Second Modification Agreement definition

Second Modification Agreement means the second credit agreement modification agreement dated as of May 3, 2016 between the Borrower, the Guarantor, the Agent and the Lenders;

Second Modification Agreement means that certain Second Amendment to Loan Agreement and Reaffirmation of Loan Documents, dated as of October 29, 2010, entered into among Borrower, the Administrative Agent and the Lenders.

Second Modification Agreement. The Mortgage and Loan Modification Agreement dated as of March 24, 2004, and effective as of the Effective Date, executed by Mortgagor and Mortgagee." (c) Section 4.13 of the Mortgage is hereby modified to provide that, in addition to the financial reports described therein, Mortgagor must also provide to Mortgagee, by the twentieth (20th) day of each month during the Reduced Payment Period and the Interest Only Payment Period (as such terms are defined in Section 4.24(a)), a report of the Gross Revenue, Operating Expenses, Net Cash Flow and Excess Cash Flow of the Property for the previous calendar month (the "Net Cash Flow Report"). The Net Cash Flow Report shall be in such detail as Mortgagee may require, shall be prepared in accordance with the Uniform System of Accounts for the Lodging Industry, Ninth Revised Edition, First Printing 1996 as adopted by the American Hotel and Motel Association, as amended or supplemented from time to time, and shall be certified as true and correct by Mortgagor (or, if required by Mortgagee during the continuance of any Event of Default, certified by an independent certified public accountant acceptable to Mortgagee). (d) A new Section 4.24 is hereby added to the Mortgage, as follows:

Examples of Second Modification Agreement in a sentence

• In the event of an inconsistency between this Second Modification Agreement and the terms of the Note or of the Liens, this Second Modification Agreement shall govern.

• Defendants next claim that the First Modification Agreement was superseded by the Second Modification Agreement.

• Defendants maintain that Oldcastle acknowledged that after the August 3, 2008 maturity had passed under the First Modification Agreement, onJanuary 3, 2009, Oldcastle, Ridgewood, and GDC entered into the Second Modification Agreement where the sale of the Property to the Bucks County School District would be used to repay Oldcastle.

• Oldcastle asserts that the First Modification Agreement and Second Modification Agreement were not executed among the same parties.Oldcastle, Ridgewood, GDC, and the VPMC Principals entered into the First Modification Agreement, whereas Oldcastle, Ridgewood, and GDC entered into the Second Modification Agreement.

• Thus, we decline to find that the First Modification Agreement was superceded by the Second Modification Agreement.

More Definitions of Second Modification Agreement

Second Modification Agreement means that certain Second Modification Agreement dated as of March 25, 2009 executed by and among the Company, the Guarantors and the Bank which allowed for the declaration and payment of the UK Dividend, as such term is defined in this Second Modification Agreement (the “UK Dividend”) after effecting the share capital reduction of a certain portion of the UK Subsidiary’s shares as set forth in Section 4.23 of this Agreement and the contemporaneous substitution of the Collateral Money Market Account Pledge for the prior Charge of Deposit (as such term is defined in the First Modification Agreement) and further amended the Loan and certain of the Loan Documents as set forth therein.”

Second Modification Agreement has the meaning set forth in the ----------------------------- preamble to this Agreement.

Second Modification Agreement means the Security Documents Modification Agreement, dated the Agreement Date, substantially in the form of Exhibit "C" annexed hereto.

Second Modification Agreement. REGARDING UNSECURED LINE OF CREDIT TO BRE PROPERTIES, INC. MADE BY VARIOUS FINANCIAL INSTITUTIONS WITH BANK OF AMERICA NT & SA AS AGENT SECOND MODIFICATION AGREEMENT This Second Modification Agreement ("Agreement") is made as of October 22, 1996, by and between BRE PROPERTIES, INC., a Maryland corporation ("Borrower"); BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, a national banking association ("Agent"); and the several financial institutions a party to this Agreement (collectively, the "Banks"; individually a "Bank"). FACTUAL BACKGROUND

Second Modification Agreement means that certain Consent and Modification under Loan and Security Agreement dated as of December 18, 2019, as amended, restated, renewed, supplemented or otherwise modified from time to time (formerly defined as the “December Consent and Modification Agreement” in the Second Modification Agreement).

Second Modification Agreement means that certain Second Amendment to Loan Agreement and Other Loan Documents, dated as of the Modification Date.

Second Modification Agreement. Means that certain Second Modification Agreement made as of September 19, 2013, by and among Borrower, Agent and the Lenders party thereto."