Colorado Sample Contracts

U.S. Silica Holdings Inc. – Performance Share Unit Agreement Pursuant to the Amended and Restated U.S. Silica Holdings, Inc. 2011 Incentive Compensation Plan (April 24th, 2018)

THIS PERFORMANCE SHARE UNIT AWARD AGREEMENT (this "Agreement"), dated as of the Grant Date specified above, is entered into by and between U.S. Silica Holdings, Inc., a corporation organized in the State of Delaware (the "Company"), and the Participant specified above, pursuant to the Amended and Restated U.S. Silica Holdings, Inc. 2011 Incentive Compensation Plan, as in effect and as amended from time to time (the "Plan"), which is administered by the Committee; and

U.S. Silica Holdings Inc. – Restricted Stock Unit Agreement Pursuant to the Amended and Restated U.S. Silica Holdings, Inc. 2011 Incentive Compensation Plan (April 24th, 2018)

THIS RESTRICTED STOCK UNIT AWARD AGREEMENT (this "Agreement"), dated as of the Grant Date specified above, is entered into by and between U.S. Silica Holdings, Inc., a corporation organized in the State of Delaware (the "Company"), and the Participant specified above, pursuant to the Amended and Restated U.S. Silica Holdings, Inc. 2011 Incentive Compensation Plan, as in effect and as amended from time to time (the "Plan"), which is administered by the Committee; and

Amended and Restated Syndicated Facility Agreement (April 24th, 2018)

THIS AMENDED AND RESTATED SYNDICATED FACILITY AGREEMENT, is dated as of March 30, 2015 and amended and restated as of February 28, 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), BANK OF AMERICA, N.A., 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"), BANK OF AMERICA, N.A., as Australian security trustee (in such capacity, together with its successors and assigns in such capacity, "Australian Security Trustee"), CLEVELAND-CLIFFS INC., an Ohio corporation ("Parent"), and the Subsidiaries of Parent identified on the signature pages hereof (such Subsidiaries, together with Parent, are referred to hereinafter each individually as a "Borrower", and individually and collectively as

U.S. Silica Holdings Inc. – Restricted Stock Agreement Pursuant to the Amended and Restated U.S. Silica Holdings, Inc. 2011 Incentive Compensation Plan (April 24th, 2018)

THIS RESTRICTED STOCK AWARD AGREEMENT (this "Agreement"), dated as of the Grant Date specified above, is entered into by and between U.S. Silica Holdings, Inc., a corporation organized in the State of Delaware (the "Company"), and the Participant specified above, pursuant to the Amended and Restated U.S. Silica Holdings, Inc. 2011 Incentive Compensation Plan, as in effect and as amended from time to time (the "Plan"), which is administered by the Committee; and

Cross Guarantee Agreement (April 24th, 2018)

This CROSS GUARANTEE AGREEMENT is dated as of November 26, 2014 (as amended, restated, supplemented or otherwise modified from time to time, this "Agreement"), by each of the signatories listed on the signature pages hereto and each of the other entities that becomes a party hereto pursuant to Section 19 (the "Guarantors" and individually, a "Guarantor"), for the benefit of the Guaranteed Parties (as defined below).

U.S. Silica Holdings Inc. – Restricted Stock Agreement Pursuant to the Amended and Restated U.S. Silica Holdings, Inc. 2011 Incentive Compensation Plan (April 24th, 2018)

THIS RESTRICTED STOCK AWARD AGREEMENT (this "Agreement"), dated as of the Grant Date specified above, is entered into by and between U.S. Silica Holdings, Inc., a corporation organized in the State of Delaware (the "Company"), and the Participant specified above, pursuant to the Amended and Restated U.S. Silica Holdings, Inc. 2011 Incentive Compensation Plan, as in effect and as amended from time to time (the "Plan"), which is administered by the Committee; and

Quantech Electronics Corp – Agreement (April 23rd, 2018)

EMPLOYMENT AGREEMENT (this "Agreement") dated effective as of April 16, 2018 (the "Effective Date"), between EVIO, Inc., an Colorado corporation (the "Company"), and David Kane ("Employee").

