Indiana Sample Contracts

Foundation Building Materials, Inc. – TERM LOAN CREDIT AGREEMENT Dated as of August 13, 2018, Among FBM ALPHA LLC, as Holdings, FOUNDATION BUILDING MATERIALS HOLDING COMPANY LLC, as the Borrower, THE LENDERS PARTY HERETO and ROYAL BANK OF CANADA, as Administrative Agent RBC CAPITAL MARKETS1, GOLDMAN SACHS BANK USA, SUNTRUST ROBINSON HUMPHREY, INC. And STIFEL SYNDICATED CREDIT LLC, as Joint Lead Arrangers and Joint Bookrunners (August 17th, 2018)
Zekelman Industries, Inc. – AMENDED AND RESTATED CREDIT AGREEMENT Dated as of June 14, 2016 Among ZEKELMAN INDUSTRIES, INC., as the Borrower, GOLDMAN SACHS LENDING PARTNERS LLC, as Administrative Agent and Collateral Agent, the Other Lenders Party Hereto, and GOLDMAN SACHS LENDING PARTNERS LLC and JPMORGAN CHASE BANK, N.A., as Arrangers and Bookrunners (August 17th, 2018)

This AMENDED AND RESTATED CREDIT AGREEMENT (as amended, restated, supplemented, waived, replaced (whether or not upon termination, and whether with the original lenders or otherwise), this Agreement) is entered into as of June 14, 2016, among ZEKELMAN INDUSTRIES, INC. (formerly known as JMC Steel Group, Inc.), a Delaware corporation (the Company or the Borrower), each lender from time to time party hereto (collectively, the Lenders and each, individually, a Lender), GOLDMAN SACHS LENDING PARTNERS LLC (Goldman Sachs) and JPMORGAN CHASE BANK, N.A. (JPMorgan), as Arrangers and Bookrunners, and Goldman Sachs, as Administrative Agent and Collateral Agent (in such capacity, the Agent).

Foundation Building Materials, Inc. – ABL CREDIT AGREEMENT Dated as of August 13, 2018 Among FBM ALPHA LLC, as Holdings, FOUNDATION BUILDING MATERIALS HOLDING COMPANY LLC, as the Lead Borrower, THE ADDITIONAL US BORROWERS PARTY HERETO, THE CANADIAN BORROWERS PARTY HERETO, THE LENDERS PARTY HERETO, BANK OF AMERICA, N.A., as Administrative Agent, and MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED, GOLDMAN SACHS BANK USA, RBC CAPITAL MARKETS1, and SUNTRUST ROBINSON HUMPHREY, as Joint Lead Arrangers and Joint Bookrunners (August 17th, 2018)
Mid-Southern Bancorp, Inc. – Mid-Southern Savings Bank, FSB 2010 Equity Incentive Plan (August 17th, 2018)
Double Eagle Acquisition Corp. – Third Amendment to the Abl Credit Agreement (August 16th, 2018)

This Third Amendment (this Amendment) to the ABL Credit Agreement referred to below is dated as of August 15, 2018 and is entered into by and among Williams Scotsman International, Inc., a Delaware corporation (WS International or Administrative Borrower), Williams Scotsman, Inc., a Maryland corporation (WSI), WillScot Equipment II, LLC, a Delaware limited liability company (WillScot), Acton Mobile Holdings, LLC, a Delaware limited liability company (Acton Mobile), New Acton Mobile Industries LLC, a Delaware limited liability company (New Acton), Onsite Space LLC, an Indiana limited liability company (Onsite Space and, together with WS International and WSI, WillScot, Acton Mobile and New Acton, each, a U.S. Borrower and, collectively, the U.S. Borrowers), Williams Scotsman of Canada, Inc., a corporation incorporated under the Business Corporations Act (Ontario) (the Canadian Borrower and, together with the U.S. Borrowers, the Borrowers and each, a Borrower), William Scotsman Holdings

