Michigan Sample Contracts

Coeur Mining, Inc. – Coeur Mining, Inc. (March 1st, 2019)

Reference is made to (i) the Share Purchase Agreement, dated December 22, 2017, by and among Coeur Mining, Inc., a Delaware corporation (“Coeur”), Coeur South America Corp., a Delaware corporation (“CSA”), Coeur Explorations, Inc., an Idaho corporation (“CEE” and together with CSA and Coeur, the “Sellers”), Empresa Minera Manquiri S.A., a Bolivian sociedad anónima (the “Company”) and Ag-Mining Investments, AB (formerly NewCo 4714 Sweden AB under change of name to Argentum Investment AB) (“Buyer”), as amended on February 16, 2018 (the “Share Purchase Agreement”), (ii) the Net Smelter Returns Royalty Agreement, dated February 28, 2018, by and between Coeur and Buyer (the “NSR Agreement”), (iii) the Second Amended and Restated Promissory Note, dated September 25, 2018, from the Buyer in favor of Coeur, with a principal amount of $9,979,874.42 (the “Coeur Note”), (iv) the Second Amended and Restated Promissory Note, dated September 25, 2018, from the Buyer in favor of CSA, with a principal

Taubman Centers Inc – SECOND AMENDMENT TO CORPORATE SERVICES AGREEMENT (February 28th, 2019)

THIS SECOND AMENDMENT TO CORPORATE SERVICES AGREEMENT (“Amendment”), made and entered into as of December 23, 2008, by and between TAUBMAN CENTERS, INC., a Michigan corporation, whose address is 200 East Long Lake Road, Suite 300, Bloomfield Hills, Michigan 48304 (“Company”), and THE TAUBMAN COMPANY LLC, a Delaware limited liability company (successor by conversion to The Taubman Company Limited Partnership, a Delaware limited partnership), whose address is 200 East Long Lake Road, Suite 300, Bloomfield Hills, Michigan 48304 (“Manager”), is based upon the following:

Flagstar Bancorp Inc – Employment Agreement (February 28th, 2019)

This Employment Agreement (the “Agreement”) is made and entered into as of [insert date], 2018, by and between Flagstar Bancorp, Inc., a Michigan corporation (the “Company”), Flagstar Bank, FSB, a federally chartered savings bank and wholly-owned subsidiary of the Company (the “Bank” and, together with the Company, “Flagstar”) and Lee Smith (the “Executive”). The Company, the Bank and Executive are referred to collectively as the “Parties” and individually as a “Party.”

Flagstar Bancorp Inc – Change in Control Agreement (February 28th, 2019)

This Change in Control Agreement (the “Agreement”) is made and entered into as of January 18, 2019 (the “Effective Date”), by and between Flagstar Bancorp, Inc., a Michigan corporation (the “Company”), Flagstar Bank, FSB, a federally chartered savings bank and wholly-owned subsidiary of the Company (the “Bank” and, together with the Company, “Flagstar”) and James Ciroli (the “Executive”). The Company, the Bank and Executive are referred to collectively as the “Parties” and individually as a “Party.”

Flagstar Bancorp Inc – Employment Agreement (February 28th, 2019)

This Employment Agreement (the “Agreement”) is made and entered into as of October 22, 2018, by and between Flagstar Bancorp, Inc., a Michigan corporation (the “Company”), Flagstar Bank, FSB, a federally chartered savings bank and wholly-owned subsidiary of the Company (the “Bank” and, together with the Company, “Flagstar”) and Alessandro DiNello (the “Executive”). The Company, the Bank and Executive are referred to collectively as the “Parties” and individually as a “Party.”

Flagstar Bancorp Inc – Change in Control Agreement (February 28th, 2019)

This Change in Control Agreement (the “Agreement”) is made and entered into as of January 18, 2019 (the “Effective Date”), by and between Flagstar Bancorp, Inc., a Michigan corporation (the “Company”), Flagstar Bank, FSB, a federally chartered savings bank and wholly-owned subsidiary of the Company (the “Bank” and, together with the Company, “Flagstar”) and Stephen Figliuolo (the “Executive”). The Company, the Bank and Executive are referred to collectively as the “Parties” and individually as a “Party.”

