Financing Agreement Sample Contracts

Midwest Energy Emissions Corp. – UNSECURED NOTE FINANCING AGREEMENT Dated as of February 25, 2019 by and among MIDWEST ENERGY EMISSIONS CORP., a Delaware corporation as Borrower, MES, INC., a North Dakota corporation as Guarantor and AC MIDWEST ENERGY LLC, a Delaware limited liability company, as Lender (March 1st, 2019)

This UNSECURED NOTE FINANCING AGREEMENT (as may be amended, restated or modified from time to time, this “Agreement”), dated as of February 25, 2019, is being entered into by and among Midwest Energy Emissions Corp., a Delaware corporation, (the “Borrower”), MES, Inc., a North Dakota corporation and wholly owned subsidiary of the Borrower (“MES”), and AC Midwest Energy LLC, a Delaware limited liability company (the “Lender”). Each of Borrower, MES and the Lender may hereinafter be referred to, individually, as a “Party” and, collectively, as the “Parties”.

CNH Industrial Capital LLC – FOURTH AMENDED AND RESTATED WHOLESALE AND PARTS CNHi CAPITAL FINANCING AGREEMENT (March 1st, 2019)

THIS FOURTH AMENDED AND RESTATED WHOLESALE AND PARTS CNHi CAPITAL FINANCING AGREEMENT is made effective as of the 31st day of December, 2017 by CNH Industrial America, LLC, a Delaware limited liability company ("CNHi America") and CNH Industrial Capital America LLC, a Delaware limited liability company ("CNHi Capital").

CNH Industrial Capital LLC – SECOND AMENDED AND RESTATED WHOLESALE AND PARTS CNHi CAPITAL FINANCING AGREEMENT (March 1st, 2019)

THIS SECOND AMENDED AND RESTATED WHOLESALE AND PARTS CNHi CAPITAL FINANCING AGREEMENT is made as of this 31st day of December, 2017 by CNH Industrial Canada, Ltd., a Canada corporation (“CNHi”) and CNH Industrial Capital Canada Ltd., an Alberta corporation (“CNHi Capital”).

Ncr Corp – SECOND AMENDMENT TO THE RECEIVABLES FINANCING AGREEMENT (February 28th, 2019)

This SECOND AMENDMENT TO THE RECEIVABLES FINANCING AGREEMENT (this “Amendment”), dated as of September 29, 2017, is entered into by and among the following parties:

BrightView Holdings, Inc. – FIRST AMENDMENT TO THE RECEIVABLES FINANCING AGREEMENT (February 22nd, 2019)

This RECEIVABLES FINANCING AGREEMENT (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”) is entered into as of April 28, 2017 by and among the following parties:

Rhino Resource Partners LP – SECOND AMENDMENT TO FINANCING AGREEMENT (February 15th, 2019)

SECOND AMENDMENT, dated as of February 13, 2019 (this “Amendment”), to the Financing Agreement, dated as of December 27, 2017 (as amended, supplemented, replaced or otherwise modified from time to time, the “Financing Agreement”), by and among Rhino Resource Partners LP, a Delaware limited partnership (the “Parent”), Rhino Energy LLC, a Delaware limited liability company (“Rhino”), each subsidiary of Rhino listed as a “Borrower” on the signature pages thereto (together with Rhino, each a “Borrower” and collectively, the “Borrowers”), each subsidiary of the Parent listed as a “Guarantor” on the signature pages thereto (together with the Parent and each other Person that executes a joinder agreement and becomes a “Guarantor” thereunder, each a “Guarantor” and collectively, the “Guarantors”), the lenders from time to time party thereto (each a “Lender” and collectively, the “Lenders”), Cortland Capital Market Services LLC (“Cortland”), as collateral agent for the Lenders (in such capacity

Elevate Credit, Inc. – FINANCING AGREEMENT (February 11th, 2019)

This FINANCING AGREEMENT (as modified, amended, extended, restated, amended and restated and/or supplemented from time to time, this “Agreement”), dated as of February 7, 2019 is being entered into by and among (a) EF SPV, Ltd., an exempted company incorporated with limited liability under the laws of the Cayman Islands (the “Borrower”), (b) Elevate Credit, Inc., a Delaware corporation as a Guarantor (as defined herein) and the other Guarantors from time to time party hereto, (c) the lenders listed on the Schedule of Lenders attached hereto (each individually, a “Lender” and collectively, the “Lenders”) and (d) Victory Park Management, LLC, as administrative agent and collateral agent (the “Agent”) for the Lenders and the Holders (as defined herein).