AMENDED AND RESTATED REVOLVING CREDIT, Term Loan AND SECURITY AGREEMENT PNC BANK, NATIONAL ASSOCIATION (AS a REVOLVING LENDER AND AS AGENT) STEEL CITY CAPITAL FUNDING, a DIVISION OF PNC BANK, NATIONAL ASSOCIATION (AS a TERM LOAN LENDER) WITH UNIVERSAL LOGISTICS HOLDINGS, INC., UNIVERSAL TRUCKLOAD, INC., UNIVERSAL DEDICATED, INC. Mason Dixon Intermodal, Inc., LOGISTICS INSIGHT CORP., UNIVERSAL LOGISTICS SOLUTIONS INTERNATIONAL, INC., UNIVERSAL SPECIALIZED, INC., CAVALRY LOGISTICS, LLC, UNIVERSAL MANAGEMENT SERVICES, INC., Fore Transportation Inc., Fore Transport, Inc., 4 Cargo Llc, Southern Cou (August 16th, 2018)

Amended and Restated Revolving Credit, Term Loan and Security Agreement dated as of August 10, 2018 among Universal Logistics Holdings, Inc., a corporation organized under the laws of the State of Michigan ("Holdings"), Universal Truckload, Inc., a corporation organized under the laws of the State of Delaware ("UTI"), Universal Dedicated, Inc., a corporation organized under the laws of the State of Michigan ("UDI"), Mason Dixon Intermodal, Inc. (dba Universal Intermodal Services, Inc.), a corporation organized under the laws of the State of Michigan ("Mason Dixon"), Logistics Insight Corp., a corporation organized under the laws of the State of Michigan ("Logistics"), Universal Logistics Solutions International, Inc., a corporation organized under the laws of the State of Illinois ("Solutions"), Universal Specialized, Inc., a corporation organized under the laws of the State of Michigan ("Specialized"), Cavalry Logistics, LLC, a limited liability company organized under the laws of the

Ipsco Tubulars Inc – Second Amendment to Credit Agreement (August 16th, 2018)

This SECOND AMENDMENT TO CREDIT AGREEMENT (this Amendment), is dated as of July 16, 2018, by and among (i) IPSCO TUBULARS INC., a Delaware corporation (IPSCO), (ii) TMK IPSCO INTERNATIONAL, L.L.C., a Delaware limited liability company (TMK IPSCO), (iii) IPSCO KOPPEL TUBULARS, L.L.C., a Delaware limited liability company (IPSCO Koppel), (iv) IPSCO TUBULARS (KY), L.L.C., a Delaware limited liability company (IPSCO Kentucky), (v) ULTRA PREMIUM SERVICES, L.L.C., a Delaware limited liability company (ULTRA; and together with IPSCO, TMK IPSCO, IPSCO Koppel, and IPSCO Kentucky, each, individually, a Borrower, and collectively, the Borrowers), (vi) TMK NSG, L.L.C., a Delaware limited liability company (TMK NSG; and together with the Borrowers, each, a Loan Party, and collectively, the Loan Parties), 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), and JPMORGAN CHASE BANK, N.A

News Corp – FOXTEL MANAGEMENT PTY LIMITED (ABN 65 068 671 938) in Its Own Capacity as Guaranteed By: SKY CABLE PTY LIMITED (ABN 14 069 799 640) TELSTRA MEDIA PTY LIMITED (ABN 72 069 279 027) FOXTEL MANAGEMENT PTY LIMITED (ABN 65 068 671 938) in Its Capacity as Agent for the Partners as a Partnership Carrying on the Business of the FOXTEL Partnership and as Agent for the FOXTEL Television Partnership and the FOXTEL GROUP MEMBER GUARANTORS U.S.$180,000,000 5.04% Series a Guaranteed Senior Secured Notes Due 2014 5.83% Series B Guaranteed Senior Secured Notes Due 2016 6.20% Series C Guaranteed Senior Secured (August 15th, 2018)
Consent and Fifth Amendment to Senior Secured Credit Agreement (August 14th, 2018)

