the “Company”) and the Purchasers listed on the signature pages hereof as holders (the “holders”) of the outstanding senior guaranteed notes (as in effect prior to this Agreement, the “Existing Notes” and, as amended hereby and as further amended, restated, supplemented or otherwise modified from time to time, the “Notes”) of the Company issued thereunder.

SECOND AMENDING AGREEMENT
Second Amending Agreement • April 2nd, 2018 • Pioneer Power Solutions, Inc. • Power, distribution & specialty transformers

This Second Amending Agreement is entered into as of March 28, 2018, by and among Pioneer Electrogroup Canada Inc., a Canadian corporation (the “Borrower”), Pioneer Power Solutions, Inc. (“PPSI”) and the direct and indirect Canadian Subsidiaries of the Borrower or of PPSI from time to time party to the Credit Agreement, as Guarantors (the “Guarantors”), and Bank of Montreal, a Canadian chartered bank (the “Bank”).

ATS AUTOMATION TOOLING SYSTEMS INC., AUTOMATION TOOLING SYSTEMS ENTERPRISES, INC. and AUTOMATION TOOLING SYSTEMS ENTERPRISES GMBH As Borrowers and THE SUBSIDIARIES OF ATS AUTOMATION TOOLING SYSTEMS INC. FROM TIME TO TIME PARTY TO THIS AGREEMENT As...
Second Amending Agreement • November 20th, 2023 • ATS Corp /ATS • General industrial machinery & equipment, nec • Ontario

THEREFORE, for value received, and intending to be legally bound by this Agreement, the Parties agree that the Existing Credit Agreement is hereby amended and restated so that as amended and restated it reads as follows:

SECOND AMENDING AGREEMENT dated as of February 25, 2020.
Second Amending Agreement • February 27th, 2020 • Iamgold Corp • Gold and silver ores • Ontario

AND: NATIONAL BANK OF CANADA DEUTSCHE BANK AG, CANADA BRANCH CITIBANK, N.A., CANADIAN BRANCH MORGAN STANLEY SENIOR FUNDING, INC. ROYAL BANK OF CANADA THE TORONTO-DOMINION BANK BNP PARIBAS CANADIAN IMPERIAL BANK OF COMMERCE INVESTISSEMENT QUÉBEC (as successor to Ressources Québec Inc.) EXPORT DEVELOPMENT CANADA (each as "Lender")

SECOND AMENDING AGREEMENT
Second Amending Agreement • February 28th, 2006 • Inco LTD • Primary smelting & refining of nonferrous metals

WHEREAS the Offeror mailed the Offer dated October 24, 2005 to purchase all outstanding Common Shares of the Company (the “Original Offer”) in accordance with Section 1.1(b) of the Support Agreement dated October 10, 2005 entered into between the Offeror and the Company, as amended by Amending Agreement dated February 20, 2006 (as amended, the “Support Agreement”);

SECOND AMENDING AGREEMENT
Second Amending Agreement • October 1st, 2021 • Canadian Pacific Railway LTD/Cn • Railroads, line-haul operating • Alberta

ROYAL BANK OF CANADA, a Canadian chartered bank, as administrative agent of the Lenders (hereinafter referred to as the “Agent”),

SECOND AMENDING AGREEMENT
Second Amending Agreement • October 9th, 2008 • OccuLogix, Inc. • Surgical & medical instruments & apparatus • Delaware

THIS SECOND AMENDING AGREEMENT (this “Agreement”) is made and entered into as of October 6, 2008 by and among OccuLogix, Inc., a Delaware corporation (“Parent”), OcuSense Acquireco, Inc., a Delaware corporation and a wholly-owned subsidiary of Parent (“Merger Sub”), and OcuSense, Inc., a Delaware corporation (the “Company”).

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SEcond AMENDING AGREEMENT
Second Amending Agreement • February 10th, 2022 • Telus Corp • Radiotelephone communications • Ontario

***** and one or more Persons to whom the foregoing or their respective permitted assigns may from time to time assign an undivided interest in the Credit Facility Documents and who agree to be bound by the terms thereof as a Lender (as defined herein)

SCHNEIDER POWER INC., a corporation existing under the laws of the Province of Ontario (hereinafter referred to as the “Purchaser”). -and- GREEN BREEZE ENERGY INC., a corporation existing under the laws of the Province of Ontario (hereinafter referred...
Second Amending Agreement • April 25th, 2012 • Quantum Fuel Systems Technologies Worldwide, Inc. • Motor vehicle parts & accessories • Ontario

NOW THEREFORE in consideration of the recitals and the covenants and conditions herein contained and other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged by each Party), the Parties, intending to be legally bound, agree as follows.

