Third Amending Agreement Sample Contracts

THE LENDERS WHO ARE PARTIES TO THE EXISTING CREDIT AGREEMENT
Third Amending Agreement • March 28th, 2005 • Norske Skog Canada LTD • Paper mills
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THIRD AMENDING AGREEMENT
Third Amending Agreement • August 11th, 2008 • OccuLogix, Inc. • Surgical & medical instruments & apparatus • Oklahoma

THIS THIRD AMENDING AGREEMENT is made as of the 25th day of July, 2008 by and between David C. Eldridge (the “Employee”), a resident of the State of Oklahoma, 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.

SMTC MANUFACTURING CORPORATION OF CALIFORNIA SMTC MANUFACTURING CORPORATION OF WISCONSIN SMTC MANUFACTURING CORPORATION OF MASSACHUSETTS SMTC MEX HOLDINGS, INC. collectively, as US Borrowers - and - WACHOVIA CAPITAL FINANCE CORPORATION (CENTRAL),...
Third Amending Agreement • June 16th, 2006 • SMTC Corp • Printed circuit boards • Illinois

WHEREAS US Borrowers, Lender and US Collateral Agent entered into a loan agreement dated June 1, 2004 (the “Loan Agreement”) pursuant to which certain credit facilities were established in favour of US Borrowers;

RECITALS
Third Amending Agreement • November 8th, 2023 • LeddarTech Holdings Inc. • Services-prepackaged software • Quebec
THIRD AMENDING AGREEMENT
Third Amending Agreement • March 24th, 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 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 January 12, 2006 and Second Amending Agreement dated February 20, 2006 (as amended, the “Support Agreement”);

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

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:

THIRD AMENDING AGREEMENT
Third 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");

THIRD AMENDING AGREEMENT
Third Amending Agreement • May 17th, 2006 • Falconbridge 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 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 January 12, 2006 and Second Amending Agreement dated February 20, 2006 (as amended, the "Support Agreement");

THIRD AMENDING AGREEMENT TO THE COMMITMENT LETTER DATED MAY 16, 2017
Third Amending Agreement • November 5th, 2020 • Transglobe Energy Corp • Crude petroleum & natural gas
THIRD AMENDING AGREEMENT
Third Amending Agreement • July 12th, 2005 • Mad Catz Interactive Inc • Games, toys & children's vehicles (no dolls & bicycles) • England and Wales

This Third Amending Agreement dated February 1, 2005, is by and between MAD CATZ INTERACTIVE, INC. (“Mad Catz”) and FIRE INTERNATIONAL LTD. and its related companies (“Fire”).

THIRD AMENDING AGREEMENT
Third Amending Agreement • August 9th, 2013 • Baytex Energy Corp. • Drilling oil & gas wells • Alberta

Capitalized terms used herein without express definition shall have the same meanings herein as are ascribed thereto in the Credit Agreement as amended by the Third Amending Agreement, as the context requires.

THIRD AMENDING AGREEMENT
Third Amending Agreement • February 9th, 2024 • Telus Corp • Radiotelephone communications • Ontario

WHEREAS the Borrower has requested that the Lenders make available to it a credit facility, and the Lenders have agreed to do so on the terms and conditions set forth herein;

THIRD AMENDING AGREEMENT
Third Amending Agreement • July 9th, 2009 • Baytex Energy Trust • Drilling oil & gas wells • Alberta

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

THIRD AMENDING AGREEMENT
Third Amending Agreement • July 29th, 2014 • Potash Corp of Saskatchewan Inc • Agricultural chemicals • Ontario

POTASH CORPORATION OF SASKATCHEWAN INC., a corporation subsisting under the laws of Canada (hereinafter referred to as the “Borrower”),

THIRD AMENDING AGREEMENT
Third Amending Agreement • October 7th, 2020

WHEREAS the parties are subject to a letter of intent containing a Mineral Property Option and dated October 10, 2018, as amended on June 28, 2019 (collectively the “Option Agreement”);

THIS THIRD AMENDING AGREEMENT, made as of the 26 day of September, 2006. BETWEEN: MAGNA ENTERTAINMENT CORP., a corporation incorporated under the laws of the State of Delaware, (hereinafter called the "Borrower"),
Third Amending Agreement • November 9th, 2006 • Magna Entertainment Corp • Services-racing, including track operation • New York

