Arkansas Sample Contracts

Health Insurance Innovations I – Regulatory Settlement Agreement (December 13th, 2018)

This REGULATORY SETTLEMENT AGREEMENT (the "Agreement") is entered into this 12th day of December, 2018 by and among (i) Health Insurance Innovations, Inc and Health Plan Intermediaries Holdings, LLC (collectively "Company"); (ii) the Florida Department of Financial Services ("FDFS"); (iii) the Indiana Department of Insurance ("IDOI"); (iv) the Kansas Insurance Department ("KID"); (v) the Office of the Montana State Auditor, Commissioner of Securities and Insurance ("MCSI"); (vi) the Utah Insurance Department ("UID") (FDFS, IDOI, KID, MCSI and UID collectively referred to herein as the "Lead States"); and (vii) the insurance-related regulatory bodies of such other jurisdictions choosing to adopt, agree to and approve this Agreement pursuant to the terms hereof (the "Subscribing Jurisdictions") (Subscribing Jurisdictions and Lead States collectively referred to herein as the "Settling Jurisdictions") (the Settling Jurisdictions and Company are collectively referred to herein as the "Part

Entergy Mississippi, Inc. – (Formerly the Bank of New York) (Successor to Harris Trust Company of New York and Bank of Montreal Trust Company) as Trustee Under Entergy Mississippi, LLC's Mortgage and Deed of Trust, Dated as of February 1, 1988 THIRTY-SEVENTH SUPPLEMENTAL INDENTURE Providing Among Other Things for First Mortgage Bonds, 4.52% Series Due December 1, 2038 Dated as of December 5, 2018 Prepared by Wise Carter Child & Caraway, Professional Association P.O. Box 651 Jackson, Mississippi 39205 (601) 968-5500 (December 12th, 2018)

THIRTY-SEVENTH SUPPLEMENTAL INDENTURE, dated as of December 5, 2018, between ENTERGY MISSISSIPPI, LLC, a limited liability company of the State of Texas (formerly Entergy Mississippi Power and Light, LLC and hereinafter sometimes called the "Company"), as successor to Entergy Mississippi, Inc., formerly Mississippi Power & Light Company, a corporation of the State of Mississippi which changed its state of incorporation from the State of Mississippi to the State of Texas by domesticating and converting into a Texas corporation on November 19, 2018 (hereinafter sometimes called the "Original Company"), whose post office address is P.O. Box 1640, Jackson, Mississippi 39215-1640 (tel. 504-576-4363) (the "Company") and THE BANK OF NEW YORK MELLON (successor to Harris Trust Company of New York), a New York banking corporation, whose principal corporate trust office is located at 240 Greenwich Street, 7E, New York, New York 10286 (tel. 904-998-4724), as Trustee under the Mortgage and Deed of

Citigroup Commercial Mortgage Trust 2018-C6 – CITIGROUP COMMERCIAL MORTGAGE SECURITIES INC., PURCHASER, LADDER CAPITAL FINANCE LLC, SELLER, LADDER CAPITAL FINANCE HOLDINGS LLLP, SERIES REIT OF LADDER CAPITAL FINANCE HOLDINGS LLLP, and SERIES TRS OF LADDER CAPITAL FINANCE HOLDINGS LLLP MORTGAGE LOAN PURCHASE AGREEMENT Dated as of December 1, 2018 Citigroup Commercial Mortgage Trust 2018-C6 Commercial Mortgage Pass-Through Certificates, Series 2018-C6 (December 11th, 2018)

This Mortgage Loan Purchase Agreement ("Agreement"), dated as of December 1, 2018, is between Citigroup Commercial Mortgage Securities Inc., a Delaware corporation, as purchaser (the "Purchaser"), Ladder Capital Finance LLC, a Delaware limited liability company, as seller (the "Seller"), Ladder Capital Finance Holdings LLLP ("LCFH"), Series REIT of Ladder Capital Finance Holdings LLLP ("LC REIT") and Series TRS of Ladder Capital Finance Holdings LLLP ("LC TRS" and, collectively with LCFH and LC REIT, the "LC Guarantors").

