Arkansas Sample Contracts

Stonemor Partners L.P. – Fifth Amendment to Credit Agreement (June 18th, 2018)

This FIFTH AMENDMENT TO CREDIT AGREEMENT (this "Amendment"), is entered into as of December 22, 2017 but with an effective date as of September 29, 2017 (the "Effective Date"), by and among STONEMOR OPERATING LLC, a Delaware limited liability company (the "Administrative Borrower"), the other Borrowers party hereto, the Lenders party hereto and CAPITAL ONE, NATIONAL ASSOCIATION, as Administrative Agent (in such capacity, the "Administrative Agent").

Stonemor Partners L.P. – Sixth Amendment and Waiver to Credit Agreement (June 18th, 2018)

This SIXTH AMENDMENT AND WAIVER TO CREDIT AGREEMENT (this "Amendment and Waiver"), dated as of June 12, 2018, is entered into by and among STONEMOR OPERATING LLC, a Delaware limited liability company (the "Administrative Borrower"), the other Borrowers party hereto, the Lenders party hereto and CAPITAL ONE, NATIONAL ASSOCIATION, as Administrative Agent (in such capacity, the "Administrative Agent").

USA Compression Partners Lp – USA COMPRESSION PARTNERS, LP 5,000,000 Common Units Representing Limited Partner Interests UNDERWRITING AGREEMENT June 12, 2018 (June 14th, 2018)
Equity Bancshares Inc – AGREEMENT AND PLAN OF MERGER BY AND AMONG EQUITY BANCSHARES, INC., EQUITY BANK, DOCKING BANCSHARES, INC. AND CITY BANK AND TRUST COMPANY Dated as of June 12, 2018 (June 13th, 2018)

This AGREEMENT AND PLAN OF MERGER (this Agreement) is effective as of June 12, 2018, by and among Equity Bancshares, Inc. (EQBK), a Kansas corporation and registered bank holding company under the Bank Holding Company Act of 1956, as amended (the BHCA), Equity Bank (Equity Bank), a Kansas state bank with its principal office in Andover, Kansas, Docking Bancshares, Inc. (Docking), a Kansas corporation and registered bank holding company under the BHCA, and City Bank and Trust Company (the Bank), an Oklahoma state bank with its principal office in Guymon, Oklahoma.

Bloom Energy Corp – Table of Contents (June 12th, 2018)

Diamond State Generation Partners, LLC, a Delaware limited liability company (the Company), agrees with each of the Purchasers as follows:

Release Agreement (June 12th, 2018)

This Release Agreement (the "Agreement"), by and between Internap Corporation (the "Company") and Robert Dennerlein ("You" or "Your") (the Company and You collectively referred to as the "Parties") is entered into and effective as of June 11, 2018 (the "Effective Date").

AdCare Health Systems, Inc. – Non-Competition Agreement (June 12th, 2018)

THIS AGREEMENT is made by and between MiMedx Group, Inc., (the "Company") and Name ("Employee"). In consideration of the employment or continued employment of the Employee and the salary and other remuneration and benefits paid by the Company to the Employee while Employee is employed by the Company, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties, the parties agree:

Underwriting Agreement (June 11th, 2018)
Orion Marine Group – 10b5-1 Option Exercise and Sales Plan This 10b5-1 Option Exercise and Sales Plan Is Entered Into on September 14, 2017 (The "Plan"), Between Peter R. Buchler ("Buchler") and Stephens Inc. (The "Broker"). WHEREAS, Buchler Desires to Establish This Plan for the Purpose of Conducting Cashless Exercises Through Broker of the Options Identified on Schedule a (The "Options") to Purchase Common Stock (The "Common Stock") of Orion Group Holdings, Inc. (The "Company"); And WHEREAS, Buchler Desires to Engage Broker to Effect the Cashless Exercise of the Options in Connection With This Plan. NOW, THEREFO (June 11th, 2018)
Orion Marine Group – 10b5-1 Option Exercise and Sales Plan This 10b5-1 Option Exercise and Sales Plan Is Entered Into on August 11, 2017 (The "Plan"), Between James M. Pearson ("Pearson") and Stephens Inc. (The "Broker"). WHEREAS, Pearson Desires to Establish This Plan for the Purpose of Conducting Cashless Exercises Through Broker of the Options Identified on Schedule a (The "Options") to Purchase Common Stock (The "Common Stock") of Orion Group Holdings, Inc. (The "Company"); And WHEREAS, Pearson Desires to Engage Broker to Effect the Cashless Exercise of the Options in Connection With This Plan. NOW, THEREFORE, (June 11th, 2018)
Business First Bancshares, Inc. – 1,050,000 Shares of Common Stock, Par Value $1.00 Per Share Underwriting Agreement (June 8th, 2018)