Novelis Inc. – SAFE HARBOR STATEMENT Forward-looking statements Statements made in this presentation which describe Novelis' intentions, expectations, beliefs or predictions may be forward- looking statements within the meaning of securities laws. Forward-looking statements include statements preceded by, followed by, or including the words "believes," "expects," "anticipates," "plans," "estimates," "projects," "forecasts," or similar expressions. Examples of forward looking statements in this news release are statements about our expectation that the pending Aleris acquisition will close in the third quarte (February 5th, 2019)
Davey Tree Expert Co – RECEIVABLES FINANCING AGREEMENT AMENDMENT NO. 5 (January 30th, 2019)

This Receivables Financing Agreement Amendment No. 5 (this “Amendment”), dated as of January 24, 2019, among DAVEY RECEIVABLES LLC, an Ohio limited liability company, as Borrower (together with its successors and assigns, the “Borrower”); THE DAVEY TREE EXPERT COMPANY, an Ohio corporation, in its individual capacity (“Davey Tree”) and as initial Servicer (in such capacity, together with its successors and assigns in such capacity, the “Servicer”); PNC BANK, NATIONAL ASSOCIATION, as LC Bank (in such capacity, together with its successors and assigns in such capacity, the “LC Bank”); and PNC BANK, NATIONAL ASSOCIATION (“PNC”), as Administrative Agent (in such capacity together with its successors and assigns in such capacity, the “Administrative Agent”).

Ondas Holdings Inc. – PURCHASE ORDER FINANCING AGREEMENT dated as of November 3, 2016 by and between FULL SPECTRUM INC. as the Debtor and as the Lender PURCHASE ORDER FINANCING AGREEMENT (January 7th, 2019)

This PURCHASE ORDER FINANCING AGREEMENT dated as of November 3, 2016, is entered into by and between Full Spectrum Inc., a Delaware corporation (the “Debtor”) and _______________________ (the “Secured Party”).

Ondas Holdings Inc. – AMENDMENT TO PURCHASE ORDER FINANCING AGREEMENT (January 7th, 2019)

This AMENDMENT TO PURCHASE ORDER FINANCING AGREEMENT (this “Amendment”) is made and entered into as of November 17, 2017, by and between FULL SPECTRUM INC., a Delaware corporation (the “Debtor”), and ______________________, a _________________ (the “Secured Party”).

Ondas Holdings Inc. – PURCHASE ORDER FINANCING AGREEMENT dated as of ___________, 2014 by and between FULL SPECTRUM INC. as the Debtor and as the Secured Party PURCHASE ORDER FINANCING AGREEMENT (January 7th, 2019)

This PURCHASE ORDER FINANCING AGREEMENT dated as of February 19, 2014, is entered into by and between Full Spectrum Inc., a Delaware corporation (the “Debtor”) and _______________________, a _______________ company (the “Secured Party”).

Select Interior Concepts, Inc. – FIFTH AMENDMENT TO FINANCING AGREEMENT (January 4th, 2019)

FIFTH AMENDMENT TO FINANCING AGREEMENT, dated as of December 31, 2018 (this "Amendment"), to the Financing Agreement, dated as of February 28, 2017 (as amended, restated, supplemented or otherwise modified from time to time, the "Financing Agreement"), by and among ARCHITECTURAL GRANITE & MARBLE, LLC, a Delaware limited liability company ("AGM"), PENTAL GRANITE AND MARBLE, LLC, a Washington limited liability company ("Pental" and together with AGM and each Subsidiary of Ultimate Parent (as defined therein) that executes a joinder agreement and becomes a "Borrower" thereunder, each a "Borrower" and collectively, the "Borrowers"), the financial institutions from time to time party thereto as lenders (collectively, the "Lenders") and CERBERUS BUSINESS FINANCE, LLC ("Cerberus"), as agent for the Lenders (in such capacity, the "Agent").

