Katten Muchin Rosenman Sample Contracts

Share Cite Term
Link

Embed (HTML)
UBS Commercial Mortgage Trust 2017-C6 – Contract (December 13th, 2017)
Cempra Inc. – November 28, 2017 (December 1st, 2017)
Cempra Inc. – November 28, 2017 (December 1st, 2017)
Wells Fargo Commercial Mortgage Trust 2017-C41 – Contract (November 30th, 2017)
AmeriCredit Automobile Receivables Trust 2017-4 – Contract (November 17th, 2017)
AmeriCredit Automobile Receivables Trust 2017-4 – Contract (November 17th, 2017)
UBS Commercial Mortgage Trust 2017-C5 – Contract (November 16th, 2017)
Bank 2017-Bnk8 – Contract (November 15th, 2017)
JMP Group – CREDIT AGREEMENT by and Among BNP PARIBAS, as a Lender, the Other Lenders Party Hereto, JMP CREDIT ADVISORS CLO v LTD., as Borrower, BNP PARIBAS, as Administrative Agent, JMP CREDIT ADVISORS LLC, as Collateral Manager, and JMP INVESTMENT HOLDINGS LLC, as Preferred Investor as of [July 31], 2017 (November 9th, 2017)

THIS CREDIT AGREEMENT, dated as of [July 31], 2017 (as amended, restated, extended, supplemented or otherwise modified in writing from time to time, this "Agreement"), by and among BNP Paribas and each of the other lenders from time to time party hereto (the "Lenders"), JMP Credit Advisors CLO V Ltd. (the "Borrower"), BNP Paribas, as administrative agent (the "Administrative Agent"), JMP Credit Advisors LLC (the "Collateral Manager") and JMP Investment Holdings LLC (the "Preferred Investor").

AmeriCredit Automobile Receivables Trust 2017-4 – Contract (November 9th, 2017)
AmeriCredit Automobile Receivables Trust 2017-4 – Contract (November 9th, 2017)
DEFINITIONS AND CONSTRUCTION.2 Definitions2 Accounting Terms30 Code31 Construction31 Schedules and Exhibits32 LOAN AND TERMS OF PAYMENT.32 Revolver Advances.32 [Intentionally Omitted.]32 Borrowing Procedures.32 Payments.38 Promise to Pay; Promissory Notes.41 Interest Rates and Letter of Credit Fee: Rates, Payments, and Calculations.41 Cash Management.43 Crediting Payments44 Designated Account44 Maintenance of Loan Account; Statements of Obligations45 Fees45 Letters of Credit.46 LIBOR Option.52 Capital Requirements.55 Accordion.56 CONDITIONS; TERM OF AGREEMENT.58 Conditions Precedent to the Ini (November 7th, 2017)

THIS THIRD AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this "Agreement"), is entered into as of September 21, 2017, by and among the lenders identified on the signature pages hereof (such lenders, together with their respective successors and permitted assigns, are referred to hereinafter each individually as a "Lender" and collectively as the "Lenders"), CITY NATIONAL BANK, a national banking association ("CNB"), as the arranger and administrative agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, "Agent"), and FRESHPET, INC., a Delaware corporation ("Borrower").

Discovery Laboratories, Inc. – Exchange and Termination Agreement (November 1st, 2017)

This EXCHANGE AND TERMINATION AGREEMENT (this "Agreement") dated as of October 27, 2017 (the "Agreement Date"), is by and among Windtree Therapeutics, Inc., a Delaware corporation (f/k/a Discovery Laboratories, Inc.) ("Borrower"), Deerfield Private Design Fund II, L.P. ("DPDF II"), Deerfield Private Design International II, L.P. ("DPDI II") and Deerfield Special Situations Fund, L.P. ("DSSF," and together with DPDF II and DPDI II, "Lenders," and each, a "Lender"), and as expressly provided herein, Deerfield PDI Financing II, L.P. ("DPDI Financing II"). Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in the Facility Agreement (as defined below).

Discovery Laboratories, Inc. – Registration Rights Agreement (November 1st, 2017)

REGISTRATION RIGHTS AGREEMENT (this "Agreement"), dated as of October 27, 2017, by and among Windtree Therapeutics, Inc., a Delaware corporation (the "Company"), Deerfield Private Design Fund II, L.P. ("DPDF II"), Deerfield Private Design International II, L.P. ("DPDI II") and Deerfield Special Situations Fund, L.P. ("DSSF," and together with DPDF II and DPDI II, "Lenders," and each, a "Lender").