This CONSENT AND FIFTH AMENDMENT TO SENIOR SECURED CREDIT AGREEMENT, dated as of July 11, 2018 (this "Fifth Amendment"), is entered into by and among Williams Industrial Services Group Inc. (f/k/a Global Power Equipment Group Inc.) ("Borrower"), each financial institution from time to time party hereto as lender (each, a "Lender" and collectively, the "Lenders"), and CENTRE LANE PARTNERS MASTER CREDIT FUND II, L.P., a Delaware limited partnership, as administrative agent for the Lenders (in such capacity, and together with its successors and assigns, the "Administrative Agent") and as collateral agent for the Lenders (in such capacity, and together with its successors and assigns, the "Collateral Agent").

M III Acquisition Corp. – Purchase and Sale Agreement* (August 14th, 2018)

This PURCHASE AND SALE AGREEMENT (this "Agreement") is made as of August 9, 2018, by and among IEA Energy Services LLC, a Delaware limited liability company ("Buyer"), Consolidated Construction Solutions I LLC, a Delaware limited liability company (the "Company"), Consolidated Construction Investment Holdings LLC, a Delaware limited liability company ("Seller").

Acura Pharmaceuticals – Fourth Amendment to Loan and Security Agreement (August 14th, 2018)

THIS FOURTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (this "Amendment") is entered into as of June 6, 2018 (the "Fourth Amendment Date"), by and among OXFORD FINANCE LLC, a Delaware limited liability company with an office located at 133 North Fairfax Street, Alexandria, Virginia 22314 (in its individual capacity, "Oxford"; and in its capacity as Collateral Agent, "Collateral Agent"), the Lenders listed on Schedule 1.1 thereof from time to time including Oxford in its capacity as a Lender (each a "Lender" and collectively, the "Lenders") and ACURA PHARMACEUTICALS, INC., a New York corporation with offices located at 616 N. North Court, Suite 120, Palatine, Illinois ("Parent"), and ACURA PHARMACEUTICAL TECHNOLOGIES, INC., an Indiana corporation with offices locates at 16235 State Road 17, Culver, IN 46511 ("APT", and along with Parent, individually and collectively, jointly and severally, "Borrower").

Acura Pharmaceuticals – Subordination Agreement (August 14th, 2018)

This Subordination Agreement (the "Agreement") is made as of May 7, 2018, by and between JOHN SCHUTTE, an individual (the "Creditor"), and OXFORD FINANCE LLC, a Delaware limited liability company with an office located at 133 North Fairfax Street, Alexandria, Virginia 22314, in its capacity as Collateral Agent (as hereinafter defined) for the Lenders (as hereinafter defined).

Performant Financial Corp. – Second Amendment To (August 10th, 2018)

THIS SECOND AMENDMENT TO CREDIT AGREEMENT, dated as of August __, 2018 (the "Amendment"), is by and among Performant Business Services, Inc., a Nevada corporation (the "Borrower") and ECMC Group, Inc., a Delaware non-profit corporation (the "Lender").

SECTION 382 TAX BENEFITS PRESERVATION PLAN by and Between CELADON GROUP, INC. And (August 10th, 2018)

WHEREAS, the Company and certain of its Subsidiaries (as hereinafter defined) have generated certain Tax Benefits (as hereinafter defined) for United States federal income tax purposes which may potentially provide valuable benefits to the Company;

Puradyn Filter Technologies – First Amendment to Lease (August 9th, 2018)

THIS FIRST AMENDMENT TO LEASE (this "Amendment") is made as of the 29th day of June, 2018, by and between DUKE PGC AT QUANTUM 1-9, LLC, a Delaware limited liability company ("Landlord"), and PURADYN FILTER TECHNOLOGIES INCORPORATED, a Delaware corporation ("Tenant").