Integra Lifesciences Holdings Corp – RECEIVABLES FINANCING AGREEMENT (December 28th, 2018)

This RECEIVABLES FINANCING AGREEMENT (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”) is entered into as of December 21, 2018 by and among the following parties:

Lamar Media Corp/De – RECEIVABLES FINANCING AGREEMENT Dated as of December 18, 2018 by and among THE PERSONS FROM TIME TO TIME PARTY HERETO, as Borrowers, THE PERSONS FROM TIME TO TIME PARTY HERETO, as Lenders, PNC BANK, NATIONAL ASSOCIATION, as Administrative Agent, LAMAR MEDIA CORP., as initial Servicer, and PNC CAPITAL MARKETS LLC, as Structuring Agent (December 21st, 2018)

This RECEIVABLES FINANCING AGREEMENT (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”) is entered into as of December 18, 2018 by and among the following parties:

Delta Air Lines Inc /De/ – INSERT NEW IMAGE Delta Finance Insights Jill Greer, Vice President – Investor Relations Julie Stewart , Managing Director – Investor Relations Safe Harbor Statements in this presentation that are not historical facts, including statements regarding our estimates, expectations, be lie fs, intentions, projections or strategies for the future, may be "forward - looking statements" as defined in the Private Securities Litigation Reform Act of 199 5. All forward - looking statements involve a number of risks and uncertainties that could cause actual results to differ materially from the estimate s, (December 12th, 2018)
Hc2 Holdings, Inc. – FINANCING AGREEMENT Dated as of November 30, 2018 by and among (December 4th, 2018)

Financing Agreement, dated as of November 30, 2018, by and among DBM Global Inc., a Delaware corporation ("DBM" or the “Company”), each subsidiary of DBM listed as a "Borrower" on the signature pages hereto (together with DBM and each other Person that executes a joinder agreement and becomes a "Borrower" hereunder, each a "Borrower" and collectively, the "Borrowers"), each subsidiary of DBM listed as a "Guarantor" on the signature pages hereto (together with each other Person that executes a joinder agreement and becomes a "Guarantor" hereunder, each a "Guarantor" and collectively, the "Guarantors"), the lenders from time to time party hereto (each a "Lender" and collectively, the "Lenders"), TCW Asset Management Company LLC ("TCW"), as collateral agent for the Secured Parties (in such capacity, together with its successors and assigns in such capacity, the "Collateral Agent"), and TCW, as administrative agent for the Lenders (in such capacity, together with its successors and assigns

Alj Regional Holdings Inc – FOURTH AMENDMENT TO FINANCING AGREEMENT (November 30th, 2018)

Financing Agreement, dated as of August 14, 2015, by and among ALJ Regional Holdings, Inc., a Delaware corporation (the "Parent"), Faneuil, Inc., a Delaware corporation ("Faneuil"), Floors-N-More, LLC, a Nevada limited liability company ("FNM"), Phoenix Color Corp., a Delaware corporation ("PCC", and together with the Parent, Faneuil, FNM and each other Person that executes a joinder agreement and becomes a "Borrower" hereunder, each a "Borrower" and collectively, the "Borrowers"), each subsidiary of the Parent listed as a "Guarantor" on the signature pages hereto (together with each other Person that executes a joinder agreement and becomes a "Guarantor" hereunder or otherwise guaranties all or any part of the Obligations (as hereinafter defined), each a "Guarantor" and collectively, the "Guarantors"), the lenders from time to time party hereto (each a "Lender" and collectively, the "Lenders"), Cerberus Business Finance, LLC, a Delaware limited liability company ("CBF"), as collateral

Cincinnati Bell Inc – FIRST AMENDMENT TO RECEIVABLES FINANCING AGREEMENT (November 23rd, 2018)

