10-q-a Sample Contracts

Air T IncFORM OF STOCK OPTION AWARD AGREEMENT (Non-Qualified Stock Option) (February 12th, 2021)

THIS STOCK OPTION AGREEMENT (this “Agreement”), dated as of December __, 2020 (the “Grant Date”), is between Air T, Inc., a Delaware corporation (the “Company”), and ___________ (“Optionee”).

Interpace Biosciences, Inc.SUPPORT AGREEMENT (January 19th, 2021)

THIS SUPPORT AGREEMENT (this “Agreement”) is entered into as of April 2, 2020, by and between 1315 Capital II, L.P., a Delaware limited partnership (“1315 Capital”), and Interpace Biosciences, Inc., a Delaware corporation (the “Company”).

Interpace Biosciences, Inc.TERMINATION AGREEMENT (January 19th, 2021)

This Termination Agreement (this “Agreement”), is made and entered into on July 9, 2020, by and between Ampersand 2018 Limited Partnership, a Delaware limited partnership (“Ampersand”), and Interpace Biosciences, Inc., a Delaware corporation (the “Company”). Ampersand and the Company are sometimes referred to individually as a “Party” and collectively as the “Parties”.

Interpace Biosciences, Inc.FIRST LOAN MODIFICATION AGREEMENT (January 19th, 2021)

This First Loan Modification Agreement (this “Loan Modification Agreement”) is entered into as of March 18, 2019, by and among (a) SILICON VALLEY BANK, a California corporation (“Bank”) and (b) (i) INTERPACE DIAGNOSTICS GROUP, INC., a Delaware corporation (“IDG”), (ii) INTERPACE DIAGNOSTICS CORPORATION, a Delaware corporation (“IDC”), and (iii) INTERPACE DIAGNOSTICS, LLC, a Delaware limited liability company (“IDLLC”) (IDG, IDC and IDLLC are hereinafter jointly and severally, individually and collectively, referred to as “Borrower”).

KushCo Holdings, Inc.SEVERANCE AGREEMENT AND RELEASE (January 11th, 2021)

This Severance Agreement and Release (this “Agreement”), dated as of the last date set forth on the signature page hereof but effective as of the Effective Date defined in Section 3 below, is hereby made and entered into by and between KIM International Corporation, a subsidiary of KushCo Holdings, Inc. (collectively, the “Company”) and Christopher Tedford, an individual (“Employee”).

Camber Energy, Inc.SECURITY AGREEMENT (December 21st, 2020)

This Security Agreement (the “Security Agreement”) is made as of December 11, 2020 by and between Camber Energy, Inc., a Nevada corporation (the “Company”) whose principal address is 1415 Louisiana Street, Suite 3500, Houston, Texas 77002, and ______________________________ __________ (the “Secured Party”) whose principal address is ______________________________ __________. The Company and the Secured Party may be hereinafter referred to singularly as a “Party” or collectively as the “Parties”.

Camber Energy, Inc.EXCHANGE AGREEMENT (December 21st, 2020)

This Exchange Agreement (“Agreement”) is made and entered into on December 11, 2020 (“Agreement Date”), by and between Camber Energy, Inc., a Nevada corporation (“Company”), and the investor whose name appears below (“Investor”).

Axsome Therapeutics, Inc.CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THIS EXHIBIT BECAUSE IT IS NOT MATERIAL AND WOULD LIKELY CAUSE COMPETITIVE HARM TO THE COMPANY IF PUBLICLY DISCLOSED. [***] INDICATES THAT INFORMATION HAS BEEN REDACTED. (November 6th, 2020)

This [***] Agreement and Release (“Agreement”) sets forth the terms of your continued employment with Axsome Therapeutics, Inc. (together with each of its subsidiaries or affiliated companies, the “Company”) and related matters.