CURO Group Holdings Corp. – LOAN AGREEMENT by and Among CURO RECEIVABLES FINANCE I, LLC as Borrower VICTORY PARK MANAGEMENT, LLC as Agent Each of the Financial Institutions Now or Hereafter a Party Hereto as Lenders (October 24th, 2017)

This LOAN AGREEMENT is made as of November 17, 2016 by and among CURO RECEIVABLES FINANCE I, LLC, a Delaware limited liability company (Borrower Agent), and such other Persons joined hereto from time to time after the date hereof as borrowers with the prior written consent of Agent (collectively with Borrower Agent, the Borrowers and each individually is referred to as a Borrower), VICTORY PARK MANAGEMENT, LLC, as agent for Lenders and Holders (Agent), and the financial institutions from time to time party hereto (collectively, the Lenders and each individually is referred to as a Lender).

CURO Group Holdings Corp. – Amended and Restated Intercreditor Agreement (October 24th, 2017)

THIS AMENDED AND RESTATED INTERCREDITOR AGREEMENT (this Intercreditor Agreement), dated as of November 17, 2016, is by and among VICTORY PARK MANAGEMENT, LLC, as collateral agent for the First Lien Lenders defined below (in such capacity, First Lien Agent as hereinafter further defined), and WILMINGTON TRUST, NATIONAL ASSOCIATION (as successor by merger to Wilmington Trust FSB), as collateral agent under the Indenture (as hereinafter defined) for the other Second Lien Creditors defined below (together with its successors and assigns, in such capacity, Second Lien Agent as hereinafter further defined).

CURO Group Holdings Corp. – 19. Sale of Collateral Without Registration 21 20. Termination; Release 21 21. Notices, Etc 22 22. Waiver; Amendment 23 23. Successors and Assigns 23 24. Headings Descriptive 24 25. Governing Law; Submission to Jurisdiction; Venue; Waiver of Jury Trial 24 26. Pledgors Duties 25 27. Counterparts 25 28. Severability 25 29. Recourse 25 30. Additional Pledgors 25 31. Limited Obligations 25 32. Release of Pledgors 26 (October 24th, 2017)

PLEDGE AGREEMENT (as amended, modified, restated and/or supplemented from time to time, this Agreement), dated as of November 17, 2016, among each of the undersigned pledgors (each, a Pledgor and, together with any other entity that becomes a pledgor hereunder pursuant to Section 30 hereof, the Pledgors) and Victory Park Management, LLC, as collateral agent (together with any successor collateral agent, the Pledgee), for the benefit of the Secured Creditors (as defined below). Except as otherwise defined herein, all capitalized terms used herein and defined in the Credit Agreement (as defined below) shall be used herein as therein defined.

CURO Group Holdings Corp. – Contract (October 24th, 2017)
CURO Group Holdings Corp. – Security Agreement (October 24th, 2017)

SECURITY AGREEMENT, dated as of November 17, 2016 made by each of the undersigned assignors (each, an Assignor and, together with any other entity that becomes an assignor hereunder pursuant to Section 10.12 hereof, the Assignors) in favor of Victory Park Management, LLC, as collateral agent (together with any successor collateral agent, the Collateral Agent), for the benefit of the Secured Creditors (as defined below). Certain capitalized terms as used herein are defined in Article IX hereof. Except as otherwise defined herein, all capitalized terms used herein and defined in the Credit Agreement (as defined below) shall be used herein as therein defined.

Vici Properties Inc. – VICI PROPERTIES 1 LLC AND VICI FC INC. As Issuers and the Subsidiary Guarantors Party Hereto From Time to Time First-Priority Senior Secured Floating Rate Notes Due 2022 INDENTURE Dated as of October 6, 2017 UMB Bank, National Association, as Trustee (October 11th, 2017)

INDENTURE dated as of October 6, 2017 among VICI Properties 1 LLC, a Delaware limited liability company (the Company), and VICI FC Inc., a Delaware corporation (Capital Corp.) (each of the Company and Capital Corp., an Issuer and, together, the Issuers), the Subsidiary Guarantors party hereto from time to time, and UMB Bank, National Association, as trustee (the Trustee).