This RECEIVABLES FINANCING AGREEMENT (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”) is entered into as of May 10, 2018, among CINCINNATI BELL FUNDING LLC, a Delaware limited liability company (the “U.S. Borrower”) and CINCINNATI BELL FUNDING CANADA LTD., an Ontario corporation (the “Canadian Borrower”, and together with the U.S. Borrower, the “Borrowers”), CINCINNATI BELL INC., an Ohio corporation (“CB” or “U.S. Servicer”) and OnX Enterprise Solutions Ltd., an Ontario corporation (the “Canadian Servicer”, together with the U.S. Servicer, the “Servicers”), THE VARIOUS LENDERS, LC PARTICIPANTS AND GROUP AGENTS FROM TIME TO TIME PARTY HERETO, PNC BANK, NATIONAL ASSOCIATION, as Administrator for each Group (in such capacity, the “Administrator”), and as issuer of Letters of Credit (in such capacity, together with its successors and assigns in such capacity, the “LC Bank”), and PNC CAPITAL MARKETS, a Pennsylvania limited liability company, as

Ncr Corp – THIRD AMENDMENT TO THE RECEIVABLES FINANCING AGREEMENT (November 20th, 2018)

This RECEIVABLES FINANCING AGREEMENT (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”) is entered into as of November 21, 2014 by and among the following parties:

Reed's, Inc. – Rosenthal & Rosenthal, Inc. Financing Agreement (November 14th, 2018)

AGREEMENT dated October 4, 2018 between Reed’s Inc. (“Borrower”), a Corporation duly organized and presently existing in good standing under the laws of the State of Delaware whose chief executive office is at 201 Merritt 7 Corporate Park, Norwalk, Connecticut 06851, and ROSENTHAL & ROSENTHAL, INC. (“Lender”), a New York corporation with an address at 1370 Broadway, New York NY 10018.

Spine Injury Solutions, Inc – Financing AGREEMENT (November 13th, 2018)

This Financing Agreement (this “Agreement”) is dated as of September 5, 2018, by and among Spine Injury Solutions, Inc., a Delaware corporation (the “Company”), and Peter Dalrymple, an individual whose address is 13451 Belhaven, Houston TX 77069 (“Dalrymple”).

Rhino Resource Partners LP – FIRST AMENDMENT TO FINANCING AGREEMENT (November 9th, 2018)

FIRST AMENDMENT, dated as of November 8, 2018 (this “Amendment”), to the Financing Agreement, dated as of December 27, 2017 (as amended, supplemented, replaced or otherwise modified from time to time, the “Financing Agreement”), by and among Rhino Resource Partners LP, a Delaware limited partnership (the “Parent”), Rhino Energy LLC, a Delaware limited liability company (“Rhino”), each subsidiary of Rhino listed as a “Borrower” on the signature pages thereto (together with Rhino, each a “Borrower” and collectively, the “Borrowers”), each subsidiary of the Parent listed as a “Guarantor” on the signature pages thereto (together with the Parent and each other Person that executes a joinder agreement and becomes a “Guarantor” thereunder, each a “Guarantor” and collectively, the “Guarantors”), the lenders from time to time party thereto (each a “Lender” and collectively, the “Lenders”), Cortland Capital Market Services LLC (“Cortland”), as collateral agent for the Lenders (in such capacity,

Smtc Corp – FINANCING AGREEMENT Dated as of November 8, 2018 by and among SMTC CORPORATION, as the Parent EACH SUBSIDIARY OF THE PARENT LISTED AS A BORROWER ON THE SIGNATURE PAGES HERETO, as Borrowers, THE PARENT AND EACH SUBSIDIARY OF THE PARENT LISTED AS A GUARANTOR ON THE SIGNATURE PAGES HERETO, as Guarantors, THE LENDERS FROM TIME TO TIME PARTY HERETO, as Lenders, TCW ASSET MANAGEMENT COMPANY LLC, as Collateral Agent, and TCW ASSET MANAGEMENT COMPANY LLC, as Administrative Agent (November 9th, 2018)