Cogent Biosciences, Inc.ANNEX C LICENSE AGREEMENT by and between Plexxikon Inc. and KIQ LLC dated as of May 27, 2020 (October 6th, 2020)

This LICENSE AGREEMENT (this “Agreement”) is entered into as of May 27, 2020 (the “Effective Date”) between Plexxikon Inc., a California corporation with an address of 91 Bolivar Drive, Berkeley, CA 94710 (“Plexxikon”), and KIQ LLC, a Delaware limited liability company with an address of 2001 Market Street, Suite 2500, Philadelphia, PA 19103 (“Licensee”). Plexxikon and Licensee are each referred to herein by name or as a “Party” or, collectively, as the “Parties”.

Corbus Pharmaceuticals Holdings, Inc.OPEN MARKET SALE AGREEMENTSM (August 31st, 2020)
GT Biopharma, Inc.EMPLOYMENT AGREEMENT (August 18th, 2020)

This Employment Agreement (the “Agreement”) is made and entered into by and among GT Biopharma, Inc. and Steven Weldon ("Executive") as of August 11, 2020 (the "Effective Date").

GT Biopharma, Inc.EMPLOYMENT AGREEMENT (August 18th, 2020)

This Employment Agreement (the “Agreement”) is made and entered into by and among GT Biopharma, Inc. and Anthony J. Cataldo ("Executive") as August 11, 2020 (the "Effective Date").

LIVE VENTURES IncWAIVER AND AGREEMENT REGARDING AVAILABILITY RESERVES (August 14th, 2020)

THIS WAIVER AND AGREEMENT REGARDING AVAILABILITY RESERVES (this “Agreement”) is entered into as of April 10, 2020, by and among Texas Capital Bank, National Association (“Lender”), and Vintage Stock, Inc. (“Borrower”).

LIVE VENTURES IncLIMITED WAIVER AND SECOND AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT, SECOND AMENDMENT TO AMENDED AND RESTATED MANAGEMENT FEE SUBORDINATION AGREEMENT AND FIRST AMENDMENT TO LIMITED GUARANTY (August 14th, 2020)

This AMENDED AND RESTATED CREDIT AGREEMENT (as it may from time to time be amended, modified, supplemented and/or restated, this “Agreement”) is made and entered into as of June 7, 2018, as amended on the First Amendment Effective Date, as amended on the Second Amendment Effective Date, by and among the lenders from time to time party hereto (“the “Lenders”), COMVEST CAPITAL IV, L.P., a Delaware limited partnership (in its individual capacity, “Comvest”), as the Agent (as defined below) for all Lenders, VINTAGE STOCK, INC., a Missouri corporation (the “Borrower”), and acknowledged and agreed to by VINTAGE STOCK AFFILIATED HOLDINGS LLC, a Nevada limited liability company and sole equity holder of the Borrower (the “Parent”).

Celcuity Inc.FIRST AMENDMENT TO LEASE (August 11th, 2020)

This First Amendment to Lease (“Amendment”), dated this 28th day of July, 2020, is by and between West Glen Development I, LLC, a Minnesota limited liability company (“Landlord”) and Celcuity, Inc., a Delaware corporation (“Tenant”), and amends that certain Commercial Lease agreement dated the 28th day of September, 2017, (the “Lease Agreement”) by and between Landlord and Tenant with respect to that certain building located at 16305 – 36th Avenue North, the City of Plymouth, Hennepin County, Minnesota. Unless otherwise indicated, the terms defined in the Lease Agreement shall have the same meanings when used herein.

