Kutak Rock Sample Contracts

None – Security Agreement (July 3rd, 2018)

THIS SECURITY AGREEMENT, dated as of June 28, 2018 (as may be amended from time to time, this "Agreement"), by MIDWEST HOLDING INC., a Nebraska corporation (the "Borrower"), whose primary business address is 2900 South 70th Street, Lincoln, Nebraska 68506, in favor of XENITH HOLDINGS LLC, a Delaware limited liability company (the "Lender").

None – Contract (July 3rd, 2018)

THIS NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, NOR UNDER ANY STATE SECURITIES LAW AND MAY NOT BE PLEDGED, SOLD, ASSIGNED OR TRANSFERRED UNLESS (i) A REGISTRATION STATEMENT WITH RESPECT THERETO IS EFFECTIVE UNDER THE SECURITIES ACT OF 1933, AS AMENDED, AND ANY APPLICABLE STATE SECURITIES LAW REQUIREMENTS HAVE BEEN MET OR (ii) EXEMPTIONS FROM THE REGISTRATION REQUIREMENTS UNDER THE SECURITIES ACT OF 1933, AS AMENDED, AND THE REGISTRATION OR QUALIFICATION REQUIREMENTS OF APPLICABLE STATE SECURITIES LAW ARE AVAILABLE.

None – Contract (July 3rd, 2018)

THIS NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, NOR UNDER ANY STATE SECURITIES LAW AND MAY NOT BE PLEDGED, SOLD, ASSIGNED OR TRANSFERRED UNLESS (i) A REGISTRATION STATEMENT WITH RESPECT THERETO IS EFFECTIVE UNDER THE SECURITIES ACT OF 1933, AS AMENDED, AND ANY APPLICABLE STATE SECURITIES LAW REQUIREMENTS HAVE BEEN MET OR (ii) EXEMPTIONS FROM THE REGISTRATION REQUIREMENTS UNDER THE SECURITIES ACT OF 1933, AS AMENDED, AND THE REGISTRATION OR QUALIFICATION REQUIREMENTS OF APPLICABLE STATE SECURITIES LAW ARE AVAILABLE.

WINDSTREAM HOLDINGS, INC. Up to $18,000,000 Shares of Common Stock ($ 0.0001 Par Value) Equity Distribution Agreement (June 1st, 2018)

Windstream Holdings, Inc., a corporation organized under the laws of Delaware (the "Company"), confirms its agreement (this "Agreement") with Citigroup Global Markets Inc. (the "Manager") as follows:

TD Ameritrade – CREDIT AGREEMENT Dated as of May 17, 2018 Among TD AMERITRADE CLEARING, INC., as Borrower the Lenders Party Hereto, BARCLAYS BANK PLC, CITIBANK, N.A., JPMORGAN CHASE BANK, N.A., U.S. BANK, NATIONAL ASSOCIATION AND TD SECURITIES (USA) LLC, as Co-Syndication Agents and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent WELLS FARGO SECURITIES, LLC, BARCLAYS BANK PLC, CITIBANK, N.A., JPMORGAN CHASE BANK, N.A., U.S. BANK, NATIONAL ASSOCIATION AND TD SECURITIES (USA) LLC, as Joint Bookrunners and Joint Lead Arrangers (May 21st, 2018)

CREDIT AGREEMENT dated as of May 17, 2018, among TD AMERITRADE CLEARING, INC., a Nebraska corporation (the Borrower), the several banks and other financial institutions or entities from time to time parties to this Agreement (the Lenders), BARCLAYS BANK PLC, CITIBANK, N.A., JPMORGAN CHASE BANK, N.A., U.S. BANK, NATIONAL ASSOCIATION and TD SECURITIES (USA) LLC, as co-syndication agents (the Co-Syndication Agents), and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent (the Administrative Agent).

None – Loan, Convertible Preferred Stock and Convertible Senior Secured Note Purchase Agreement (May 14th, 2018)

THIS LOAN, CONVERTIBLE PREFERRED STOCK AND CONVERTIBLE SENIOR SECURED NOTE PURCHASE AGREEMENT (this "Agreement") is entered into as of May 9, 2018 by and between MIDWEST HOLDING INC., a Nebraska corporation (the "Borrower"), and XENITH HOLDINGS LLC, a Delaware limited liability company ("Lender"). Borrower and Lender are referred to collectively herein as the "Parties" and each is a "Party."

