Alabama Sample Contracts

Southern Company Deferred Compensation Plan (February 21st, 2018)
Second Amendment to the Southern Company Supplemental Benefit Plan (February 21st, 2018)

WHEREAS, the Board of Directors of Southern Company Services, Inc. (the "Company") heretofore established and adopted the Southern Company Supplemental Benefit Plan, as amended and restated effective June 30, 2016 (the "Plan"); and

Contract (February 21st, 2018)
Second Amendment to the Southern Company Supplemental Executive Retirement Plan (February 21st, 2018)

WHEREAS, the Board of Directors of Southern Company Services, Inc. (the "Company") heretofore established and adopted the Southern Company Supplemental Executive Retirement Plan, as amended and restated effective June 30, 2016 (the "Plan"); and

Construction Completion Agreement Between (February 21st, 2018)

This CONSTRUCTION COMPLETION AGREEMENT ("Agreement") is entered into as of the 23rd day of October, 2017 ("Effective Date"), by and between GEORGIA POWER COMPANY, a Georgia corporation ("GPC"), acting for itself and as agent for OGLETHORPE POWER CORPORATION (AN ELECTRIC MEMBERSHIP CORPORATION), an electric membership corporation formed under the laws of the State of Georgia, MUNICIPAL ELECTRIC AUTHORITY OF GEORGIA, a public body corporate and politic and an instrumentality of the State of Georgia, MEAG POWER SPVJ, LLC, MEAG POWER SPVM, LLC, MEAG POWER SPVP, LLC, each a Georgia limited liability company, and THE CITY OF DALTON, GEORGIA, an incorporated municipality in the State of Georgia acting by and through its Board of Water, Light and Sinking Fund Commissioners (collectively, the "Owners"); and BECHTEL POWER CORPORATION, a Nevada corporation ("Contractor"). Owners and Contractor may be referred to individually as a "Party" and collectively as the "Parties".

Education Realty Operating Partnership L P – This Sixth Amended and Restated Credit Agreement Amends and Restates That Certain Fifth Amended and Restated Credit Agreement Dated November 19, 2014 (As Same Was Amended From Time to Time, the "Original Credit Agreement"), Entered Into Between Education Realty Operating Partnership, Lp, as Borrower, Keybank National Association, as Administrative Agent, Regions Bank, Pnc Bank, National Association, and Royal Bank of Canada, as Co-Documentation Agents, and Keybanc Capital Markets, Pnc Capital Markets Llc, Rbc Capital Markets and Regions Capital Markets, as Co-Bookrunners and Co-Lead Arrangers, (February 20th, 2018)

WHEREAS, the Borrower, KeyBank National Association and the other parties referenced above (the "Original Lenders") entered into the Original Credit Agreement wherein loans and other financial accommodations were extended to the Borrower; and

Education Realty Operating Partnership L P – Second Amendment to Second Amended and Restated Credit Agreement (February 20th, 2018)
Amendment to Loan Documents (February 20th, 2018)

THIS AMENDMENT TO LOAN DOCUMENTS (this "Amendment") is dated effective as of the 15 day of February, 2018, among REVEN HOUSING ALABAMA, LLC, a Delaware limited liability company (the "Borrower"), the undersigned Guarantor (the "Guarantor") and SOUTHPOINT BANK, an Alabama banking corporation (the "Lender").

InPoint Commercial Real Estate Income, Inc. – MASTER REPURCHASE AGREEMENT COLUMN FINANCIAL, INC., as Administrative Agent (The "Administrative Agent"), CREDIT SUISSE AG, a Company Incorporated in Switzerland, Acting Through Its CAYMAN ISLANDS BRANCH and ALPINE SECURITIZATION LTD, an Exempted Company Organized Under the Laws of the Cayman Islands, as Buyers (The "Buyers") and InPoint CS Loan, LLC, as Seller ("Seller") Dated: February 15, 2018 (February 16th, 2018)

This is a MASTER REPURCHASE AGREEMENT (the "Agreement"), dated as of February 15, 2018, by and among COLUMN FINANCIAL, INC., (the "Administrative Agent") on behalf of buyers, including but not limited to Credit Suisse AG, a company incorporated in Switzerland, acting through its Cayman Islands Branch ("CS Cayman" and a "Buyer") and Alpine Securitization LTD, an exempted company organized under the laws of the Cayman Islands ("Alpine" and a "Buyer", and collectively, with CS Cayman, the "Buyers") and InPoint CS Loan, LLC, a Delaware limited liability company (the "Seller").