Supplement 26 to Amended and Restated Master Professional Services Agreement (August 9th, 2018)

This Supplement 26 (this "Supplement") is made and entered into as of June 24, 2018 (the "Supplement Effective Date") by and between Ascension Health ("Ascension Health") and R1 RCM Inc., f/k/a Accretive Health, Inc. ("Supplier") (together, the "Parties"). Capitalized terms used herein and not otherwise defined shall have the meanings ascribed to such terms in the MPSA (as defined below).

Impac Mortgage Holdings, Inc. – Confirmation and Amendment of Loan Documents (August 9th, 2018)

THIS CONFIRMATION AND AMENDMENT OF LOAN DOCUMENTS ("Confirmation and Amendment"), is executed to be effective as of May 16, 2018, by and between IMPAC MORTGAGE CORP., a California corporation (hereinafter referred to as "Borrower"), and MERCHANTS BANK OF INDIANA (hereinafter referred to as "Lender");

Us Xpress Enterprises – CREDIT AGREEMENT Dated as of June 18, 2018 by and Among U.S. XPRESS ENTERPRISES, INC., as the Borrower, CERTAIN SUBSIDIARIES OF THE BORROWER PARTY HERETO, as the Guarantors, BANK OF AMERICA, N.A., as Administrative Agent, Swingline Lender, and L/C Issuer, and THE OTHER LENDERS PARTY HERETO MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED, WELLS FARGO SECURITIES, LLC, and JPMORGAN CHASE BANK, N.A., as Joint Lead Arrangers and Joint Bookrunners (August 9th, 2018)

This CREDIT AGREEMENT is entered into as of June 18, 2018, by and among U.S. XPRESS ENTERPRISES, INC., a Nevada corporation (the "Borrower"), the Guarantors party hereto, the Lenders party hereto, and BANK OF AMERICA, N.A., as Administrative Agent, Swingline Lender, and L/C Issuer.

Indiana Michigan Power Co – Company Order and Officers' Certificate 4.25% Senior Notes, Series N, Due 2048 (August 8th, 2018)
SECOND AMENDMENT TO VECTREN CORPORATION AT-RISK COMPENSATION PLAN as Amended and Restated May 24, 2016 and Further Amended Effective May 1, 2018 (August 8th, 2018)

Vectren Corporation, an Indiana corporation (the "Company"), having previously adopted the Vectren Corporation At-Risk Compensation Plan, as amended and restated May 24, 2016 (the "Plan"), and having the right to amend the Plan under Section 12.7 of the Plan, does hereby amend Article X of the Plan to amend Section 10.1(d) and Section 10.6, effective as of September 1, 2018:

Re:General Release of Claims Agreement (August 8th, 2018)

This letter (this "Agreement") provides notice to you that effective today, May 31, 2018 (the "Separation Date"), your employment with Assembly Biosciences, Inc. (the "Company") is being terminated without Cause pursuant to Section 9(e) of that certain Employment Agreement by and between you and the Company entered into as of January 15, 2014, with an effective date of December 22, 2013 (the "Employment Agreement"). Each capitalized term used herein and not otherwise defined shall have the meaning assigned to such term in the Employment Agreement. The Company thanks you for your contributions and wishes you well in your future endeavors.

Baldwin & Lyons – Severance Pay, Release and Waiver of Rights (August 8th, 2018)
Baldwin & Lyons – Severance, Confidentiality, Non-Competition, and Non-Solicitation Agreement (August 8th, 2018)

This SEVERANCE, CONFIDENTIALITY, NON-COMPETITION, AND NON-SOLICITATION AGREEMENT (this "Agreement") is made and entered into as of May 10, 2018 (the "Effective Date"), by and between Baldwin & Lyons, Inc., an Indiana corporation (the "Company"), and W. Randall Birchfield (the "Executive").