Vici Properties Inc. – VICI PROPERTIES 1 LLC AND VICI FC INC. As Issuers and the Subsidiary Guarantors Party Hereto From Time to Time 8.0% Second-Priority Senior Secured Notes Due 2023 INDENTURE Dated as of October 6, 2017 UMB Bank, National Association, as Trustee (October 11th, 2017)

INDENTURE dated as of October 6, 2017 among VICI Properties 1 LLC, a Delaware limited liability company (the Company), and VICI FC Inc., a Delaware corporation (Capital Corp.) (each of the Company and Capital Corp., an Issuer and, together, the Issuers), the Subsidiary Guarantors party hereto from time to time, and UMB Bank, National Association, as trustee (the Trustee).

Paramount Gold Nevada Corp. – Underwriting Agreement (October 5th, 2017)
Citigroup Commercial Mortgage Trust 2017-P8 – Contract (September 29th, 2017)
Bank 2017-Bnk7 – Contract (September 28th, 2017)
Bank 2017-Bnk7 – BANK 2017-Bnk7 COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2017-Bnk7 UNDERWRITING AGREEMENT as of September 19, 2017 (September 28th, 2017)

Wells Fargo Commercial Mortgage Securities, Inc., a North Carolina corporation (the "Depositor"), intends to issue its BANK 2017-BNK7, Commercial Mortgage Pass-Through Certificates, Series 2017-BNK7 (the "Certificates"), in twenty-two (22) classes and interests (each, a "Class") as designated in the Prospectus (as defined below). Pursuant to this underwriting agreement (the "Agreement"), the Depositor further proposes to sell to Wells Fargo Securities, LLC ("Wells Fargo Securities"), Merrill Lynch, Pierce, Fenner & Smith Incorporated ("MLPF&S"), Morgan Stanley & Co. LLC ("MS&Co.") and Academy Securities, Inc. ("Academy" and, collectively with Wells Fargo Securities, MLPF&S and MS&Co., the "Underwriters" and each, individually, an "Underwriter") the Certificates set forth in Schedule I hereto (the "Registered Certificates") in the respective original principal amounts and notional amounts set forth in Schedule I. The Certificates represent in the aggregate the entire beneficial ownershi

CURO Group Holdings Corp. – Contract (September 27th, 2017)
CURO Group Holdings Corp. – LOAN AGREEMENT by and Among CURO RECEIVABLES FINANCE I, LLC as Borrower VICTORY PARK MANAGEMENT, LLC as Agent Each of the Financial Institutions Now or Hereafter a Party Hereto as Lenders (September 27th, 2017)

This LOAN AGREEMENT is made as of November 17, 2016 by and among CURO RECEIVABLES FINANCE I, LLC, a Delaware limited liability company (Borrower Agent), and such other Persons joined hereto from time to time after the date hereof as borrowers with the prior written consent of Agent (collectively with Borrower Agent, the Borrowers and each individually is referred to as a Borrower), VICTORY PARK MANAGEMENT, LLC, as agent for Lenders and Holders (Agent), and the financial institutions from time to time party hereto (collectively, the Lenders and each individually is referred to as a Lender).

CURO Group Holdings Corp. – 19. Sale of Collateral Without Registration 21 20. Termination; Release 21 21. Notices, Etc 22 22. Waiver; Amendment 23 23. Successors and Assigns 23 24. Headings Descriptive 24 25. Governing Law; Submission to Jurisdiction; Venue; Waiver of Jury Trial 24 26. Pledgors Duties 25 27. Counterparts 25 28. Severability 25 29. Recourse 25 30. Additional Pledgors 25 31. Limited Obligations 25 32. Release of Pledgors 26 (September 27th, 2017)

PLEDGE AGREEMENT (as amended, modified, restated and/or supplemented from time to time, this Agreement), dated as of November 17, 2016, among each of the undersigned pledgors (each, a Pledgor and, together with any other entity that becomes a pledgor hereunder pursuant to Section 30 hereof, the Pledgors) and Victory Park Management, LLC, as collateral agent (together with any successor collateral agent, the Pledgee), for the benefit of the Secured Creditors (as defined below). Except as otherwise defined herein, all capitalized terms used herein and defined in the Credit Agreement (as defined below) shall be used herein as therein defined.

CURO Group Holdings Corp. – Amended and Restated Intercreditor Agreement (September 27th, 2017)

THIS AMENDED AND RESTATED INTERCREDITOR AGREEMENT (this Intercreditor Agreement), dated as of November 17, 2016, is by and among VICTORY PARK MANAGEMENT, LLC, as collateral agent for the First Lien Lenders defined below (in such capacity, First Lien Agent as hereinafter further defined), and WILMINGTON TRUST, NATIONAL ASSOCIATION (as successor by merger to Wilmington Trust FSB), as collateral agent under the Indenture (as hereinafter defined) for the other Second Lien Creditors defined below (together with its successors and assigns, in such capacity, Second Lien Agent as hereinafter further defined).