Universal Forest Products Inc – UNIVERSAL FOREST PRODUCTS, INC. 4.20% SENIOR SERIES C NOTE DUE 14 JUNE 2028 (February 27th, 2019)

This Note is one of the 4.20% Series C Senior Notes, due 14 June 2028 of the Company in the original aggregate principal amount of $40,000,000, which, together with the 3.89% Series A Senior Notes, due December 17, 2022, of the Company in the original aggregate principal amount

PERRIGO Co Plc – ANNUAL INCENTIVE PLAN (February 27th, 2019)

Perrigo Company, a Michigan corporation, adopted the Perrigo Company Annual Incentive Plan (“AIP,” previously referred to as the “MIB”) for the purpose of enhancing its ability to attract and retain highly qualified employees and to provide additional financial incentives to such employees to promote the success of Perrigo Company and its subsidiaries. Effective June 14, 2016, sponsorship of the AIP transferred to Perrigo Company plc and the AIP was renamed the Perrigo Company plc Annual Incentive Plan (the “Plan”). The Plan is being amended and restated, as set forth herein, effective as of February 13, 2019.

Vericel Corp – Vericel Corporation 2017 Omnibus Incentive Plan Incentive Stock Option Award Agreement (February 26th, 2019)

AWARD AGREEMENT (the "Agreement"), effective as of [[GRANTDATE]] (the “Grant Date”), is entered into by and between Vericel Corporation, a Michigan corporation (the “Company”), and [[FIRSTNAME]] [[LASTNAME]] (the “Participant”).

Vericel Corp – Vericel Corporation 2017 Omnibus Incentive Plan Incentive Stock Option Award Agreement (February 26th, 2019)

AWARD AGREEMENT (the “Agreement”), effective as of [[GRANTDATE]] (the “Grant Date”), is entered into by and between Vericel Corporation, a Michigan corporation (the “Company”), and [[FIRSTNAME]] [[LASTNAME]] (the “Participant”).

Credit Acceptance Corp – SALE AND CONTRIBUTION AGREEMENT (February 26th, 2019)

This SALE AND CONTRIBUTION AGREEMENT, dated as of February 21, 2019 (the “Agreement”), is made between CREDIT ACCEPTANCE CORPORATION, a Michigan corporation (“CAC”) and CREDIT ACCEPTANCE FUNDING LLC 2019-1, a Delaware limited liability company (“Funding”).

Sun Communities Inc – SIXTH LEASE MODIFICATION (February 21st, 2019)

THIS SIXTH LEASE MODIFICATION (" Modification") is made and entered into as of this 26th day of June, 2018, by and between AMERICAN CENTER LLC, a Michigan limited liability company ("Landlord"), and SUN COMMUNITIES OPERATING LIMITED PARTNERSHIP, a Michigan limited partnership ("Tenant").

Dominos Pizza Inc – EMPLOYMENT AGREEMENT (February 21st, 2019)

This Employment Agreement is made as of February 11, 2012, by Domino’s Pizza LLC, a Michigan limited liability company (the “Company”) and J. Kevin Vasconi (the “Executive”).

Dominos Pizza Inc – EMPLOYMENT AGREEMENT (February 21st, 2019)

This Employment Agreement is made as of April 9, 2018, by Domino’s Pizza International Payroll Services, Inc., a Michigan limited liability company (the “Company”) and Joseph H. Jordan (the “Executive”).

Taubman Centers Inc – December 31, 2018 Three Months Ended December 31, 2017 Three Months Ended December 31, 2018 Year Ended December 31, 2017 Year Ended Net income attributable to common shareowners, diluted (in thousands)Growth rate $3,087 (84.8)% $20,291 $58,037 4.8% $55,381 Net income attributable to common shareowners (EPS) per diluted common shareGrowth rate $0.05 (84.8)% $0.33 $0.95 4.4% $0.91 Funds from Operations (FFO) per diluted common shareGrowth rate $0.86 (15.7)% $1.02 $3.715.7% $3.51 Adjusted Funds from Operations (Adjusted FFO) per diluted common shareGrowth rate $0.91(1) (11.7)% $1.03(2) $3.83(1)3. (February 13th, 2019)

Comparable Center Net Operating Income (NOI), Including Lease Cancellation Income Up 4.4 Percent for the Year (Up 3.8 Percent Excluding Lease Cancellation Income)

DevMar Equities, Inc. – La Cortez Energy Announces FINRA Company Related Action, Changing Name to DevMar Equities, Inc. La Cortez Energy announces the processing of its FINRA company related action changing its name to DevMar Equities, Inc. and the implementation of its new business - real estate acquisition and development of multifamily/mixed-use and hospitality projects in high growth urban locations with a focus in Florida. Birmingham, MI, February 11, 2019 --(PR.com)-- La Cortez Energy announces the processing of its FINRA company related action changing its name to “DevMar Equities, Inc.” (the “Company”) and th (February 11th, 2019)

La Cortez Energy announces the processing of its FINRA company related action changing its name to DevMar Equities, Inc. and the implementation of its new business - real estate acquisition and development of multifamily/mixed-use and hospitality projects in high growth urban locations with a focus in Florida.