T-Mobile US, Inc.BRIDGE TERM LOAN CREDIT AGREEMENT dated as of April 1, 2020 among T-MOBILE USA, INC., THE LENDERS PARTY HERETO and GOLDMAN SACHS BANK USA, as Administrative Agent, and BARCLAYS BANK PLC, CREDIT SUISSE LOAN FUNDING LLC, DEUTSCHE BANK SECURITIES INC., ... (August 10th, 2020)

WHEREAS, pursuant to that certain Business Combination Agreement, dated as of April 29, 2018 (such agreement, together with all schedules and exhibits thereto, as amended, restated, amended and restated, supplemented or otherwise modified from time to time, the “Business Combination Agreement”) by and among T-Mobile US, Inc., Huron Merger Sub LLC, Superior Merger Sub Corporation, Sprint Corporation, Starburst I, Inc., Galaxy Investment Holdings, Inc., Deutsche Telekom AG, Deutsche Telekom Holding B.V. and Softbank Group Corp., Parent will acquire (the “Acquisition”), directly or indirectly, all of the outstanding equity interests of Sprint and its direct and indirect subsidiaries;

T-Mobile US, Inc.GUARANTEE AGREEMENT dated as of April 1, 2020 among T-MOBILE US, INC., T-MOBILE USA, INC., and THE OTHER GUARANTORS referred to herein in favor of GOLDMAN SACHS BANK USA, as Administrative Agent (August 10th, 2020)

GUARANTEE AGREEMENT dated as of April 1, 2020 (as amended, restated, amended and restated, supplemented or otherwise modified from time to time, this “Agreement”) made by T-MOBILE US, INC., a Delaware corporation (“Parent”), T- MOBILE USA, INC., a Delaware corporation (the “Borrower”) and certain other subsidiaries of Parent party hereto, in favor of GOLDMAN SACHS BANK USA, as administrative agent (together with its successors in such capacity, the “Administrative Agent”) for the Lenders from time to time party to the Bridge Term Loan Credit Agreement, dated as of the date hereof (as amended, restated, amended and restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), among the Borrower, the Lenders, the Administrative Agent, and for the other Secured Parties (as hereinafter defined).

T-Mobile US, Inc.CREDIT AGREEMENT dated as of April 1, 2020 among T-MOBILE USA, INC., THE LENDERS PARTY HERETO and DEUTSCHE BANK AG NEW YORK BRANCH, as Administrative Agent, and DEUTSCHE BANK SECURITIES INC., CREDIT SUISSE LOAN FUNDING LLC, GOLDMAN SACHS BANK USA, ... (August 10th, 2020)

WHEREAS, pursuant to that certain Business Combination Agreement, dated as of April 29, 2018 (such agreement, together with all schedules and exhibits thereto, as amended, restated, amended and restated, supplemented or otherwise modified from time to time, the “Business Combination Agreement”) by and among T-Mobile US, Inc., Huron Merger Sub LLC, Superior Merger Sub Corporation, Sprint Corporation, Starburst I, Inc., Galaxy Investment Holdings, Inc., Deutsche Telekom AG, Deutsche Telekom Holding B.V. and Softbank Group Corp., Parent will acquire (the “Acquisition”), directly or indirectly, all of the outstanding equity interests of Sprint and its direct and indirect subsidiaries;

T-Mobile US, Inc.GUARANTEE ASSUMPTION AGREEMENT (August 10th, 2020)

GUARANTEE ASSUMPTION AGREEMENT dated as of April 1, 2020 by T-Mobile US, Inc., a Delaware corporation, T-Mobile USA, Inc., a Delaware corporation and the additional guarantors listed on Schedule I hereto (collectively, the “Additional Guarantors”), in favor of Spectrum License Holder LLC (“License Holder I”), Sprint Spectrum License Holder II LLC (“License Holder II”), Sprint Spectrum License Holder III LLC (“License Holder III” and, together with License Holder I and License Holder II, “Lessors” and each, a “Lessor”) under that certain Intra-Company Spectrum Lease Agreement dated October 27, 2016 by and among Lessor, the Guarantors party thereto, Sprint Spectrum Intermediate HoldCo LLC and Sprint Communications, Inc. (as amended from time to time, the “Lease Agreement”).

