Arkansas Sample Contracts

CNH Equipment Trust 2018-B – ASSET REPRESENTATIONS REVIEW AGREEMENT CNH EQUIPMENT TRUST 2018-B, as Issuing Entity and NEW HOLLAND CREDIT COMPANY, LLC, as Servicer and CLAYTON FIXED INCOME SERVICES LLC, as Asset Representations Reviewer (September 20th, 2018)

This ASSET REPRESENTATIONS REVIEW AGREEMENT (this Agreement), entered into as of the 1st day of September 2018, by and among CNH EQUIPMENT TRUST 2018-B, a Delaware statutory trust (the Issuing Entity), NEW HOLLAND CREDIT COMPANY, LLC, a Delaware limited liability company (the Servicer) and CLAYTON FIXED INCOME SERVICES LLC, a Delaware limited liability company (the Asset Representations Reviewer).

KLX Energy Services Holdings, Inc. – Amended and Restated Employment Agreement (September 19th, 2018)

This Amended and Restated Employment Agreement (this Agreement) is entered as of September 14, 2018, by and between KLX Energy Services Holdings, Inc., a Delaware corporation (the Company), and Gary J. Roberts (the Executive).

Tile Shop Holdings Inc. – CREDIT AGREEMENT Dated as of September 18, 2018 Among THE TILE SHOP, LLC, Tile Shop Lending, Inc., and CERTAIN SUBSIDIARIES as Borrowers, TILE SHOP HOLDINGS, INC., as a Guarantor BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and an L/C Issuer, and the Other Lenders Party Hereto FIFTH THIRD BANK, as Syndication Agent (September 19th, 2018)
Third Supplemental Indenture (September 18th, 2018)
SUPERSEDING AND AMENDED DEFINITIVE CLASS SETTLEMENT AGREEMENT OF THE RULE 23(b)(3) CLASS PLAINTIFFS AND THE DEFENDANTS (September 18th, 2018)

Subject to the approval of the Court, and as further set forth below, this Superseding and Amended Definitive Class Settlement Agreement of the Rule 23(b)(3) Class Plaintiffs and the Defendants (the "Superseding and Amended Class Settlement Agreement"), which amends, modifies, and supersedes the Definitive Class Settlement Agreement (as defined herein), is made as of the 17th day of September, 2018, by and among the Rule 23(b)(3) Class Plaintiffs defined below, individually and as representatives of the Rule 23(b)(3) Settlement Class defined below, the Rule 23(b)(3) Class Counsel defined below, and the Defendants defined below.

C&J Energy Services Ltd. – Employment Agreement (September 18th, 2018)

This Employment Agreement (this "Agreement") is entered into effective as of September 17, 2018 (the "Effective Date"), by and between C&J Spec-Rent Services, Inc., an Indiana company (the "Company"), and Jan Kees van Gaalen ("Executive").

SUPERSEDING AND AMENDED DEFINITIVE CLASS SETTLEMENT AGREEMENT OF THE RULE 23(b)(3) CLASS PLAINTIFFS AND THE DEFENDANTS (September 18th, 2018)

Subject to the approval of the Court, and as further set forth below, this Superseding and Amended Definitive Class Settlement Agreement of the Rule 23(b)(3) Class Plaintiffs and the Defendants (the "Superseding and Amended Class Settlement Agreement"), which amends, modifies, and supersedes the Definitive Class Settlement Agreement (as defined herein), is made as of the 17th day of September, 2018, by and among the Rule 23(b)(3) Class Plaintiffs defined below, individually and as representatives of the Rule 23(b)(3) Settlement Class defined below, the Rule 23(b)(3) Class Counsel defined below, and the Defendants defined below.

Communications Sales & Leasing, Inc. – Severance Agreement (September 14th, 2018)

This Severance Agreement (the "Agreement"), dated as of September 10, 2018 (the "Effective Date"), is made by and between Uniti Group Inc., a Maryland corporation (the "Corporation"), and Daniel L. Heard ("Executive").