Business First Bancshares, Inc., a Louisiana corporation (the "Company"), proposes to issue and sell to the several underwriters listed in Schedule 1 hereto (the "Underwriters"), for whom you are acting as representative (the "Representative"), an aggregate of 1,050,000 shares of common stock, par value $ 1.00 per share, of the Company (the "Underwritten Shares"). In addition, the Company proposes to issue and sell, at the option of the Underwriters, up to an additional 157,500 shares of common stock of the Company (the "Option Shares"). The Underwritten Shares and the Option Shares are herein referred to as the "Shares." The shares of common stock of the Company to be outstanding after giving effect to the sale of the Shares are referred to herein as the "Stock."

[Signature Page to Amendment No. 1] (June 8th, 2018)

JUNIOR LIEN INTERCREDITOR AGREEMENT dated as of [____], 20[_], among JPMORGAN CHASE BANK, N.A. ("JPMorgan"), as First Lien Collateral Agent, U.S. BANK NATIONAL ASSOCIATION, as Initial Other First-Priority Collateral Agent, and [*], as Second Lien Collateral Agent [and Second Lien Trustee].

Unimin Corp – CREDIT AND GUARANTY AGREEMENT Dated as of June 1, 2018 Among COVIA HOLDINGS CORPORATION, as Borrower, CERTAIN SUBSIDIARIES OF COVIA HOLDINGS CORPORATION, as Guarantors, VARIOUS LENDERS, BARCLAYS BANK PLC and BNP PARIBAS SECURITIES CORP., as Joint Lead Arrangers and Joint Bookrunners, BARCLAYS BANK PLC, as Administrative Agent and Collateral Agent, and ABN AMRO CAPITAL USA LLC, HSBC BANK USA, NATIONAL ASSOCIATION, KBC BANK N.V. And PNC BANK, NATIONAL ASSOCIATION as Co-Syndication Agents KEYBANK NATIONAL ASSOCIATION and WELLS FARGO BANK, N.A. As Co-Documentation Agents CITIZENS BANK, N.A. As Man (June 6th, 2018)

This CREDIT AND GUARANTY AGREEMENT, dated as of June 1, 2018, is entered into by and among COVIA HOLDINGS CORPORATION (formerly known as Unimin Corporation), a Delaware corporation (the Borrower), CERTAIN SUBSIDIARIES OF THE BORROWER, as Guarantors, the Lenders party hereto from time to time, BARCLAYS BANK PLC (Barclays), 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), ABN AMRO CAPITAL USA LLC (ABN AMRO), HSBC BANK USA, NATIONAL ASSOCIATION (HSBC), KBC BANK N.V. (KBC) and PNC BANK, NATIONAL ASSOCIATION (PNC), as Co-Syndication Agents (together with their permitted successors in such capacity, the Co-Syndication Agents), KEYBANK NATIONAL ASSOCIATION (Keybank) and WELLS FARGO BANK, N.A. (Wells), as Co-Documentation Agents (together with their permitted successors in such capacity, the Co-Documentation Agents) and CITIZENS BAN

Unimin Corp – Dated as of June 1, 2018 EACH OF THE GRANTORS PARTY HERETO and BARCLAYS BANK PLC, as Collateral Agent PLEDGE AND SECURITY AGREEMENT (June 6th, 2018)

