Arizona Sample Contracts

Kratos Defense & Security Solutions, Inc. – AMENDED AND RESTATED LEASE AGREEMENT (February 28th, 2019)

This Lease amends and restates in its entirety (a) that certain Lease Agreement (Existing Building Area) dated as of May 31, 2017, as amended from time to time, by and between Lessor and Lessee, and (b) that certain Lease Agreement (New Building Area) dated as of May 31, 2017, as amended from time to time, by and between Lessor and Lessee (collectively, the “Previous Lease”) by and between Lessor and Lessee. The terms of the Previous Lease shall remain in force and effect until the Previous Lease terminates at 11:59 p.m. on the date immediately prior to the Effective Date. The terms contained in this Lease shall apply to and be effective with respect to the period from and after the Effective Date, without novation, replacement or substitution of the Previous Lease.

Carvana Co. – FOURTH AMENDMENT TO FOURTH AMENDED AND RESTATED LEASE (February 27th, 2019)

The Parties acknowledge that the following recitals are true and correct and are a material part of this Fourth Amendment (this “Amendment”) to Lease:

Axon Enterprise, Inc. – AMENDED AND RESTATED PURCHASE AND SALE AGREEMENT THIS AMENDED AND RESTATED PURCHASE AND SALE AGREEMENT (this "Agreement") is made and entered into as of the 13th day of December, 2018 ("Effective Date"), by and between Apex Park at Pima, L.L.C., an Arizona limited liability company and its assignee under the substitute lease (collectively, "Seller") and Axon Enterprise Holding Company, LLC, a Delaware limited liability company ("Buyer") (sometimes collectively, the "Parties" and individually, a "Party"). RECITALS A. On or about May 30, 2003, Seller entered into that certain business lease (Bus (February 27th, 2019)
Arizona Public Service Co – DISCRETIONARY CREDIT AWARD AGREEMENT (February 22nd, 2019)

This Discretionary Credit Award Agreement (the “Agreement”) is entered into by and between Arizona Public Service Company (“APS”) and Robert Bement (“Employee”).

Arizona Public Service Co – RETENTION AGREEMENT (February 22nd, 2019)

This RETENTION AGREEMENT (“Agreement”) is entered into by and between Arizona Public Service Company (“APS”) and Robert Bement (“Employee”) (collectively the “Parties”). APS highly values and desires to continue to employ Employee, and Employee desires to continue to be employed by APS.

Arizona Public Service Co – Summary of 2019 Incentive Plans (February 22nd, 2019)

On December 18, 2018, the Human Resources Committee (the “Committee”) of the Pinnacle West Board of Directors (the “Board”) approved the Pinnacle West 2019 CEO Annual Incentive Award Plan (the “PNW Plan”), which provides an incentive award opportunity for Donald E. Brandt, the Chairman of the Board, President, and Chief Executive Officer of Pinnacle West and the Chairman of the Board and Chief Executive Officer of APS.  On December 19, 2018, the Board, acting on the recommendation of the Committee, approved the APS 2019 Annual Incentive Award Plan (the “APS Plan”), which includes an incentive award opportunity for James R. Hatfield, Executive Vice President and Chief Financial Officer of Pinnacle West and APS and the APS 2019 Annual Incentive Award Plan for Palo Verde Employees (the “Palo Verde Plan”), which includes an incentive award opportunity for Robert S. Bement, Executive Vice President and Chief Nuclear Officer of APS.

On Semiconductor Corp – EMPLOYMENT AGREEMENT (February 20th, 2019)

EMPLOYMENT AGREEMENT, dated January 1, 2019 (the “Agreement”), between Semiconductor Components Industries, LLC (the “Company”), with offices at 5005 East McDowell Road, Phoenix, Arizona 85008, and Simon Keeton (the “Executive”).