Communications Sales & Leasing, Inc. – Severance Agreement (September 14th, 2018)

This Severance Agreement (the "Agreement"), dated as of September 10, 2018 (the "Effective Date"), is made by and between Uniti Group Inc., a Maryland corporation (the "Corporation"), and Mark A. Wallace ("Executive").

Streamline Health Solutions, Inc. – Employment Agreement (September 12th, 2018)

This EMPLOYMENT AGREEMENT (together with Exhibit A, the "Agreement") is entered as of September 10th, 2018, by and between Streamline Health Solutions, Inc., a Delaware corporation with its headquarters in Atlanta, Georgia (the "Company"), and Thomas J. Gibson, a resident of the state of Georgia ("Executive").

BRP Inc. – Condensed Consolidated Interim Statements of Net Income (September 11th, 2018)
Agree Realty Corporation – AGREE REALTY CORPORATION 3,500,000 Shares of Common Stock (Par Value $0.0001 Per Share) UNDERWRITING AGREEMENT (September 7th, 2018)
New Residential Investment Corp – SECOND AMENDED AND RESTATED INDENTURE NRZ ADVANCE RECEIVABLES TRUST 2015-On1, as Issuer and DEUTSCHE BANK NATIONAL TRUST COMPANY, as Indenture Trustee, Calculation Agent, Paying Agent and Securities Intermediary and HLSS HOLDINGS, LLC, as Administrator and CREDIT SUISSE AG, NEW YORK BRANCH, as Administrative Agent and OCWEN LOAN SERVICING, LLC, and NEW RESIDENTIAL MORTGAGE LLC and NEW PENN FINANCIAL, LLC D/B/a SHELLPOINT MORTGAGE SERVICING Dated as of September 7, 2018 NRZ ADVANCE RECEIVABLES TRUST 2015-On1 ADVANCE RECEIVABLES BACKED NOTES, ISSUABLE IN SERIES (September 7th, 2018)

This SECOND AMENDED AND RESTATED INDENTURE (as amended, supplemented, restated, or otherwise modified from time to time, the "Indenture"), is made and entered into as of September 7, 2018 (the "Effective Date"), by and among NRZ ADVANCE RECEIVABLES TRUST 2015-ON1, a statutory trust organized under the laws of the State of Delaware (the "Issuer"), DEUTSCHE BANK NATIONAL TRUST COMPANY, a national banking association, in its capacity as Indenture Trustee (the "Indenture Trustee"), and as Calculation Agent, Paying Agent and Securities Intermediary (in each case, as defined below), HLSS HOLDINGS, LLC, a limited liability company organized under the laws of the State of Delaware ("HLSS"), NEW RESIDENTIAL MORTGAGE LLC, a limited liability company organized under the laws of the State of Delaware ("NRM"), NEW PENN FINANCIAL, LLC d/b/a SHELLPOINT MORTGAGE SERVICING, a limited liability company organized under the laws of the State of Delaware ("Shellpoint"), OCWEN LOAN SERVICING, LLC, a limited

FOIA CONFIDENTIAL TREATMENT HAS BEEN REQUESTED PURSUANT TO RULE 406 UNDER THE SECURITIES ACT OF 1933, AS AMENDED, AND RULE 24b-2 UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED, FOR INFORMATION CONTAINED IN THIS DOCUMENT INDICATED HEREIN EXECUTION VERSION SHARE PURCHASE AGREEMENT by and Among: WAL- MART INTERNATIONAL HOLDINGS, INC., a Delaware Corporation; THE SHAREHOLDERS OF FLIPKART PRIVATE LIMITED THAT ARE IDENTIFIED ON SCHEDULE I; FORTIS ADVISORS LLC, as the Sellers' Representative; And, for Purposes of Section 10.18 Only, WALMART INC., a Delaware Corporation Dated as of May 9, 2018 (September 6th, 2018)
FOIA CONFIDENTIAL TREATMENT HAS BEEN REQUESTED PURSUANT TO RULE 406 UNDER THE SECURITIES ACT OF 1933, AS AMENDED, AND RULE 24b-2 UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED, FOR INFORMATION CONTAINED IN THIS DOCUMENT INDICATED HEREIN EXECUTION VERSION SHARE ISSUANCE AND ACQUISITION AGREEMENT by and Among: WAL-MART INTERNATIONAL HOLDINGS, INC., a Delaware Corporation; FLIPKART PRIVATE LIMITED, a Company Incorporated in Singapore; And, for Purposes of Section 10.19 Only, WALMART INC., a Delaware Corporation Dated as of May 9, 2018 (September 6th, 2018)
Energy Resources 12, L.P. – Revolver Loan Agreement (September 5th, 2018)