Third Amendment and Incremental Facility Amendment (April 20th, 2018)

This THIRD AMENDMENT AND INCREMENTAL FACILITY AMENDMENT, dated as of April 18, 2018 (this "Amendment"), to the Credit Agreement, dated as of May 9, 2014 (as amended, supplemented or otherwise modified through the date hereof, the "Credit Agreement"), among Minerals Technologies Inc. (the "Company"), the subsidiary borrowers party thereto (together with the Company, the "Borrowers"), the lenders party thereto (the "Lenders"), JPMorgan Chase Bank, N.A., as administrative agent and collateral agent (in such capacities, the "Administrative Agent"), and the other agents party thereto.

ABL CREDIT AGREEMENT Dated as of April 3, 2018 Among CHS/COMMUNITY HEALTH SYSTEMS, INC., COMMUNITY HEALTH SYSTEMS, INC., THE LENDERS PARTY HERETO and JPMORGAN CHASE BANK, N.A., as Administrative Agent and Collateral Agent JPMORGAN CHASE BANK, N.A., CITIGROUP GLOBAL MARKETS INC., CREDIT SUISSE SECURITIES (USA) LLC, BANK OF AMERICA, N.A., RBC CAPITAL MARKETS, LLC and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Joint Lead Arrangers and Joint Bookrunners, and DEUTSCHE BANK SECURITIES INC., GOLDMAN SACHS BANK USA, SUNTRUST BANK and SIEMENS FINANCIAL SERVICES, INC., as Co-Documentation Agents (April 4th, 2018)

ABL CREDIT AGREEMENT dated as of April 3, 2018 (this Agreement), among CHS/COMMUNITY HEALTH SYSTEMS, INC., a Delaware corporation (the Borrower), COMMUNITY HEALTH SYSTEMS, INC., a Delaware corporation (Parent), the Lenders (as defined in Article I), and JPMORGAN CHASE BANK, N.A., as administrative agent (in such capacity, the Administrative Agent) and as collateral agent (in such capacity, the Collateral Agent) for the Lenders.

Illustrative Term Sheet for Restructuring Process of Toys R Us Property Company I, LLC (March 19th, 2018)

This Term Sheet (this Term Sheet) outlines certain terms related to a potential restructuring of Toys R Us Property Company I, LLC (PropCo I) and its subsidiaries (collectively, the Company) proposed by those certain entities (collectively, the Majority Lenders) representing over a majority interest in the loans under that certain Term Loan Credit Agreement, dated as of August 21, 2013, among PropCo I, as the Borrower, the lenders party thereto (the Lenders) and Cantor Fitzgerald Securities, as successor administrative agent (the Credit Agreement). This Term Sheet is not legally binding or a complete list of all the terms and conditions of the potential transactions described herein. This Term Sheet shall not constitute an offer to sell or buy, nor the solicitation of an offer to sell or buy any of the securities referred to herein or the solicitation of acceptances of a chapter 11 plan. Any such offer or solicitation will only be made in compliance with all applicable laws.

Capital Securities Purchase Agreement (March 12th, 2018)

THIS CAPITAL SECURITIES PURCHASE AGREEMENT (this "Agreement") is effective as of June 30, 2009, by and among FLAGSTAR BANCORP, INC. (the "Company"), a corporation organized under the laws of the State of Michigan, with its principal offices at 5151 Corporate Drive, Troy, Michigan 48098-2639, FLAGSTAR STATUTORY TRUST XI, a statutory trust under the laws of the State of Delaware (the "Issuer" and, together with the Company, the "Company Parties") and MP THRIFT INVESTMENTS L.P., a Delaware limited partnership (the "Purchaser").

