Connecticut Sample Contracts

SECOND AMENDED AND RESTATED CREDIT AGREEMENT Dated as of June 22, 2018 Among PULTEGROUP, INC., as Borrower, BANK OF AMERICA, N.A., as Administrative Agent, a Swing Line Lender and an L/C Issuer, and the Other Lenders Party Hereto (June 22nd, 2018)
Investment – SALE, CONTRIBUTION AND MASTER PARTICIPATION AGREEMENT by and Between OXFORD SQUARE FUNDING 2018, LLC, as the Buyer and OXFORD SQUARE CAPITAL CORP., as the Seller June 21, 2018 (June 22nd, 2018)

THIS SALE, CONTRIBUTION AND MASTER PARTICIPATION AGREEMENT (such agreement as amended, modified, supplemented or restated from time to time, the "Agreement") is dated as of June 21, 2018 (the "Purchase Date"), by and between OXFORD SQUARE CAPITAL CORP., a Maryland corporation, as the seller (in such capacity, the "Seller") and OXFORD SQUARE FUNDING 2018, LLC, a Delaware limited liability company, as the buyer (in such capacity, the "Buyer").

Allakos Inc. – Allakos Inc. Amended and Restated Investors Rights Agreement (June 22nd, 2018)

This Amended and Restated Investors Rights Agreement (this Agreement) made as of November 30, 2017, by and among Allakos Inc., a Delaware corporation (the Company), and the persons and entities listed on Exhibit A (each, an Investor and collectively, the Investors).

Ranger Energy Services, Inc. – Master Financing and Security Agreement (June 22nd, 2018)

THIS MASTER FINANCING AND SECURITY AGREEMENT (as amended, supplemented or otherwise modified from time to time, this "Agreement") is between ENCINA EQUIPMENT FINANCE SPV, LLC, a Delaware limited liability company (together with its successors and permitted assigns, if any, "Lender") and RNGR ENERGY SERVICES, LLC, a Delaware limited liability company ("Parent"), RANGER ENERGY SERVICES, LLC, a Delaware limited liability company ("Ranger"), TORRENT ENERGY SERVICES, LLC, a Delaware limited liability company ("Torrent"), RANGER ENERGY LEASING, LLC, a Delaware limited liability company ("Leasing"); RANGER ENERGY PROPERTIES, LLC, a Delaware limited liability company ("Properties"); ACADEMY OILFIELD RENTALS, LLC, a Delaware limited liability company ("Academy"); RANGER ENERGY EQUIPMENT, LLC, a Delaware limited liability company ("Equipment"); and MALLARD COMPLETIONS, LLC, a Delaware limited liability company ("Mallard"). Each of Parent, Ranger, Torrent, Leasing, Properties, Academy, Equipment

First Connecticut Bancorp Inc. – AGREEMENT AND PLAN OF MERGER by and Between FIRST CONNECTICUT BANCORP, INC. And PEOPLE'S UNITED FINANCIAL, INC. Dated as of June 18, 2018 (June 21st, 2018)

AGREEMENT AND PLAN OF MERGER, dated as of June 18, 2018 (this "Agreement"), by and between First Connecticut Bancorp, Inc., a Maryland corporation (the "Company"), and People's United Financial, Inc., a Delaware corporation ("Purchaser").

Citigroup Commercial Mortgage Trust 2018-C5 – Contract (June 21st, 2018)
People's United Financial – AGREEMENT AND PLAN OF MERGER by and Between FIRST CONNECTICUT BANCORP, INC. And PEOPLES UNITED FINANCIAL, INC. Dated as of June 18, 2018 (June 21st, 2018)

AGREEMENT AND PLAN OF MERGER, dated as of June 18, 2018 (this Agreement), by and between First Connecticut Bancorp, Inc., a Maryland corporation (the Company), and Peoples United Financial, Inc., a Delaware corporation (Purchaser).

Restoration Hardware Holdings – Rh as Issuer and U.S. Bank National Association as Trustee Indenture Dated as of June 18, 2018 0.00% Convertible Senior Notes Due 2023 (June 19th, 2018)

INDENTURE dated as of June 18, 2018 between RH, a Delaware corporation (the Company) and U.S. Bank National Association, as trustee (the Trustee).