Amedisys Inc – Joinder Agreement (February 4th, 2019)

THIS JOINDER AGREEMENT (this “Agreement”), dated as of February 4, 2019, is by and among Compassionate Care Hospice of San Diego, LLC, a California limited liability company (“CCH of San Diego”), Peaceful Days Hospice, Inc., a California corporation (“Peaceful Days”), Pathways to Compassion of California, LLC, a California limited liability company (“Pathways of California”), Compassionate Care Hospice West, LLC, a California limited liability company (“CCH West”), Compassionate Care Hospice of Delaware, L.L.C., a Delaware limited liability company (“CCH of Delaware”), Compassionate Care Hospice of the Delmar Peninsula, LLC, a Delaware limited liability company (“CCH of Delmar Peninsula”), Compassionate Care Hospice Group, Inc., a Florida corporation (“CCH Group”), Compassionate Care Hospice of Central Florida, Inc., a Florida corporation (“CCH of Central Florida”), Compassionate Care Hospice of Miami Dade and the Florida Keys, Inc., a Florida corporation (“CCH of Miami Dade and the Fl

Stryker Corp – STRYKER REPORTS 2018 RESULTS AND 2019 OUTLOOK (January 29th, 2019)

Kalamazoo, Michigan - January 29, 2019 - Stryker (NYSE:SYK) reported operating results for the fourth quarter and full year of 2018 and 2019 outlook:

Cirius Therapeutics, Inc. – ASSIGNMENT AND ASSUMPTION OF LEASE (January 11th, 2019)

This Assignment and Assumption of Lease (“Assignment”) is entered into and made effective as of the 1st day of April, 2017, by and between METABOLIC SOLUTIONS DEVELOPMENT COMPANY, LLC a Delaware limited liability company (“Assignor”) and CIRIUS THERAPEUTICS, INC., a Delaware corporation (“Assignee”), and consented to by MAIN STREET EAST, LLC, a Michigan limited liability company (“Landlord”).

Diplomat Pharmacy, Inc. – Separation & Release Agreement (January 7th, 2019)

In consideration for certain benefits granted to the undersigned (the "Employee") as set forth in this release, to which Employee is not otherwise entitled, Employee hereby executes and delivers this release (this "Release") as of the date set forth on the signature page below.

Arotech Corp – Committee shall made a determination as to what percentage of the Budgeted Number was attained. It is hereby clarified that no bonus shall be due unless the Company shall have attained at least 100% of the Company’s Budgeted Number. (c) The Executive shall be entitled to a paid annual vacation of twenty-two (22) business days with respect to, and during, each twelve (12) month period of her employment hereunder, provided that up to five days of the unused portion of any such vacation, in respect to any year, may be carried forward only to the next year, with the remainder being redeemed by the (December 27th, 2018)
Mbt Financial Corp – AMENDMENT TO EXECUTIVE AGREEMENT (December 21st, 2018)

This amendment (the “Amendment”) is made this ______ day of ____________, 2018 to the form of change in control agreement or severance agreement (the “Executive Agreement”) by and between MBT Financial Corp., a Michigan corporation (“MBT”), and [_______________________________] (“Executive”) attached hereto as Exhibit A.

SpartanNash Co – AMENDMENT NO. 4 TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (December 19th, 2018)

This Amended and Restated Loan and Security Agreement dated, and as amended and restated, as of November 19, 2013 (the “Effective Date”) is entered into by and among SpartanNash Company, a Michigan corporation, formerly known as Spartan Stores, Inc. (“Parent”), Spartan Stores Distribution, LLC, a Michigan limited liability company (“Stores Distribution”), Market Development, LLC, a Michigan limited liability company (“MDC”), SpartanNash Associates, LLC, a Michigan limited liability company, formerly known as Spartan Stores Associates, LLC (“Associates”), Family Fare, LLC, a Michigan limited liability company (“Family Fare”), MSFC, LLC, a Michigan limited liability company (“MSFC”), Seaway Food Town, Inc., a Michigan corporation (“Seaway”), The Pharm of Michigan, Inc., a Michigan corporation (“Pharm”), Valley Farm Distributing Co., an Ohio corporation (“Valley Farm”), Gruber’s Real Estate, LLC, a Michigan limited liability company (“Gruber RE”), Prevo’s Family Markets, Inc., a Michigan

