Material Definitive Agreement Sample Contracts

INDENTURE
Material Definitive Agreement • May 23rd, 2006 • Impac Secured Assets Corp • Asset-backed securities • New York
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Item 10.1 Entry into a Material Definitive Agreement.
Material Definitive Agreement • March 31st, 2014 • Four Oaks Fincorp Inc • State commercial banks

On September 26, 2012, Four Oaks Bank & Trust Company (“Four Oaks Bank”), a wholly owned subsidiary of Four Oaks Fincorp, Inc. (OTC BB: FOFN) (the “Corporation”), and First Bank entered into a Purchase and Assumption Agreement (the “Agreement”), pursuant to which First Bank will purchase certain assets and assume certain liabilities (the “Purchase”) of two branch offices of Four Oaks Bank located in Rockingham, North Carolina (the “Rockingham Branch”) and Southern Pines, North Carolina (together with the Rockingham Branch, the “Branches”).

Item1.01 Entry into a Material Definitive Agreement.
Material Definitive Agreement • June 18th, 2015 • Florida

On June 15, 2015, Progressive Care, Inc. (the “Company”) entered into a Consulting Agreement (the “Consulting Agreement”) with MIDAM Ventures, LLC. (“MIDAM”) pursuant to which MIDAM will furnish to the Company business advisory and consulting services for the purpose of creating market awareness of the Company. The term of the Consulting Agreement is for a six

AMENDMENT NO. 1 TO
Material Definitive Agreement • August 3rd, 2015 • Delaware

This Amendment No. 1 to the 8% Convertible Promissory Note (this “Amendment”) is made effective as of July 27, 2014, by PROGRESSIVE CARE, INC., a Delaware corporation (the “Company”); and MICHELLE LIPTAK, an individual, or its assigns (the “Holder”).

Item1.01 Entry into a Material Definitive Agreement.
Material Definitive Agreement • August 10th, 2017

On August 9, 2017, Progressive Care Executed a Global Amendment to its Securities Purchase Agreement with Chicago Venture Partners, which was originally executed on July 22, 2016. This Amendment in exchange for a pre-payment of accrued interest to date in the amount of $36,114.12 ($30,735.42 plus a prepayment premium $5379.70), Chicago Ventures has agreed to a 3 month extension for the first installment payment on the Note issued July 22, 2016. The first installment is now due October 22, 2017 in the amount of $220,500. The remaining balance on the note (approximately $60,000) will be due November 22, 2017. Prior to the first installment due date, the Company has agreed to change its transfer agent to one approved by Chicago Ventures.

Contract
Material Definitive Agreement • October 26th, 2016

THIS REPORT HAS NOT BEEN, NOR WILL IT BE, FILED WITH THE SECURITIES AND EXCHANGE COMMISSION. THIS REPORT, AND THE INFORMATION CONTAINED HEREIN, IS REQUIRED TO BE PROVIDED PURSUANT TO SECTION 4.03 OF THE MGM GROWTH PROPERTIES OPERATING PARTNERSHIP LP’S INDENTURES.

VISTRA ENERGY CORP. CURRENT REPORT
Material Definitive Agreement • December 15th, 2016

On December 14, 2016, Vistra Operations Company LLC (“Vistra Operations”), an indirect wholly-owned subsidiary of Vistra Energy Corp. (the “Company”), entered into an amendment (the “Incremental Amendment”) to that certain Credit Agreement, dated as of October 3, 2016 (the “Credit Facilities”), among Vistra Operations, as Borrower, and Deutsche Bank AG New York Branch, as Administrative and Collateral Agent, and the other parties named therein. Under the terms of the Incremental Amendment, Vistra Operations (i) obtained $1 billion aggregate principal amount of incremental term loans (the “2016 Incremental Term Loans”), (ii) obtained $110 million of incremental revolving credit commitments (the “2016 Incremental Revolving Credit Commitments”) and (iii) increased the aggregate amount of letters of credit available under the revolving credit facility from $500 million to

Contract
Material Definitive Agreement • March 8th, 2022 • Vectrus, Inc. • Services-facilities support management services
Item 1.01 Entry into a Material Definitive Agreement
Material Definitive Agreement • January 10th, 2019

On January 7, 2019, the Progressive Care, Inc. (the “Company”) entered into that certain Securities Purchase Agreement (the “Purchase Agreement”) with Chicago Venture Partners, L.P. (the “Investor”), whereby the Investor purchased from the Company, and the Company issued to the Investor for a purchase price in the amount of $2,510,000 that certain 9% Secured Convertible Promissory Note (the “Note”) in the aggregate principal amount of $2,710,000, including an 8% original issuance discount and $10,000 for attorneys’ fees. The purchase price is to be delivered in seven (7) tranches: the first tranche is a cash payment of $1,000,000, delivered on January 7, 2019, and the other six (6) tranches are to be delivered in the form of $250,000 promissory notes, in the form of six (6) investor notes (the “Investor Notes”), each in the principal amount of

