Exhibit (h)(4)(vii) Form of Third Amendment Agreement Dated as of March __, 2006 To: The Banks party to the Credit Agreement referred to below c/o State Street Bank and Trust Company, as Operations and Administrative Agent 225 Franklin Street, MAO/7...Third Amendment Agreement • March 24th, 2006 • Columbia Funds Series Trust I
Contract Type FiledMarch 24th, 2006 Company
ContractThird Amendment Agreement • March 10th, 2010 • Kronos International Inc • Industrial inorganic chemicals
Contract Type FiledMarch 10th, 2010 Company IndustryExecution Copy DATED 26 May 2008 KRONOS TITAN GMBH KRONOS EUROPE S.A./N.V. KRONOS TITAN AS KRONOS NORGE AS TITANIA AS AND KRONOS DENMARK APS AS BORROWERS KRONOS TITAN GMBH KRONOS EUROPE S.A./N.V. KRONOS NORGE AS AND KRONOS DENMARK APS AS GUARANTORS WITH DEUTSCHE BANK LUXEMBOURG S.A. ACTING AS AGENT _________________________________________________________________ THIRD AMENDMENT AGREEMENT RELATING TO A FACILITY AGREEMENT DATED 25 JUNE 2002 (as amended by an amendment agreement dated 3 September 2004 and by an amendment agreement dated 14 June 2005) __________________________________________________________________
THIRD AMENDMENT AGREEMENTThird Amendment Agreement • May 22nd, 2019 • Inpixon • Services-computer programming services • Nevada
Contract Type FiledMay 22nd, 2019 Company Industry JurisdictionThis THIRD AMENDMENT AGREEMENT (this “Third Amendment”) is made and entered into as of May 22, 2019 (“Amendment Date”) by and between Sysorex, Inc., a Nevada corporation (the “Company”), and Inpixon, a Nevada corporation (the “Purchaser”). In this Third Amendment, the Company and the Purchaser are sometimes referred to singularly as a “party” and collectively as the “parties”. Capitalized terms not otherwise defined herein shall have the meanings set forth in the Note (as defined below) or the NPA (as defined below), as applicable.
CONFORMED COPY THIRD AMENDMENT AGREEMENT DATED 28TH MAY, 2004Third Amendment Agreement • May 5th, 2020
Contract Type FiledMay 5th, 2020relating to a Revolving Credit Facility and Bilateral Facilities originally dated 29th November, 1999 (but amended and restated on a number of occasions, most recently by an amendment and restatement agreement dated 26th November, 2003).
EX-10.2 3 dex102.htm THIRD AMENDMENT AGREEMENT THIRD AMENDMENT AGREEMENT Synthetic American Fuel Enterprises II, LLCThird Amendment Agreement • May 5th, 2020 • New York
Contract Type FiledMay 5th, 2020 JurisdictionThis Third Amendment Agreement (“Third Amendment”) is made and entered into as of October 6, 2004, by and among Synthetic American Fuel Enterprises Holdings, Inc. (“Holdings”), Marriott Hotel Services, Inc. (“MHSI”) and Serratus LLC (“Buyer”).
THIRD AMENDMENT AGREEMENTThird Amendment Agreement • October 14th, 2010 • Unitil Corp • Electric & other services combined
Contract Type FiledOctober 14th, 2010 Company IndustryThis Third Amendment Agreement (this “Agreement” or the “Third Amendment”) is entered into as of the 13th day of October, 2009 by and among UNITIL CORPORATION, a New Hampshire corporation (the “Borrower”), each lender whose name appears on the signature page hereof (collectively the “Lenders” and each individually a “Lender”) and BANK OF AMERICA, N.A., as Administrative Agent and a Lender.
EX-10.1 2 d259569dex101.htm EX-10.1 THIRD AMENDMENT AGREEMENT dated as of October 11, 2016 among VIASAT TECHNOLOGIES LIMITED, as Borrower VIASAT, INC., as Guarantor JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, as Ex-Im Facility Agent and EXPORT-IMPORT...Third Amendment Agreement • May 5th, 2020 • New York
Contract Type FiledMay 5th, 2020 JurisdictionNOW, THEREFORE, in consideration of the premises and the mutual covenants herein contained, the parties hereto hereby agree as follows:
THIRD AMENDMENT AGREEMENTThird Amendment Agreement • November 22nd, 2023 • Soluna Holdings, Inc • Finance services • New York
Contract Type FiledNovember 22nd, 2023 Company Industry JurisdictionTHIS THIRD AMENDMENT AGREEMENT, dated as of November 20, 2023 (this “Agreement”), is by and among and each purchaser identified on Schedule A hereto (each, including its successors and permitted assigns, a “Purchaser” and collectively, the “Purchasers”), and Soluna Holdings, Inc. (f/k/a Mechanical Technology, Incorporated), a Nevada corporation (the “Company” and together with the Purchasers each a “Party” and collectively the “Parties”).