UnitedHealth Group Incorporated Debt Securities Underwriting Agreement (June 19th, 2018)
AGREEMENT AND PLAN OF MERGER Dated as of June 18, 2018 Among FOUNDATION MEDICINE, INC., ROCHE HOLDINGS, INC. And 062018 MERGER SUBSIDIARY, INC. (June 19th, 2018)

AGREEMENT AND PLAN OF MERGER (this Agreement) dated as of June 18, 2018 among Foundation Medicine, Inc., a Delaware corporation (the Company), Roche Holdings, Inc., a Delaware corporation (Parent), and 062018 Merger Subsidiary, Inc., a Delaware corporation and a wholly owned direct subsidiary of Parent (Merger Subsidiary).

LOAN AGREEMENT Dated as of June 13, 2018 Between (June 19th, 2018)

THIS LOAN AGREEMENT, dated as of June 13, 2018 (as amended, restated, replaced, supplemented or otherwise modified from time to time, this Agreement), between BANK OF AMERICA, N.A., a national banking association, having an address at 214 North Tryon Street, NC1-027-15-01, Charlotte, North Carolina 28255 (BofA), BARCLAYS BANK PLC, a public company registered in England and Wales, having an address at 745 Seventh Avenue, New York, New York 10019 (Barclays) and MORGAN STANLEY BANK, N.A., a national banking association, having an address at 1585 Broadway, New York, New York 10036 (MS; and together with BofA and Barclays, and each of their respective successors and/or assigns, Lender) and each of the parties set forth on Schedule I attached hereto, each having an address c/o Ashford Hospitality Trust, 14185 Dallas Parkway, Suite 1100, Dallas, Texas 75254 (together with their successors and/or assigns, individually and/or collectively, as the context may require, Borrower).

JPMDB Commercial Mortgage Securities Trust 2018-C8 – Contract (June 15th, 2018)
COMM 2018-COR3 Mortgage Trust – Contract (June 15th, 2018)
DD's Deluxe Rod Holder, Inc. – Share Exchange Agreement (June 15th, 2018)

This SHARE EXCHANGE AGREEMENT (this "Agreement"), dated as of June 15, 2018, is by and among DD's Deluxe Rod Holder Inc., a Nevada corporation ("DDLX"), GOLDEN SUNSET GROUP LIMITED, a Seychelles International Business Company ("Golden Sunset"), and the shareholders of Golden Sunset identified on Annex A hereto (each, a "Shareholder" and together the "Shareholders"). Each of the parties to this Agreement is individually referred to herein as a "Party" and collectively, as the "Parties."

JPMDB Commercial Mortgage Securities Trust 2018-C8 – Contract (June 15th, 2018)
Waiver, Consent and Ninth Amendment to Credit and Security Agreement (June 15th, 2018)

THIS WAIVER, CONSENT AND NINTH AMENDMENT TO CREDIT AND SECURITY AGREEMENT (this Agreement), dated as of June 11, 2018, is made and entered into by and among CNH FINANCE FUND I, L.P. formerly known as SCM Specialty Finance Opportunities Fund, L.P., a Delaware limited partnership (Lender) and TRANS-LUX CORPORATION, a Delaware corporation (Trans-Lux), TRANS-LUX DISPLAY CORPORATION, a Delaware corporation (TDC), TRANS-LUX MIDWEST CORPORATION, an Iowa corporation (TMC), TRANS-LUX ENERGY CORPORATION, a Connecticut corporation (TEC, and together with Trans-Lux, TDC, and TMC, individually and collectively, Borrower).

JPMDB Commercial Mortgage Securities Trust 2018-C8 – CO-LENDER AGREEMENT Dated as of June 15, 2018 Between BSPRT FINANCE, LLC (Note A-1 Holder) and BSPRT FINANCE, LLC (Note A-2 Holder) and BSPRT FINANCE, LLC (Note A-3 Holder) (June 15th, 2018)

THIS CO-LENDER AGREEMENT (the "Agreement"), dated as of June 15, 2018, is between BSPRT FINANCE LLC, a Delaware limited liability company ("BSP"), having an address at 142 West 57th Street, Suite 1201, New York, New York 10019, as the holder of Note A-1, BSP, as the holder of Note A-2 and BSP, as the holder of Note A-3.

Agreement (June 15th, 2018)
Broadcom Inc. – BROADCOM INC. INDENTURE Dated as of , 20 WILMINGTON TRUST, NATIONAL ASSOCIATION Trustee (June 14th, 2018)

Indenture dated as of , 20 between BROADCOM INC., a company incorporated under the laws of Delaware (Company), and WILMINGTON TRUST, NATIONAL ASSOCIATION, as trustee (Trustee).

