Michigan Sample Contracts

Education Realty Operating Partnership L P – This Sixth Amended and Restated Credit Agreement Amends and Restates That Certain Fifth Amended and Restated Credit Agreement Dated November 19, 2014 (As Same Was Amended From Time to Time, the "Original Credit Agreement"), Entered Into Between Education Realty Operating Partnership, Lp, as Borrower, Keybank National Association, as Administrative Agent, Regions Bank, Pnc Bank, National Association, and Royal Bank of Canada, as Co-Documentation Agents, and Keybanc Capital Markets, Pnc Capital Markets Llc, Rbc Capital Markets and Regions Capital Markets, as Co-Bookrunners and Co-Lead Arrangers, (February 20th, 2018)

WHEREAS, the Borrower, KeyBank National Association and the other parties referenced above (the "Original Lenders") entered into the Original Credit Agreement wherein loans and other financial accommodations were extended to the Borrower; and

Education Realty Operating Partnership L P – Second Amendment to Second Amended and Restated Credit Agreement (February 20th, 2018)
Tenth Amendment to a Lease Agreement Between Dominos Farms Office Park Llc (Landlord) and Dominos Pizza Llc (Tenant) (February 20th, 2018)

THIS TENTH AMENDMENT TO A LEASE AGREEMENT is made November 7, 2017 by and between DOMINOS FARMS OFFICE PARK LLC, a Michigan Limited Liability Company, f/k/a Dominos Farms Office Park Limited Partnership (Landlord) and DOMINOS PIZZA LLC (Tenant).

Non-Employee Directors Deferred Compensation Plan (Effective May 10, 2017) (February 20th, 2018)

Kelly Services, Inc. established, effective as of May 10, 2017, the Kelly Services, Inc. Non-Employee Directors Deferred Compensation Plan on the terms and conditions hereinafter set forth. Such Plan provides non-employee directors with the opportunity to defer portions of all fees payable to non-employee directors in accordance with the provisions of the Plan. Pursuant to a resolution approved by the Board on August 7, 2017, that allowed for the Plan to be amended and restated to allow for separate deferral percentages to be applied against the amount of cash and Common Stock that can be deferred, respectively. The Plan is intended to be a non-qualified deferred compensation arrangement in compliance with Section 409A of the Code, as stated in Section 7.8.

Employment Agreement (February 20th, 2018)

This Employment Agreement is made as of December 7, 2016 by Dominos Pizza LLC, a Michigan limited liability company (the Company) and Kevin S. Morris (the Executive).

Tenth Amendment to Second Amended and Restated Loan and Security Agreement (February 20th, 2018)

This Tenth Amendment to Second Amended and Restated Loan and Security Agreement, dated as of February 14, 2018 (the "Amendment"), by and among RCM Technologies, Inc. and all of its subsidiaries (collectively, the "Borrowers"), Citizens Bank of Pennsylvania, a Pennsylvania state chartered bank, in its capacity as administrative agent and arranger (the "Agent"), and Citizens Bank of Pennsylvania, as lender (the "Lender").

Sears Hometown And Outlet Store – TERM LOAN CREDIT AGREEMENT Dated as of February 16, 2018 Among SEARS AUTHORIZED HOMETOWN STORES, LLC, as the Lead Borrower for the Borrowers Named Herein (February 20th, 2018)
Spectra Energy Corp Phantom Stock Award Agreement (February 16th, 2018)

This Phantom Stock Award Agreement (the "Agreement") has been made as of , (the "Date of Grant") between Spectra Energy Corp, a Delaware corporation, with its principal offices in Houston, Texas (the "Company"), and ________ (the "Grantee").