Sunoco Logistics Partners Lp – Representing Limited Partner Interests UNDERWRITING AGREEMENT (April 23rd, 2018)
WideOpenWest, Inc. – WideOpenWest, Inc. 7887 East Belleview Avenue, Suite 1000 Englewood, Colorado 80111 April 6, 2018 (April 23rd, 2018)

The purpose of this letter is to formalize the terms and conditions of your employment, and your employment relationship, with WideOpenWest, Inc. (WOW and together with its subsidiaries, the Company). Your execution of this letter (this Agreement), which will be deemed effective as of the date of this letter, will represent your acceptance of all of the terms set forth below. We are pleased to present this offer to you for your consideration.

Coresite Realty Corp. – First Amendment to Amended and Restated Term Loan Agreement and Other Loan Documents (April 20th, 2018)

THIS AMENDED AND RESTATED TERM LOAN AGREEMENT is made as of the 19th day of April, 2017, by and among CORESITE, L.P., a Delaware limited partnership (Borrower), ROYAL BANK OF CANADA (RBC), the other lending institutions which are parties to this Agreement as Lenders, and the other lending institutions that may become parties hereto pursuant to SS 18, and ROYAL BANK OF CANADA, as Administrative Agent for the Lenders (the Agent), with REGIONS BANK as Syndication Agent, and RBC CAPITAL MARKETS, REGIONS CAPITAL MARKETS, TD SECURITIES (USA) LLC and WELLS FARGO SECURITIES, LLC, as Joint Lead Arrangers and Joint Book Managers.

Cco Holdings Llc – Cross-Reference Table* (April 20th, 2018)

NINTH SUPPLEMENTAL INDENTURE dated as of April 17, 2018 (the Supplemental Indenture) among Charter Communications Operating, LLC, a Delaware limited liability company (and any successor Person thereto, CCO), Charter Communications Operating Capital Corp., a Delaware corporation (Capital Corp and, together with CCO, the Issuers), CCO Holdings, LLC, a Delaware limited liability company (CCO Holdings), the subsidiary guarantors party hereto (together with CCO Holdings, the Note Guarantors) and The Bank of New York Mellon Trust Company, N.A., as trustee (and together with its successors in such capacity, the Trustee) and as Collateral Agent (and together with its successors in such capacity, the Collateral Agent).

Primero Mining Corp – Asset Purchase Agreement -Between- McEwen Mining Inc. -And- Primero Mining Corp. ___________________________________ August 25, 2017 (April 20th, 2018)

AND WHEREAS Primero desires to sell and assign or transfer, and McEwen desires to purchase and assume, the Purchased Assets and the Assumed Liabilities (as defined herein) upon and subject to the terms and conditions set out in this Agreement;

Coresite Realty Corp. – FOURTH AMENDED AND RESTATED CREDIT AGREEMENT DATED AS OF APRIL 19, 2018 by and Among CORESITE, L.P., AS PARENT BORROWER, CORESITE REAL ESTATE 70 INNERBELT, L.L.C., CORESITE REAL ESTATE 900 N. ALAMEDA, L.P., CORESITE REAL ESTATE 2901 CORONADO, L.P., CORESITE REAL ESTATE 1656 McCarthy, L.P., CORESITE REAL ESTATE 427 S. LASALLE, L.L.C., CORESITE REAL ESTATE 2972 STENDER, L.P., CORESITE REAL ESTATE 12100 SUNRISE VALLEY DRIVE L.L.C., CORESITE REAL ESTATE 2115 NW 22ND STREET, L.L.C., CORESITE ONE WILSHIRE, L.L.C., CORESITE REAL ESTATE 55 S. MARKET STREET, L.L.C., and CORESITE REAL ESTATE 3032 CORONA (April 20th, 2018)