This PLEDGE AND SECURITY AGREEMENT, dated as of June 1, 2018 (as it may be amended, restated, supplemented or otherwise modified from time to time, this Agreement), between Covia Holdings Corporation, a Delaware corporation (the Borrower) and each of the subsidiaries of the Borrower party hereto from time to time, whether as an original signatory hereto or as an Additional Grantor (as herein defined) (each, a Grantor), and Barclays Bank PLC as collateral agent for the Secured Parties (as herein defined) (in such capacity as collateral agent, together with its successors and permitted assigns, the Collateral Agent).

WINDSTREAM HOLDINGS, INC. Up to $18,000,000 Shares of Common Stock ($ 0.0001 Par Value) Equity Distribution Agreement (June 1st, 2018)

Windstream Holdings, Inc., a corporation organized under the laws of Delaware (the "Company"), confirms its agreement (this "Agreement") with Citigroup Global Markets Inc. (the "Manager") as follows:

Francesca's Holdings Corporatio – CREDIT AGREEMENT Dated as of May 25, 2018 Among FRANCESCA'S HOLDINGS CORPORATION and Its Subsidiaries Party Hereto, the Lenders Party Hereto, and JPMORGAN CHASE BANK, N.A., as Administrative Agent JPMORGAN CHASE BANK, N.A., as Sole Bookrunner and Sole Lead Arranger ASSET BASED LENDING (May 30th, 2018)

Page ARTICLE 1 Definitions 1 Section 1.01 Defined Terms 1 Section 1.02 Classification of Loans and Borrowings 36 Section 1.03 Terms Generally 36 Section 1.04 Accounting Terms; GAAP 37 Section 1.05 Status of Obligations 37 ARTICLE 2 The Credits 37 Section 2.01 Commitments 37 Section 2.02 Loans and Borrowings 38 Section 2.03 Requests for Borrowings 39 Section 2.04 Protective Advances 39 Section 2.05 Swingline Loans and Overadvances 40 Section 2.06 Letters of Credit 42 Section 2.07 Funding of Borrowings 48 Section 2.08 Interest Elections 49 Section 2.09 Termination and Reduction of Commitments; Increase in Revolving Commitments 50 Section 2.10 Repayment and Amortization of Loans; Evidence of Debt 52 Section 2.11 Prepayment of Loans 53 Section

Acxiom – Amended and Restated Employment Agreement (May 25th, 2018)

THIS EMPLOYMENT AGREEMENT, originally dated March 27, 2015, (the "Agreement"), and effective as of January 11, 2015, (the "Effective Date"), by and between Acxiom Corporation, a Delaware corporation (the "Company"), and Warren C. Jenson (the "Executive"), is hereby amended and restated as of February 14, 2018 (the "Restatement Date").

CNH Equipment Trust 2018-A – ASSET REPRESENTATIONS REVIEW AGREEMENT CNH EQUIPMENT TRUST 2018-A, as Issuing Entity and NEW HOLLAND CREDIT COMPANY, LLC, as Servicer and CLAYTON FIXED INCOME SERVICES LLC, as Asset Representations Reviewer (May 23rd, 2018)

This ASSET REPRESENTATIONS REVIEW AGREEMENT (this Agreement), entered into as of the 1st day of May 2018, by and among CNH EQUIPMENT TRUST 2018-A, 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).

Settlement Agreement (May 21st, 2018)

This Settlement Agreement and Release (the "Agreement") is by and between xxxxxxxxx ("xxxxxxxxxa"), on the one hand, and AdCare Health Systems, Inc.; Regional Health Properties, Inc.; AdCare Administrative Services, LLC; Woodland Hills HC Nursing, LLC; Woodland Hills HC Property Holdings, LLC; AdCare Operations, LLC; APH&R Nursing LLC d/b/a Cumberland Health and Rehabilitation Center; APH&R Property Holdings, LLC; Little Rock HC&R Nursing LLC d/b/a West Markham Sub Acute and Rehabilitation Center; Little Rock HC&R Property Holdings, LLC; Northridge HC&R Nursing, LLC d/b/a Northridge Healthcare and Rehabilitation; Northridge HC&R Property Holdings, LLC; Coosa Nursing ADK, LLC; xxxxxxxxxxx and AdCare are collectively referred to herein as the "Parties" and each individually as a "Party."