Industrea Acquisition Corp. – CREDIT AGREEMENT by and Among WELLS FARGO BANK, NATIONAL ASSOCIATION, as Agent, Sole Lead Arranger and Sole Bookrunner THE LENDERS THAT ARE PARTIES HERETO as the Lenders, Wells Fargo Capital Finance (Uk) Limited, as UK Security Agent, (December 10th, 2018)

THIS CREDIT AGREEMENT (this "Agreement"), is entered into as of December 6, 2018, by and among 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", as that term is hereinafter further defined), WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as administrative agent for each member of the Lender Group and the Bank Product Providers (in such capacity, together with its successors and assigns in such capacity, "Agent") and as sole lead arranger and sole bookrunner (the "Lead Arranger"), WELLS FARGO CAPITAL FINANCE (UK) LIMITED, a private limited company incorporated and registered under the laws of England a Wales with company numbers 02656007, as security agent and trustee for the Secured Parties (as defined below) (in such capacity, together with its successors and assigns in such capacity, "UK Security Agent") CONCRETE PUMPING HOLDINGS ACQUISITION

America's Car-Mart, Inc. – Colonial Revolver Note (December 7th, 2018)

COLONIAL AUTO FINANCE, INC., an Arkansas corporation ("Borrower"), for value received, hereby unconditionally promise to pay to the order of COMMERCE BANK ("Lender"), the principal sum of NINETEEN MILLION TWO HUNDRED THOUSAND DOLLARS ($19,200,000), or such lesser amount as may be advanced by Lender as Colonial Revolver Loans and owing as LC Obligations from time to time under the Loan Agreement described below, together with all accrued and unpaid interest thereon. Terms are used herein as defined in the Second Amended and Restated Loan and Security Agreement dated as of December 12, 2016, among Borrower, America's Car Mart, Inc., an Arkansas corporation, Texas Car-Mart, Inc., a Texas corporation, America's Car-Mart, Inc., a Texas corporation, Bank of America, N.A., as Agent, Lead Arranger and Book Manager, Lender, and certain other financial institutions, as such agreement may be amended, modified, renewed or extended from time to time (the "Loan Agreement").

America's Car-Mart, Inc. – Colonial Revolver Note (December 7th, 2018)

COLONIAL AUTO FINANCE, INC., an Arkansas corporation ("Borrower"), for value received, hereby unconditionally promise to pay to the order of ARVEST BANK ("Lender"), the principal sum of TWENTY-FOUR MILLION FIFTY THOUSAND DOLLARS ($24,050,000), or such lesser amount as may be advanced by Lender as Colonial Revolver Loans and owing as LC Obligations from time to time under the Loan Agreement described below, together with all accrued and unpaid interest thereon. Terms are used herein as defined in the Second Amended and Restated Loan and Security Agreement dated as of December 12, 2016, among Borrower, America's Car Mart, Inc., an Arkansas corporation, Texas Car-Mart, Inc., a Texas corporation, America's Car-Mart, Inc., a Texas corporation, Bank of America, N.A., as Agent, Lead Arranger and Book Manager, Lender, and certain other financial institutions, as such agreement may be amended, modified, renewed or extended from time to time (the "Loan Agreement").

America's Car-Mart, Inc. – Colonial Revolver Note (December 7th, 2018)

COLONIAL AUTO FINANCE, INC., an Arkansas corporation ("Borrower"), for value received, hereby unconditionally promise to pay to the order of FIRST TENNESSEE BANK, NATIONAL ASSOCIATION ("Lender"), the principal sum of TWENTY-EIGHT MILLION SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($28,750,000), or such lesser amount as may be advanced by Lender as Colonial Revolver Loans and owing as LC Obligations from time to time under the Loan Agreement described below, together with all accrued and unpaid interest thereon. Terms are used herein as defined in the Second Amended and Restated Loan and Security Agreement dated as of December 12, 2016, among Borrower, America's Car Mart, Inc., an Arkansas corporation, Texas Car-Mart, Inc., a Texas corporation, America's Car-Mart, Inc., a Texas corporation, Bank of America, N.A., as Agent, Lead Arranger and Book Manager, Lender, and certain other financial institutions, as such agreement may be amended, modified, renewed or extended from time to time (the "Lo