Credit Acceptance Corp – FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT (December 19th, 2018)

THIS FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”), dated as of December 17, 2018, to the Loan and Security Agreement, dated as of December 1, 2017 (as amended, restated, supplemented, or otherwise modified from time to time, the “Loan Agreement”), among CAC WAREHOUSE FUNDING LLC VII, a Delaware limited liability company (the “Borrower”), CREDIT ACCEPTANCE CORPORATION, a Michigan corporation (“Credit Acceptance”, the “Originator”, the “Servicer”, or the “Custodian”), the persons from time to time party thereto as LENDERS, the persons from time to time party thereto as MANAGING AGENTS, CREDIT SUISSE AG, NEW YORK BRANCH, as deal agent (in such capacity, together with its successors and assigns, the “Deal Agent”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, as the collateral agent (in such capacity, the “Collateral Agent”) and acknowledged by WELLS FARGO BANK, NATIONAL ASSOCIATION, as the backup servicer (in such capacity, the “Backup Servicer”). Unless defined elsewh

GENTHERM Inc – SEPARATION AGREEMENT (December 12th, 2018)

This SEPARATION AGREEMENT (this “Agreement”), is entered into as of December 11, 2018 (the “Effective Date”) by and between Barry G. Steele (“Steele”) and Gentherm Incorporated, a Michigan corporation (“Gentherm”).

Conifer Holdings, Inc. – News Release For Further Information: Jessica Gulis, 248.559.0840 ir@cnfrh.com For Immediate Release Conifer Holdings Announces Share Repurchase Program of up to One Million Shares Birmingham, MI, December 11, 2018 ‐ Conifer Holdings, Inc. (Nasdaq: CNFR, CNFRL) (“Conifer” or the “Company”) today announced that its Board of Directors has authorized a program to repurchase up to one million shares of the Company’s common stock. Shares may be purchased in the open market or through negotiated transactions. The program may be terminated or suspended at any time, at the discretion of the Company. M (December 11th, 2018)
Oil-Dri Corp of America – Contract (December 7th, 2018)

CHICAGO-(December 7, 2018)-Oil-Dri Corporation of America (NYSE: ODC), producer and marketer of sorbent mineral products, announced today its first quarter 2019 earnings.

Neogen Corp – FIRST AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT (December 6th, 2018)

THIS FIRST AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT, dated as of November 30, 2018 (this “Amendment”), is by and between NEOGEN CORPORATION, a Michigan corporation (the “Borrower”), and JPMORGAN CHASE BANK, N.A., a national banking association (the “Lender”).

Mercantile Bank Corp – EMPLOYMENT AGREEMENT (December 3rd, 2018)

This Amended and Restated Employment Agreement (“Agreement”) is made as of the 29th day of November, 2018, effective as of December 31, 2018, by and among Mercantile Bank Corporation, a Michigan corporation (the “Company”), Mercantile Bank of Michigan, a Michigan banking corporation (the “Bank”, and collectively with the Company, the “Employers”), and Lonna L. Wiersma (the “Employee”).

Twinlab Consolidated Holdings, Inc. – TWELFTH AMENDMENT TO NOTE AND WARRANT PURCHASE AGREEMENT* (November 19th, 2018)

This TWELFTH AMENDMENT TO NOTE AND WARRANT AGREEMENT (this "Amendment"), dated as of July 27, 2018, is made by and between TWINLAB CONSOLIDATED HOLDINGS, INC., a Nevada corporation, TWINLAB CONSOLIDATION CORPORATION, a Delaware corporation, TWINLAB HOLDINGS, INC., a Michigan corporation, ISI BRANDS INC., a Michigan corporation, and TWINLAB CORPORATION, a Delaware corporation, NUTRASCIENCE LABS, INC., a Delaware corporation, NUTRASCIENCE LABS IP CORPORATION., a Delaware corporation, ORGANIC HOLDINGS LLC, a Delaware limited liability company, RESERVE LIFE ORGANICS, LLC, a Delaware limited liability company, RESVITALE, LLC, a Delaware limited liability company, RE-BODY, LLC, a Delaware limited liability company, INNOVITAMIN ORGANICS, LLC, a Delaware limited liability company, ORGANICS MANAGEMENT LLC, a Delaware limited liability company, COCOAWELL, LLC, a Delaware limited liability company, FEMBODY, LLC, a Delaware limited liability company, RESERVE LIFE NUTRITION, L.L.C., a Delaware limi