Financing Agreement, dated as of November __, 2018, by and among SMTC Corporation, a Delaware corporation (the "Parent"), each subsidiary of the Parent listed as a "Borrower" on the signature pages hereto (together with each other Person that executes a joinder agreement and becomes a "Borrower" hereunder, each a "Borrower" and collectively, the "Borrowers"), each subsidiary of the Parent listed as a "Guarantor" on the signature pages hereto (together with the Parent and each other Person that executes a joinder agreement and becomes a "Guarantor" hereunder, each a "Guarantor" and collectively, the "Guarantors"), the lenders from time to time party hereto (each a "Lender" and collectively, the "Lenders"), TCW Asset Management Company LLC ("TCW"), as collateral agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, the "Collateral Agent"), and TCW Asset Management Company LLC, as administrative agent for the Lenders (in such capacity, togethe

Syneos Health, Inc. – THIRD AMENDMENT TO THE RECEIVABLES FINANCING AGREEMENT (November 6th, 2018)

This THIRD AMENDMENT TO THE RECEIVABLES FINANCING AGREEMENT (this “Amendment”), dated as of October 25, 2018, is entered into by and among the following parties:

Syneos Health, Inc. – SECOND AMENDMENT TO THE RECEIVABLES FINANCING AGREEMENT (November 6th, 2018)

This SECOND AMENDMENT TO THE RECEIVABLES FINANCING AGREEMENT (this “Amendment”), dated as of August 29, 2018, is entered into by and among the following parties:

Novelis Inc. – SAFE HARBOR STATEMENT Forward-looking statements Statements made in this presentation which describe Novelis' intentions, expectations, beliefs or predictions may be forward- looking statements within the meaning of securities laws. Forward-looking statements include statements preceded by, followed by, or including the words "believes," "expects," "anticipates," "plans," "estimates," "projects," "forecasts," or similar expressions. Examples of forward-looking statements in this presentation include statements about our ability to close the pending Aleris acquisition in nine to fifteen months (November 2nd, 2018)
Westmoreland Resource Partners, LP – WAIVER AND AMENDMENT NO. 8 TO FINANCING AGREEMENT (November 1st, 2018)

This WAIVER AND AMENDMENT NO. 8 TO FINANCING AGREEMENT (this "Waiver and Amendment" and "Amendment No. 8") is dated as of September 28, 2018 and is entered into by and among Westmoreland Resource Partners, LP, a Delaware limited partnership (the "Parent"), Oxford Mining Company, LLC, an Ohio limited liability company ("Oxford Mining"), each subsidiary of the Parent listed as a "Guarantor" on the signature pages hereto (together with the Parent, each an "Existing Guarantor" and collectively, the "Existing Guarantors"), the Lenders referred to below, U.S. Bank National Association, a California corporation ("U.S. Bank"), as collateral agent for the Lenders referred to below (in such capacity, together with its successors and assigns in such capacity, the "Collateral Agent"), and U.S. Bank, as administrative agent for the Lenders referred to below (in such capacity, together with its successors and assigns in such capacity, the "Administrative Agent," and together with the Collateral Agen

Westmoreland Resource Partners, LP – WAIVER AND AMENDMENT NO. 7 TO FINANCING AGREEMENT (November 1st, 2018)

This WAIVER AND AMENDMENT NO. 7 TO FINANCING AGREEMENT (this "Waiver and Amendment" and "Amendment No. 7") is dated as of September 7, 2018 and is entered into by and among Westmoreland Resource Partners, LP, a Delaware limited partnership (the "Parent"), Oxford Mining Company, LLC, an Ohio limited liability company ("Oxford Mining"), each subsidiary of the Parent listed as a "Guarantor" on the signature pages hereto (together with the Parent, each an "Existing Guarantor" and collectively, the "Existing Guarantors"), the Lenders referred to below, U.S. Bank National Association, a California corporation ("U.S. Bank"), as collateral agent for the Lenders referred to below (in such capacity, together with its successors and assigns in such capacity, the "Collateral Agent"), and U.S. Bank, as administrative agent for the Lenders referred to below (in such capacity, together with its successors and assigns in such capacity, the "Administrative Agent," and together with the Collateral Agent

Westmoreland Resource Partners, LP – WAIVER AND AMENDMENT NO. 6 TO FINANCING AGREEMENT (November 1st, 2018)