February 16, 2018 (February 16th, 2018)

This letter outlines the compensation you will receive, all of which is consistent with the relevant Company plans. Your assistance through April 1, 2018 (the "Effective Date") will be critical for me and the Company as we transition the business in an orderly manner. You will remain eligible to receive your bonus under the Kellogg Company 2017 Annual Incentive Plan, based on the terms of the plan, and you will retain the equity awards (the "Equity Awards") that have been previously awarded to you. You will receive prorated vesting of your 2016-2018 and 2017-2019 executive performance plan (EPP) awards through the last day that you are Senior Vice President of the Company and otherwise each Equity Award will be subject to the terms of the relevant plans. The bonus and EPP payouts will be based on actual performance, and will be paid at the time other participants receive their payouts. During the transition period between now and the Effective Date, you will continue to be paid at y

Spectra Energy Corp Phantom Stock Award Agreement (February 16th, 2018)

This Phantom Stock Award Agreement (the "Agreement") has been made as of , (the "Date of Grant") between Spectra Energy Corp, a Delaware corporation, with its principal offices in Houston, Texas (the "Company"), and ________ (the "Grantee").

Spectra Energy Corp Phantom Stock Award Agreement (February 16th, 2018)

This Phantom Stock Award Agreement (the "Agreement") has been made as of , (the "Date of Grant") between Spectra Energy Corp, a Delaware corporation, with its principal offices in Houston, Texas (the "Company"), and ________ (the "Grantee").

Enbridge Pipelines Inc. (February 16th, 2018)
SPECTRA ENERGY CORP STOCK OPTION AGREEMENT (Nonqualified Stock Options) (February 16th, 2018)

This Stock Option Agreement (the "Agreement") has been made as of __________ ___, _____ (the "Date of Grant") between Spectra Energy Corp, a Delaware Company, with its principal offices in Houston, Texas (the "Company"), and __________ (the "Grantee").

Spectra Energy Corp Phantom Stock Award Agreement (February 16th, 2018)

This Phantom Stock Award Agreement (the "Agreement") has been made as of , (the "Date of Grant") between Spectra Energy Corp, a Delaware corporation, with its principal offices in Houston, Texas (the "Company"), and ________ (the "Grantee").

Spectra Energy Corp Performance Share Award Agreement (February 16th, 2018)

This Performance Share Award Agreement (the "Agreement") has been made as of __________ ___, (the "Date of Grant") between Spectra Energy Corp, a Delaware Company, with its principal offices in Houston, Texas (the "Company"), and __________ (the "Grantee").

CHANGE IN CONTROL AGREEMENT (As Amended and Restated) (February 16th, 2018)

THIS AGREEMENT (As Amended and Restated) (the "Agreement"), dated as of ________________ (the "Effective Date"), is made by and between SPECTRA ENERGY CORP, a Delaware corporation (the "Company"), and ________________________________ (the "Executive").

Spectra Energy Corp Phantom Stock Award Agreement (February 16th, 2018)

This Phantom Stock Award Agreement (the "Agreement") has been made as of , (the "Date of Grant") between Spectra Energy Corp, a Delaware corporation, with its principal offices in Houston, Texas (the "Company"), and ________ (the "Grantee").

Paperweight Development Corp – Motion of Debtors for Entry of Orders (I) (A) Approving and Authorizing Bidding Procedures in Connection With the Sale of Substantially All Assets, (B) Approving Stalking Horse Protections, (C) Approving Procedures Related to Assumption and Assignment of Certain Executory Contracts and Unexpired Leases, (D) Approving the Form and Manner of Notice Thereof, and (Ii) (A) Approving and Authorizing Sale of Substantially All Debtor Assets to Successful Bidder Free and Clear of All Liens, Claims, Encumbrances and Other Interests, (B) Approving Assumption and Assignment of Certain Executory Contracts (February 9th, 2018)

This Asset Purchase Agreement (this Agreement), dated as of February 8, 2018 (the Agreement Date), by and among a special purpose entity to be formed by the DIP Lenders, a Delaware limited liability company (Purchaser) and one or more other persons designated by Purchaser (collectively, the Purchaser Designees), and Appvion, Inc., Paperweight Development Corp., PDC Capital Corporation, Appvion Receivables Funding I LLC, and APVN Holdings LLC. (collectively, the Company, each a Seller and collectively, Sellers). Purchaser and Sellers are collectively referred to herein as the Parties and individually as a Party. For the purposes of this Agreement, capitalized terms used herein shall have the meanings set forth herein or in Article X.