T-Mobile US, Inc.COLLATERAL AGREEMENT dated as of April 1, 2020 among T-MOBILE US, INC., T-MOBILE USA, INC., and THE OTHER GRANTORS referred to herein in favor of DEUTSCHE BANK TRUST COMPANY AMERICAS, as Collateral Trustee (August 10th, 2020)

COLLATERAL AGREEMENT dated as of April 1, 2020 (as amended, restated, amended and restated, supplemented or otherwise modified from time to time, this “Agreement”) made by T-MOBILE US, INC., a Delaware corporation (“Parent”), T- MOBILE USA, INC., a Delaware corporation (the “Company”), and certain other subsidiaries of Parent party hereto (together with the Company, Parent and any other entity that is or may become a party hereto as provided herein, the “Grantors”), in favor of DEUTSCHE BANK TRUST COMPANY AMERICAS, as collateral trustee (together with its successors in such capacity, the “Collateral Trustee”) under the Collateral Trust and Intercreditor Agreement, dated as of April 1, 2020 (the “Collateral Trust Agreement”), among, inter alia, Parent, the Company, the subsidiaries of Parent party thereto, the Collateral Trustee and the various Holder Representatives.

T-Mobile US, Inc.SIXTEENTH SUPPLEMENTAL INDENTURE (August 10th, 2020)

SIXTEENTH SUPPLEMENTAL INDENTURE (this “Sixteenth Supplemental Indenture”), dated as of April 1, 2020, among T-Mobile US, Inc., a Delaware corporation (“T-Mobile US”), T-Mobile USA, Inc., a Delaware corporation (“T-Mobile USA” and, together with T-Mobile US, the “New Guarantors”), Sprint Communications, Inc. (formerly known as Sprint Nextel Corporation), a Kansas corporation (the “Company”), Sprint Corporation, a Delaware corporation (“Sprint” and, collectively with the New Guarantors, the “Guarantors”) and The Bank of New York Mellon Trust Company, N.A., as trustee (the “Trustee”).

T-Mobile US, Inc.GUARANTEE ASSUMPTION AGREEMENT (August 10th, 2020)

GUARANTEE ASSUMPTION AGREEMENT dated as of May 7, 2020, by SFE 1, LLC, a limited liability company organized under the laws of the State of Delaware (“SFE 1”) and SFE 2, LLC, a limited liability company organized under the laws of the State of Delaware (together with SFE 1, the “Additional Guarantors” and each an “Additional Guarantor”), in favor of Spectrum License Holder LLC (“License Holder I”), Sprint Spectrum License Holder II LLC (“License Holder II”), Sprint Spectrum License Holder III LLC (“License Holder III” and, together with License Holder I and License Holder II, “Lessors” and each, a “Lessor”) under that certain Intra-Company Spectrum Lease Agreement dated October 27, 2016 by and among Lessor, the Guarantors party thereto, Sprint Spectrum Intermediate HoldCo LLC and Sprint Communications, Inc. (as amended from time to time, the “Lease Agreement”).

T-Mobile US, Inc.THIRD AMENDMENT TO THIRD AMENDED AND RESTATED RECEIVABLES PURCHASE AND ADMINISTRATION AGREEMENT (August 10th, 2020)

THIRD AMENDED AND RESTATED RECEIVABLES PURCHASE AND ADMINISTRATION AGREEMENT, dated as of October 23, 2018 (as amended on December 21, 2018 (the “2018 Amendment”) and February 14, 2020 (the “2020 Amendment”) and as may be further modified, supplemented, amended or amended and restated from time to time, this “Agreement”), by and among T-MOBILE HANDSET FUNDING LLC, a Delaware limited liability company, as Transferor (as defined below), T-MOBILE FINANCIAL LLC, a Delaware limited liability company (“Finco”), in its individual capacity and as Servicer (as defined below), T-MOBILE US, INC., a Delaware corporation, in its capacity as performance guarantor under the Performance Guaranty (in such capacity, a “Guarantor”), T-MOBILE USA, INC., a Delaware corporation, in its capacity as performance guarantor under the Performance Guaranty (in such capacity, a “Guarantor”), the CONDUIT PURCHASERS (as defined below) party hereto from time to time, the COMMITTED PURCHASERS (as defined below) party h