Item 1.01. Entry into a Material Definitive Agreement.
Material Definitive Agreement • August 11th, 2008 • Winthrop Realty Trust • Real estate investment trusts

On August 2, 2008, WRT Realty L.P. (the “Partnership”), the operating partnership wholly-owned subsidiary of Winthrop Realty Trust (the “Trust”), and The Lexington Master Limited Partnership (“LMLP”), an operating partnership subsidiary of Lexington Realty Trust (“Lexington”) formed a jointly owned subsidiary, Lex-Win Concord LLC (“Lex-Win”), and the Partnership and LMLP each contributed to Lex-Win all of their right, title and interest in Concord Debt Holdings LLC (“Concord”) and WRP Management LLC (“WRP Management”), the entity that provides collateral management and asset management services to Concord and its existing CDO.

GOLD MINING USA, INC.
Material Definitive Agreement • August 2nd, 2017
What Is A Material Definitive Agreement
Material Definitive Agreement • July 22nd, 2021

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Item 1.01 Entry into a Material Definitive Agreement
Material Definitive Agreement • June 18th, 2008 • Autodesk Inc • Services-prepackaged software

On August 17, 2007, Autodesk, Inc. (“Autodesk”) entered into a Credit Agreement (the “Credit Agreement”) with Citibank, N.A. (“Citibank”), as agent and the lenders party to the Credit Agreement. The Credit Agreement provides for a $250,000,000 unsecured revolving credit facility, which may be used to borrow revolving loans for working capital and general corporate purposes of Autodesk and its subsidiaries.

ENTRY INTO A MATERIAL DEFINITIVE AGREEMENT, FINANCIAL STATEMENT RELEASE AND SETTLEMENT AGREEMENT
Material Definitive Agreement • October 5th, 2007 • Rapid Link Inc • Telephone communications (no radiotelephone) • California

THIS RELEASE AND SETTLEMENT AGREEMENT ("Agreement") is made and entered into by and between Dial Thru International, Inc., hereinafter referred to as "Dial Thru" and David Antoniak, Affluent Media Network, Inc a Florida corporation, Affluent Media Networks, Inc., a Florida corporation Affluent Media of Nevada, Inc., a Nevada corporation and Millennium Media, an offshore company, hereinafter referred to as "Affluent."

Item 1.01. ENTRY INTO A MATERIAL DEFINITIVE AGREEMENT
Material Definitive Agreement • October 10th, 2014

On January 27, 2012, Planar Systems, Inc. (the “Company”) entered into an agreement (the “Agreement”) with Red Oak Partners, LLC, a New York limited liability company, and certain of its affiliates named in the Agreement (“Red Oak”). The Agreement reflects the agreement of the parties with respect to: the Company’s

Item1.01 Entry into a Material Definitive Agreement.
Material Definitive Agreement • August 5th, 2017 • California

On August 2, 2017, Progressive Care, Inc. (the “Company”) entered into a Consulting Agreement (the “Consulting Agreement”) with First Look Equities, LLC. (“FIRST LOOK”) pursuant to which FIRST LOOK will furnish to the Company business advisory and consulting services for the purpose of creating market awareness of the Company. The term of the Consulting Agreement is for a six (6) month period commencing on August 2, 2017 and ending on February 1, 2018. As compensation for services rendered pursuant to the Consulting Agreement, FIRST LOOK shall receive compensation payable under the following terms: (a) $32,500 USD in restricted common shares of Progressive Care, Inc. (RXMD) valued at $0.02 USD per share (1,625,000 shares) pursuant to Rule 144, (b) $30,000 in cash paid monthly in $5,000 USD installments for the length of the term, (c) $2,500 initial set-up fee, and (d) a variable marketing budget to cover the costs advertising on electronic platforms. FIRST LOOK has agreed to a leak-out

ITEM 1.01 ENTRY INTO A MATERIAL DEFINITIVE AGREEMENT.
Material Definitive Agreement • January 24th, 2017

On January 10, 2017, PM&E, Inc. (the “Company”) entered into a Securities Purchase Agreement (the “Securities Purchase Agreement”) with GPL Ventures, LLC (“GPL”). Pursuant to the Securities Purchase Agreement, the Company, at its sole and exclusive option, may issue and sell to GPL, from time to time as provided therein, and GPL would purchase from the Company shares of the Company’s common stock (“Shares”) equal to a value of up to Ten Million Dollars ($10,000,000). The Company will be registering the shares under Regulation A.

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