Baltimore Gas & Electric Co – CREDIT AGREEMENT Dated as of November 28, 2017 Among EXGEN RENEWABLES IV, LLC, as Borrower, EXGEN RENEWABLES IV HOLDING, LLC, as Holding, THE LENDERS PARTY HERETO, (February 9th, 2018)

[***] INDICATES MATERIAL THAT HAS BEEN OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED. ALL SUCH OMITTED MATERIAL HAS BEEN FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.

Credit Acceptance Corporation 25505 W. Twelve Mile Road Southfield, Michigan 48034-8339 (February 9th, 2018)

Reference is made to the following sentence included in Section 5(c) of the Shareholder Agreement (the "Shareholder Agreement") dated January 3, 2017 and amended on September 15, 2017 between Credit Acceptance Corporation, a Michigan corporation (the "Company"), and Donald A. Foss ("Shareholder") (italics added):

PULTEGROUP, INC. AMENDED RETIREMENT POLICY (Effective November 30, 2017) (February 7th, 2018)

This PulteGroup, Inc. Retirement Policy, as set forth herein (the "Policy"), sets forth administrative guidelines to be used by the Compensation and Management Development Committee of the Board of Directors (the "Compensation Committee") of PulteGroup, Inc., a Michigan corporation ("PulteGroup"), with respect to the treatment of outstanding equity-based awards and long-term incentive awards for employees of PulteGroup and its subsidiaries (collectively, the "Company") whose employment terminates pursuant to a Qualifying Retirement (as described herein).

MEMBERSHIP INTEREST PURCHASE AGREEMENT by and Among TRONC, INC., and NANT CAPITAL, LLC, Dated as of February 7, 2018 (February 7th, 2018)

This MEMBERSHIP INTEREST PURCHASE AGREEMENT, dated as of February 7, 2018 (as amended, modified or changed from time to time, this Agreement), is entered into by and among tronc, Inc., a Delaware corporation (Seller) and Nant Capital, LLC a Delaware limited liability company (Buyer).

Manitowoc Foodservice, Inc. – Amendment No. 4 to Credit Agreement (February 7th, 2018)

This Amendment No. 4 to Credit Agreement (this Amendment) is entered into as of February 2, 2018 by and among Welbilt, Inc., a Delaware corporation (formerly known as Manitowoc Foodservice, Inc.) (the Borrower), the Subsidiary Borrowers (as defined in the Credit Agreement (as defined below)) signatory hereto, JPMorgan Chase Bank, N.A., individually (JPMorgan) and as administrative agent (the Administrative Agent), and the other financial institutions signatory hereto.

Ford Motor Company – FORD MOTOR COMPANY EXECUTIVE SEPARATION ALLOWANCE PLAN (Amended and Restated Effective as of January 1, 2018) (February 7th, 2018)
Ford Motor Company – FORD MOTOR COMPANY BENEFIT EQUALIZATION PLAN (Amended and Restated Effective as of January 1, 2018) (February 7th, 2018)
Ford Motor Company – FORD MOTOR COMPANY DEFINED BENEFIT SUPPLEMENTAL EXECUTIVE RETIREMENT PLAN as Applicable to Retirements of Eligible Executives on or After January 1, 19921 (Amended and Restated Effective as of January 1, 2018) (February 7th, 2018)
Ford Motor Company – FORD MOTOR COMPANY SELECT RETIREMENT PLAN (Amended and Restated Effective as of January 1, 2018) (February 7th, 2018)
Acquisition Agreement (February 7th, 2018)