THIRD AMENDMENT AGREEMENT among QC HOLDINGS, INC., as Borrower and THE LENDERS THAT ARE PARTIES HERETO and NOVEMBER 12, 2013Third Amendment Agreement • November 13th, 2013 • QC Holdings, Inc. • Functions related to depository banking, nec • Kansas
Contract Type FiledNovember 13th, 2013 Company Industry JurisdictionThis Third Amendment Agreement (this “Agreement”), is made and entered into as of November 12, 2013, by and between QC HOLDINGS, INC., a Kansas corporation (the “Borrower”), the Lenders that are parties hereto (being hereinafter referred to individually as a “Lender” or collectively as the “Lenders”), and U. S. BANK NATIONAL ASSOCIATION, in its capacity as Agent (the “Agent”).
THIRD AMENDMENT AGREEMENTThird Amendment Agreement • January 16th, 2019 • Apricus Biosciences, Inc. • Pharmaceutical preparations • New York
Contract Type FiledJanuary 16th, 2019 Company Industry JurisdictionTHIRD AMENDMENT AGREEMENT, dated as of January 16, 2019 (this "Agreement"), by and among Seelos Therapeutics, Inc., a Delaware corporation, ("Seelos"), Apricus Biosciences, Inc., a Nevada corporation ("Apricus"), and the investor listed on the signature pages attached hereto (the "Investor"). All terms used and not defined herein are used as defined in the Securities Purchase Agreement and the Warrants (each as defined below), as applicable.
THIRD AMENDMENT AGREEMENTThird Amendment Agreement • February 1st, 2024 • Sunpower Corp • Semiconductors & related devices
Contract Type FiledFebruary 1st, 2024 Company IndustryTHIS THIRD AMENDMENT AGREEMENT, dated as of January 31, 2024 (this “Agreement”), by and among the undersigned Lenders and L/C Issuers constituting the Required Lenders (as such term is defined in the Existing Credit Agreement), Sol Holding, LLC, in its capacity as Second Amendment Revolving Lender (as such term is defined in the Existing Credit Agreement), SUNPOWER CORPORATION, a Delaware corporation (the “Borrower”), the Subsidiary Guarantors party hereto, and BANK OF AMERICA, N.A., as Administrative Agent and the Swingline Lender.
THIRD AMENDMENT AGREEMENTThird Amendment Agreement • April 5th, 2011 • Gibraltar Industries, Inc. • Steel works, blast furnaces & rolling & finishing mills • New York
Contract Type FiledApril 5th, 2011 Company Industry Jurisdiction
THIRD AMENDMENT AGREEMENTThird Amendment Agreement • June 29th, 2007 • Renaissancere Holdings LTD • Fire, marine & casualty insurance
Contract Type FiledJune 29th, 2007 Company IndustryTHIS THIRD AMENDMENT AGREEMENT (this “Amendment”), dated as of June 18, 2007, is among RENAISSANCERE HOLDINGS LTD. (the “Borrower”), the Lenders listed on the signature pages hereto, DEUTSCHE BANK AG NEW YORK BRANCH, as LC Issuer and BANK OF AMERICA, NATIONAL ASSOCIATION, as Administrative Agent for the Lenders.
THIRD AMENDMENT AGREEMENT To First Priority Pledge and Security Agreement and Irrevocable Proxy Dated as of January 30, 2009 by and among RESIDENTIAL FUNDING COMPANY, LLC, GMAC MORTGAGE, LLC, RESIDENTIAL CAPITAL, LLC AND CERTAIN OTHER AFFILIATES...Third Amendment Agreement • May 11th, 2009 • Residential Capital, LLC • Mortgage bankers & loan correspondents • New York
Contract Type FiledMay 11th, 2009 Company Industry JurisdictionThis THIRD AMENDMENT AGREEMENT (this “Agreement”) dated as of January 30, 2009 (the “Amendment Effective Date”), is by and among Residential Funding Company, LLC, a Delaware limited liability company (“RFC”), GMAC Mortgage, LLC, a Delaware limited liability company (“GMAC Mortgage”), Residential Capital, LLC (“ResCap”), DOA Holding Properties, LLC (“DOA”), and the other parties hereto as Grantors (each, together with RFC, GMAC Mortgage, ResCap and DOA, a “Grantor”), GMAC LLC, a Delaware limited liability company, in its capacity as Lender and as agent for the Lenders (in such capacity, the “Lender Agent”) and Wells Fargo Bank, N.A., as first priority collateral agent (in such capacity, the “First Priority Collateral Agent”).