This WAIVER AND AMENDMENT NO. 6 TO FINANCING AGREEMENT (this "Waiver and Amendment" and "Amendment No. 6") is dated as of July 31, 2018 and is entered into by and among Westmoreland Resource Partners, LP, a Delaware limited partnership (the "Parent"), Oxford Mining Company, LLC, an Ohio limited liability company ("Oxford Mining"), each subsidiary of the Parent listed as a "Guarantor" on the signature pages hereto (together with the Parent, each an "Existing Guarantor" and collectively, the "Existing Guarantors"), the Lenders referred to below, U.S. Bank National Association, a California corporation ("U.S. Bank"), as collateral agent for the Lenders referred to below (in such capacity, together with its successors and assigns in such capacity, the "Collateral Agent"), and U.S. Bank, as administrative agent for the Lenders referred to below (in such capacity, together with its successors and assigns in such capacity, the "Administrative Agent," and together with the Collateral Agent, ea

APPlife Digital Solutions Inc – EQUITY FINANCING AGREEMENT (October 18th, 2018)

This EQUITY FINANCING AGREEMENT (the “Agreement”), dated as of April 4, 2018 (the “Execution Date”), is entered into by and between Applife Digital Solutions, Inc., a Nevada corporation with its principal executive office at 338 N. Market St., #161, San Jose, CA 95110 (the “Company”),and GHS Investments LLC, a Nevada limited liability company, with offices at 420 Jericho Turnpike, Suite 207, Jericho, NY 11753. (the “Investor”).

APPlife Digital Solutions Inc – EQUITY FINANCING AGREEMENT (October 3rd, 2018)

This EQUITY FINANCING AGREEMENT (the “Agreement”), dated as of April 4, 2018 (the “Execution Date”), is entered into by and between Applife Digital Solutions, Inc., a Nevada corporation with its principal executive office at 338 N. Market St., #161, San Jose, CA 95110 (the “Company”),and GHS Investments LLC, a Nevada limited liability company, with offices at 420 Jericho Turnpike, Suite 207, Jericho, NY 11753. (the “Investor”).

Financial Gravity Companies, Inc. – AMENDMENT TO EQUITY FINANCING AGREEMENT (September 24th, 2018)

THIS AMENDMENT TO EQUITY FINANCING AGREEMENT (the Amendment”) is entered into on September 4, 2018 and made effective as of May 23, 2017 by and between Financial Gravity Companies, Inc., a Nevada corporation (the “Company”) and GHS Investments, LLC, a Nevada limited liability company (the “Investor”). Each party to this Amendment is referred to herein as a “Party,” and collectively as the “Parties.”

Herc Holdings Inc – RECEIVABLES FINANCING AGREEMENT (September 21st, 2018)

This RECEIVABLES FINANCING AGREEMENT (together with the Exhibits, Schedules and Annexes hereto, in each case, as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”), dated as of September 17, 2018, is by and among HERC RECEIVABLES U.S. LLC, a Delaware limited liability company (the “US Borrower”), and THE ADDITIONAL CANADIAN BORROWER TO THE EXTENT ADDED AS A PARTY HERETO, as co-borrowers (each, a “Borrower” and, collectively, the “Borrowers”), HERC RENTALS INC., a Delaware corporation (“Herc”), individually and as initial servicer (in such capacity, together with its successors and permitted assigns in such capacity, the “Servicer”) and as performance guarantor (in such capacity, together with its successors and permitted assigns in such capacity, the “Performance Guarantor”), the LENDERS and MANAGING AGENTS (in each case, as defined herein) from time to time party hereto, and CREDIT AGRICOLE CORPORATE AND INVESTMENT BANK (“CACIB”), as Administrat

Sunshine Biopharma, Inc – EQUITY FINANCING AGREEMENT (September 14th, 2018)

This EQUITY FINANCING AGREEMENT (the “Agreement”), dated as of September 10, 2018 (the “Execution Date”), is entered into by and between Sunshine Biopharma, Inc., a Colorado corporation with its principal executive office at 6500 Trans-Canada Highway, 4th Floor, Pointe-Claire, Quebec, Canada H9R 0A5 (the “Company”), and GHS Investments LLC, a Nevada limited liability company, with offices at 420 Jericho Turnpike, Suite 207, Jericho, NY 11753 (the “Investor”).