T-Mobile US, Inc.FORTY-SECOND SUPPLEMENTAL INDENTURE (August 10th, 2020)

FORTY-SECOND SUPPLEMENTAL INDENTURE (this “Forty-Second Supplemental Indenture”), dated as of May 7, 2020, among T-Mobile USA, Inc. (the “Company”), the entities listed on Schedule I hereto (the “New Guarantors”), the existing guarantors signatory hereto (the “Existing Guarantors”) and Deutsche Bank Trust Company Americas, as trustee under the Indenture referred to below (the “Trustee”).

T-Mobile US, Inc.FIFTH SUPPLEMENTAL INDENTURE (August 10th, 2020)

FIFTH SUPPLEMENTAL INDENTURE (this “Fifth Supplemental Indenture”), dated as of April 1, 2020, among T-Mobile US, Inc., a Delaware corporation (“T-Mobile US”), T-Mobile USA, Inc., a Delaware corporation (“T-Mobile USA” and, together with T-Mobile US, the “New Guarantors”), Sprint Capital Corporation, a Delaware corporation (the “Company”), Sprint Corporation, a Delaware corporation (“Sprint”), Sprint Communications, Inc., a Kansas corporation (“Sprint Communications” and together with Sprint, the “Existing Guarantors”, and collectively with the New Guarantors, the “Guarantors”) and The Bank of New York Mellon Trust Company, N.A., as trustee (the “Trustee”).

T-Mobile US, Inc.CONSULTING AGREEMENT (August 10th, 2020)

THIS CONSULTING AGREEMENT (this “Agreement”), is entered into effective as of July 1, 2020 (the “Effective Date”), by and between T-Mobile US, Inc. (the “Company”) and J. Braxton Carter (“Consultant”).

T-Mobile US, Inc.COLLATERAL TRUST AND INTERCREDITOR AGREEMENT Dated as of April 1, 2020 among T-MOBILE US, INC., T-MOBILE USA, INC., and CERTAIN OF THEIR SUBSIDIARIES PARTIES HERETO, as Grantors DEUTSCHE BANK AG NEW YORK BRANCH, as First Priority Agent Each of the Holder ... (August 10th, 2020)

COLLATERAL TRUST AND INTERCREDITOR AGREEMENT, dated as of April 1, 2020, among T-MOBILE US, INC., a Delaware corporation (“Parent”), T-MOBILE USA, INC., a Delaware corporation (the “Company”), the subsidiaries of Parent from time to time parties hereto (together with Parent and the Company, the “Grantors”), DEUTSCHE BANK AG NEW YORK BRANCH, as First Priority Agent (as defined below), each Holder Representative (as defined below) from time to time party hereto, and DEUTSCHE BANK TRUST COMPANY AMERICAS, a New York banking corporation, as Collateral Trustee (together with any successors, the “Collateral Trustee”).

T-Mobile US, Inc.SIXTH SUPPLEMENTAL INDENTURE (August 10th, 2020)

SIXTH SUPPLEMENTAL INDENTURE (this “Sixth Supplemental Indenture”), dated as of May 7, 2020, among T-Mobile USA, Inc. (the “Issuer”), the entities listed on Schedule I hereto (the “New Guarantors”), the existing guarantors signatory hereto (the “Existing Guarantors”) and Deutsche Bank Trust Company Americas, as trustee (the “Trustee”) under the Indenture referred to below.