THIS REVOLVER LOAN AGREEMENT (this "Agreement"), dated effective as of August 31, 2018, is entered into between ENERGY RESOURCES 12, L.P., a Delaware limited partnership ("ELP"), and ENERGY RESOURCES 12 OPERATING COMPANY, LLC, a Delaware limited liability company ("ELLC" and together with ELP, collectively "Borrowers", and each, a "Borrower"), and SIMMONS BANK, an Arkansas banking corporation, as administrative agent for the Lenders signatory hereto, Letter of Credit Issuer, and as Agent for the signatory parties to any Intercreditor Agreement (herein defined) (the "Agent"), and the Lenders signatory parties hereto.

Seventh Amendment to Credit Agreement, Second Amendment to Amended and Restated Addendum to Credit Agreement, Second Amendment to Security Agreement, and Ratification, Reaffirmation and Assumption (August 29th, 2018)

THIS SEVENTH AMENDMENT TO CREDIT AGREEMENT, SECOND AMENDMENT TO AMENDED AND RESTATED ADDENDUM TO CREDIT AGREEMENT, SECOND AMENDMENT TO SECURITY AGREEMENT, AND RATIFICATION, REAFFIRMATION AND ASSUMPTION (this "Amendment") is dated as of August 23, 2018, by and among (A) FRED'S, INC., a Tennessee corporation ("Parent"); (B) the Subsidiaries of Parent identified on the signature pages hereto as Borrowers (each of such Subsidiaries, together with Parent, jointly and severally, "Borrowers" and, each, a "Borrower"); (C) the Subsidiaries of Parent identified as Guarantors on the signature pages hereto (each of such Subsidiaries, jointly and severally, "Guarantors" and, each, a "Guarantor"; it being understood that, as of the date hereof, there are no Guarantors); (D) the Lenders party to the Credit Agreement defined below; and (E) REGIONS BANK, an Alabama bank, in its capacity as administrative agent for Lenders, LC Issuers and other Secured Parties (as defined in the Credit Agreement) (in su

ASSET PURCHASE AGREEMENT by and Between NRG WHOLESALE GENERATION LP, as Seller, GENON ENERGY, INC., Solely With Respect to Section 6.12 (No Solicitation), Section 6.15(c) (Public Announcements) and Article XI (General Provisions) and ENTERGY MISSISSIPPI, INC., as Purchaser Dated as of August 21, 2018 (August 22nd, 2018)

THIS ASSET PURCHASE AGREEMENT, dated as of August 21, 2018, is made and entered into by and between NRG Wholesale Generation, LP, a limited partnership organized and existing under the laws of the State of Delaware (Seller), and, solely with respect to Section 6.12 (No Solicitation), Section 6.15(c) (Public Announcements), and Article XI (General Provisions), GenOn Energy, Inc., a corporation organized and existing under the laws of the State of Delaware (Seller Parent Guarantor), on the one hand, and Entergy Mississippi, Inc., a corporation organized and existing under the laws of the State of Mississippi (Purchaser), on the other hand. Each of Seller, Seller Parent Guarantor, and Purchaser may be referred to individually as a Party or together as the Parties. Capitalized terms used in this Agreement are defined in Section 1.1.

Zekelman Industries, Inc. – ZEKELMAN INDUSTRIES, INC., as Issuer and the Guarantors Party Hereto 9.875% Senior Secured Notes Due 2023 INDENTURE Dated as of June 14, 2016 WILMINGTON TRUST, NATIONAL ASSOCIATION, as Trustee and Collateral Agent (August 17th, 2018)

INDENTURE, dated as of June 14, 2016, as amended or supplemented from time to time (this Indenture), among ZEKELMAN INDUSTRIES, INC., a corporation duly organized and existing under the laws of the State of Delaware (the Issuer), certain subsidiaries of the Issuer from time to time parties hereto (the Guarantors) and WILMINGTON TRUST, NATIONAL ASSOCIATION, a national banking association, as trustee (in such capacity, the Trustee) and collateral agent (in such capacity, the Collateral Agent).