Indenture (February 16th, 2018)

INDENTURE, dated as of January 15, 1996, between MacMillan Bloedel Limited, a corporation organized under the laws of British Columbia, Canada (herein called the "Company"), having its principal office at 925 West Georgia Street, Vancouver, British Columbia V6C3L2, Canada, and Bank of Montreal Trust Company, a corporation duly organized and existing under the laws of the State of New York, as Trustee (herein called the "Trustee").

Hanover Capital Mortgage Holdings, Inc. – SECOND AMENDED AND RESTATED CREDIT AGREEMENT Dated as of February 9, 2018 Among DITECH HOLDING CORPORATION, as Borrower, THE LENDERS PARTY HERETO and CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH as Administrative Agent and Collateral Agent (February 9th, 2018)

SECOND AMENDED AND RESTATED CREDIT AGREEMENT dated as of February 9, 2018, among DITECH HOLDING CORPORATION (formerly known as Walter Investment Management Corp.), a Maryland corporation (the Borrower), the Lenders (such term and each other capitalized term used but not defined in this introductory statement having the meaning given it in ARTICLE I), and CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as administrative agent (in such capacity, including any successor thereto, the Administrative Agent) and as collateral agent (in such capacity, including any successor thereto, the Collateral Agent) for the Lenders. This Agreement amends and restates the Pre-Petition Credit Agreement (as defined below) in its entirety.

World Omni Auto Receivables Trust 2018-A – Sale and Servicing Agreement (February 7th, 2018)

This SALE AND SERVICING AGREEMENT is dated as of February 7, 2018, among WORLD OMNI AUTO RECEIVABLES TRUST 2018-A, a Delaware statutory trust (the "Issuing Entity"), WORLD OMNI AUTO RECEIVABLES LLC, a Delaware limited liability company (the "Depositor"), as depositor, and WORLD OMNI FINANCIAL CORP., a Florida corporation ("World Omni" or the "Servicer").

World Omni Auto Receivables Trust 2018-A – Trust Agreement (February 7th, 2018)

This TRUST AGREEMENT is dated February 7, 2018, between WORLD OMNI AUTO RECEIVABLES LLC, a Delaware limited liability company, as depositor, and WELLS FARGO DELAWARE TRUST COMPANY, N.A., a national banking association, as owner trustee.

ASSET PURCHASE AGREEMENT by and Among FULGHUM FIBRES FLORIDA, INC., FULGHUM FIBRES, INC., and FULGHUM FIBRES COLLINS, INC. As Sellers, RENTECH, INC. As the Parent Company to Each of the Sellers, and THE PRICE COMPANIES, INC. As Buyer, Dated as of February 1, 2018 (February 7th, 2018)

This Asset Purchase Agreement (this Agreement) is made and entered into as of February 1, 2018, by and among (a) The Price Companies, Inc., an Arkansas corporation (Buyer), (b) Fulghum Fibres Florida, Inc., a Georgia corporation (FFF), Fulghum Fibres, Inc., a Georgia corporation (FFI), and Fulghum Fibres Collins, Inc., a Georgia corporation (FFC, and together with FFF, and FFI, each a Seller and, collectively, the Sellers), and (c) Rentech, Inc., a Colorado corporation (Rentech), as the parent company to each of the Sellers (collectively, the Parties and each individually a Party).

BEARINGS, INC. 3600 Euclid Avenue Cleveland, Ohio 44115-2515 (February 6th, 2018)

The undersigned, BEARINGS, INC., an Ohio corporation (herein called the "COMPANY"), hereby agrees with you as set forth below. Reference is made to paragraph 10 hereof for definitions of capitalized terms used herein and not otherwise defined herein.