Store – Contract (February 26th, 2018)
U.S. Energy Corp. – Common Stock Sales Agreement (January 5th, 2018)
SendGrid, Inc. – LEASE OF OFFICE SPACE LANDLORD: BOP 1801 CALIFORNIA STREET LLC, a Delaware Limited Liability Company, and BOP 1801 CALIFORNIA STREET II LLC, a Delaware Limited Liability Company TENANT: SendGrid, Inc. A Delaware Corporation PREMISES IN 1801 CALIFORNIA STREET DENVER, COLORADO (October 18th, 2017)
First Federal Bancshares of Arkansas, Inc. – Agreement and Plan of Reorganization (August 25th, 2017)

THIS AGREEMENT AND PLAN OF REORGANIZATION (the "Agreement") is made and entered into as of August 22, 2017, by and among Arvest Bank, an Arkansas banking corporation ("Arvest"), Arvest Acquisition Sub, Inc., an Arkansas corporation and a wholly-owned subsidiary of Arvest ("Acquisition"), Bear State Financial, Inc., an Arkansas corporation ("Bear State"), and Bear State Bank, an Arkansas banking corporation and a wholly-owned subsidiary of Bear State (the "Bank").

SendGrid, Inc. – LEASE OF OFFICE SPACE LANDLORD: BOP 1801 CALIFORNIA STREET LLC, a Delaware Limited Liability Company, and BOP 1801 CALIFORNIA STREET II LLC, a Delaware Limited Liability Company TENANT: SendGrid, Inc. A Delaware Corporation PREMISES IN 1801 CALIFORNIA STREET DENVER, COLORADO (August 21st, 2017)
Revolving Credit Agreement (August 21st, 2017)

THIS REVOLVING CREDIT AGREEMENT (this "Agreement") is made and entered into as of May 26, 2017, by and among RUBY TUESDAY, INC., a Georgia corporation (the "Borrower"), the Guarantors (defined herein), the several banks and other financial institutions from time to time party hereto (the "Lenders") and UBS AG, STAMFORD BRANCH, in its capacity as Administrative Agent for the Lenders (the "Administrative Agent") and as Issuing Bank (the "Issuing Bank").

Fourth Amendment to Credit Agreement (August 14th, 2017)

This FOURTH AMENDMENT TO CREDIT AGREEMENT (this "Amendment") is entered into as of April 21, 2017, by and among WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as administrative agent and collateral agent for each member of the Lender Group and the Bank Product Providers (in such capacities, together with its successors and assigns in such capacities, "Agent") and as United States administrative agent for each member of the Lender Group and the Bank Product Providers (in such capacity, together with its successors and assigns in such capacity, "US Agent"), WELLS FARGO CAPITAL FINANCE CORPORATION CANADA, an Ontario corporation, as Canadian administrative agent for each member of the Lender Group and the Bank Product Providers (in such capacity, together with its successors and assigns in such capacity, "Canadian Agent"), the Lenders (as defined in the Credit Agreement as defined below) party hereto, UPLAND SOFTWARE, INC., a Delaware corporation ("Parent"), each s

Kratos Defense & Security Solutions – Lease Agreement (July 27th, 2017)

THIS LEASE AGREEMENT (this "Lease") is made as of May 31, 2017 (the "Effective Date"), by and between STORE CAPITAL ACQUISITIONS, LLC, a Delaware limited liability company ("Lessor"), whose address is 8377 E. Hartford Drive, Suite 100, Scottsdale, Arizona 85255, and REAL TIME LOGIC, INC., a Colorado corporation ("Lessee"), whose address is 12515 Academy Ridge View, Colorado Springs, Colorado 80921. Capitalized terms not defined herein shall have the meanings set forth in Exhibit A hereto.

Kratos Defense & Security Solutions – Lease Agreement (July 27th, 2017)

THIS LEASE AGREEMENT (this "Lease") is made as of May 31, 2017 (the "Effective Date"), by and between STORE CAPITAL ACQUISITIONS, LLC, a Delaware limited liability company ("Lessor"), whose address is 8377 E. Hartford Drive, Suite 100, Scottsdale, Arizona 85255, and REAL TIME LOGIC, INC., a Colorado corporation ("Lessee"), whose address is 12515 Academy Ridge View, Colorado Springs, Colorado 80921. Capitalized terms not defined herein shall have the meanings set forth in Exhibit A hereto.