Zekelman Industries, Inc. – AMENDED AND RESTATED CREDIT AGREEMENT Dated as of June 14, 2016 Among ZEKELMAN INDUSTRIES, INC., as the Borrower, GOLDMAN SACHS LENDING PARTNERS LLC, as Administrative Agent and Collateral Agent, the Other Lenders Party Hereto, and GOLDMAN SACHS LENDING PARTNERS LLC and JPMORGAN CHASE BANK, N.A., as Arrangers and Bookrunners (August 17th, 2018)

This AMENDED AND RESTATED CREDIT AGREEMENT (as amended, restated, supplemented, waived, replaced (whether or not upon termination, and whether with the original lenders or otherwise), this Agreement) is entered into as of June 14, 2016, among ZEKELMAN INDUSTRIES, INC. (formerly known as JMC Steel Group, Inc.), a Delaware corporation (the Company or the Borrower), each lender from time to time party hereto (collectively, the Lenders and each, individually, a Lender), GOLDMAN SACHS LENDING PARTNERS LLC (Goldman Sachs) and JPMORGAN CHASE BANK, N.A. (JPMorgan), as Arrangers and Bookrunners, and Goldman Sachs, as Administrative Agent and Collateral Agent (in such capacity, the Agent).

Zekelman Industries, Inc. – REVOLVING CREDIT AND GUARANTY AGREEMENT Dated as of June 8, 2018 Among WHEATLAND TUBE, LLC, as US Borrower 6582125 CANADA INC., as Canadian Borrower ZEKELMAN INDUSTRIES, INC., as Holdings and a Guarantor VARIOUS LENDERS, BANK OF AMERICA, N.A., BANK OF MONTREAL and PNC CAPITAL MARKETS LLC as Joint Lead Arrangers and Joint Bookrunners, and BANK OF AMERICA, N.A., as Administrative Agent and Collateral Agent, and BANK OF MONTREAL and PNC BANK, NATIONAL ASSOCIATION, as Syndication Agents and U.S. BANK NATIONAL ASSOCIATION, as Documentation Agent $400,000,000 Senior Secured Revolving Credit Facility (August 17th, 2018)

This REVOLVING CREDIT AND GUARANTY AGREEMENT, dated as of June 8, 2018, is entered into by and among WHEATLAND TUBE, LLC, a Pennsylvania limited liability company (the US Borrower), 6582125 CANADA INC., a Canadian corporation (the Canadian Borrower and, collectively with the US Borrower, the Borrowers), ZEKELMAN INDUSTRIES, INC., a Delaware corporation (Holdings), as a Guarantor, CERTAIN SUBSIDIARIES OF HOLDINGS, as Guarantors, the Lenders party hereto from time to time, BANK OF AMERICA, N.A. (Bank of America), as Administrative Agent (together with its permitted successors in such capacity, the Administrative Agent) and as Collateral Agent (together with its permitted successors in such capacity, the Collateral Agent).

Ipsco Tubulars Inc – Second Amendment to Credit Agreement (August 16th, 2018)

This SECOND AMENDMENT TO CREDIT AGREEMENT (this Amendment), is dated as of July 16, 2018, by and among (i) IPSCO TUBULARS INC., a Delaware corporation (IPSCO), (ii) TMK IPSCO INTERNATIONAL, L.L.C., a Delaware limited liability company (TMK IPSCO), (iii) IPSCO KOPPEL TUBULARS, L.L.C., a Delaware limited liability company (IPSCO Koppel), (iv) IPSCO TUBULARS (KY), L.L.C., a Delaware limited liability company (IPSCO Kentucky), (v) ULTRA PREMIUM SERVICES, L.L.C., a Delaware limited liability company (ULTRA; and together with IPSCO, TMK IPSCO, IPSCO Koppel, and IPSCO Kentucky, each, individually, a Borrower, and collectively, the Borrowers), (vi) TMK NSG, L.L.C., a Delaware limited liability company (TMK NSG; and together with the Borrowers, each, a Loan Party, and collectively, the Loan Parties), the lenders identified on the signature pages hereof (each of such lenders, together with its successors and permitted assigns, is referred to hereinafter as a Lender), and JPMORGAN CHASE BANK, N.A