(hereinafter called the "Ocala Guarantor") (the Meadows Guarantors, the Golden Gate Fields Guarantors, the Santa Anita Guarantors, the Gulfstream Guarantor, the Palm Meadows Training Guarantor, the San Luis Rey Downs Guarantor, the Dixon Guarantor and the Ocala Guarantor hereinafter collectively called the "Original Guarantors"),

THIRD AMENDING AGREEMENT
Third Amending Agreement • March 1st, 2013 • 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"),

THIRD AMENDING AGREEMENT
Third 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”),

THIRD AMENDING AGREEMENT DATED AS OF NOVEMBER 4, 2019 TO THE RESTATED CREDIT AGREEMENT DATED AS OF OCTOBER 5, 2017 AMONG MAXAR TECHNOLOGIES INC. as successor Borrower – and – MDA SYSTEMS HOLDINGS LTD. as Cdn. Borrower – and – ROYAL BANK OF CANADA as...
Third Amending Agreement • December 11th, 2019 • Maxar Technologies Inc. • Radio & tv broadcasting & communications equipment • New York

MAXAR TECHNOLOGIES INC., a publicly-traded corporation organized under the laws of the State of Delaware (hereinafter referred to as the “Borrower”)

THIS THIRD AMENDING AGREEMENT made and dated effective the 15th day of February, 2004 AMONG:
Third Amending Agreement • July 12th, 2004 • Tryx Ventures Corp • Metal mining

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 1B6

THIRD AMENDING AGREEMENT
Third Amending Agreement • March 8th, 2010 • Oncogenex Pharmaceuticals, Inc. • In vitro & in vivo diagnostic substances

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

THIRD AMENDING AGREEMENT
Third Amending Agreement • May 16th, 2019 • 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"),

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THIRD AMENDING AGREEMENT TO THE COMMITMENT LETTER DATED SEPTEMBER 19 2013
Third Amending Agreement • July 29th, 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 and the Second Amending Agreement dated as of the 28th day of November, 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.

THIRD AMENDING AGREEMENT
Third Amending Agreement • February 2nd, 2015 • Vista Gold Corp • Gold and silver ores
THIRD AMENDING AGREEMENT THIS AGREEMENT is made as of December 7, 2004,
Third Amending Agreement • March 15th, 2005 • Magna Entertainment Corp • Services-racing, including track operation

The Lender has made a certain credit facility available to the Borrower in accordance with the terms and conditions set out in an amended and restated credit agreement (the "Amended and Restated Credit Agreement") dated as of October 10, 2003, between the Borrower, the Guarantors, the Lender, the Agent and BMO Nesbitt Burns Inc., a Division of Bank of Montreal, as arranger;

THIRD AMENDING AGREEMENT
Third Amending Agreement • March 1st, 2010 • Apollo Gold Corp • Gold and silver ores • Ontario

Third amending agreement (the "Third Amending Agreement") dated February 26, 2010 between RAB Special Situations (Master) Fund Limited ("RAB") and Apollo Gold Corporation ("Apollo").

THIRD AMENDING AGREEMENT
Third Amending Agreement • August 16th, 2021 • SusGlobal Energy Corp. • Refuse systems
THIS THIRD AMENDING AGREEMENT is made as of March 20, 2018. AMONG:
Third Amending Agreement • August 3rd, 2018 • 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

THIRD AMENDING AGREEMENT BETWEEN MAGNA INTERNATIONAL INC. as Borrower AND THE BANK OF NOVA SCOTIA as Administrative Agent AND THE BANK OF NOVA SCOTIA, CITIGROUP GLOBAL MARKETS INC., BofA SECURITIES, INC., BNP PARIBAS SECURITIES CORP., ROYAL BANK OF...
Third Amending Agreement • December 13th, 2021 • Magna International Inc • Motor vehicle parts & accessories • Ontario

WHEREAS the Borrower, the Agent and the Lenders are party to an amended and restated credit agreement dated as of May 24, 2019 (as amended April 13, 2020 and December 11, 2020, the "Credit Agreement");

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