Acxiom – Contract (June 22nd, 2017)
Nevada Power Co – FINANCING AGREEMENT by and Between CLARK COUNTY, NEVADA and NEVADA POWER COMPANY (May 25th, 2017)

THIS FINANCING AGREEMENT made and entered into as of May 1, 2017, by and between CLARK COUNTY, NEVADA, a political subdivision of the State of Nevada, party of the first part (hereinafter referred to as the "Issuer"), and NEVADA POWER COMPANY, a corporation duly organized and existing under the laws of the State of Nevada, party of the second part (hereinafter referred to as the "Company"),

Nevada Power Co – FINANCING AGREEMENT by and Between COCONINO COUNTY, ARIZONA POLLUTION CONTROL CORPORATION and NEVADA POWER COMPANY (May 25th, 2017)

THIS FINANCING AGREEMENT made and entered into as of May 1, 2017, by and between the COCONINO COUNTY, ARIZONA POLLUTION CONTROL CORPORATION, an Arizona nonprofit corporation and political subdivision of the State of Arizona, party of the first part (hereinafter referred to as the "Issuer"), and NEVADA POWER COMPANY, a corporation duly organized and existing under the laws of the State of Nevada, party of the second part (hereinafter referred to as the "Company"),

West – Voting Agreement (May 11th, 2017)

This VOTING AGREEMENT (this Agreement), dated as of May 9, 2017, is entered into by and among Gary L. West, Gary West CRT1 LLC, Gary West CRT2 LLC, Gary West CRT3 LLC, Gary West CRT4 LLC, Gary West CRT5 LLC, Gary and Mary West Health Institute, West Investment Holdings, LLC, Gary West IRA (collectively the Covered Stockholders, and each, a Covered Stockholder), Mount Olympus Holdings, Inc., a Delaware corporation (Parent), and Olympus Merger Sub, Inc., a Delaware corporation and a wholly-owned subsidiary of Parent (Sub). The Covered Stockholders, Parent and Sub are sometimes referred to individually as a Party and collectively as the Parties.

West – Voting Agreement (May 11th, 2017)

This VOTING AGREEMENT (this Agreement), dated as of May 9, 2017, is entered into by and among Mary E. West, Mary West CRT1 LLC, Mary West CRT2 LLC, Mary West CRT3 LLC, Mary West CRT4 LLC, Mary West CRT5 LLC, West Investment Holdings, LLC (collectively the Covered Stockholders, and each, a Covered Stockholder), Mount Olympus Holdings, Inc., a Delaware corporation (Parent), and Olympus Merger Sub, Inc., a Delaware corporation and a wholly-owned subsidiary of Parent (Sub). The Covered Stockholders, Parent and Sub are sometimes referred to individually as a Party and collectively as the Parties.

Communications Sales & Leasing, Inc. – Amendment No. 3 (Incremental Amendment) to Credit Agreement (May 2nd, 2017)

AMENDMENT NO. 3 (INCREMENTAL AMENDMENT) (this Amendment) dated as of April 28, 2017 to the Credit Agreement dated as of April 24, 2015 (as amended by Amendment No. 1 thereto dated October 21, 2016, and as further amended by Amendment No. 2 dated February 9, 2017, the Credit Agreement) among UNITI GROUP INC. (f/k/a COMMUNICATIONS SALES & LEASING, INC.) (Parent), CSL CAPITAL, LLC (CSL Capital and, together with Parent, the Borrowers), the LENDERS party thereto (the Lenders), the Agents party thereto and BANK OF AMERICA, N.A., as Administrative Agent and Collateral Agent (collectively, the Agent).

TD Ameritrade – CREDIT AGREEMENT Dated as of April 21, 2017 Among TD AMERITRADE CLEARING, INC., as Borrower the Lenders Party Hereto, U.S. BANK NATIONAL ASSOCIATION, as Syndication Agent BARCLAYS BANK PLC, TD SECURITIES (USA) LLC, WELLS FARGO BANK, N.A. And INDUSTRIAL AND COMMERCIAL BANK OF CHINA LTD., NEW YORK BRANCH, as Co- Documentation Agents and JPMORGAN CHASE BANK, N.A., as Administrative Agent JPMORGAN CHASE BANK, N.A., U.S. BANK NATIONAL ASSOCIATION, BARCLAYS BANK PLC, TD SECURITIES (USA) LLC, WELLS FARGO SECURITIES, LLC and INDUSTRIAL AND COMMERCIAL BANK OF CHINA LTD., NEW YORK BRANCH, as Joint Bookru (April 21st, 2017)

CREDIT AGREEMENT dated as of April 21, 2017, among TD AMERITRADE CLEARING, INC., a Nebraska corporation (the Borrower), the several banks and other financial institutions or entities from time to time parties to this Agreement (the Lenders), U.S. BANK NATIONAL ASSOCIATION, as syndication agent (the Syndication Agent), BARCLAYS BANK PLC, TD SECURITIES (USA) LLC, WELLS FARGO BANK, N.A. and INDUSTRIAL AND COMMERCIAL BANK OF CHINA LTD., NEW YORK BRANCH, as co-documentation agents (the Co-Documentation Agents) and JPMORGAN CHASE BANK, N.A., as Administrative Agent (the Administrative Agent).