Baldwin & Lyons – Severance, Confidentiality, Non-Competition, and Non-Solicitation Agreement (August 8th, 2018)

This SEVERANCE, CONFIDENTIALITY, NON-COMPETITION, AND NON-SOLICITATION AGREEMENT (this "Agreement") is made and entered into as of June 22, 2018 (the "Effective Date"), by and between Baldwin & Lyons, Inc., an Indiana corporation (the "Company"), and Matthew A. Thompson (the "Executive").

Double Eagle Acquisition Corp. – First Amendment to the Abl Credit Agreement (August 8th, 2018)

This First Amendment (this "Amendment") to the ABL Credit Agreement referred to below is dated as of July 9, 2018 and is entered into by and among Williams Scotsman International, Inc., a Delaware corporation ("WS International" or "Administrative Borrower"), Williams Scotsman, Inc., a Maryland corporation ("WSI"), WillScot Equipment II, LLC, a Delaware limited liability company ("WillScot"), Acton Mobile Holdings, LLC, a Delaware limited liability company ("Acton Mobile"), New Acton Mobile Industries LLC, a Delaware limited liability company ("New Acton"), Onsite Space LLC, an Indiana limited liability company ("Onsite Space" and, together with WS International and WSI, WillScot, Acton Mobile and New Acton, each, a "U.S. Borrower" and, collectively, the "U.S. Borrowers"), Williams Scotsman of Canada, Inc., a corporation incorporated under the Business Corporations Act (Ontario) (the "Canadian Borrower" and, together with the U.S. Borrowers, the "Borrowers" and each, a "Borrower"), Wil

Fifteenth Amendment to Third Amended and Restated Credit Agreement (August 8th, 2018)

This FIFTEENTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT (this "Amendment"), dated as of June 19, 2018, is by and among COVENANT TRANSPORT, INC., a Tennessee corporation ("CTI"), CTG LEASING COMPANY, a Nevada corporation ("CTGL"), SOUTHERN REFRIGERATED TRANSPORT, INC., an Arkansas corporation ("SRT"), COVENANT ASSET MANAGEMENT, LLC, a Nevada limited liability company ("CAM"), COVENANT TRANSPORT SOLUTIONS, LLC, a Nevada limited liability company formerly known as Covenant Transport Solutions, Inc. ("CTS"), and STAR TRANSPORTATION, INC., a Tennessee corporation ("Star", and together with CTI, CTGL, SRT, CAM, and CTS, individually an "Existing Borrower" and collectively, "Existing Borrowers"), COVENANT LOGISTICS, INC., a Nevada corporation ("Logistics" or "New Borrower" and together with the Existing Borrowers, the "Borrowers"), COVENANT TRANSPORTATION GROUP, INC., a Nevada corporation and the owner (directly or indirectly) of all of the issued and outstanding capital stock

Consulting Agreement (August 8th, 2018)

This CONSULTING AGREEMENT (this "Consulting Agreement") is executed as of May 31, 2018 to be effective as of June 1, 2018 (the "Effective Date"), by and between Assembly Biosciences, Inc., a Delaware corporation with its principal place of business at 11711 N. Meridian Street, Suite 301, Carmel, IN 46032 (the "Company"), and David J. Barrett residing at 3290 Creamery Rd., New Hope, PA 18938-5630 (the "Consultant"). This Consulting Agreement is being entered into by the parties pursuant to that certain Separation Agreement dated May 31, 2018 (the "Separation Agreement") and is Exhibit A to such Separation Agreement.

