Iowa Sample Contracts

FOURTH AMENDED AND RESTATED CREDIT AGREEMENT Dated as of October 17, 2018 Among CURTISS-WRIGHT CORPORATION and CERTAIN SUBSIDIARIES THEREOF, as Borrowers, BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer, and the Other Lenders Party Hereto MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED, JPMORGAN CHASE BANK, N.A. And WELLS FARGO SECURITIES, LLC, as Joint Lead Arrangers and Joint Bookrunners, and JPMORGAN CHASE BANK, N.A. And WELLS FARGO BANK, NATIONAL ASSOCIATION, as Syndication Agents, and CITIZENS BANK, N.A., as Documentation Agent (October 19th, 2018)

This FOURTH AMENDED AND RESTATED CREDIT AGREEMENT ("Agreement") is entered into as of October 17, 2018, by and among CURTISS-WRIGHT CORPORATION, a Delaware corporation (the "Company"), CERTAIN SUBSIDIARIES OF THE COMPANY PARTY HERETO PURSUANT TO SECTION 2.14 (each a "Designated Borrower" and, together with the Company, the "Borrowers" and, each a "Borrower"), EACH LENDER FROM TIME TO TIME PARTY HERETO (collectively, the "Lenders" and individually, a "Lender"), BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer (as each term is defined herein), JPMORGAN CHASE BANK, N.A. and WELLS FARGO BANK, NATIONAL ASSOCIATION, as syndication agents (in such capacity, the "Syndication Agents"), and CITIZENS BANK, N.A., as documentation agent (in such capacity, the "Documentation Agent").

Vapotherm Inc – CREDIT AGREEMENT AND GUARANTY Dated as of April 6, 2018 Among VAPOTHERM, INC. As the Borrower, CERTAIN SUBSIDIARIES THAT MAY BE REQUIRED TO PROVIDE GUARANTEES FROM TIME TO TIME HEREUNDER, as the Guarantors, THE LENDERS FROM TIME TO TIME PARTY HERETO, as the Lenders, and PERCEPTIVE CREDIT HOLDINGS II, LP as the Administrative Agent U.S. $42,500,000 (October 19th, 2018)
Employment Agreement (October 17th, 2018)

This Employment Agreement (the "Agreement") among UNITED RENTALS, INC., UNITED RENTALS (NORTH AMERICA), INC., both Delaware corporations, each having a principal place of business at 100 First Stamford Place - Suite 700, Stamford, CT 06902 (United Rentals, Inc. and its subsidiaries and other affiliates are referred to collectively as the "Company"), and ANDREW LIMOGES ("Employee" or "you") is hereby entered into as of October 12, 2018.

Gaming & Leisure Properties, Inc. – Fourth Amendment to Master Lease (October 16th, 2018)
Incremental Joinder Agreement No. 1 (October 15th, 2018)

AMENDED AND RESTATED CREDIT AGREEMENT, dated as of January 19, 2017 (this Agreement), among PENN NATIONAL GAMING, INC., a Pennsylvania corporation (Borrower); the GUARANTORS party hereto from time to time; the LENDERS from time to time party hereto; the L/C LENDERS party hereto; BANK OF AMERICA, N.A., as swingline lender (in such capacity, together with its successors in such capacity, Swingline Lender); BANK OF AMERICA, N.A., as administrative agent (in such capacity, together with its successors in such capacity, Administrative Agent); and BANK OF AMERICA, N.A., as collateral agent (in such capacity, together with its successors in such capacity, Collateral Agent).

Employment Agreement (October 12th, 2018)
Lincolnway Energy – Contract (October 11th, 2018)
Lincolnway Energy – Contract (October 11th, 2018)
Green Plains Partners LP – Asset Purchase Agreement (October 10th, 2018)