THIS FOURTH AMENDED AND RESTATED CREDIT AGREEMENT is made as of the 19th day of April, 2018, by and among CORESITE, L.P., a Delaware limited partnership (Parent Borrower), the Subsidiary Guarantors a party hereto, 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, and KEYBANK NATIONAL ASSOCIATION, as administrative agent for the Lenders (the Agent), REGIONS BANK, TD SECURITIES (USA) LLC, and WELLS FARGO SECURITIES as Co-Documentation Agents, RBC CAPITAL MARKETS, LLC as Syndication Agent, and KEYBANC CAPITAL MARKETS, REGIONS CAPITAL MARKETS, RBC CAPITAL MARKETS, LLC, TD SECURITIES (USA) LLC and WELLS FARGO SECURITIES as Joint Lead Arrangers and Joint Book Managers.

CLOVIS ONCOLOGY, INC. And THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Trustee INDENTURE Dated as of April 19, 2018 (April 19th, 2018)

INDENTURE, dated as of April 19, 2018 between Clovis Oncology, Inc. (the Company), a Delaware corporation having its principal office at 5500 Flatiron Parkway, Suite 100, Boulder, Colorado 80301, and The Bank of New York Mellon Trust Company, N.A. with its principal office at 400 South Hope Street, Los Angeles, California 90071 (the Trustee). Each party agrees as follows for the benefit of each other party and for the equal and ratable benefit of the Holders of the Companys debentures, notes or other evidences of unsecured indebtedness to be issued in one or more series (Securities):

Southwestern Public Svc Co – PUBLIC SERVICE COMPANY OF COLORADO TO MORGAN GUARANTY TRUST COMPANY OF NEW YORK Trustee Indenture Dated as of October 1, 1993 (April 18th, 2018)

INDENTURE, dated as of October 1, 1993, between PUBLIC SERVICE COMPANY OF COLORADO, a corporation organized and existing under the laws of the State of Colorado (herein called the Company), and MORGAN GUARANTY TRUST COMPANY OF NEW YORK, a banking corporation organized and existing under the laws of the State of New York, Trustee.

Viaspace Inc – Contract (April 18th, 2018)

NEITHER THE ISSUANCE AND SALE OF THIS NOTE NOR THE SECURITIES INTO WHICH THIS NOTE IS CONVERTIBLE HAVE BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR APPLICABLE STATE SECURITIES LAWS. THE SECURITIES MAY NOT BE OFFERED FOR SALE, SOLD, TRANSFERRED OR ASSIGNED (I) IN THE ABSENCE OF (A) AN EFFECTIVE REGISTRATION STATEMENT FOR THE SECURITIES UNDER THE SECURITIES ACT OF 1933 OR (B) AN OPINION OF COUNSEL, IN A GENERALLY ACCEPTABLE FORM, THAT REGISTRATION IS NOT REQUIRED UNDER SAID ACT OR (II) UNLESS SOLD PURSUANT TO RULE 144, RULE 144A OR OTHER EXEMPTION UNDER SAID ACT.

Bacterin Intl Hldgs – Form of Subscription Rights Statement IMPORTANT: Retain a Copy of This Statement for Your Investment, Tax and Cost-Basis Records. Account Summary [Date] Account # 9999999999 (April 18th, 2018)

THIS CERTIFIES THAT the registered owner whose name is inscribed hereon and is the owner of the number of subscription rights ("Subscription Rights") set forth above. You have received 0.0869816 Subscription Rights for each share of the common stock of Xtant Medical Holdings, Inc. held by you on the Record Date. Each whole Subscription Right entitles the holder thereof to subscribe for and purchase (the "Basic Subscription Right") one (1) share of the common stock of Xtant Medical Holdings, Inc., a Delaware corporation, at a subscription price of $7.20 per share (the "Subscription Price"), pursuant to a rights offering (the "Rights Offering"), on the terms and subject to the conditions set forth in the Prospectus and the "Instructions as to Use of Xtant Medical Holdings, Inc. Subscription Rights Statement" accompanying this Rights Statement. Subscription Rights may only be exercised in whole numbers, and we will not issue fractional shares. To the extent that the number of Subscription