Double Eagle Acquisition Corp. – Second Amendment to the Abl Credit Agreement (August 8th, 2018)

This Second Amendment (this "Amendment") to the ABL Credit Agreement referred to below is dated as of July 24, 2018 and is entered into by and among Williams Scotsman International, Inc., a Delaware corporation ("WS International" or "Administrative Borrower"), Williams Scotsman, Inc., a Maryland corporation ("WSI"), WillScot Equipment II, LLC, a Delaware limited liability company ("WillScot"), Acton Mobile Holdings, LLC, a Delaware limited liability company ("Acton Mobile"), New Acton Mobile Industries LLC, a Delaware limited liability company ("New Acton"), Onsite Space LLC, an Indiana limited liability company ("Onsite Space" and, together with WS International and WSI, WillScot, Acton Mobile and New Acton, each, a "U.S. Borrower" and, collectively, the "U.S. Borrowers"), Williams Scotsman of Canada, Inc., a corporation incorporated under the Business Corporations Act (Ontario) (the "Canadian Borrower" and, together with the U.S. Borrowers, the "Borrowers" and each, a "Borrower"), W

Conifer Holdings, Inc. – CONIFER HOLDINGS, INC. ___________________________________ FIRST AMENDMENT Dated as of June 21, 2018 to the NOTE PURCHASE AGREEMENT Dated as of September 29, 2017 ___________________________________ RE: $30,000,000 8% Subordinated Notes Due 2032 (August 8th, 2018)
MASTER LEASE AND SECURITY AGREEMENT Between the Entities That Are Signatories Hereto as "Landlord", as Landlord and the Entities That Are Signatories Hereto as "Tenant", as Tenant (August 7th, 2018)

This MASTER LEASE AND SECURITY AGREEMENT (this "Lease") is entered into as of April 26, 2018 (the "Effective Date") by and between each of the entities identified on Schedule 1 as a Landlord (individually and collectively, "Landlord"), and each of the entities identified on Schedule 1 as a Tenant (individually and collectively, "Tenant").

Second Amended and Restated Schedules to Fourth Amended and Restated Omnibus Agreement (August 7th, 2018)
Second Amendment to Intercreditor Agreement (August 7th, 2018)

This SECOND AMENDMENT TO INTERCREDITOR AGREEMENT (this "Amendment") dated as of August 4, 2015, is made by and among Federal Insurance Company, an Indiana corporation ("Federal"); American Home Assurance Company, National Union Fire Insurance Company of Pittsburgh, Pa., and The Insurance Company of the State of Pennsylvania (collectively "AIG"); Liberty Mutual Insurance Company, a Massachusetts company, Liberty Mutual Fire Insurance Company, and Safeco Insurance Company of America (collectively, "Liberty Mutual"); and Bank of America, N.A., a national banking association, as Lender Agent on behalf of the other Lender Parties.

National Storage Affiliates Trust – Credit Agreement (August 7th, 2018)

This CREDIT AGREEMENT (this "Agreement") dated as of June 30, 2016, by and among NSA OP, LP, a limited partnership formed under the laws of the State of Delaware (the "Borrower"), the Lenders from time to time party hereto, and CAPITAL ONE, NATIONAL ASSOCIATION, as Administrative Agent, and joined in for certain purposes by certain Subsidiaries of the Borrower and NATIONAL STORAGE AFFILIATES TRUST, a Maryland real estate investment trust ("NSA REIT" or the "Parent Guarantor").

Tesoro Logistics Lp Common Unit – Second Amended and Restated Schedules to Fourth Amended and Restated Omnibus Agreement (August 7th, 2018)
Seventh Amendment to Underwriting, Continuing Indemnity and Security Agreement (August 7th, 2018)

This SEVENTH AMENDMENT TO UNDERWRITING, CONTINUING INDEMNITY AND SECURITY AGREEMENT (this "Amendment"), dated as of August 4, 2015, is made by and among Federal Insurance Company, an Indiana corporation ("Federal"); American Home Assurance Company, National Union Fire Insurance Company of Pittsburgh, Pa., and The Insurance Company of the State of Pennsylvania (collectively "AIG"); Liberty Mutual Insurance Company, a Massachusetts company, Liberty Mutual Fire Insurance Company, and Safeco Insurance Company of America (collectively, "Liberty Mutual"); Quanta Services, Inc., a Delaware corporation ("Quanta") and an Indemnitor; the other undersigned Indemnitors; and the Stallone Companies (as hereinafter defined).