KLX Energy Services Holdings, Inc. – Form of Amended and Restated Employment Agreement (August 15th, 2018)

This Amended and Restated Employment Agreement (this Agreement) is entered as of [*], 2018, by and between KLX Energy Services Holdings, Inc., a Delaware corporation (the Company), and Gary J. Roberts (the Executive).

Employment Agreement (August 14th, 2018)

This EMPLOYMENT AGREEMENT ("Agreement") is effective as of the 31st day of July, 2018 (the "Effective Date"), between Williams Industrial Services Group Inc. (the "Company") and Timothy M. Howsman ("Executive"). In consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:

Tenth Supplemental Indenture (August 14th, 2018)

THIS TENTH SUPPLEMENTAL INDENTURE, dated as of August 1, 2018, between ENTERGY LOUISIANA, LLC, a limited liability company of the State of Texas whose post office address is 4809 Jefferson Highway, Jefferson, Louisiana 70121 (hereinafter sometimes called the "Company"), and THE BANK OF NEW YORK MELLON, a New York banking corporation whose principal corporate trust office is located at 240 Greenwich Street, New York, New York 10286 (hereinafter sometimes called the "Trustee"), as Trustee under the Mortgage and Deed of Trust, dated as of November 1, 2015 (hereinafter called the "Original Indenture"), this Indenture (hereinafter called this "Tenth Supplemental Indenture") being supplemental thereto. The Original Indenture and any and all indentures and instruments supplemental thereto are hereinafter sometime collectively called the "Indenture". Subject to any amendments provided for in this Tenth Supplemental Indenture, the terms defined in the Original Indenture shall, for all purposes

Asset Purchase Agreement (August 13th, 2018)

This Asset Purchase Agreement (this "Agreement"), dated as of August 8, 2018, is by and among (i) Virterras Materials US LLC, a Delaware limited liability company ("Buyer"), Sable Polymer Solutions, LLC, an Arkansas limited liability company ("Seller"), (iii) Pioneer Products, LLC, an Arkansas limited liability company ("Pioneer"), (iv) Ecoark Inc., a Delaware corporation ("Ecoark"), and (v) Ecoark Holdings, Inc., a Nevada corporation ("Ecoark Holdings" and together with Pioneer and Ecoark, the "Parent Companies").

Unique Fabricating – Fourth Amendment to Credit Agreement and Loan Documents (August 9th, 2018)

THIS FOURTH AMENDMENT TO CREDIT AGREEMENT AND LOAN DOCUMENTS ("Amendment") is executed as of August 8, 2018, by and between the financial institutions signatory hereto (individually a "Lender," and collectively the "Lenders"), CITIZENS BANK, NATIONAL ASSOCIATION, a national banking association, as Administrative Agent for the Lenders (in such capacity, the "Agent"), UNIQUE FABRICATING NA, INC., a Delaware corporation ("US Borrower"), and UNIQUE-INTASCO CANADA, INC., a corporation organized under the laws of the province of British Columbia ("CA Borrower", called together with US Borrower, the "Borrowers" and each of them referred to herein as a "Borrower").