SECOND AMENDING AGREEMENT
Second Amending Agreement • March 13th, 2012 • Nova Chemicals Corp /New • Industrial organic chemicals • Alberta

NOVA CHEMICALS CORPORATION, a corporation subsisting under the laws of the Province of New Brunswick (hereinafter referred to as the “Borrower”),

SECOND AMENDING AGREEMENT
Second Amending Agreement • February 28th, 2013 • Cardero Resource Corp. • Gold and silver ores

CARDERO COAL LTD., a company duly incorporated pursuant to the laws of British Columbia and having its principal office at 1812-1177 West Hastings Street, Vancouver, B.C., Canada V6E 2K3

SECOND AMENDING AGREEMENT
Second Amending Agreement • December 13th, 2006 • Oncogenex Technologies Inc

THE UNIVERSITY OF BRITISH COLUMBIA, a corporation continued under the University Act of British Columbia and having its Industry Liaison offices at #103 – 6190 Agronomy Road, Vancouver, British Columbia, V6T 1Z3

SECOND AMENDING AGREEMENT
Second Amending Agreement • July 24th, 2006 • Trident Resources Corp • Alberta

TRIDENT EXPLORATION CORP., an unlimited liability company under the laws of the Province of Nova Scotia (hereinafter referred to as the “Borrower”),

SECOND AMENDING AGREEMENT
Second Amending Agreement • February 24th, 2015 • Baytex Energy Corp. • Drilling oil & gas wells • Alberta

BAYTEX ENERGY CORP., a corporation amalgamated under the laws of the Province of Alberta (hereinafter referred to as the "Canadian Borrower"), and BAYTEX ENERGY USA, INC., a Delaware corporation (hereinafter referred to as the "U.S. Borrower" and together with the Canadian Borrower, collectively, the "Borrowers" and, individually, a "Borrower"),

THIS SECOND AMENDING AGREEMENT made and dated for reference the 25th day of July, 2003. AMONG:
Second Amending Agreement • August 8th, 2003 • Tryx Ventures Corp

TRYX VENTURES CORP., a body corporate, incorporated under the laws of British Columbia, having its head office at Suite 314 - 837 West Hastings Street, Vancouver, British Columbia V6C IB6

HUDSON’S BAY COMPANY, TARGET CORPORATION, and TARGET CANADA CO. SECOND AMENDING AGREEMENT TO AMENDED AND RESTATED TRANSACTION AGREEMENT DATED SEPTEMBER 12, 2011 As of June 18, 2012
Second Amending Agreement • August 23rd, 2012 • Target Corp • Retail-variety stores • Ontario

Second Amending Agreement dated June 18, 2012 between Zellers Inc. (“Zellers”), Hudson’s Bay Company (“HBC”), Target Corporation (“Target”), and Target Canada Co.

Contract
Second Amending Agreement • August 11th, 2008 • OccuLogix, Inc. • Surgical & medical instruments & apparatus • Ontario
SECOND AMENDING AGREEMENT RE: FOURTH amended and restated CREDIT AGREEMENT THIS SECOND AMENDING AGREEMENT made as of the 6th day of June, 2024 (this “Amendment”).
Second Amending Agreement • June 11th, 2024 • Fortis Inc. • Electric services • Ontario

FOURTH AMENDED AND RESTATED CREDIT AGREEMENT dated as of May 4, 2022 among Fortis Inc., a corporation incorporated under the laws of the Province of Newfoundland and Labrador (the “Borrower”), the lending institutions from time to time parties hereto as Lenders (each a “Lender” and, collectively, the “Lenders”) and The Bank of Nova Scotia, in its capacity as administrative agent of the Lenders (the “Agent”).

SECOND AMENDING AGREEMENT
Second Amending Agreement • September 26th, 2024 • Endeavour Silver Corp • Gold and silver ores • British Columbia

WHEREAS the Lenders have established certain credit facilities in favour of the Borrower pursuant to a credit agreement dated October 6, 2023 entered into between, inter alia, the Borrower, the Lenders and the Administrative Agent (as amended to the date hereof, the "Credit Agreement");

SECOND AMENDING AGREEMENT
Second Amending Agreement • May 31st, 2005 • Nortel Networks Corp • Telephone & telegraph apparatus • Ontario

THIS SECOND AMENDING AGREEMENT made as of the 7th day of February, 2005 (“Amending Agreement”) by and among Flextronics Telecom Systems Ltd., a Mauritius corporation (“Purchaser”), Flextronics International Ltd., a Singapore corporation acting through its Hong Kong office (the “Guarantor”) and Nortel Networks Limited, a Canadian corporation (“Seller”).

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