An amendment clause outlines the procedures and requirements for making changes or modifications to an existing contract. It specifies how amendments can be proposed, agreed upon, and documented by the parties involved to ensure that all modifications are legally binding and enforceable.
This TWENTY-FIRST AMENDMENT TO MODIFICATION AGREEMENT (this “Amendment”) is made and entered into as of September 30, 2020 (the “Amendment Effective Date”), by and among CAREVIEW COMMUNICATIONS, INC., a Nevada corporation (“Holdings”), CAREVIEW COMMUNICATIONS, INC., a Texas corporation and a wholly owned subsidiary of Holdings (the “Borrower”), CAREVIEW OPERATIONS, L.L.C., a Texas limited liability company (the “Subsidiary Guarantor”), PDL INVESTMENT HOLDINGS, LLC (as assignee of PDL BioPharma, Inc.), a Delaware limited liability company (both in its capacity as the lender (“Lender”) and in its capacity as Agent (solely in such capacity as Agent, the “Agent”)) under the Credit Agreement (as defined below), and Steven G. Johnson and Dr. James R. Higgins (each, an individual, for the purpose of acknowledging and agreeing to this Amendment in their collective capacity as the Tranche Three Lender under the Credit Agreement).
Effect of Amendment. Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, or otherwise affect, the rights and remedies of the parties to the Credit Agreement and shall not alter, modify, amend or in any way affect any of the terms or conditions contained therein, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle any Loan Party to any future consent with respect to, or waiver, amendment, modification or other change of, any of the terms or conditions contained in the Credit Agreement in similar or different circumstances. Except as expressly stated herein, the Agent and the Lender reserve all rights, privileges and remedies under the Loan Documents. All references in the Credit Agreement and the other Loan Documents to the Credit Agreement shall be deemed to be references to the Credit Agreement as modified hereby.
Modification and Loan Document. This Amendment is a Modification Document and Loan Document executed pursuant to the Credit Agreement and shall (unless otherwise expressly indicated therein) be construed, administered and applied in accordance with the terms and provisions of the Credit Agreement.
Counterparts. This Amendment may be executed by the parties hereto in several counterparts, each of which shall be deemed to be an original and all of which shall constitute together but one and the same agreement. Delivery of an executed signature page of this Amendment by facsimile transmission or electronic transmission shall be as effective as delivery of a manually executed counterpart hereof.
Successors and Assigns. This Amendment shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns (as permitted under the Credit Agreement).
(1) Selling Group Agreement incorporated herein by reference to Post-Effective Amendment No. 3 (File No. 333-40937) filed on April 28, 1999.
(2) Amendment to Selling Group Agreement incorporated herein by reference to Post-Effective Amendment No. 3 (File No. 333-40937) filed on April 28, 1999.
(3) Amendment to Schedule A of Selling Group Agreement dated February 14, 2000 incorporated herein by reference to Post-Effective Amendment No. 5 (File No. 333-40937) filed on April 19, 2000.
This Fifth Amendment to the Commercial Outsourcing Services Agreement (this "Amendment") is between Pacira Pharmaceuticals, Inc. (the "Company") and Integrated Commercialization Solutions, Inc. ("ICS"). This Amendment is effective as of July 12, 2016 (the “Amendment Effective Date'').
A.The Company and ICS are parties to a Commercial Outsourcing Services Agreement dated August 25,2011, as amended by the First Amendment dated August I, 2013, the Second Amendment dated August 25, 2014, the Third Amendment dated December I, 2014 and the Fourth Amendment dated January I, 2016 (as amended, the "Agreement ");
Post-Effective Amendment No. 249 (the “Amendment”) to the Registration Statement of Goldman Sachs ETF Trust was filed pursuant to Rule 485(a) under the Securities Act of 1933 on March 5, 2020 to register shares of Goldman Sachs ActiveBeta® U.S. Low Vol Plus Equity ETF. Pursuant to Rule 485(a), the Amendment would have become effective on May 19, 2020. Post-Effective Amendment No. 266 was filed pursuant to Rule 485(b)(1)(iii) for the purpose of designating June 17, 2020 as the date upon which the Amendment would have become effective.
This AMENDMENT NO. 5 TO THIRD AMENDED AND RESTATED CREDIT AND SECURITY AGREEMENT (this “Amendment”) dated as of December 11, 2019, is entered into among SAExploration, Inc., a Delaware corporation (the “Borrower”), the Guarantors party hereto, each Lender set forth on Schedule A hereto under the heading “Fifth Amendment Effective Date Incremental Lender” (each, a “Fifth Amendment Effective Date Incremental Lender” and, collectively, the “Fifth Amendment Effective Date Incremental Lenders”), the other Lenders party to the Agreement (as defined below) all of which are also parties hereto (such Lenders, collectively, with the Fifth Amendment Effective Date Incremental Lenders, “All Lenders”), and Cantor Fitzgerald Securities, as administrative agent and collateral agent for the Lenders (in such capacities, the “Agent”).
An Amendment refers to a formal change or addition made to a document or agreement. It modifies the terms or conditions of the original document without entirely replacing it. Amendments are often used in legal, contractual, and policy contexts to update, clarify, or correct existing provisions.
When Should I Use an Amendment clause?
You should use an Amendment when you need to make changes to an existing document or agreement that all parties consent to. This process is suitable when:
Adjusting terms of a contract due to changing circumstances.
Correcting errors or omissions in the original document.
Updating policies or procedures to reflect new information or regulations.
Adding new sections or clauses that were not previously covered.
How Do I Write an Amendment clause?
Writing an Amendment involves several key steps:
Title: Clearly label the document as an amendment, e.g., “First Amendment to Contract”.
Introduction: Specify the original document being amended, including its date and parties involved.
Statement of Amendment: Clearly outline the changes being made. This could involve striking out existing text and replacing it with new content.
Effective Date: Indicate when the amendment takes effect.
Confirmation: Include a statement that all other terms of the original document remain unchanged.
Signatures: Ensure all parties involved sign the amendment to indicate their agreement to the changes.
Example: This First Amendment to the Contract dated March 1, 2023, between Alice Johnson and Bob Smith, is entered into on June 15, 2023. The parties agree to amend Section 2 of the Contract as follows: … All other terms of the Contract remain in full force and effect.
Which Contracts Typically Contain Amendments?
Amendments are commonly found in various types of contracts and agreements, including but not limited to:
Business Contracts: Sales agreements, service agreements, and partnership agreements.
Lease Agreements: Adjustments to rental terms or responsibilities.
Employment Contracts: Changes in job responsibilities, compensation, or duration.
Loan Agreements: Modifications to repayment schedules or interest rates.
Real Estate Agreements: Changes to the terms of sale or contingencies.
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