Astec Industries, Inc. – Agreement (August 9th, 2018)
AMENDMENT #6 TO AMENDED AND RESTATED WALMART MONEYCARD PROGRAM AGREEMENT (2018 Prize Linked Savings Program Extension) (August 9th, 2018)

This AMENDMENT #6 (this "Amendment") to the Amended and Restated Walmart MoneyCard Program Agreement is made as of May 1, 2018 ("Amendment Effective Date") by and among Walmart Inc. (f/k/a Wal-Mart Stores, Inc.), a Delaware corporation, Wal-Mart Stores Texas L.L.C., a Delaware limited liability company, Wal-Mart Louisiana, LLC, a Delaware limited liability company, Wal-Mart Stores Arkansas, LLC, an Arkansas limited liability company, Wal-Mart Stores East, L.P., a Delaware limited partnership and Wal-Mart Puerto Rico, Inc., a Puerto Rico corporation (each of the foregoing entities, individually and collectively, "Retailer"), (2) Green Dot Corporation ("GDC" or "Green Dot"), a Delaware corporation, and (3) Green Dot Bank, a Utah chartered Fed member bank and wholly owned subsidiary of GDC ("Bank"). Each of the foregoing parties is sometimes referred to herein as "Party," and collectively they are referred to as the "Parties."

Windstream Services, Llc – Indenture Dated as of August 2, 2018 (August 8th, 2018)

INDENTURE dated as of August 2, 2018 among Windstream Services, LLC, a Delaware limited liability company, Windstream Finance Corp., a Delaware corporation, the Guarantors (as defined below) listed on the signature pages hereto and Wilmington Trust, National Association, a national banking association organized under the laws of the United States, as Trustee and as Notes Collateral Agent.

Fifteenth Amendment to Third Amended and Restated Credit Agreement (August 8th, 2018)

This FIFTEENTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT (this "Amendment"), dated as of June 19, 2018, is by and among COVENANT TRANSPORT, INC., a Tennessee corporation ("CTI"), CTG LEASING COMPANY, a Nevada corporation ("CTGL"), SOUTHERN REFRIGERATED TRANSPORT, INC., an Arkansas corporation ("SRT"), COVENANT ASSET MANAGEMENT, LLC, a Nevada limited liability company ("CAM"), COVENANT TRANSPORT SOLUTIONS, LLC, a Nevada limited liability company formerly known as Covenant Transport Solutions, Inc. ("CTS"), and STAR TRANSPORTATION, INC., a Tennessee corporation ("Star", and together with CTI, CTGL, SRT, CAM, and CTS, individually an "Existing Borrower" and collectively, "Existing Borrowers"), COVENANT LOGISTICS, INC., a Nevada corporation ("Logistics" or "New Borrower" and together with the Existing Borrowers, the "Borrowers"), COVENANT TRANSPORTATION GROUP, INC., a Nevada corporation and the owner (directly or indirectly) of all of the issued and outstanding capital stock

Windstream Services, Llc – Indenture Dated as of August 2, 2018 (August 8th, 2018)

INDENTURE dated as of August 2, 2018 among Windstream Services, LLC, a Delaware limited liability company, Windstream Finance Corp., a Delaware corporation, the Guarantors (as defined below) listed on the signature pages hereto and Wilmington Trust, National Association, a national banking association organized under the laws of the United States, as Trustee and as Notes Collateral Agent.

Bonanza Creek Energy Inc. – MEMBERSHIP INTEREST PURCHASE AGREEMENT BY AND BETWEEN MISSION CREEK RESOURCES, LLC, as Buyer, and BONANZA CREEK ENERGY OPERATING COMPANY, LLC as the Selling Member Dated August 6, 2018 (August 7th, 2018)

This Membership Interest Purchase Agreement (this "Agreement"), is dated August 6, 2018 (the "Execution Date") by and between Mission Creek Resources, LLC, a Delaware limited liability company ("Buyer"), and Bonanza Creek Energy Operating Company, LLC, a Delaware limited liability company (the "Selling Member"). Buyer and the Selling Member are individually referred to herein as a "Party" or collectively as the "Parties."

MR2 Group, Inc. – Centurylink Master Service Agreement (August 6th, 2018)

This Master Service Agreement ("Agreement") is between CENTURYLINK COMMUNICATIONS, LLC ("CenturyLink") and PRECISION OPINION ("Customer") and is effective on the date the last party signs it (the "Effective Date"). This Agreement provides the terms and conditions applicable to Customer's purchase of products and services ("Service") from CenturyLink.

Murphy – Agreement and Waiver of Rights (August 2nd, 2018)