Cole Credit Property Trust Iv, Inc. – Second Amended and Restated (March 20th, 2017)

This SECOND AMENDED AND RESTATED CREDIT AGREEMENT is entered into, as of March 15, 2017, among Cole Operating Partnership IV, LP, a Delaware limited partnership (the "Borrower"), each lender from time to time party hereto (collectively, the "Lenders" and individually, a "Lender"), and JPMorgan Chase Bank, N.A., as Administrative Agent and an L/C Issuer. This Agreement amends and restates the Amended and Restated Credit Agreement entered into as of August 15, 2013 (as amended prior to the date hereof, the "Existing Credit Agreement"), among Borrower, each lender from time to time party thereto, and JPMorgan Chase Bank, N.A., as Administrative Agent and L/C Issuer.

Synalloy Corporation – Master Lease Agreement (March 14th, 2017)

THIS MASTER LEASE AGREEMENT (this "Lease") is made as of September 30, 2016 (the "Effective Date"), by and between STORE MASTER FUNDING XII, LLC, a Delaware limited liability company ("Lessor"), whose address is 8501 E. Princess Drive, Suite 190, Scottsdale, Arizona 85255, and SYNALLOY CORPORATION, a Delaware corporation ("Lessee"), whose address is 4510 Cox Road, Suite 201, Richmond, VA 23060. Capitalized terms not defined herein shall have the meanings set forth in Exhibit A hereto.

Purchase Agreement (March 13th, 2017)

THIS PURCHASE AGREEMENT (this "Agreement") is effective as of the 17th day of February, 2009, by and between Flagstar Bancorp, Inc. (the "Company"), a corporation organized under the laws of the State of Michigan, with its principal offices at 5151 Corporate Drive, Troy, Michigan 48098-2639 and MP Thrift Investments L.P., a Delaware limited partnership (the "Purchaser").

Investment Agreement (March 13th, 2017)
Purchase Agreement (March 13th, 2017)

THIS PURCHASE AGREEMENT (this "Agreement") is made as of the 15th day of May 2008, by and between Flagstar Bancorp, Inc. (the "Company"), a corporation organized under the laws of the State of Michigan, with its principal offices at 5151 Corporate Drive, Troy, Michigan 48098-2639 and the purchaser whose name and address is set forth on the signature page hereof (the "Purchaser").

Second Purchase Agreement (March 13th, 2017)

THIS SECOND PURCHASE AGREEMENT (this "Agreement") is effective as of the 27th day of February, 2009, by and between Flagstar Bancorp, Inc. (the "Company"), a corporation organized under the laws of the State of Michigan, with its principal offices at 5151 Corporate Drive, Troy, Michigan 48098-2639 and MP Thrift Investments L.P., a Delaware limited partnership (the "Purchaser").

Contract (February 15th, 2017)
Communications Sales & Leasing, Inc. – Amendment No. 2 to Credit Agreement (February 9th, 2017)

AMENDMENT (this Amendment) dated as of February 9, 2017 to the Credit Agreement dated as of April 24, 2015 (as amended by amendment no. 1 thereto dated October 21, 2016, the Credit Agreement) among COMMUNICATIONS SALES & LEASING, INC. (Parent), CSL CAPITAL, LLC (CSL Capital and, together with Parent, the Borrowers), the LENDERS party thereto (the Lenders), the Agents party thereto and BANK OF AMERICA, N.A., as Administrative Agent and Collateral Agent (collectively, the Agent).

CION Investment Corp – CION INVESTMENT CORPORATION UP TO 100,000,000 SHARES OF COMMON STOCK, $0.001 PAR VALUE PER SHARE (A Maryland Corporation) AMENDED AND RESTATED FOLLOW-ON DEALER MANAGER AGREEMENT (January 4th, 2017)