Tucson Electric Power Co – TUCSON ELECTRIC POWER COMPANY OFFICER’S CERTIFICATE (February 15th, 2019)

Martha B. Pritz, the Treasurer of Tucson Electric Power Company, an Arizona corporation (the “Company”), pursuant to the authority granted in the Board Resolutions of the Company dated November 1, 2018, and Sections 102, 201 and 301 of the Indenture defined herein, does hereby certify to U.S. Bank National Association, as trustee (the “Trustee”) under the Indenture (For Unsecured Debt Securities) of the Company dated as of November 1, 2011 (the “Indenture”) that:

Cavco Industries Inc. – Cavco Industries, Inc. 3636 North Central Avenue, Suite 1200, Phoenix, Arizona 85012 January 28, 2019 Mickey R Dragash [Address] [City, State Zip] Dear Mick, (February 8th, 2019)

It has been great getting to know you during the interview process for the last several weeks. We would like to offer you the opportunity to join the Cavco team. Your knowledge and enthusiasm appear to be a great match with the company. The following are the terms of our offer of employment:

Amtech Systems Inc – SEPARATION AGREEMENT AND GENERAL RELEASE OF ALL CLAIMS (February 7th, 2019)

This Separation Agreement and General Release of All Claims (“Separation Agreement”) is made by and between Amtech Systems, Inc., an Arizona corporation (the “Company”), and Fokko Pentinga (“Executive”) with respect to the following facts:

Limelight Networks, Inc. – LIMELIGHT NETWORKS, INC. TOM MARTH EMPLOYMENT AGREEMENT (February 1st, 2019)

This Employment Agreement (the “Agreement”) is entered into as of January 1, 2019 (the “Signing Date”), by and between Limelight Networks, Inc. (the “Company”) and Tom Marth (“Executive”).

Knight-Swift Transportation Holdings Inc. – Knight-Swift Transportation Holdings Inc. Reports Fourth Quarter 2018 Revenue and Earnings (January 29th, 2019)

Knight-Swift Transportation Holdings Inc. (NYSE: KNX) ("Knight-Swift"), North America's largest truckload transportation company, today reported fourth quarter 2018 net income attributable to Knight-Swift of $151.7 million and Adjusted Net Income Attributable to Knight-Swift of $162.9 million. Our GAAP earnings per diluted share were $0.86 for the fourth quarter of 2018, compared to $2.50 for the fourth quarter of 2017. Included in the fourth quarter 2017 results was an income tax benefit of $364.2 million (or $2.03 per diluted share), representing management's estimate of the net impact of the Tax Cuts and Jobs Act enacted during that quarter.

Air T Inc – ASSIGNMENT AND AGREEMENT REGARDING DISASSEMBLY CONTRACT (January 25th, 2019)

THIS ASSIGNMENT AND AGREEMENT is made and executed to be effective as of January 18, 2019 by and among Jet Yard, LLC, an Arizona limited liability company ("Contractor"), AIRCO 1, LLC, a Delaware limited liability company ("Borrower") and Minnesota Bank & Trust, a Minnesota state banking corporation, in its capacity as collateral agent (in such capacity the “Collateral Agent”) for the benefit of itself and for the ratable benefit of the “Lenders” as hereinafter defined.

Nobilis Health Corp. – Nobilis Health Announces New CFO HOUSTON, January 17, 2019 /PRNewswire/ -- Nobilis Health Corp. (NYSE American: HLTH) ("Nobilis" or the "Company") announced today it has named current SVP of Finance, Brandon Moreno, as the Company’s CFO, effective immediately. “Even though I’ve only been CEO a short time, I have been working with Nobilis and interacting directly with Brandon for several months. I have been extremely impressed with Brandon’s capabilities and knowledge of the industry. He is highly respected by the management team and has been instrumental in maintaining the morale of the financ (January 24th, 2019)
Armstrong Flooring, Inc. – INTELLECTUAL PROPERTY AGREEMENT (January 7th, 2019)

This INTELLECTUAL PROPERTY AGREEMENT (this “Agreement”), dated as of December 31, 2018 (the “Effective Date”) is entered into by and between Armstrong Flooring, Inc., a Delaware corporation (“Seller”) and AFI Licensing LLC, a Delaware limited liability company (“Licensing” and together with Seller, “Arizona”) and AHF Holding, Inc. (formerly known as Tarzan HoldCo, Inc.), a Delaware corporation (“Buyer”) and Armstrong Hardwood Flooring Company, a Tennessee corporation (the “Company” and together with Buyer the “Buyer Entities”) (each of Arizona on the one hand and the Buyer Entities on the other hand, a “Party” and collectively, the “Parties”).