Logistics Property Trust Inc. – STANDARD OFFER, AGREEMENT AND ESCROW INSTRUCTIONS FOR PURCHASE OF REAL ESTATE (Non-Residential) (April 18th, 2018)
Fourth Amendment and Increased Facility Activation Notice (April 18th, 2018)

FOURTH AMENDMENT, dated as of April 18, 2018 (this Amendment), to the Term Loan Credit Agreement, dated as of May 31, 2015 (as amended by the First Amendment, dated as of September 27, 2016, the Second Amendment dated as of September 28, 2017 and the Third Amendment, dated as of December 8, 2017, the Credit Agreement), among TTM TECHNOLOGIES, INC. (the Borrower), the several banks and other financial institutions or entities from time to time parties thereto (the Lenders), JPMORGAN CHASE BANK, N.A., as administrative agent (in such capacity, the Administrative Agent) and the other agents parties thereto.

Settlement Agreement (April 18th, 2018)

This SETTLEMENT AGREEMENT is made and entered into as of April 16, 2018 (the "Agreement") by and among Command Center, Inc., a Washington corporation (the "Company"), Ephraim Fields (the "Investor" or a "Participant" as defined below) and each of the other parties listed on Exhibit A hereto (each, a "Participant" and collectively with the Investor, the "Participants"). The Company and the Participants are each referred to herein as a "Party" and collectively, the "Parties."

Contract (April 18th, 2018)
Viaspace Inc – Contract (April 18th, 2018)

NEITHER THE ISSUANCE AND SALE OF THIS NOTE NOR THE SECURITIES INTO WHICH THIS NOTE IS CONVERTIBLE HAVE BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR APPLICABLE STATE SECURITIES LAWS. THE SECURITIES MAY NOT BE OFFERED FOR SALE, SOLD, TRANSFERRED OR ASSIGNED (I) IN THE ABSENCE OF (A) AN EFFECTIVE REGISTRATION STATEMENT FOR THE SECURITIES UNDER THE SECURITIES ACT OF 1933 OR (B) AN OPINION OF COUNSEL, IN A GENERALLY ACCEPTABLE FORM, THAT REGISTRATION IS NOT REQUIRED UNDER SAID ACT OR (II) UNLESS SOLD PURSUANT TO RULE 144, RULE 144A OR OTHER EXEMPTION UNDER SAID ACT.

Bacterin Intl Hldgs – FORM OF INSTRUCTIONS AS TO USE OF SUBSCRIPTION RIGHTS STATEMENTS XTANT MEDICAL HOLDINGS, INC. Please Consult CG Capital, or Your Bank or Broker as to Any Questions. (April 18th, 2018)

The following instructions relate to a rights offering (the "Rights Offering") by Xtant Medical Holdings, Inc., a Delaware corporation ("Xtant"), to the holders of record of its common stock, $0.000001 par value (the "Common Stock"), as described in Xtant's prospectus dated , 2018 (the "Prospectus"). Each holder of record of Common Stock at the close of business on April 27, 2018 (the "Record Date") will receive, at no charge, 0.0869816 non-transferable subscription rights (the "Subscription Rights") for each share of Common Stock held at the Record Date.

Logistics Property Trust Inc. – Purchase and Sale Agreement (April 18th, 2018)

THIS PURCHASE AND SALE AGREEMENT (this Agreement) is made as of March 7, 2018 (the Effective Date), by and between ARCTIC PARTNERS, LTD., a Florida Limited Partnership, having an address at 9 Island Avenue, Apartment 706 Miami Beach, Florida 33139 (Seller), and BCI IV ACQUISITIONS LLC, a Delaware limited liability company, having an address at 518 17th Street, 17th Floor, Denver, Colorado 80202 (Buyer).