America's Car-Mart, Inc. – Amendment No. 2 to Second Amended and Restated Loan and Security Agreement (December 7th, 2018)

This AMENDMENT NO. 2 TO SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT ("Amendment") is dated as of December 3, 2018 and is entered into by and among AMERICA'S CAR-MART, INC., a Texas corporation ("Parent"), COLONIAL AUTO FINANCE, INC., an Arkansas corporation ("Colonial"), AMERICA'S CAR MART, INC., an Arkansas corporation ("ACM"), TEXAS CAR-MART, INC., a Texas corporation ("TCM")(each of Colonial, ACM and TCM, a "Borrower", and collectively, "Borrowers"), the financial institutions party to the Loan Agreement (as hereinafter defined) as lenders (collectively, "Lenders"), BANK OF AMERICA, N.A., as agent for the Lenders (in such capacity, "Agent"), lead arranger and book manager for the Lenders. All capitalized terms used herein but not otherwise defined shall have the meanings ascribed to them in the Loan Agreement (as hereinafter defined).

Contract (December 6th, 2018)
Contract (December 6th, 2018)
Borrower Assumption Agreement (December 3rd, 2018)

This Borrower Assumption Agreement (this "Borrower Assumption Agreement") is dated as of November 30, 2018 and is entered into by and among ENTERGY ARKANSAS, INC., a Texas corporation (the "Predecessor"), and ENTERGY ARKANSAS POWER, LLC, a Texas limited liability company (the "Successor"). Capitalized terms used but not defined herein shall have the meanings given to them in the Second Amended and Restated Credit Agreement, dated as of September 14, 2018 (as amended, restated, amended and restated, supplemented or otherwise modified, the "Credit Agreement"), among Entergy Arkansas, Inc., the Lenders and LC Issuing Banks parties thereto and Citibank, N.A., as the Administrative Agent.

Eighty-First Supplemental Indenture (December 3rd, 2018)

INDENTURE, dated as of November 30, 2018, between ENTERGY ARKANSAS POWER, LLC, a limited liability company of the State of Texas (to be renamed Entergy Arkansas, LLC and hereinafter sometimes called the "Company"), as successor to Entergy Arkansas, Inc., a corporation of the State of Arkansas converted to a corporation of the State of Texas on November 19, 2018 (hereinafter sometimes called the "Original Company"), whose post office address is 425 West Capitol, Little Rock, Arkansas 72201, 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 322

Plan of Merger of Entergy Arkansas, Inc. And Entergy Arkansas Power, Llc (December 3rd, 2018)

This Plan of Merger (this "Plan") is entered into on November 26, 2018 by and between Entergy Arkansas, Inc., a Texas corporation ("EAI"), and Entergy Arkansas Power, LLC, a Texas limited liability company ("EAP"), with respect to the merger contemplated herein (the "Merger") and certifies and sets forth the following:

AMENDED and RESTATED COMPANY AGREEMENT Of (December 3rd, 2018)
Amended and Restated Bylaws of Entergy Utility Property, Inc. (December 3rd, 2018)
Entergy Mississippi, Inc. – Plan of Merger of Entergy Mississippi, Inc. And Entergy Mississippi Power and Light, Llc (December 3rd, 2018)

This Plan of Merger (this "Plan") is entered into November 26, 2018 by and between Entergy Mississippi, Inc., a Texas corporation ("EMI"), and Entergy Mississippi Power and Light, LLC, a Texas limited liability company ("EMP"), with respect to the merger contemplated herein (the "Merger") and certifies and sets forth the following:

Entergy Mississippi, Inc. – (Formerly the Bank of New York) (Successor to Harris Trust Company of New York and Bank of Montreal Trust Company) as Trustee Under Entergy Mississippi, Inc.'s Mortgage and Deed of Trust, Dated as of February 1, 1988 THIRTY-SIXTH SUPPLEMENTAL INDENTURE (December 3rd, 2018)
364-Day TERM LOAN AGREEMENT Dated as of November 29, 2018 Among TYSON FOODS, INC., as Borrower the Lenders From Time to Time Party Hereto, and MORGAN STANLEY SENIOR FUNDING, INC., as Administrative Agent MORGAN STANLEY SENIOR FUNDING, INC., as Sole Lead Arranger and Sole Bookrunner BANK OF AMERICA, N.A., BARCLAYS BANK PLC, and ROYAL BANK OF CANADA, as Documentation Agents (November 30th, 2018)

364-DAY TERM LOAN AGREEMENT, dated as of November 29, 2018 (as it may be amended or modified from time to time, this "Agreement"), among TYSON FOODS, INC., a Delaware corporation (the "Borrower"), the Lenders (as defined below) from time to time party hereto, and MORGAN STANLEY SENIOR FUNDING, INC., as Administrative Agent (as defined below).

Home BancShares, Inc. – FORM OF SUBORDINATED DEBENTURE HOME BANCSHARES, INC., an Arkansas Corporation, as Issuer and as Trustee SUBORDINATED INDENTURE Dated as of , 20 Subordinated Debt Securities (November 30th, 2018)

SUBORDINATED INDENTURE, dated as of , (the Indenture), among HOME BANCSHARES, INC., a corporation duly organized and existing under the laws of the State of Arkansas (the Company), having its principal office at 719 Harkrider, Suite 100, Conway, Arkansas 72032, and (the Trustee).

Altice USA, Inc. – Contract (November 28th, 2018)

JOINDER AGREEMENT, dated as of November 27, 2018, made by each of the entities set forth on Schedule 1 (each an Additional Guarantor and collectively, the Additional Guarantors), in favor of (a) JPMorgan Chase Bank, N.A., as administrative agent (together with any successor and assign, the Administrative Agent) for its own benefit and the benefit of the other Secured Parties, (b) the Secured Parties and (c) the Security Agent (on behalf of and for the benefit of the Administrative Agent and the other Secured Parties, but solely in its role as representative of the Secured Parties in holding and enforcing the Collateral and the Security Documents). Capitalized terms used herein and not defined herein shall have the meanings assigned to such terms in the Credit Agreement (as defined below).

Altice USA, Inc. – Contract (November 28th, 2018)

PLEDGE AGREEMENT JOINDER, dated as of November 27, 2018, made by each of the entities set forth on Schedule 1 (each an Additional Pledgor and collectively, the Additional Pledgors), in favor of JPMorgan Chase Bank, N.A., as Security Agent for the benefit of the Secured Parties. Capitalized terms used herein and not defined herein shall have the meanings assigned to such terms in the Pledge Agreement (as defined below).

AquaBounty Technologies, Inc. – Executive Employment Agreement (November 28th, 2018)

THIS EXECUTIVE EMPLOYMENT AGREEMENT (the "AGREEMENT") is made and entered into as of November 27, 2018 (the "EXECUTION DATE"), by and between AQUABOUNTY TECHNOLOGIES, INC., a Delaware corporation (the "COMPANY"), and SYLVIA WULF, an individual and resident of the state of Arkansas (the "EXECUTIVE"). The Company and the Executive are at times herein referred to individually as a "PARTY" and collectively as the "PARTIES."