THIRD AMENDMENT AGREEMENTThird Amendment Agreement • July 14th, 2004 • Gerber Scientific Inc • Special industry machinery, nec • Connecticut
Contract Type FiledJuly 14th, 2004 Company Industry JurisdictionTHIRD AMENDMENT AGREEMENT (this "Agreement") dated as of July 9, 2004 by and among (1) Gerber Scientific, Inc. and Gerber Scientific International, Inc. (collectively, the "Borrowers"), (2) Gerber Venture Capital Corp., Gerber Coburn Optical International, Inc., Ultramark Adhesive Products, Ltd., Spandex Limited, Spandex Benelux BV, ND Graphic Products Limited, H. Brunner GmbH, and Gerber Scientific UK Ltd., (collectively, the "Guarantors"), (3) Fleet Capital Corporation ("Fleet Capital"), and the other financial institutions party to the Credit Agreement (as defined below) as lenders (collectively, the "Lenders" and individually, a "Lender"), (4) Fleet National Bank as issuing bank (the "Issuing Bank"), and (5) Fleet Capital, as administrative agent (the "Administrative Agent") for the Lenders with respect to a certain Credit and Security Agreement dated as of May 5, 2003 by and among the Borrowers, the Guarantors, the Lenders, the Issuing Bank and the Administrative Agent (the "Credi
THIRD AMENDMENT AGREEMENTThird Amendment Agreement • May 12th, 2022 • Vinco Ventures, Inc. • Games, toys & children's vehicles (no dolls & bicycles)
Contract Type FiledMay 12th, 2022 Company IndustryThis THIRD AMENDMENT AGREEMENT (the “Agreement”), dated as of May 6, 2022, is made by and between Vinco Ventures, Inc., a Nevada corporation, with headquarters located at 6 North Main Street, Fairport, NY 14450 (the “Company”), Cryptyde, Inc. (“Cryptyde”) and the investor listed on the signature page attached hereto (the “Holder”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings set forth in the July Note (as defined below).
ContractThird Amendment Agreement • January 15th, 2020 • Track Group, Inc. • Communications equipment, nec
Contract Type FiledJanuary 15th, 2020 Company IndustryTHIRD AMENDMENT AGREEMENT between Conrent Invest S.A.acting on behalf of its compartment “Safety 2” as Lender and Track Group, Inc. as Borrower relating to the facility agreement dated 30 December 2013 as amended and restated on 30 June 2015, on 19 July 2018 and on 24 February 2019 10 January 2020
THIRD AMENDMENT AGREEMENTThird Amendment Agreement • May 8th, 2012 • Kratos Defense & Security Solutions, Inc. • Communications services, nec • New York
Contract Type FiledMay 8th, 2012 Company Industry Jurisdiction
THIRD AMENDMENT AGREEMENT Relating to the MASTER FINANCIAL ASSISTANCE FACILITY AGREEMENTThird Amendment Agreement • March 2nd, 2015
Contract Type FiledMarch 2nd, 2015
EXECUTION VERSION CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THIS EXHIBIT BECAUSE IT IS NOT MATERIAL AND WOULD LIKELY CAUSE COMPETITIVE HARM TO THE REGISTRANT IF PUBLICLY DISCLOSED. [*****] INDICATES THAT INFORMATION HAS BEEN REDACTED. THIS...Third Amendment Agreement • April 28th, 2022 • Golar LNG LTD • Water transportation • London
Contract Type FiledApril 28th, 2022 Company Industry Jurisdiction
THIRD AMENDMENT AGREEMENTThird Amendment Agreement • December 30th, 2014 • Sentio Healthcare Properties Inc • Real estate investment trusts • New York
Contract Type FiledDecember 30th, 2014 Company Industry JurisdictionThis Third Amendment Agreement, dated December 22, 2014 (this "Agreement"), is made by and among Sentinel RE Investment Holdings LP, a Delaware limited partnership (the “Investor”), Sentio Healthcare Properties, Inc., a corporation organized under the laws of the State of Maryland (the “Company”), and Sentio Healthcare Properties OP, L.P., a Delaware limited partnership (the “Partnership,” and together with the Company, the “Sentio Parties”). The Investor and the Sentio Parties are collectively referred to herein as the “Parties,” and each a “Party.” Capitalized terms used but not defined herein will have the meanings ascribed to such terms in the Purchase Agreement (defined below).