Essential Properties Realty Trust, Inc. – $300,000,000 REVOLVING CREDIT AGREEMENT Among ESSENTIAL PROPERTIES REALTY TRUST, INC., as the Parent REIT, ESSENTIAL PROPERTIES, L.P., as the Borrower the Several Lenders From Time to Time Parties Hereto, CITIBANK, N.A. And GOLDMAN SACHS BANK USA, as Co-Syndication Agents, and BARCLAYS BANK PLC, as Administrative Agent Dated as of [_], 2018 BARCLAYS BANK PLC, CITIGROUP GLOBAL MARKETS INC., and GOLDMAN SACHS BANK USA, as Joint Lead Arrangers (June 14th, 2018)

REVOLVING CREDIT AGREEMENT, dated as of June [_], 2018, among ESSENTIAL PROPERTIES REALTY TRUST, INC., a Maryland real estate investment trust (the Parent REIT), ESSENTIAL PROPERTIES, L.P., a Delaware limited partnership (the Borrower), the several banks and other financial institutions or entities from time to time parties to this Agreement (the Lenders), CITIBANK, N.A. and GOLDMAN SACHS BANK USA, as co-syndication agents (in such capacity, the Co-Syndication Agents), and BARCLAYS BANK PLC, as administrative agent (in such capacity, the Administrative Agent).

FUELCELL ENERGY, INC. Common Stock (Par Value $0.0001 Per Share) at Market Issuance Sales Agreement (June 13th, 2018)
Attorneys at Law (June 13th, 2018)
Amended and Restated Credit Agreement (June 13th, 2018)
Bloom Energy Corp – FIRST AMENDED AND RESTATED PURCHASE, USE AND MAINTENANCE AGREEMENT Between BLOOM ENERGY CORPORATION as Seller and 2016 ESA PROJECT COMPANY, LLC as Buyer Dated as of October 24, 2016 and Amended and Restated as of June 26, 2017 (June 12th, 2018)

This FIRST AMENDED AND RESTATED PURCHASE, USE AND MAINTENANCE AGREEMENT (this Agreement), dated as of October 24, 2016, and amended and restated as of June 26, 2017 (the Agreement Date), is entered into by and between BLOOM ENERGY CORPORATION, a Delaware corporation (Seller), and 2016 ESA PROJECT COMPANY, LLC, a Delaware limited liability company (Buyer). Seller and Buyer are referred to in this Agreement individually, as a Party and, collectively, as the Parties.

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").

Bloom Energy Corp – Second Supplemental Indenture, Omnibus Amendment to Notes and Limited Waiver (June 12th, 2018)

SECOND SUPPLEMENTAL INDENTURE, OMNIBUS AMENDMENT TO NOTES AND LIMITED WAIVER (this Supplemental Indenture, Omnibus Amendment and Limited Waiver), dated as of June 29, 2017, by and among Bloom Energy Corporation, a Delaware corporation (the Company), as issuer, Rye Creek LLC, a Delaware limited liability company, as guarantor (the Guarantor), and U.S. Bank National Association, as trustee (the Trustee) and collateral agent (the Collateral Agent) under the Indenture referred to below.

Delcath Systems – Contract (June 12th, 2018)

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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:

CREDIT AGREEMENT Dated as of June 8, 2018 Among REPUBLIC SERVICES, INC., as the Borrower, BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer, JPMORGAN CHASE BANK, N.A. And WELLS FARGO BANK, NATIONAL ASSOCIATION, as Co-Syndication Agents BNP PARIBAS, MIZUHO BANK, LTD., MUFG BANK, LTD., SUMITOMO MITSUI BANKING CORPORATION, SUNTRUST BANK, THE BANK OF NOVA SCOTIA, and U.S. BANK NATIONAL ASSOCIATION, as Co-Documentation Agents the Other Lenders Party Hereto MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED, JPMORGAN CHASE BANK, N.A. And WELLS FARGO SECURITIES, LLC, as (June 11th, 2018)

This CREDIT AGREEMENT (this Agreement) is entered into as of June 8, 2018, among REPUBLIC SERVICES, INC., a Delaware corporation (the Borrower), each lender from time to time party hereto (collectively, the Lenders and individually, a Lender), and BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and an L/C Issuer.