This ACQUISITION AGREEMENT (this "Agreement"), dated as of February 6, 2018, is entered into by and among Tribune Publishing Company, LLC, a Delaware limited liability company ("Buyer"), tronc, Inc., a Delaware corporation ("Issuer"), BestReviews LLC, a Delaware limited liability company formerly known as and successor in interest to the Pre-Conversion Corporation (as defined in the recitals below) (BestReviews LLC together with the Pre-Conversion Corporation when relevant to periods before the Conversion, collectively, "BR-NV"), BestReviews Inc., a Delaware corporation ("Parent" and together with BR-NV, each, a "Company" and, collectively, the "Companies"), each Person designated as a "Stockholder" on the signature pages hereto (each a "Stockholder," and together, the "Stockholders"), and Denis Grosz, as representative of Parent and the Stockholders (the "Seller Representative"). The parties hereto are each individually referred to herein as a "Party" and collectively as the "Parties

Pultegroup, Inc. 2013 Stock Incentive Plan Restricted Stock Unit Award Agreement (February 7th, 2018)

Pursuant to the provisions of the PulteGroup, Inc. 2013 Stock Incentive Plan (the "Plan"), the employee named in the Grant Acceptance (the "Holder") has been granted a restricted stock unit award (the "Award") with respect to the number of common shares, $.01 par value per share, of PulteGroup, Inc., a Michigan corporation (the "Company"), set forth in the Grant Acceptance (the "Shares"), subject to adjustment as provided herein and in the Plan. The Award is subject to the restrictions, terms and conditions set forth below. Capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the Plan. This Agreement, together with the Grant Acceptance, constitute the Restricted Stock Unit Agreement which is made and entered into as of the grant date set forth in the Grant Acceptance (the "Grant Date").

Coeur Mining, Inc. Amended and Restated Executive Severance Policy (February 7th, 2018)

This Coeur Mining, Inc. Amended and Restated Executive Severance Policy (the "Policy") is effective as of February 5, 2018 (the "Effective Date"). The original Policy was effective as of January 1, 2012, and was last amended and restated effective September 16, 2013. The purpose of the Policy is to provide for the payment of severance benefits to certain executives of Coeur Mining, Inc. (the "Company") or one of its subsidiaries in connection with a termination of employment in certain circumstances. The Policy is intended to be an unfunded plan that is maintained primarily to provide severance compensation and benefits to a select group of "management or highly compensated employees" within the meaning of Sections 201, 301, and 401 of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), and therefore to be exempt from the provisions of Parts 2, 3, and 4 of Title I of ERISA.

Mortgage, Assignment of Leases and Rents, Security Agreement, and Financing Statement (February 6th, 2018)

THIS MORTGAGE, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT, AND FINANCING STATEMENT (this "Mortgage") is made on February 1, 2018, by and between the Grantor, as herein defined, and FLAGSTAR BANK, FSB, a federally chartered savings bank (together with its successors and/or assigns, "Bank"), whose address is 5151 Corporate Drive, Troy, Michigan 48098.

Loan and Financing Agreement (February 6th, 2018)

This Loan and Financing Agreement ("Agreement") made February 1, 2018, by and between FLAGSTAR BANK, F.S.B., a federally chartered savings bank ("Bank"), whose address is 5151 Corporate Drive, Troy, Michigan 48098-2639, and UTSI Finance, Inc., a Michigan corporation ("Borrower") having the address of 12755 East Nine Mile Road, Warren, Michigan, 48089.

Lear Corporation – Lear Corporation 2009 Long-Term Stock Incentive Plan Form of Restricted Stock Unit Terms and Conditions (February 6th, 2018)
Notes Purchase Agreement (February 6th, 2018)

This notes purchase agreement (this "Agreement") is made and entered into as of February 2, 2018 (the "Closing Date") by and among Full House Resorts, Inc., a Delaware corporation (the "Company"), the Guarantors (as defined herein) and Sagard Credit Partners, LP, Great Elm Capital Corp. and certain entities named in the Confidential Letter (as defined below) for which Pacific Investment Management Company LLC is an investment manager or advisor (the "Purchasers").

BEARINGS, INC. 3600 Euclid Avenue Cleveland, Ohio 44115-2515 (February 6th, 2018)

The undersigned, BEARINGS, INC., an Ohio corporation (herein called the "COMPANY"), hereby agrees with you as set forth below. Reference is made to paragraph 10 hereof for definitions of capitalized terms used herein and not otherwise defined herein.