Zoned Properties, Inc. – AMENDMENT TO CONVERTIBLE PROMISSORY NOTE (January 3rd, 2019)

This amendment (the “Amendment”) is made and entered into as of January 2, 2019 (“Effective Date”), by and between Zoned Properties, Inc., a Nevada corporation (“Company”), and Alan Abrams, an Arizona resident, or registered assigns (the “Holder”). From time to time herein, Holder and Company may be referred to collectively as the “Parties,” and each individually as a “Party.” Capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Original Note (as defined below).

Arcadia Biosciences, Inc. – OFFICE LEASE (December 27th, 2018)

This OFFICE LEASE (the “Lease”), dated March 17, 2003, for reference purposes only, is by and between Marvin L. Oates, Trustee of the Marvin L. Oates Trust, dated March 7, 1995, as Amended and Restated December 20, 2001 and Frank C. Ramos and Joanne M. Ramos as husband and wife (“Landlord”), and Arcadia Biosciences, Inc ., an Arizona Corporation (“Tenant”).

Sprouts Farmers Market, Inc. – SPROUTS FARMERS MARKET, INC. 5455 East High Street, Suite 111 Phoenix, Arizona 85054 (December 4th, 2018)

I want to express to you on behalf of the Board of Directors of Sprouts Farmers Market, Inc. (the “Company”) our appreciation for your service to the Company as Chief Executive Officer and a member of the Board of Directors. This Separation Agreement (“Agreement”) confirms our mutual agreement regarding the terms and conditions of your resignation as Chief Executive Officer and Director of the Company. The Company agrees to provide you with certain payments (as set forth in Paragraph 3) as consideration for your agreement to the provisions set forth below, including without limitation a general release of claims in favor of the Company in a form to be provided to you. (the “Release”).

Cole Real Estate Income Strategy (Daily Nav), Inc. – Contract for Services (November 27th, 2018)

We are pleased to submit this proposal (the “Proposal”) for this assignment. This Proposal for amendment is a modification to the Master Agreement dated 9/1/2011. Unless presented below, all of the terms and conditions contained in the Master Agreement are still in force.

BioNano Genomics, Inc – BIONANO GENOMICS, INC. AMENDMENT AGREEMENT (November 21st, 2018)

This AMENDMENT AGREEMENT (this “Amendment”) is entered into effective as of November 19, 2018 (the “Effective Date”), by and between Bionano Genomics, Inc., a Delaware corporation (the “Company”), and Western Alliance Bancorporation (as assignee to the Warrants as defined below, the “Holder”) and Western Alliance Bank, an Arizona corporation (the “Bank”).

IZEA Worldwide, Inc. – Business Financing Modification Agreement AND CONSENT (November 14th, 2018)

This Business Financing Modification Agreement and Consent is entered into as of August 30, 2018, by and among IZEA WORLDWIDE, INC. (F/K/A IZEA, INC.) (ìIZEAî), EBYLINE, INC. (ìEbylineî), TAPINFLUENCE, INC. (ìTapInfluenceî and, together with IZEA and Ebyline, individually and collectively, jointly and severally, the ìBorrowerî), and Western Alliance Bank, an Arizona corporation (ìLenderî).

Ampco Pittsburgh Corp – MASTER LEASE AGREEMENT (November 9th, 2018)

THIS MASTER LEASE AGREEMENT (this “Lease”) is made as of September 28, 2018 (the “Effective Date”), by and between STORE CAPITAL ACQUISITIONS, LLC, a Delaware limited liability company (“Lessor”), whose address is 8377 E. Hartford Drive, Suite 100, Scottsdale, Arizona 85255, and UNION ELECTRIC STEEL CORPORATION, a Pennsylvania corporation (“Lessee”), whose address is 726 Bell Avenue, Suite 301, P.O. Box 457, Carnegie, Pennsylvania 15106.  Capitalized terms not defined herein shall have the meanings set forth in Exhibit A hereto.