Agree Realty Corporation – AGREE REALTY CORPORATION Shares of Common Stock (Par Value $0.0001 Per Share) EQUITY DISTRIBUTION AGREEMENT (May 18th, 2018)

Page SECTION 1 DESCRIPTION OF SECURITIES 1 SECTION 2 PLACEMENTS 7 SECTION 3 SALE OF SECURITIES 9 SECTION 4 SUSPENSION OF SALES 11 SECTION 5 REPRESENTATIONS AND WARRANTIES 11 SECTION 6 SALE AND DELIVERY; SETTLEMENT 29 SECTION 7 COVENANTS OF THE COMPANY AND THE OPERATING PARTNERSHIP 33 SECTION 8 PAYMENT OF EXPENSES 41 SECTION 9 CONDITIONS OF THE OBLIGATIONS OF THE AGENT, THE FORWARD SELLER AND THE FORWARD PURCHASER 41 SECTION 10 INDEMNIFICATION 44 SECTION 11 CONTRIBUTION 46 SECTION 12 REPRESENTATIONS, WARRANTIES AND AGREEMENTS TO SURVIVE DELIVERY 48 SECTION 13 TERMINATION OF AGREEMEN

Agree Realty Corporation – AGREE REALTY CORPORATION Shares of Common Stock (Par Value $0.0001 Per Share) EQUITY DISTRIBUTION AGREEMENT (May 18th, 2018)

Page SECTION 1 DESCRIPTION OF SECURITIES 1 SECTION 2 PLACEMENTS 4 SECTION 3 SALE OF SECURITIES 6 SECTION 4 SUSPENSION OF SALES 6 SECTION 5 REPRESENTATIONS AND WARRANTIES 6 SECTION 6 SALE AND DELIVERY; SETTLEMENT 23 SECTION 7 COVENANTS OF THE COMPANY AND THE OPERATING PARTNERSHIP 26 SECTION 8 PAYMENT OF EXPENSES 33 SECTION 9 CONDITIONS OF THE OBLIGATIONS OF THE MANAGER 34 SECTION 10 INDEMNIFICATION 36 SECTION 11 CONTRIBUTION 38 SECTION 12 REPRESENTATIONS, WARRANTIES AND AGREEMENTS TO SURVIVE DELIVERY 40 SECTION 13 TERMINATION OF AGREEMENT 40 SECTION 14

CNH Equipment Trust 2018-A – ASSET REPRESENTATIONS REVIEW AGREEMENT CNH EQUIPMENT TRUST 2018-A, as Issuing Entity and NEW HOLLAND CREDIT COMPANY, LLC, as Servicer and CLAYTON FIXED INCOME SERVICES LLC, as Asset Representations Reviewer (May 18th, 2018)

This ASSET REPRESENTATIONS REVIEW AGREEMENT (this Agreement), entered into as of the 1st day of May 2018, by and among CNH EQUIPMENT TRUST 2018-A, 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).

Smart Sand, Inc. – ASSET PURCHASE AGREEMENT by and Among (May 18th, 2018)

This Asset Purchase Agreement (this "Agreement"), dated as of May 8, 2018, is entered into by and among Quickthree Solutions Inc., a corporation existing under the laws of the Province of Saskatchewan ("Seller"), Quickthree Technology, LLC, a limited liability company existing under the laws of the State of Delaware ("Buyer"), certain shareholders of Seller who are listed on Schedule I attached hereto (the "Restricted Shareholders"), certain shareholders of Seller who are listed on Schedule II attached hereto (the "Majority Shareholders") and, solely with respect to Section 10.14, Smart Sand Inc., a corporation existing under the laws of the State of Delaware ("Parent").