Eldorado Resorts, Inc. – AGREEMENT AND PLAN OF MERGER by and Among ELDORADO RESORTS, INC., DELTA MERGER SUB, INC., GLP CAPITAL, L.P. And TROPICANA ENTERTAINMENT INC. Dated as of April 15, 2018 (April 16th, 2018)

This AGREEMENT AND PLAN OF MERGER, dated as of April 15, 2018 (this Agreement), is made by and among Eldorado Resorts, Inc., a Nevada corporation (Parent), Delta Merger Sub, Inc., a Delaware corporation and a wholly-owned subsidiary of Parent (Merger Sub), GLP Capital, L.P., a Pennsylvania limited partnership (Gamma and together with Parent, the Acquirors), and Tropicana Entertainment Inc., a Delaware corporation (the Company). All capitalized terms used in this Agreement shall have the meanings assigned to such terms in Section 9.4 or as otherwise defined elsewhere in this Agreement.

Tropicana Entertainment Inc. – AGREEMENT AND PLAN OF MERGER by and Among ELDORADO RESORTS, INC., DELTA MERGER SUB, INC., GLP CAPITAL, L.P. And TROPICANA ENTERTAINMENT INC. Dated as of April 15, 2018 (April 16th, 2018)

This AGREEMENT AND PLAN OF MERGER, dated as of April 15, 2018 (this Agreement), is made by and among Eldorado Resorts, Inc., a Nevada corporation (Parent), Delta Merger Sub, Inc., a Delaware corporation and a wholly-owned subsidiary of Parent (Merger Sub), GLP Capital, L.P., a Pennsylvania limited partnership (Gamma and together with Parent, the Acquirors), and Tropicana Entertainment Inc., a Delaware corporation (the Company). All capitalized terms used in this Agreement shall have the meanings assigned to such terms in Section 9.4 or as otherwise defined elsewhere in this Agreement.

Yummy Flies, Inc. – Securities Purchase Agreement (April 16th, 2018)

This SECURITIES PURCHASE AGREEMENT (this "Agreement"), dated as of July 5, 2017, is entered into by and between PURA NATURALS, INC., a Colorado corporation, (the "Company"), and Vista Capital Investments, LLC (the "Buyer").

CLOVIS ONCOLOGY, INC. And THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Trustee INDENTURE Dated as of [ ], 2018 (April 16th, 2018)

INDENTURE, dated as of [ ], 2018 between Clovis Oncology, Inc. (the Company), a Delaware corporation having its principal office at 5500 Flatiron Parkway, Suite 100, Boulder, Colorado 80301, and The Bank of New York Mellon Trust Company, N.A. with its principal office at 400 South Hope Street, Los Angeles, California 90071 (the Trustee). Each party agrees as follows for the benefit of each other party and for the equal and ratable benefit of the Holders of the Companys debentures, notes or other evidences of unsecured indebtedness to be issued in one or more series (Securities):

American Realty Capital Healthcare Trust II, Inc. – Guaranty Agreement (April 16th, 2018)

THIS GUARANTY AGREEMENT (this "Guaranty") is made as of April 10, 2018, by HEALTHCARE TRUST OPERATING PARTNERSHIP, L.P., a Delaware limited partnership, having an address at 405 Park Avenue, New York, New York 10022 ("Guarantor") in favor of KeyBank National Association, a national banking association, having an address at 11501 Outlook, Suite 300, Overland Park, Kansas 66211 (together with its successors and assigns, "Lender").

Yummy Flies, Inc. – Convertible Promissory Note (April 16th, 2018)

This Note is free from all taxes, liens, claims and encumbrances with respect to the issue thereof and shall not be subject to preemptive rights or other similar rights of shareholders of the Borrower and will not impose personal liability upon the holder thereof.