This Asset Purchase Agreement (this "Agreement") is made and entered into as of October 8, 2018, by and among Green Plains Partners LP, a Delaware limited partnership (the "Partnership"), Green Plains Holdings LLC, a Delaware limited liability company (the "General Partner"), Green Plains Operating Company LLC, a Delaware limited liability company (the "Operating Company"), Green Plains Ethanol Storage LLC, a Delaware limited liability company ("Ethanol Storage LLC"), and Green Plains Logistics LLC, a Delaware limited liability company ("Logistics" and collectively with the Partnership, the General Partner, the Operating Company, and Ethanol Storage LLC, "Sellers"), Green Plains Inc., an Iowa corporation ("Green Plains"), Green Plains Bluffton LLC, Green Plains Holdings II LLC and Green Plains Trade Group LLC. Each of Sellers, Green Plains, Green Plains Bluffton LLC Green Plains Holdings II LLC and Green Plains Trade Group LLC are sometimes referred to in this Agreement individually as

ASSET PURCHASE AGREEMENT Dated as of October 8, 2018 by and Between VALERO RENEWABLE FUELS COMPANY, LLC as the Buyer and GREEN PLAINS BLUFFTON LLC AND GREEN PLAINS HOLDINGS II LLC as the Sellers (October 10th, 2018)

THIS AGREEMENT is made this 8th day of October, 2018, (the "Effective Date") by and between Valero Renewable Fuels Company, LLC, a Delaware limited liability company (the "Buyer") and Green Plains Bluffton LLC, an Indiana limited liability company ("Green Bluffton") and Green Plains Holdings II LLC, a Delaware limited liability company ("Green Holdings"). Green Bluffton and Green Holdings are sometimes herein referred to individually as a "Seller" and collectively as the "Sellers". Capitalized terms used herein have the meanings set forth in Exhibit A.

Asset Purchase Agreement (October 10th, 2018)

This Asset Purchase Agreement (this "Agreement") is made and entered into as of October 8, 2018, by and among Green Plains Partners LP, a Delaware limited partnership (the "Partnership"), Green Plains Holdings LLC, a Delaware limited liability company (the "General Partner"), Green Plains Operating Company LLC, a Delaware limited liability company (the "Operating Company"), Green Plains Ethanol Storage LLC, a Delaware limited liability company ("Ethanol Storage LLC"), and Green Plains Logistics LLC, a Delaware limited liability company ("Logistics" and collectively with the Partnership, the General Partner, the Operating Company, and Ethanol Storage LLC, "Sellers"), Green Plains Inc., an Iowa corporation ("Green Plains"), Green Plains Bluffton LLC, Green Plains Holdings II LLC and Green Plains Trade Group LLC. Each of Sellers, Green Plains, Green Plains Bluffton LLC Green Plains Holdings II LLC and Green Plains Trade Group LLC are sometimes referred to in this Agreement individually as

Consent and Third Amendment to Fifth Amended and Restated Credit Agreement (October 9th, 2018)

THIS CONSENT AND THIRD AMENDMENT TO FIFTH AMENDED AND RESTATED CREDIT AGREEMENT (this "Amendment") is made and entered into on October 8, 2018, by and among DELTA APPAREL, INC., a Georgia corporation ("Delta"), M. J. SOFFE, LLC, a North Carolina limited liability company ("Soffe"), CULVER CITY CLOTHING COMPANY, a Georgia corporation ("Culver City"), SALT LIFE, LLC, a Georgia limited liability company ("Salt Life"), DTG2GO, LLC, a Georgia limited liability company formerly known as Art Gun, LLC ("DTG2GO"; Delta, Soffe, Culver City, Salt Life, and DTG2GO, each individually, a "Borrower" and, collectively, "Borrowers"); the parties to the Credit Agreement (as defined below) from time to time as Lenders (each individually, a "Lender" and collectively, "Lenders"); and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association ("Wells Fargo"), in its capacity as agent for Lenders (together with its successors in such capacity, "Agent").

Benchmark 2018-B6 Mortgage Trust – Contract (October 9th, 2018)
SolarWinds Corp – Amended & Restated Stockholders' Agreement (October 5th, 2018)

Silver Lake Partners IV, L.P., a Delaware limited partnership (together with its Permitted Transferees, "SLP IV"), and Silver Lake Technology Investors IV, L.P., a Delaware limited partnership (collectively with SLP IV, and together with its Permitted Transferees, "Silver Lake");

Hd Supply Holdings Inc. – Separation Agreement & Release of Claims (October 2nd, 2018)

This is a Separation Agreement and Release of Claims (Agreement or Release) between HD Supply, Inc., HD Supply Holdings, Inc., their subsidiaries, affiliates, predecessors, and related entities (hereinafter collectively referred to as the Company) and William P. Stengel (the Employee).