CREDIT AGREEMENT Among APPLIED INDUSTRIAL TECHNOLOGIES, INC. As Borrower THE LENDERS NAMED HEREIN as Lenders and KEYBANK NATIONAL ASSOCIATION as Administrative Agent, Swing Line Lender and Issuing Lender KEYBANC CAPITAL MARKETS, INC. As Joint Lead Arranger and Sole Book Runner PNC BANK, NATIONAL ASSOCIATION JPMORGAN CHASE BANK, N.A. As Joint Lead Arrangers and Co- Syndication Agents BRANCH BANKING AND TRUST COMPANY FIFTH THIRD BANK as Joint Lead Arrangers and Co-Documentation Agents Dated as of January 31, 2018 (February 6th, 2018)

This CREDIT AGREEMENT (as the same may from time to time be amended, restated or otherwise modified, this "Agreement") is made effective as of the 31st day of January, 2018 among:

Americold Realty Trust – Consent and First Amendment to Credit Agreement (February 6th, 2018)

CONSENT AND FIRST AMENDMENT TO CREDIT AGREEMENT, dated as of February 6, 2018 (this Agreement), among Americold Realty Operating Partnership, L.P., a Delaware limited partnership (the Borrower), Americold Realty Trust, a Maryland real estate investment trust (the Company), the Guarantors, Lenders, Letter of Credit Issuers and Swing Line Lender (each as defined the Credit Agreement described below) party hereto and Bank of America, N.A., as administrative agent (in such capacity, the Administrative Agent).

ASTERISKS INDICATE THAT CONFIDENTIAL INFORMATION HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THIS OMITTED INFORMATION. CREDIT AND SECURITY AGREEMENT Dated as of December 15, 2017 by and Among ACCURAY INCORPORATED and TOMOTHERAPY INCORPORATED Each as a Borrower, and Collectively as Borrowers, and MIDCAP FINANCIAL TRUST, as Agent and as a Lender, and THE ADDITIONAL LENDERS FROM TIME TO TIME PARTY HERETO (February 5th, 2018)

THIS CREDIT AND SECURITY AGREEMENT (as the same may be amended, supplemented, restated or otherwise modified from time to time, the Agreement) is dated as of December 15, 2017 by and among ACCURAY INCORPORATED, a Delaware corporation (Accuray or Borrower Representative), TOMOTHERAPY INCORPORATED, a Wisconsin corporation, and any additional borrower that may hereafter be added to this Agreement (collectively, Other Borrowers and, together with Borrower Representative, each individually as a Borrower, and collectively as Borrowers), MIDCAP FINANCIAL TRUST, a Delaware statutory trust, individually as a Lender, and as Agent, and the financial institutions or other entities from time to time parties hereto, each as a Lender.

Asterisks Indicate That Confidential Information Has Been Omitted and Filed Separately With the Securities and Exchange Commission. Confidential Treatment Has Been Requested With Respect to This Omitted Information. Amendment No. 1 to Credit and Security Agreement (February 5th, 2018)

THIS CREDIT AND SECURITY AGREEMENT (as the same may be amended, supplemented, restated or otherwise modified from time to time, the Agreement) is dated as of June 14, 2017 by and among ACCURAY INCORPORATED, a Delaware corporation (Accuray or Borrower Representative), TOMOTHERAPY INCORPORATED, a Wisconsin corporation, and any additional borrower that may hereafter be added to this Agreement (collectively, Other Borrowers and, together with Borrower Representative, each individually as a Borrower, and collectively as Borrowers), MIDCAP FINANCIALFUNDING IV TRUST, a Delaware statutory trust (as successor by assignment from MidCap Financial Trust), individually as a Lender, and as Agent, and the financial institutions or other entities from time to time parties hereto, each as a Lender.

Carter Validus Mission Critical REIT, Inc. – Third Amended and Restated Credit Agreement (February 5th, 2018)

THIS THIRD AMENDED AND RESTATED CREDIT AGREEMENT (this "Agreement") is made as of the 1st day of February, 2018 by and among CARTER/VALIDUS OPERATING PARTNERSHIP, LP, a Delaware limited partnership (the "Borrower"), KEYBANK NATIONAL ASSOCIATION ("KeyBank"), the other lending institutions which are parties to this Agreement as "Lenders", and the other lending institutions that may become parties hereto pursuant to SS18 (together with KeyBank, the "Lenders"), and KEYBANK NATIONAL ASSOCIATION, as Agent for the Lenders (the "Agent"), CAPITAL ONE, NATIONAL ASSOCIATION and SUNTRUST BANK, as Co-Syndication Agents, CITIZENS BANK, NATIONAL ASSOCIATION, TEXAS CAPITAL BANK, N.A., CADENCE BANK, N.A., and SYNOVUS BANK, as Co-Documentation Agents, and KEYBANC CAPITAL MARKETS, INC., CAPITAL ONE, NATIONAL ASSOCIATION, and SUNTRUST ROBINSON HUMPHREY, INC., as Joint Lead Arrangers and Bookrunners.