T-Mobile US, Inc.GUARANTEE AGREEMENT dated as of April 1, 2020 among T-MOBILE US, INC., T-MOBILE USA, INC., and THE OTHER GUARANTORS referred to herein in favor of DEUTSCHE BANK AG NEW YORK BRANCH, as Administrative Agent (August 10th, 2020)

GUARANTEE AGREEMENT dated as of April 1, 2020 (as amended, restated, amended and restated, supplemented or otherwise modified from time to time, this “Agreement”) made by T-MOBILE US, INC., a Delaware corporation (“Parent”), T- MOBILE USA, INC., a Delaware corporation (the “Borrower”) and certain other subsidiaries of Parent party hereto, in favor of DEUTSCHE BANK AG NEW YORK BRANCH, as administrative agent (together with its successors in such capacity, the “Administrative Agent”) for the Lenders from time to time party to the Credit Agreement, dated as of the date hereof (as amended, restated, amended and restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), among the Borrower, the Lenders, the Issuing Banks and the Administrative Agent and other agents party thereto, and for the other Secured Parties (as hereinafter defined).

T-Mobile US, Inc.EIGHTH SUPPLEMENTAL INDENTURE (August 10th, 2020)

EIGHTH SUPPLEMENTAL INDENTURE (this “Eighth Supplemental Indenture”), dated as of April 1, 2020, among T-Mobile US, Inc., a Delaware corporation (“T-Mobile US”), T-Mobile USA, Inc., a Delaware corporation (collectively with T-Mobile US, the “New Guarantors”), Sprint Corporation, a Delaware corporation (the “Company”), Sprint Communications, Inc., a Kansas corporation (the “Existing Guarantor”, and collectively with the New Guarantors, the “Guarantors”) and The Bank of New York Mellon Trust Company, N.A., as trustee (the “Trustee”).

Bloom Energy CorpREDACTED EXHIBIT: This Exhibit contains certain identified information that has been excluded because it is both (i) not material and (ii) would be competitively harmful if publicly disclosed. Redacted information is identified by [***]. (August 5th, 2020)

AMENDED AND RESTATED PURCHASE, USE AND MAINTENANCE AGREEMENTbetweenBLOOM ENERGY CORPORATIONas Sellerand2018 ESA PROJECT COMPANY, LLCas Buyerdated as of June 30, 2020

Cannagistics Inc.CONSULTING SERVICES and PURCHASE AGREEMENT (July 10th, 2020)

THIS CONSULTING SERVICES and PURCHASE AGREEMENT (this “Agreement”) is made effective as of the 30th day January 2020 (the “Effective Date”) between Solid Bride Investment, LLC. a limited liability corporation, with its principal address at 10500 SW 200 St. Cutler Bay FL 33157 (“Solid Bridge” or the “Consultant”) and Cannagistics, Inc., doing business at 1200 Veterans Highway, Suite 310, Hauppauge, NY 11788, (the “Company” or “CNGT”).

Stabilis Energy, Inc.EXECUTIVE EMPLOYMENT AGREEMENT (July 2nd, 2020)

This Executive Employment Agreement (the “Agreement”) is effective as of January 1, 2020 (the “Effective Date”) by and between Stabilis Energy, Inc. (the “Company”) and James G. Aivalis (the “Employee”).

American Shared Hospital ServicesTHIRD AMENDMENT TO PURCHASED SERVICES AGREEMENT (June 11th, 2020)

This THIRD AMENDMENT TO PURCHASED SERVICES AGREEMENT (this “Amendment”) is dated as of the 28th day of March, 2019, and is entered into between GK FINANCING, LLC, a California limited liability company (“GKF”), or its wholly owned subsidiary whose obligations hereunder shall be guaranteed by GKF, and KETTERING MEDICAL CENTER, an Ohio non-profit corporation, (“Medical Center”).

Quad M Solutions, Inc.EXCHANGE AGREEMENT (May 21st, 2020)

THIS EXCHANGE AGREEMENT (this “Agreement”), is dated as of March 17, 2020 (the Effective Date”), between Quad M Solutions, Inc., an Idaho corporation, (the “Company”) and the Purchasers are executing and delivering this Agreement in reliance upon an exemption from securities registration afforded by the provisions of Section 4(2), Section 4(6) and/or Regulation D (“Regulation D”) as promulgated by the United States Securities and Exchange Commission (the “Commission”) under the Securities Act of 1933, as amended (the “1933 Act”);