Charah Solutions, Inc. – Amended and Restated Employment Agreement (May 18th, 2018)
Separation Agreement and General Release (May 17th, 2018)

This Separation Agreement and General Release (the "Separation Agreement"), dated May 11, 2018 (the "Effective Date"), confirms the following understandings and agreements between Ecoark Holdings, Inc., a Nevada corporation and its subsidiaries, divisions, affiliates, partnerships, joint ventures, and related business entities, and with respect to each of them, their predecessors, successors and assigns, employee benefit plans or funds, and with respect to each such entity (the "Company"), all of its or their past, present and/or future directors, partners, shareholders, members, managers, officers, attorneys, fiduciaries, agents, trustees, administrators, employees, consultants, and assigns, whether acting on behalf of the Company or in their individual capacities (collectively the "Group") on the one hand, and Jay Puchir ("you", "your" or the "Employee") on the other hand; each a "Party" and together the "Parties".

American Midstreampartners Lp – MEMBERSHIP INTEREST PURCHASE AGREEMENT Dated as of February 16, 2018 by and Between AMID MERGER LP, as the Seller and DKGP ENERGY TERMINALS LLC, as the Buyer (May 15th, 2018)

THIS MEMBERSHIP INTEREST PURCHASE AGREEMENT (including the Exhibits and Schedules (as defined below) attached hereto, this "Agreement") is made as of February 16, 2018 by and among AMID Merger LP, a Delaware limited partnership (the "Seller"), and DKGP Energy Terminals LLC, a Delaware limited liability company (the "Buyer"). The Seller and the Buyer are sometimes referred to herein individually as a "Party" and collectively as the "Parties."

EZCorp, Inc. 2.375% Convertible Senior Notes Due 2025 PURCHASE AGREEMENT May 9, 2018 (May 15th, 2018)

The Securities will be issued pursuant to the provisions of an indenture, to be dated as of May 14, 2018 (the "Indenture"), among the Company and Wells Fargo Bank, N.A., as trustee (the "Trustee").

Smart Sand, Inc. – ASSET PURCHASE AGREEMENT by and Among (May 14th, 2018)

This Asset Purchase Agreement (this "Agreement"), dated as of May 8, 2018, is entered into by and among Quickthree Solutions Inc., a corporation existing under the laws of the Province of Saskatchewan ("Seller"), Quickthree Technology, LLC, a limited liability company existing under the laws of the State of Delaware ("Buyer"), certain shareholders of Seller who are listed on Schedule I attached hereto (the "Restricted Shareholders"), certain shareholders of Seller who are listed on Schedule II attached hereto (the "Majority Shareholders") and, solely with respect to Section 10.14, Smart Sand Inc., a corporation existing under the laws of the State of Delaware ("Parent").

Second Supplemental Indenture (May 11th, 2018)

This Second Supplemental Indenture (this Supplemental Indenture), dated as of May 10, 2018, among McDermott Technology (Americas), Inc. (Survivor Corp. 1), McDermott Technology (US), Inc. (Survivor Corp. 2 and together with Survivor Corp. 1, the Post-Merger Co-Issuers), as the Issuers, each of the Guarantors listed on the signature pages hereto (collectively, the Guaranteeing Subsidiaries), and Wells Fargo Bank, National Association, a national banking association, as trustee (the Trustee).