REVOLVING CREDIT FACILITY Dated as of September 26, 2018 Among NORDSTROM, INC., as Borrower, THE FINANCIAL INSTITUTIONS NAMED HEREIN, as Lenders, BANK OF AMERICA, N.A., as Agent, Swing Line Lender and an L/C Issuer, WELLS FARGO BANK, NATIONAL ASSOCIATION, and as Co-Syndication Agents and L/C Issuers (October 2nd, 2018)

REVOLVING CREDIT AGREEMENT, dated as of September 26, 2018 (as amended, supplemented or otherwise modified from time to time, the "Agreement"), by and among NORDSTROM, INC., a Washington corporation (the "Borrower"), the Lenders (defined herein), WELLS FARGO BANK, NATIONAL ASSOCIATION and U.S. BANK NATIONAL ASSOCIATION, as co-syndication agents (in such capacity, the "Syndication Agents") and L/C Issuers and BANK OF AMERICA, N.A., as administrative agent for the Lenders (in such capacity, and any successor in such capacity, the "Agent"), Swing Line Lender and an L/C Issuer. The Lenders, the Syndication Agents, the Agent, the L/C Issuers and the Swing Line Lender are collectively referred to herein as the "Lender Parties" and each individually as a "Lender Party."

Eldorado Resorts, Inc. – Contract (October 1st, 2018)
Southwest Iowa Renewable Energy, Llc – Contract (September 28th, 2018)
Bank 2018-Bnk14 – Contract (September 27th, 2018)
Bank 2018-Bnk14 – Contract (September 27th, 2018)
Interstate Power & Light Co – September 26, 2018 Interstate Power and Light Company Alliant Energy Tower (September 26th, 2018)
M III Acquisition Corp. – CREDIT AND GUARANTEE AGREEMENT Among (September 26th, 2018)

WHEREAS, on the Closing Date, pursuant to that certain Purchase and Sale Agreement, dated as of August 9, 2018 (as in effect on and delivered to the Administrative Agent as of such date and, subject to Section 6.01(d), with such amendments, restatements, supplements, consents, waivers and other modifications thereof, together with the exhibits and disclosure schedules thereto, the "Closing Date Acquisition Agreement"), by and among the Borrower, as buyer, Consolidated Construction Solutions I LLC, a Delaware limited liability company, as the company (the "Target") and Consolidated Construction Investment Holdings LLC, a Delaware limited liability company, as the seller, the Borrower will purchase 100% of the issued and outstanding limited liability company membership interests in the Target (together with its Subsidiaries, the "Acquired Business") (the "Closing Date Acquisition");

Flexsteel Industries, Inc. – Retirement Agreement and Release (September 26th, 2018)

This RETIREMENT AGREEMENT AND RELEASE (the "Agreement") is made by and between Flexsteel Industries, Inc. (the "Company") and Karel Czanderna (referred to herein as "Executive") (Executive and the Company, collectively, the "Parties").

Interstate Power & Light Co – INTERSTATE POWER AND LIGHT COMPANY OFFICERS CERTIFICATE Dated as of September 26, 2018 Setting Forth Terms of a Series of Debt Securities 4.100% Senior Debentures Due 2028 Pursuant to the Indenture Dated as of August 20, 2003 (September 26th, 2018)
Hypersolar Inc – Contract (September 25th, 2018)

THIS AGREEMENT effective this 1st of June, 2018, by and between HyperSolar, Inc (hereafter referred to as "Sponsor") and The University of Iowa, Iowa City, Iowa, a non-profit educational institution (hereinafter referred to as "University").

Eldorado Resorts, Inc. – DELTA MERGER SUB, INC. (To Be Assumed by Eldorado Resorts, Inc.) 6% SENIOR NOTES DUE 2026 INDENTURE Dated as of September 20, 2018 U.S. Bank National Association as Trustee (September 20th, 2018)
S&W Seed Company – Fourth Amendment to Contract Alfalfa Production Services Agreement (September 20th, 2018)

This Fourth Amendment to Contract Alfalfa Production Services Agreement (this "Amendment") is made this 2nd day of August, 2018, by and between Pioneer Hi-Bred International, Inc., an Iowa corporation ("Pioneer"), and S&W Seed Company, a Nevada corporation ("Contractor") Pioneer and Contractor are collectively referred to herein as the "Parties" and each individually as a "Party".