CERTAIN INFORMATION HAS BEEN OMITTED FROM THIS EXHIBIT IN PLACES MARKED “[***]” BECAUSE IT IS BOTH NOT MATERIAL AND WOULD LIKELY CAUSE COMPETITIVE HARM TO THE REGISTRANT IF PUBLICLY DISCLOSED. THIRD AMENDMENT AGREEMENTThird Amendment Agreement • March 1st, 2021 • Biocryst Pharmaceuticals Inc • Biological products, (no disgnostic substances)
Contract Type FiledMarch 1st, 2021 Company IndustryThis Amendment Agreement is made effective December 11, 2009 by and between Albert Einstein College of Medicine of Yeshiva University, a Division of Yeshiva University, a corporation organized and existing under the laws of the State of New York, having an office and place of business at 1300 Morris Park Avenue, Bronx, New York 10461 (“AECOM”), Industrial Research Ltd., a company organized and existing under the laws of New Zealand, having an office and place of business at Gracefield Research Centre, Gracefield Road, P.O. Box 31-310, Lower Hutt, New Zealand (“Industrial”) (AECOM and Industrial are collectively referred to herein as “Licensors”), and BioCryst Pharmaceuticals, Inc., a corporation organized and existing under the laws of the State of Delaware having an office and place of business at 2190 Parkway Lake Drive, Birmingham, Alabama 35244 (“Licensee”).
THIRD AMENDMENT AGREEMENTThird Amendment Agreement • November 6th, 2020 • Quanterix Corp • Laboratory analytical instruments
Contract Type FiledNovember 6th, 2020 Company IndustryThis Agreement and Amendment No. 3 to the License Agreement (“Third Amendment Agreement”) is dated and effective as of September 25, 2020 (the “Third Amendment Effective Date”), and is made by and between the TRUSTEES OF TUFTS COLLEGE, a/k/a TUFTS UNIVERSITY, a Massachusetts non-profit educational corporation having offices at the Office of Technology Transfer and Industry Collaboration, Suite 75K-950, 136 Harrison Avenue, Boston, MA 02111 (“TUFTS”), and QUANTERIX CORPORATION (f/k/a Digital Genomics, Inc.), a Delaware corporation with a principal place of business at 113 Hartwell Avenue, Lexington, MA 02421 (“LICENSEE”). Each of LICENSEE and TUFTS may be referred to individually herein as a “Party” or collectively as the “Parties”.
THIRD AMENDMENT AGREEMENT RELATING TO THE RELEVANT LOAN AGREEMENTThird Amendment Agreement • April 10th, 2024 • New York
Contract Type FiledApril 10th, 2024 Jurisdiction
Dated June 20, 2008Third Amendment Agreement • February 19th, 2010 • Redgate Media Group
Contract Type FiledFebruary 19th, 2010 CompanyThis Third Amendment Agreement is entered into between the parties signing below in relation to a Shareholders Agreement dated 17 September 2004 as amended by an Amendment Agreement dated 12 September 2007 and a Second Amendment dated 30 November 2007 and entered into between all of the signatories hereto (or their predecessors-in-title) except for [blank] (hereinafter “Shareholders Agreement”).
THIRD AMENDMENT AGREEMENT Dated as of November 25, 2008 by and among RESIDENTIAL FUNDING COMPANY, LLC, as Borrower, GMAC MORTGAGE, LLC, as Borrower, RESIDENTIAL CAPITAL, LLC AND CERTAIN OTHER AFFILIATES OF THE BORROWERS PARTY HERETO, as Guarantors or...Third Amendment Agreement • February 27th, 2009 • Residential Capital, LLC • Mortgage bankers & loan correspondents • New York
Contract Type FiledFebruary 27th, 2009 Company Industry JurisdictionThis THIRD AMENDMENT AGREEMENT (this “Agreement”) dated as of November 25, 2008 (the “Amendment Effective Date”), is by and among Residential Funding Company, LLC, a Delaware limited liability company (“RFC”), GMAC Mortgage, LLC, a Delaware limited liability company (“GMAC Mortgage”, and together with RFC, each a “Borrower” and collectively, the “Borrowers”), Residential Capital, LLC and the other Affiliates of the Borrowers party hereto as Guarantors (each, a “Guarantor”), the Affiliates of the Borrower party hereto as Obligors (each, an “Obligor”) and GMAC LLC, a Delaware limited liability company, in its capacity as Initial Lender and as agent for the Lenders (in such capacity, the “Lender Agent”).