Term Loan Agreement (February 5th, 2018)

This TERM LOAN AGREEMENT (including all exhibits hereto, as the same may be amended, modified and/or restated from time to time, this "Agreement") is entered into as of February 2, 2018, by and among STANDARD DIVERSIFIED OPPORTUNITIES INC., a Delaware corporation ("SDOI"), STANDARD OUTDOOR LLC, a Delaware limited liability company ("Standard Outdoor"), STANDARD OUTDOOR SOUTHWEST LLC, a Delaware limited liability company ("Standard Outdoor SW"), STANDARD OUTDOOR SOUTHEAST I LLC, a Delaware limited liability company ("Standard Outdoor SEI"), STANDARD OUTDOOR SOUTHEAST II LLC, a Delaware limited liability company ("Standard Outdoor SEII"), the other Persons party hereto that are designated as "Borrowers" (collectively with SDOI, Standard Outdoor, Standard Outdoor SW, Standard Outdoor SEI and Standard Outdoor SEII, the "Borrowers" and each a "Borrower"), CRYSTAL FINANCIAL LLC, a Delaware limited liability company (in its individual capacity, "Crystal"), as administrative agent and collater

Second Amendment to Real Estate Purcahse and Sale Agreement (February 2nd, 2018)

THIS SECOND AMENDMENT TO REAL ESTATE PURCHASE AND SALE AGREEMENT (this "Amendment") is made and entered into as of January 31, 2018, by and between Southeast Equity Properties, LLC, JHB1 Properties, LLC, TWH of Alabama, LLC, Robert E Lee Living Trust, Vulcan Pacific, LLC, USA Regrowth Fund, LLC, Novato Ventures, LLC, Besaid, LLC, Thrive SF Capital Group, LLC, JMZ Partners, LLC, Capital Concepts NW, LLC, BP Fund, LLC (collectively, "Seller"), and REVEN HOUSING REIT, INC., a Maryland corporation ("Buyer").

THIRD AMENDED AND RESTATED CREDIT AGREEMENT Dated as of February 1, 2018 Among (February 2nd, 2018)

THIS THIRD AMENDED AND RESTATED CREDIT AGREEMENT (this Agreement) is entered into as of February 1, 2018, among SANMINA CORPORATION, a Delaware corporation (the Borrower), each lender from time to time party hereto (collectively, the Lenders and individually, a Lender), and BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and an Issuing Lender.

World Omni Auto Receivables Trust 2018-A – Trust Agreement (February 1st, 2018)

This TRUST AGREEMENT is dated February 7, 2018, between WORLD OMNI AUTO RECEIVABLES LLC, a Delaware limited liability company, as depositor, and WELLS FARGO DELAWARE TRUST COMPANY, N.A., a national banking association, as owner trustee.

iPic Entertainment Inc. – Second Amended and Restated Master Loan and Security Agreement (February 1st, 2018)

THIS SECOND AMENDED AND RESTATED MASTER LOAN AND SECURITY AGREEMENT (this "Agreement") is made as of this 1st day of February, 2018 by and among IPIC-GOLD CLASS ENTERTAINMENT, LLC, a Delaware limited liability company (the "Borrower"), IPIC GOLD CLASS HOLDINGS LLC, a Delaware limited liability company ("Holdings"), IPIC TEXAS, LLC, a Texas limited liability company ("IPIC Texas"), IPIC MEDIA, LLC, a Florida limited liability company ("IPIC Media"), DELRAY BEACH HOLDINGS, LLC, a Florida limited liability company ("DB Holdings"), BAY COLONY REALTY, LLC, a Florida limited liability company ("Bay Colony" and, together with IPIC Texas, IPIC Media, DB Holdings and each other Person which the Borrower owns and/or controls one hundred percent (100%) of the Equity Interest of such Person, collectively, the "Borrower Subsidiaries" and each individually a "Borrower Subsidiary") TEACHERS' RETIREMENT SYSTEM OF ALABAMA, a body corporate of the State of Alabama created under Section 16-25-1 et. seq.,