SUPERSEDING AND AMENDED DEFINITIVE CLASS SETTLEMENT AGREEMENT OF THE RULE 23(b)(3) CLASS PLAINTIFFS AND THE DEFENDANTS (September 18th, 2018)

Subject to the approval of the Court, and as further set forth below, this Superseding and Amended Definitive Class Settlement Agreement of the Rule 23(b)(3) Class Plaintiffs and the Defendants (the "Superseding and Amended Class Settlement Agreement"), which amends, modifies, and supersedes the Definitive Class Settlement Agreement (as defined herein), is made as of the 17th day of September, 2018, by and among the Rule 23(b)(3) Class Plaintiffs defined below, individually and as representatives of the Rule 23(b)(3) Settlement Class defined below, the Rule 23(b)(3) Class Counsel defined below, and the Defendants defined below.

SUPERSEDING AND AMENDED DEFINITIVE CLASS SETTLEMENT AGREEMENT OF THE RULE 23(b)(3) CLASS PLAINTIFFS AND THE DEFENDANTS (September 18th, 2018)

Subject to the approval of the Court, and as further set forth below, this Superseding and Amended Definitive Class Settlement Agreement of the Rule 23(b)(3) Class Plaintiffs and the Defendants (the "Superseding and Amended Class Settlement Agreement"), which amends, modifies, and supersedes the Definitive Class Settlement Agreement (as defined herein), is made as of the 17th day of September, 2018, by and among the Rule 23(b)(3) Class Plaintiffs defined below, individually and as representatives of the Rule 23(b)(3) Settlement Class defined below, the Rule 23(b)(3) Class Counsel defined below, and the Defendants defined below.

Thompson Designs – September 11, 2018 VIA EMAIL Dear David: (September 13th, 2018)

On behalf of the Board of Directors of BioPharmX Corporation (the "Company"), I am very pleased to confirm our offer to you of employment with the Company. Subject to your acceptance of this offer and the conditions set forth below, your employment with the Company shall be governed by the following terms and conditions (this "Agreement").

Streamline Health Solutions, Inc. – Employment Agreement (September 12th, 2018)

This EMPLOYMENT AGREEMENT (together with Exhibit A, the "Agreement") is entered as of September 10th, 2018, by and between Streamline Health Solutions, Inc., a Delaware corporation with its headquarters in Atlanta, Georgia (the "Company"), and Thomas J. Gibson, a resident of the state of Georgia ("Executive").

ASSET PURCHASE AGREEMENT BY AND AMONG HOUGHTON MIFFLIN HARCOURT PUBLISHING COMPANY, HOUGHTON MIFFLIN HARCOURT COMPANY (SOLELY FOR PURPOSES OF SECTIONS 8.2 AND 8.3) AND RIVERSIDE ASSESSMENTS, LLC September 12, 2018 (September 12th, 2018)
BRP Inc. – Brp Inc. (September 11th, 2018)

The information in this annual information form (the Annual Information Form) is stated as at January 31, 2018, unless otherwise indicated.

Casey's General Stores – RESTRICTED STOCK UNITS AGREEMENT (Non-Employee Director) (September 10th, 2018)

This Restricted Stock Units Agreement (the "Agreement") is made and entered into on September 5, 2018 (the "Grant Date"), pursuant to the Casey's General Stores, Inc. 2018 Stock Incentive Plan (the "Plan"). The Committee administering the Plan has selected the party specified on the execution page hereof (the "Participant") to receive the following award (the "Award") of Restricted Stock Units, each of which represents the right to receive on the applicable settlement date described in Section 1 (each a "Settlement Date") one (1) share of the Common Stock, no par value ("Stock") of Casey's General Stores, Inc., an Iowa corporation (the "Company"), on the terms and conditions set forth below to which Participant accepts and agrees:

Casey's General Stores – Casey's General Stores, Inc. 2018 Stock Incentive Plan (September 10th, 2018)