AMENDED AND RESTATED CREDIT AGREEMENT Dated as of November 21, 2018 Among DUCOMMUN INCORPORATED, as Borrower, THE SUBSIDIARIES OF THE BORROWER PARTY HERETO, as Guarantors, BANK OF AMERICA, N.A., as Administrative Agent, Swingline Lender and an L/C Issuer, SUNTRUST BANK and ROYAL BANK OF CANADA, as Co-Syndication Agents, and THE LENDERS PARTY HERETO BANK OF AMERICA, N.A., SUNTRUST ROBINSON HUMPHREY, INC., and RBC CAPITAL MARKETS,1 as Joint Lead Arrangers and Joint Bookrunners (November 26th, 2018)
Entergy Mississippi, Inc. – (Formerly the Bank of New York) (Successor to Harris Trust Company of New York and Bank of Montreal Trust Company) as Trustee Under Entergy Mississippi, Inc.'s Mortgage and Deed of Trust, Dated as of February 1, 1988 THIRTY-FIFTH SUPPLEMENTAL INDENTURE (November 21st, 2018)
Bylaws of Entergy Arkansas, Inc. (November 20th, 2018)
MP Acquisition I Corp. – Contract (November 16th, 2018)
MP Acquisition I Corp. – Contract (November 16th, 2018)
MP Acquisition I Corp. – Contract (November 16th, 2018)
MP Acquisition I Corp. – Contract (November 16th, 2018)
MP Acquisition I Corp. – Contract (November 16th, 2018)
Simmons First National Corporation – Support and Non-Competition Agreement (November 13th, 2018)

This SUPPORT AND NON-COMPETITION AGREEMENT, dated as of November 13, 2018 (this "Agreement"), by and among Simmons First National Corporation ("Simmons"), an Arkansas corporation, Reliance Bancshares, Inc. ("Reliance"), a Missouri corporation, and the undersigned shareholder [and director and/or executive officer] (the "Individual") of Reliance.

Simmons First National Corporation – AGREEMENT AND PLAN OF MERGER BY AND BETWEEN SIMMONS FIRST NATIONAL CORPORATION AND RELIANCE BANCSHARES, INC. Dated as of November 13, 2018 (November 13th, 2018)

ARTICLE 1 TRANSACTIONS AND TERMS OF MERGER 5 1.1. Merger. 5 1.2. Time and Place of Closing. 5 1.3. Effective Time. 6 1.4. Charter. 6 1.5. Bylaws. 6 1.6. Directors and Officers. 6 1.7. Bank Merger. 6 ARTICLE 2 MANNER OF CONVERTING SHARES 7 2.1. Conversion of Shares. 7 2.2. Anti-Dilution Provisions. 7 2.3. Treatment of Reliance Equity Rights. 8 2.4. Treatment of Reliance Savings Plan. 8 2.5. Shares Held by Reliance or Simmons. 8 2.6. Fractional Shares. 9 2.7. Treatment of Series A Preferred Stock. 9 2.8. Treatment of Series B Preferred Stock. 9 2.9. Treatment of Series C Preferred Stock. 9 2.10. Pricing Adjustments. 10 2.11. Definitions. 10 ARTICLE 3 EXCHANGE OF SHARES 12 3.1. Exchange Procedures. 12 3.2. Dissenting Shareholders. 15 ARTICLE 4 RE

Blackstone Real Estate Income Trust, Inc. – Distribution Reinvestment Plan (November 13th, 2018)

This Distribution Reinvestment Plan (the "Plan") is adopted by Blackstone Real Estate Income Trust, Inc. (the "Company") pursuant to its Articles of Amendment and Restatement (as amended, restated or otherwise modified from time to time, the "Charter"). Unless otherwise defined herein, capitalized terms shall have the same meaning as set forth in the Charter.

EXECUTIVE SEVERANCE PLAN OF TYSON FOODS, INC. (Effective October 15, 2018) (November 13th, 2018)
MEDNAX, INC. TO U.S. BANK NATIONAL ASSOCIATION, as Trustee GUARANTEED TO THE EXTENT SET FORTH HEREIN BY THE GUARANTORS NAMED HEREIN FIFTH SUPPLEMENTAL INDENTURE Dated as of November 13, 2018 to the INDENTURE Dated as of December 8, 2015 6.250% SENIOR NOTES DUE 2027 (November 13th, 2018)