CURO Group Holdings Corp. – Security Agreement (September 27th, 2017)

SECURITY AGREEMENT, dated as of November 17, 2016 made by each of the undersigned assignors (each, an Assignor and, together with any other entity that becomes an assignor hereunder pursuant to Section 10.12 hereof, the Assignors) in favor of Victory Park Management, LLC, as collateral agent (together with any successor collateral agent, the Collateral Agent), for the benefit of the Secured Creditors (as defined below). Certain capitalized terms as used herein are defined in Article IX hereof. Except as otherwise defined herein, all capitalized terms used herein and defined in the Credit Agreement (as defined below) shall be used herein as therein defined.

GM Financial Automobile Leasing Trust 2017-3 – GMF LEASING LLC, as Transferor, and GM FINANCIAL AUTOMOBILE LEASING TRUST 2017-3, as Transferee 2017-3 EXCHANGE NOTE TRANSFER AGREEMENT Dated as of July 31, 2017 (September 26th, 2017)

2017-3 EXCHANGE NOTE TRANSFER AGREEMENT, dated as of July 31, 2017 (as the same may be amended, restated, supplemented or otherwise modified from time to time, this Agreement), between GMF Leasing LLC, a Delaware limited liability company, as transferor (the Transferor), and GM Financial Automobile Leasing Trust 2017-3, a Delaware statutory trust (the Issuer), as transferee (the Transferee).

GM Financial Automobile Leasing Trust 2017-3 – GM FINANCIAL, as Lender, and GMF LEASING LLC, as Depositor 2017-3 EXCHANGE NOTE SALE AGREEMENT Dated as of July 31, 2017 (September 26th, 2017)

2017-3 EXCHANGE NOTE SALE AGREEMENT, dated as of July 31, 2017 (as the same may be amended, restated, supplemented or otherwise modified from time to time, this Agreement), between AmeriCredit Financial Services, Inc. d/b/a GM Financial, a Delaware corporation (GM Financial), as Lender (in such capacity, the Lender), and GMF Leasing LLC, a Delaware limited liability company, as Depositor (the Depositor).

GM Financial Automobile Leasing Trust 2017-3 – GMF LEASING LLC, as Transferor, and GM FINANCIAL AUTOMOBILE LEASING TRUST 2017-3, as Transferee 2017-3 EXCHANGE NOTE TRANSFER AGREEMENT Dated as of July 31, 2017 (September 19th, 2017)

2017-3 EXCHANGE NOTE TRANSFER AGREEMENT, dated as of July 31, 2017 (as the same may be amended, restated, supplemented or otherwise modified from time to time, this Agreement), between GMF Leasing LLC, a Delaware limited liability company, as transferor (the Transferor), and GM Financial Automobile Leasing Trust 2017-3, a Delaware statutory trust (the Issuer), as transferee (the Transferee).

GM Financial Automobile Leasing Trust 2017-3 – GM FINANCIAL, as Lender, and GMF LEASING LLC, as Depositor 2017-3 EXCHANGE NOTE SALE AGREEMENT Dated as of July 31, 2017 (September 19th, 2017)

2017-3 EXCHANGE NOTE SALE AGREEMENT, dated as of July 31, 2017 (as the same may be amended, restated, supplemented or otherwise modified from time to time, this Agreement), between AmeriCredit Financial Services, Inc. d/b/a GM Financial, a Delaware corporation (GM Financial), as Lender (in such capacity, the Lender), and GMF Leasing LLC, a Delaware limited liability company, as Depositor (the Depositor).

GM Financial Automobile Leasing Trust 2017-3 – GMF LEASING LLC, as Transferor, and GM FINANCIAL AUTOMOBILE LEASING TRUST 2017-3, as Transferee 2017-3 EXCHANGE NOTE TRANSFER AGREEMENT Dated as of April 30, 2017 (September 15th, 2017)

2017-3 EXCHANGE NOTE TRANSFER AGREEMENT, dated as of April 30, 2017 (as the same may be amended, restated, supplemented or otherwise modified from time to time, this Agreement), between GMF Leasing LLC, a Delaware limited liability company, as transferor (the Transferor), and GM Financial Automobile Leasing Trust 2017-3, a Delaware statutory trust (the Issuer), as transferee (the Transferee).