AMENDED AND RESTATED REVOLVING CREDIT, TERM LOAN AND SECURITY AGREEMENT PNC BANK, NATIONAL ASSOCIATION (AS LENDER AND AS AGENT) WITH MOTORCAR PARTS OF AMERICA, INC. (AS a US BORROWER) AND D & v ELECTRONICS LTD. (AS a CANADIAN BORROWER) June 5, 2018 (June 11th, 2018)

Amended and Restated Revolving Credit, Term Loan and Security Agreement, dated as of June 5, 2018 among MOTORCAR PARTS OF AMERICA, INC., a corporation organized under the laws of the State of New York ("MPA", and together with each Person organized under the laws of a State of the United States joined hereto as a borrower from time to time, collectively, the "US Borrowers", and each, a "US Borrower"), D & V Electronics Ltd., a corporation amalgamated and existing under the laws of the Province of British Columbia ("D&V" and together with each Person organized under the laws of Canada joined hereto as a borrower from time to time, collectively, the "Canadian Borrowers", and each, a "Canadian Borrower"; the Canadian Borrowers and the US Borrowers are referred to herein each as a "Borrower" and collectively as "Borrowers"), each Person joined hereto as a guarantor from time to time, the financial institutions which are now or which hereafter become a party hereto (collectively, the "Lende

Industrial Services of America, Inc. – Amendment No. 2 to Loan and Security Agreement (June 7th, 2018)

This AMENDMENT NO. 2 TO LOAN AND SECURITY AGREEMENT (this "Amendment") is entered into as of June 4, 2018 by and among INDUSTRIAL SERVICES OF AMERICA, INC., a Florida corporation ("ISA"; and together with any additional Person that at any time becomes an additional Borrower, jointly, severally and collectively, "Borrowers" and each a "Borrower"), ISA LOGISTICS LLC, a Kentucky limited liability company ("ISA Logistics"), ISA INDIANA, INC., an Indiana corporation ("ISA Indiana"), ISA REAL ESTATE, LLC, a Kentucky limited liability company ("ISA Real Estate"), ISA INDIANA REAL ESTATE, LLC, a Kentucky limited liability company ("ISA IN Real Estate"), 7021 GRADE LANE LLC, a Kentucky limited liability company ("7021 Grade Lane"), 7124 GRADE LANE LLC, a Kentucky limited liability company ("7124 Grade Lane"), and 7200 GRADE LANE LLC, a Kentucky limited liability company ("7200 Grade Lane"; and together with ISA Logistics, ISA Indiana, ISA Real Estate, ISA IN Real Estate, 7021 Grade Lane, 7124 G

BioXcel Therapeutics, Inc. – Executive Employment Agreement (June 7th, 2018)

This Executive Agreement (the Agreement) is made and entered into effective as of June 1, 2018 (the Effective Date), by and between Vincent ONeill, M.D. (the Executive) and BioXcel Therapeutics, Inc., a Delaware corporation (the Company).

The Providence Service Corporation – Fifth Amendment to the Amended and Restated Credit and Guaranty Agreement (June 7th, 2018)

THIS FIFTH AMENDMENT TO THE AMENDED AND RESTATED CREDIT AND GUARANTY AGREEMENT dated as of June 7, 2018 (this "Agreement") is entered into among The Providence Service Corporation, a Delaware corporation (the "Borrower"), the Guarantors, the Lenders party hereto and Bank of America, N.A., as Administrative Agent. All capitalized terms used herein and not otherwise defined herein shall have the meanings given to such terms in the Credit Agreement (as defined below).

Contract (June 7th, 2018)

THIS NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED ("ACT"), OR UNDER ANY STATE SECURITIES LAW AND THIS NOTE MAY NOT BE PLEDGED, SOLD, ASSIGNED OR TRANSFERRED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT WITH RESPECT THERETO UNDER THE ACT AND ANY APPLICABLE STATE SECURITIES LAW, OR UNLESS THE DEBTOR RECEIVES AN OPINION OF COUNSEL, SATISFACTORY TO THE DEBTOR, THAT SUCH REGISTRATION IS NOT REQUIRED.

Industrial Services of America, Inc. – Midcap Business Credit Llc Second Amended and Restated Revolving Note (June 7th, 2018)

For value received, the undersigned, INDUSTRIAL SERVICES OF AMERICA, INC., a Florida corporation ("Borrower"), hereby promises to pay, as provided in the Loan Agreement (defined below), to the order of MIDCAP BUSINESS CREDIT LLC, a Texas limited liability company ("Lender"), at its offices in West Hartford, Connecticut, or at any other place designated at any time by the holder hereof, in lawful money of the United States of America and in immediately available funds, the principal sum of TEN MILLION AND 00/100 DOLLARS ($10,000,000.00) or, if less, the aggregate unpaid principal amount of all loans made by Lender to Borrowers under the Loan Agreement, together with interest on the principal amount hereunder remaining unpaid from time to time, computed on the basis of the actual number of days elapsed and a 360-day year, from the date hereof until this Second Amended and Restated Revolving Note (this "Note") is fully paid at the rate from time to time in effect under the Loan and Securi