EXHIBIT 10.15 CONSENT AND THIRD AMENDMENT AGREEMENT This CONSENT AND THIRD AMENDMENT AGREEMENT ("Agreement") is made and entered into as of May 1, 1997 by and between WILLIAM BLAIR MEZZANINE CAPITAL FUND, L.P., an Illinois limited partnership...Third Amendment Agreement • March 24th, 1998 • Eagle Pacific Industries Inc/Mn • Miscellaneous plastics products
Contract Type FiledMarch 24th, 1998 Company Industry
THIRD AMENDMENT AGREEMENTThird Amendment Agreement • October 22nd, 2020 • DMC Global Inc. • Miscellaneous primary metal products • New York
Contract Type FiledOctober 22nd, 2020 Company Industry Jurisdiction
ContractThird Amendment Agreement • September 8th, 2015 • CM Finance Inc • New York
Contract Type FiledSeptember 8th, 2015 Company JurisdictionTHIRD AMENDMENT AGREEMENT, dated as of July 20, 2015 (this Third Amendment Agreement), between CM FINANCE SPV LTD., an exempted company incorporated with limited liability under the laws of the Cayman Islands, as issuer (the Issuer); and STATE STREET BANK AND TRUST COMPANY, a Massachusetts trust company, as trustee (in such capacity, together with its permitted successors and assigns in the trusts under the Indenture, the Trustee) and, solely as expressly specified in the Indenture, in its individual capacity (the Bank).
THIRD AMENDMENT AGREEMENTThird Amendment Agreement • January 28th, 2013 • Harris Associates Investment Trust
Contract Type FiledJanuary 28th, 2013 CompanyTHIRD AMENDMENT AGREEMENT, effective as of February 2, 2011, by and between HARRIS ASSOCIATES INVESTMENT TRUST, a business trust organized under the laws of the Commonwealth of Massachusetts (the “Fund”) and STATE STREET BANK AND TRUST COMPANY, a Massachusetts trust company (the “Bank”).
ContractThird Amendment Agreement • August 9th, 2024 • New Fortress Energy Inc. • Natural gas distribution • New York
Contract Type FiledAugust 9th, 2024 Company Industry Jurisdiction
third AMENDMENT AGREEMENTThird Amendment Agreement • June 13th, 2017 • Crystal Rock Holdings, Inc. • Wholesale-groceries & related products • New York
Contract Type FiledJune 13th, 2017 Company Industry JurisdictionTHIRD AMENDMENT AGREEMENT (this “Amendment”), dated as of June 13, 2017 and effective as of the Amendment Effective Date, by and among Crystal Rock Holdings, Inc., formerly known as Vermont Pure Holdings, Ltd. (“Holdings”), Crystal Rock LLC (“Crystal Rock”, and together with Holdings, collectively, the “Borrowers”), Bank of America, N.A. (“Bank of America”) and the other lending institutions party to the Credit Agreement (as defined below) as lenders (together with Bank of America, collectively, the “Lenders”), and Bank of America, as administrative agent (the “Administrative Agent”) for itself and the other Lenders with respect to that certain Second Amended and Restated Credit Agreement dated as of May 20, 2015 (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”).
THIRD AMENDMENT AGREEMENTThird Amendment Agreement • March 9th, 2012 • CRC Health CORP • Services-specialty outpatient facilities, nec • New York
Contract Type FiledMarch 9th, 2012 Company Industry JurisdictionThis THIRD AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”) is entered into as of March 7, 2012, among CRC HEALTH GROUP, INC., a Delaware corporation (“Holdings”), CRC HEALTH CORPORATION, a Delaware corporation (the “Borrower”), CITIBANK, N.A., as Administrative Agent, Collateral Agent, Swing Line Lender and L/C Issuer, and each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”).
EXHIBIT 10.18 THIS THIRD AMENDMENT AGREEMENT dated as of March 1, 2000 (this "Amendment") among Automatic Systems Developers, Inc., a New York corporation (the "Borrower"), ASD Group, Inc., a Delaware corporation ("Holdings"); the financial...Third Amendment Agreement • October 13th, 2000 • Asd Group Inc • Services-engineering services • New York
Contract Type FiledOctober 13th, 2000 Company Industry Jurisdiction
THIRD AMENDMENT AGREEMENTThird Amendment Agreement • November 7th, 2007 • Factory Card & Party Outlet Corp • Retail-miscellaneous shopping goods stores • Massachusetts
Contract Type FiledNovember 7th, 2007 Company Industry JurisdictionTHIS THIRD AMENDMENT AGREEMENT, (hereinafter, this “Third Amendment”) is entered into as of November 6, 2007 by and among Factory Card Outlet of America Ltd., an Illinois corporation (“Borrower”), the lenders signatory hereto (“Lenders”) and Wells Fargo Retail Finance, LLC as agent for the Lenders (in such capacity, “Agent”).