Lilis Energy, Inc. – Purchase and Sale Agreement (February 1st, 2018)

This PURCHASE AND SALE AGREEMENT (this "Agreement") is made as of January 30, 2018 (the "Execution Date"), by and between OneEnergy Partners Operating, LLC ("Seller"), and Lilis Energy, Inc. a Nevada corporation, ("Buyer"). Seller and Buyer are sometimes hereinafter referred to individually as a "Party" and collectively as the "Parties."

World Omni Auto Receivables Trust 2018-A – Sale and Servicing Agreement (February 1st, 2018)

This SALE AND SERVICING AGREEMENT is dated as of February 7, 2018, among WORLD OMNI AUTO RECEIVABLES TRUST 2018-A, a Delaware statutory trust (the "Issuing Entity"), WORLD OMNI AUTO RECEIVABLES LLC, a Delaware limited liability company (the "Depositor"), as depositor, and WORLD OMNI FINANCIAL CORP., a Florida corporation ("World Omni" or the "Servicer").

Laclede Gas Co – FIRST SUPPLEMENT TO MASTER NOTE PURCHASE AGREEMENT Dated as of December 1, 2017 (February 1st, 2018)

This First Supplement to Master Note Purchase Agreement (this "Supplement") is between SPIRE ALABAMA INC., an Alabama corporation (as successor to Alabama Gas Corporation, the "Company"), and the institutional investors named on Schedule A attached hereto (the "Purchasers").

Cadence Bancorporation – Contract (February 1st, 2018)

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RLJ Lodging Trust – Second Amendment to Second Amended and Restated Credit Agreement (January 31st, 2018)

THIS SECOND AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT (this Amendment), dated as of January 25, 2018, is made by and between RLJ LODGING TRUST, L.P., a limited partnership formed under the laws of the State of Delaware (the Borrower), RLJ LODGING TRUST, a Maryland real estate investment trust (the Parent Guarantor), each of the undersigned Subsidiary Guarantors (as defined in the Amended Credit Agreement (as defined below)), the Lenders party hereto (the Lenders), and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent (the Administrative Agent).

RLJ Lodging Trust – Sixth Amendment to Term Loan Agreement (January 31st, 2018)

THIS SIXTH AMENDMENT TO TERM LOAN AGREEMENT (this Amendment), dated as of January 25, 2018, is made by and between RLJ LODGING TRUST, L.P., a limited partnership formed under the laws of the State of Delaware (the Borrower), RLJ LODGING TRUST, a Maryland real estate investment trust (the Parent Guarantor), each of the undersigned Subsidiary Guarantors (as defined in the Amended Term Loan Agreement (as defined below)), the Lenders party hereto (the Lenders), and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent (the Administrative Agent).

SECOND AMENDED AND RESTATED CREDIT AGREEMENT Dated as of January 29, 2018 by and Among (January 30th, 2018)

SECOND AMENDED AND RESTATED CREDIT AGREEMENT, dated as of January 29, 2018, by and among FOSSIL GROUP, INC., a Delaware corporation (the US Borrower), FOSSIL GROUP EUROPE GMBH, a limited liability company organized under the law of Switzerland (Fossil Group Europe) and certain other Foreign Subsidiaries of US Borrower listed on Schedule 1.1E joined from time to time as a Borrower pursuant to Section 5.15(a) (collectively, the Non-US Borrowers and each a Non-US Borrower, together with the US Borrower, collectively, the Borrowers), the lenders who are party to this Agreement and the lenders who may become a party to this Agreement pursuant to the terms hereof (collectively with the lenders party hereto, the Lenders) and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as the Administrative Agent for the Lenders.

Morgan Stanley Capital I Trust 2016-BNK2 – Contract (January 25th, 2018)
Morgan Stanley Bank of America Merrill Lynch Trust 2017-C33 – Contract (January 25th, 2018)
Fitlife Brands, Inc. – Continuing Guaranty (January 25th, 2018)