Gaming & Leisure Properties, Inc. – AGREEMENT AND PLAN OF MERGER by and Among ELDORADO RESORTS, INC., DELTA MERGER SUB, INC., GLP CAPITAL, L.P. And TROPICANA ENTERTAINMENT INC. Dated as of April 15, 2018 (April 16th, 2018)

This AGREEMENT AND PLAN OF MERGER, dated as of April 15, 2018 (this Agreement), is made by and among Eldorado Resorts, Inc., a Nevada corporation (Parent), Delta Merger Sub, Inc., a Delaware corporation and a wholly-owned subsidiary of Parent (Merger Sub), GLP Capital, L.P., a Pennsylvania limited partnership (Gamma and together with Parent, the Acquirors), and Tropicana Entertainment Inc., a Delaware corporation (the Company). All capitalized terms used in this Agreement shall have the meanings assigned to such terms in Section 9.4 or as otherwise defined elsewhere in this Agreement.

GrowGeneration Corp. – Form of Asset Purchase Agreement (April 16th, 2018)

THIS ASSET PURCHASE AGREEMENT (the "Agreement') is made and entered into as of the day of April 12, 2018 by and among GrowGeneration Michigan Corp., a Delaware Corporation ("Buyer") with offices at 1000 W. Mississippi, Denver CO 80223 and a registered office of 40600 Ann Arbor Road East, Suite 200, Canton, Michigan 48170, GrowGeneration Corp., a Colorado Corporation ("Issuer") with offices at 1000 W. Mississippi, Denver CO 80223 and a registered office address of 36 South 18th Avenue, Suite D, Brighton, CO 80601, United States, and Superior Growers Supply Inc., a Michigan Corporation with its address located 5711 Enterprise Drive, Lansing, Michigan 48911 ("Seller").

American Realty Capital Healthcare Trust II, Inc. – LOAN AGREEMENT Dated as of April 10, 2018 Between (April 16th, 2018)

THIS LOAN AGREEMENT is made as of April 10, 2018 (this "Agreement"), between KEYBANK NATIONAL ASSOCIATION, a national banking association, having an address at 11501 Outlook, Suite 300, Overland Park, Kansas 66211 ("Lender") and ARHC HDLANCA01, LLC, ARHC NHCANGA01, LLC, ARHC FMMUNIN03, LLC, ARHC BMLKWCO01, LLC, ARHC ECMCYNC01, LLC, ARHC ECCPTNC01, LLC, ARHC LPELKCA01, LLC, ARHC MMTCTTX01, LLC, ARHC MRMRWGA01, LLC, ARHC OLOLNIL01, LLC, ARHC PPHRNTN01, LLC, ARHC SMERIPA01, LLC, ARHC AMGLNAZ02, LLC, ARHC PHNLXIL01, LLC, ARHC AMGLNAZ01, LLC, ARHC SFSTOGA01, LLC, ARHC VCSTOGA01, LLC, ARHC WLWBYMN01, LLC, ARHC AHPLYWI01, LLC, and ARHC PRPEOAZ03, LLC, each a Delaware limited liability company, and each having its principal place of business at 405 Park Avenue, New York, New York 10022 (individually, collectively, jointly and severally, as the context requires, "Borrower").

Yummy Flies, Inc. – 12% Convertible Note (April 16th, 2018)

This Note is free from all taxes, liens, claims and encumbrances with respect to the issue thereof and shall not be subject to preemptive rights or other similar rights of shareholders of the Borrower and will not impose personal liability upon the holder thereof.

Yummy Flies, Inc. – Securities Purchase Agreement (April 16th, 2018)

This SECURITIES PURCHASE AGREEMENT (this "Agreement"), dated as of September 20, 2017, is entered into by and between PURA NATURALS, INC, a Colorado corporation (the "Company"), and EMA Financial, LLC, a Delaware limited liability company (the "Purchaser").