Sterling Construction Co Inc – At September 30, 2018, our heavy civil construction segment backlog was $833 million compared to $744 million at the beginning of 2018. The gross margin in backlog was 8.7% at September 30, 2018, up 30 basis points from the beginning of 2018. Combined backlog, which includes our backlog and our unsigned low-bid awards, totaled $1,175,000,000, the highest in Sterling's history. The combined backlog gross margin was 9% as of September 30, 2018, an increase from 8.3% at the beginning of 2018. Our Heavy Civil Construction combined backlog book-to- burn factor was 153% for the third quarter of 2018 (November 9th, 2018)
Codexis Inc – FOURTH AMENDMENT TO LOAN AND SECURITY AGREEMENT THIS FOURTH AMENDMENT to Loan and Security Agreement (this “Amendment”) is made effective as of September 28, 2018 (the “Amendment Date”) and made by and among WESTERN ALLIANCE BANK, an Arizona corporation (“Bank”) and CODEXIS, INC., a Delaware corporation (“Borrower”). WHEREAS, Bank and Borrower have entered into that certain Loan and Security Agreement, dated as of June 30, 2017 (as amended, supplemented, restated or otherwise modified from time to time, the “Loan Agreement”); and WHEREAS, Bank and Borrower desire to amend certain provisions of (November 9th, 2018)
Bridgepoint Education Inc – SINGLE TENANT OFFICE LEASE (November 8th, 2018)

This Lease, dated for reference purposes as of August 15, 2018, is entered into by and between Ascend Northrop, LLC, an Arizona limited liability company (“Landlord”) and Bridgepoint Education, Inc., a Delaware corporation (“Tenant”).

Tabula Rasa HealthCare, Inc. – LOAN AND SECURITY MODIFICATION AGREEMENT (November 8th, 2018)

This Loan and Security Modification Agreement (this “Amendment”), is entered into as of August 31, 2018, by and among (i) CAREKINESIS, INC., a Delaware corporation (“CareKinesis”), TABULA RASA HEALTHCARE, INC., a Delaware corporation (“Parent”), CAREVENTIONS, INC., a Delaware corporation (“Careventions”), CAPSTONE PERFORMANCE SYSTEMS, LLC, a Delaware limited liability company (“Capstone”), J. A. ROBERTSON, INC., a California corporation (“Robertson”), MEDLIANCE LLC, an Arizona limited liability company (“Medliance”), CK SOLUTIONS, LLC, a Delaware limited liability company (“CK Solutions”), TRSHC HOLDINGS, LLC, a Delaware limited liability company (“TRSHC”), and SINFONIARX, INC., an Arizona corporation (“SinfoniaRX”; Parent, CareKinesis, Careventions, Capstone, Robertson, Medliance, CK Solutions, TRSHC, and SinfoniaRX are each referred to herein as a “Borrower”, and collectively, as the “Borrowers”), (ii) the several banks and other financial institutions or entities party hereto (each

Tucson Electric Power Co – TUCSON ELECTRIC POWER COMPANY OFFICER’S CERTIFICATE (November 8th, 2018)

Martha B. Pritz, the Treasurer of Tucson Electric Power Company, an Arizona corporation (the “Company”), pursuant to the authority granted in the Board Resolutions of the Company dated November [●], 2018, and Sections 102, 201 and 301 of the Indenture defined herein, does hereby certify to U.S. Bank National Association, as trustee (the “Trustee”) under the Indenture (For Unsecured Debt Securities) of the Company dated as of November 1, 2011 (the “Indenture”) that:

Axon Enterprise, Inc. – be limited to Seller’s leasehold interest in the Real Property pursuant to the Substitute Lease and access and utility easements located within the original Master Lease necessary for Buyer’s use of the Substitute Lease premises for the Substitute Lease term. Buyer understands and acknowledges that Seller has no right, title or interest in or to the underlying fee interest in the Real Property; (b) improvements located on the Real Property (if any exist); and (c) any rights and privileges appurtenant to the Real Property, all of which (if any exist) are agreed to be and constitute part of the (November 7th, 2018)
Inuvo, Inc. – AMENDED AND RESTATED BUSINESS FINANCING AGREEMENT (November 7th, 2018)

This AMENDED AND RESTATED BUSINESS FINANCING AGREEMENT, dated as of October 11, 2018 (the “Closing Date”), is made and entered into by and among WESTERN ALLIANCE BANK, AN ARIZONA CORPORATION (“Lender”), INUVO, INC., a Nevada corporation (“Parent”), BABYTOBEE, LLC, a New York limited liability company (“Babytobee”), KOWABUNGA MARKETING, INC., a Michigan corporation (“Kowabunga”), VERTRO, INC., a Delaware corporation (“Vertro”), A LOT, INC., a Delaware corporation (“A LOT”), and NETSEER, INC., a Nevada corporation (“NetSeer” and together with Parent, Babytobee, Kowabunga, Vertro and A LOT, individually and collectively, jointly and severally, “Borrower”), on the following terms and conditions:

Inuvo, Inc. – ELEVENTH BUSINESS FINANCING MODIFICATION AGREEMENT (November 7th, 2018)

This Eleventh Business Financing Modification Agreement (the “Amendment”) is entered into as of September 19, 2018 by and between WESTERN ALLIANCE BANK, an Arizona corporation (“Lender”) INUVO, INC., a Nevada corporation (“Parent”), BABYTOBEE, LLC, a New York limited liability company (“Babytobee”), KOWABUNGA MARKETING, INC., a Michigan corporation (“Kowabunga”), VERTRO, INC., a Delaware corporation (“Vertro”), ALOT, INC., a Delaware corporation (“A LOT”), and NETSEER, INC., a Nevada corporation formerly known as NETSEER ACQUISITION, INC. (“NetSeer” and together with Parent, Babytobee, Kowabunga Vertro and A LOT, each a “Borrower” and collectively, “Borrowers”).

Knight-Swift Transportation Holdings Inc. – Knight-Swift Transportation Holdings Inc. Reports Third Quarter 2018 Revenue and Earnings (October 24th, 2018)

Knight-Swift Transportation Holdings Inc. (NYSE: KNX) ("Knight-Swift"), North America's largest truckload transportation company, today reported third quarter 2018 net income attributable to Knight-Swift of $105.9 million and Adjusted Net Income Attributable to Knight-Swift of $115.1 million. Our GAAP earnings per diluted share were $0.60 for the third quarter of 2018, compared to $0.04 for the third quarter of 2017. Our Adjusted EPS was $0.65 for the third quarter of 2018, compared to $0.25 for the third quarter of 2017.

Vapotherm Inc – AMENDED AND RESTATED BUSINESS FINANCING AGREEMENT (October 19th, 2018)

This AMENDED AND RESTATED BUSINESS FINANCING AGREEMENT, dated as of April 6, 2018 (“the Effective Date”) is made and entered into between WESTERN ALLIANCE BANK, AN ARIZONA CORPORATION (“Lender”), and VAPOTHERM, INC., a Delaware corporation (“Borrower”), and amends and restates, in its entirety, that certain Business Financing Agreement executed by Borrower in favor of Lender, dated as of November 16, 2016, as amended from time to time (the “Original Business Financing Agreement”), on the following terms and conditions:

Uranium Energy Corp – Uranium Energy Corp Files Fiscal 2018 Annual Report Corpus Christi, TX, October 15, 2018 - Uranium Energy Corp (NYSE American: UEC, the "Company" or "UEC") is pleased to report, in accordance with NYSE American requirements, the filing of the Company's annual report on Form 10-K for the fiscal year ended July 31, 2018 with the U.S. Securities and Exchange Commission (the "SEC"). This Form 10-K filing, which includes the Company's audited consolidated financial statements, related notes thereto and management's discussion and analysis, is available for viewing on the SEC's website at http://www (October 15th, 2018)

Corpus Christi, TX, October 15, 2018 - Uranium Energy Corp (NYSE American: UEC, the "Company" or "UEC") is pleased to report, in accordance with NYSE American requirements, the filing of the Company's annual report on Form 10-K for the fiscal year ended July 31, 2018 with the U.S. Securities and Exchange Commission (the "SEC"). This Form 10-K filing, which includes the Company's audited consolidated financial statements, related notes thereto and management's discussion and analysis, is available for viewing on the SEC's website at http://www.sec.gov/edgar.shtml or on the Company's website at www.uraniumenergy.com.

IsoRay, Inc. – Employment Agreement (October 12th, 2018)

This Employment Agreement (“Agreement”) is made in the State of Arizona by and between __________ (“Executive”) and IsoRay, Inc. a Minnesota corporation (the “Company”).

Great Western Bancorp, Inc. – Forward Looking Statements The materials posted may contain forward-looking statements, including guidance, involving significant risks and uncertainties, which will be identified by words such as "believe," "expect," "anticipate," "intend," "estimate," "should," "is likely," "will," "going forward" and other expressions that indicate future events and trends and may be followed by or reference cautionary statements. A number of factors could cause actual results to differ materially from those in the forward-looking information. These factors are outlined in our most recent earnings press rel (August 30th, 2018)