PEARLMAN LAW GROUP LLP Attorneys-At-Law (May 11th, 2018)

We have acted as securities counsel for Inuvo, Inc., a Nevada corporation (the "Company"), in connection with the preparation and filing with the Securities and Exchange Commission (the "Commission") of a Prospectus Supplement, dated May 11, 2018 2018 (the "Prospectus Supplement"), to a Registration Statement (File No. 333-220317) on Form S-3 (the "Registration Statement"), filed by the Company with the Commission under the Securities Act of 1933, as amended (the "Securities Act"). The Prospectus Supplement relates to the sale of an aggregate of 3,289,000 shares (the "Shares") of the Company's common stock, $0.001 par value per share (the "Common Stock"), including shares of Common Stock issuable upon the exercise of an over-allotment option granted to Roth Capital Partners, LLC (the "Underwriter") pursuant to an Underwriting Agreement, dated May 11, 2018, by and between the Company and the Underwriter (the "Underwriting Agreement"). The Underwriting Agreement will be filed as an exhib

Eightieth Supplemental Indenture (May 11th, 2018)

INDENTURE, dated as of May 1, 2018, between ENTERGY ARKANSAS, INC., a corporation of the State of Arkansas, whose post office address is 425 West Capitol, Little Rock, Arkansas 72201 (hereinafter sometimes called the "Company"), and DEUTSCHE BANK TRUST COMPANY AMERICAS (successor to Guaranty Trust Company of New York), a New York banking corporation, whose post office address is 60 Wall Street, 16th Floor, New York, New York 10005 (hereinafter sometimes called the "Corporate Trustee"), and (as to property, real or personal, situated or being in Missouri) THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION (successor to Marvin A. Mueller), whose mailing address is 10161 Centurion Parkway, Jacksonville, Florida 32256 (said The Bank of New York Mellon Trust Company, National Association being hereinafter sometimes called the "Missouri Co-Trustee" and the Corporate Trustee and the Missouri Co-Trustee being hereinafter together sometimes called the "Trustees") as Trustees under

Amendment No. 5 to Amended and Restated Walmart Moneycard Program Agreement (May 10th, 2018)

This Amendment No. 5 to the Amended and Restated Walmart MoneyCard Program Agreement ("Amendment") is made as of March 8, 2018 ("Amendment Effective Date") by and among Walmart Inc. (f/k/a Wal-Mart Stores, Inc.), a Delaware corporation, Wal-Mart Stores Texas LLC, 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, LP, 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."

Endocyte – Fourth Amendment to Office Lease (May 9th, 2018)

THIS FOURTH AMENDMENT TO OFFICE LEASE (this "Amendment") is made and entered into as of the 26th day of January, 2018, by and between TEMPUS ONE COLLEGE PARK LLC, an Arkansas limited liability company ("Landlord"), as successor in interest to ZELLER MANAGEMENT CORPORATION, as agent for Owner ("Original Landlord"), and ENDOCYTE, INC. ("Tenant").

Total System Services, Inc. [Name of Awardee] Performance Share Agreement (May 8th, 2018)

Total System Services, Inc. ("Company") confirms that on __, 20__, the Compensation Committee of the Board of Directors of Total System Services, Inc. (the "Committee") approved, effective ____ 20__ (the "Grant Date"), an award of performance shares ("Performance Shares") with an initial economic value equal to ____ Dollars ($___) (such initial economic value being the "20__-20__ Performance Opportunity"). The number of Performance Shares initially granted pursuant to this Performance Share Agreement will be determined by dividing the 20__-20__ Performance Opportunity by the closing price of the Company's Shares on the New York Stock Exchange on the Grant Date (your "Initial Performance Shares"). Your Initial Performance Shares may be adjusted based on the specified performance measures for the period 20__-20__ pursuant to the provisions of Section 1 below. The number of Performance Shares that you become entitled to receive will vest in accordance with the provisions of Section 2 (

2018 Performance Unit Award Agreement Under the W. R. Berkley Corporation 2014 Long-Term Incentive Plan (May 7th, 2018)

This 2018 Performance Unit Award Agreement (this "Agreement"), effective January 1, 2018, represents an Award of Performance Units by W. R. Berkley Corporation (the "Company"), to the Participant named below, pursuant to the provisions of the W. R. Berkley Corporation 2014 Long-Term Incentive Plan (the "Plan"). The value of the Performance Units will be determined based on the increase in the Company's Book Value Per Share during the Performance Period, as determined below.