Twinlab Consolidated Holdings, Inc. – THIRTEENTH AMENDMENT TO NOTE AND WARRANT PURCHASE AGREEMENT AND LIMITED CONSENT* (November 19th, 2018)

This THIRTEENTH AMENDMENT TO NOTE AND WARRANT AGREEMENT (this "Amendment"), dated as of July 27, 2018, is made by and between TWINLAB CONSOLIDATED HOLDINGS, INC., a Nevada corporation, TWINLAB CONSOLIDATION CORPORATION, a Delaware corporation, TWINLAB HOLDINGS, INC., a Michigan corporation, ISI BRANDS INC., a Michigan corporation, and TWINLAB CORPORATION, a Delaware corporation, NUTRASCIENCE LABS, INC., a Delaware corporation, NUTRASCIENCE LABS IP CORPORATION., a Delaware corporation, ORGANIC HOLDINGS LLC, a Delaware limited liability company, RESERVE LIFE ORGANICS, LLC, a Delaware limited liability company, RESVITALE, LLC, a Delaware limited liability company, RE-BODY, LLC, a Delaware limited liability company, INNOVITAMIN ORGANICS, LLC, a Delaware limited liability company, ORGANICS MANAGEMENT LLC, a Delaware limited liability company, COCOAWELL, LLC, a Delaware limited liability company, FEMBODY, LLC, a Delaware limited liability company, RESERVE LIFE NUTRITION, L.L.C., a Delaware l

Vici Properties Inc. – VICI PROPERTIES INC. TO ACQUIRE THE REAL ESTATE ASSETS OF THE GREEKTOWN CASINO- HOTEL AND LEASE TO PENN NATIONAL GAMING (November 14th, 2018)

NEW YORK, NEW YORK – November 14, 2018 – VICI Properties Inc. (NYSE: VICI) (“VICI Properties” or the “Company”), an experiential real estate investment trust (“REIT”), today announced that it has, together with Penn National Gaming, Inc. (PENN: Nasdaq) (“Penn National”) entered into definitive agreements to acquire the real property and operations of the Greektown Casino-Hotel (“Greektown”), located in downtown Detroit, Michigan, for an aggregate purchase price of approximately $1.0 billion in cash. Under the terms of the agreements, VICI Properties will acquire the land and real estate assets of Greektown for approximately $700.0 million, and Penn National will acquire the operating assets of Greektown for approximately $300.0 million.

Aerie Pharmaceuticals Inc – Manufacture and Supply Agreement (November 7th, 2018)

This Manufacture and Supply Agreement (the “Agreement”) is entered into and made effective as of this 1st day of January 2018 (the “Effective Date”), by and between:

Inuvo, Inc. – AMENDED AND RESTATED BUSINESS FINANCING AGREEMENT (November 7th, 2018)

This AMENDED AND RESTATED BUSINESS FINANCING AGREEMENT, dated as of October 11, 2018 (the “Closing Date”), is made and entered into by and among WESTERN ALLIANCE BANK, AN ARIZONA CORPORATION (“Lender”), INUVO, INC., a Nevada corporation (“Parent”), BABYTOBEE, LLC, a New York limited liability company (“Babytobee”), KOWABUNGA MARKETING, INC., a Michigan corporation (“Kowabunga”), VERTRO, INC., a Delaware corporation (“Vertro”), A LOT, INC., a Delaware corporation (“A LOT”), and NETSEER, INC., a Nevada corporation (“NetSeer” and together with Parent, Babytobee, Kowabunga, Vertro and A LOT, individually and collectively, jointly and severally, “Borrower”), on the following terms and conditions:

Inuvo, Inc. – ELEVENTH BUSINESS FINANCING MODIFICATION AGREEMENT (November 7th, 2018)

This Eleventh Business Financing Modification Agreement (the “Amendment”) is entered into as of September 19, 2018 by and between WESTERN ALLIANCE BANK, an Arizona corporation (“Lender”) INUVO, INC., a Nevada corporation (“Parent”), BABYTOBEE, LLC, a New York limited liability company (“Babytobee”), KOWABUNGA MARKETING, INC., a Michigan corporation (“Kowabunga”), VERTRO, INC., a Delaware corporation (“Vertro”), ALOT, INC., a Delaware corporation (“A LOT”), and NETSEER, INC., a Nevada corporation formerly known as NETSEER ACQUISITION, INC. (“NetSeer” and together with Parent, Babytobee, Kowabunga Vertro and A LOT, each a “Borrower” and collectively, “Borrowers”).