Montana Sample Contracts

Cempra Inc. – FACILITY AGREEMENT Dated as of January 5, 2018 by and Among Melinta Therapeutics, Inc., as the Borrower, the Other Loan Parties Party Hereto From Time to Time, the Lenders and Cortland Capital Market Services LLC, as Agent for Itself and the Lenders (January 10th, 2018)

FACILITY AGREEMENT (this Agreement), dated as of January 5, 2018, by and among Melinta Therapeutics, Inc., a Delaware corporation (the Borrower), the other Loan Parties (as defined below) party hereto from time to time, the lenders set forth on the signature page of this Agreement (together with their successors and permitted assigns, the Lenders), Cortland Capital Market Services LLC, a Delaware limited liability company (Cortland), as agent for the Secured Parties (in such capacity, together with its successors and assigns in such capacity, Agent, and, together with the Lenders, the Borrower and the other Loan Parties party hereto, the Parties).

US$ 970,000,000 TERM LOAN CREDIT AGREEMENT Dated as of January 2, 2018 by and Among BEACON ROOFING SUPPLY, INC., as the Borrower, the LENDERS Referred to Herein, CITIBANK, N.A., as Administrative Agent and Collateral Agent, WELLS FARGO BANK, NATIONAL ASSOCIATION, as Syndication Agent, CITIGROUP GLOBAL MARKETS INC., WELLS FARGO SECURITIES, LLC, J.P. MORGAN SECURITIES LLC, MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED and SUNTRUST ROBINSON HUMPHREY, INC., Each as a Joint Lead Arranger and Joint Bookrunner (January 5th, 2018)

TERM LOAN CREDIT AGREEMENT, dated as of January 2, 2018, by and among BEACON ROOFING SUPPLY, INC., a Delaware corporation, as the Borrower, the lenders who are party to this Agreement and the lenders who may become a party to this Agreement pursuant to the terms hereof, as Lenders, and CITIBANK, N.A., as Administrative Agent for the Lenders.

AMENDED AND RESTATED CREDIT AGREEMENT Dated as of January 2, 2018 by and Among BEACON ROOFING SUPPLY, INC., as Holdings, BEACON SALES ACQUISITION, INC., THE SUBSIDIARIES OF HOLDINGS PARTIES HERETO as US Borrowers, BEACON ROOFING SUPPLY CANADA COMPANY, as Canadian Borrower, the Parties Referred to Herein, as Lenders, and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent, Swingline Lender and Issuing Bank and WELLS FARGO BANK, NATIONAL ASSOCIATION, CITIGROUP CAPITAL MARKETS INC., BANK OF AMERICA, N.A., JPMORGAN CHASE BANK, N.A. And SUNTRUST ROBINSON HUMPHREY, INC. Each as a Joint L (January 5th, 2018)

AMENDED AND RESTATED CREDIT AGREEMENT, dated as of January 2, 2018, by and among Beacon Roofing Supply, Inc., a Delaware corporation, as Holdings, Beacon Sales Acquisition, Inc., a Delaware corporation, as a US Borrower, the Subsidiaries of Holdings set forth on Schedule 1.1(h), each as a US Borrower, Beacon Roofing Supply Canada Company, an unlimited liability company organized under the laws of Nova Scotia, as a Canadian Borrower, the lenders who are party to this agreement and the lenders who may become a party to this agreement pursuant to the terms hereof, as lenders, Wells Fargo Bank, National Association, a national banking association, as Administrative Agent for the Lenders, and Wells Fargo Bank, National Association, Citigroup Capital Markets Inc., Bank of America, N.A., JPMorgan Chase Bank, N.A. and SunTrust Robinson Humphrey, Inc., each as a Joint Lead Arranger and Joint Bookrunner.

Cco Holdings Llc – (A) This Restatement Agreement Shall Be Construed and Interpreted in Accordance With and Governed by the Law of the State of New York. (B) Each Party Hereto Hereby Irrevocably and Unconditionally Waives Trial by Jury in Any Legal Action or Proceeding Relating to This Restatement Agreement and for Any Counterclaim Herein. (December 28th, 2017)

AMENDED AND RESTATED CREDIT AGREEMENT, dated as of March 18, 1999, as amended and restated as of December 21, 2017, among CHARTER COMMUNICATIONS OPERATING, LLC, a Delaware limited liability company (the Borrower), CCO HOLDINGS, LLC, a Delaware limited liability company (Holdings), the several banks and other financial institutions or entities from time to time parties to this Agreement (the Lenders) and BANK OF AMERICA, N.A., as Administrative Agent (in such capacity, together with any successor, the Administrative Agent).

Helicon Group Lp – Eighth Supplemental Indenture (December 22nd, 2017)

EIGHTH SUPPLEMENTAL INDENTURE (this Supplemental Indenture) dated as of December 21, 2017 among Charter Communications Operating, LLC, a Delaware limited liability company (CCO), Charter Communications Operating Capital Corp., a Delaware corporation (together with CCO, the Issuers), CCO Holdings, LLC, a Delaware limited liability company (the Parent Guarantor), and the subsidiary guarantors named on Schedule I hereto (collectively with the Parent Guarantor, the Guarantors) and The Bank of New York Mellon Trust Company, N.A., a national banking association, as trustee (the Trustee) and collateral agent (the Collateral Agent) under the Indenture referred to below.

C&J Energy Services Ltd. – Employment Agreement (December 19th, 2017)

This Employment Agreement (this Agreement) is entered into as of December 14, 2017 (the Effective Date) by and between C&J Energy Services, Inc., a Delaware company (the Company), and Vic Joyce (Executive), and is effective as of the Effective Date.

Sixtieth Supplemental Indenture (December 18th, 2017)

THIS INDENTURE, dated as of the 1st day of December, 2017, between AVISTA CORPORATION (formerly known as The Washington Water Power Company), a corporation of the State of Washington, whose post office address is 1411 East Mission Avenue, Spokane, Washington 99202 (the "Company"), and CITIBANK, N.A., formerly First National City Bank (successor by merger to First National City Trust Company, formerly City Bank Farmers Trust Company), a national banking association incorporated and existing under the laws of the United States of America, whose post office address is 388 Greenwich Street, 14th Floor, New York, New York 10013 (the "Trustee"), as Trustee under the Mortgage and Deed of Trust, dated as of June 1, 1939 (the "Original Mortgage"), executed and delivered by the Company to secure the payment of bonds issued or to be issued under and in accordance with the provisions thereof, this indenture (the "Sixtieth Supplemental Indenture") being supplemental to the Original Mortgage, as he

Kearny Financial Corp. – Amended and Restated Non-Competition Agreement (December 13th, 2017)

THIS AMENDED AND RESTATED NON-COMPETITION AGREEMENT (this Agreement) is made and entered into by and between Kearny Bank (the Bank) and Paul M. Aguggia (Executive) (collectively referred to as the Parties) as of the 29th day of November, 2017.

32,000,000 Shares OASIS PETROLEUM INC. COMMON STOCK PAR VALUE $0.01 PER SHARE Underwriting Agreement (December 13th, 2017)

Oasis Petroleum Inc., a Delaware corporation (the "Company"), proposes to issue and sell to the underwriters named in Schedule 1 hereto (the "Underwriters"), an aggregate of 32,000,000 shares (the "Firm Shares") of the common stock, par value $0.01 per share, of the Company (the "Common Stock"). The Company also proposes to sell to the Underwriters, at the option of the Underwriters, up to an additional 4,800,000 shares of Common Stock (the "Option Shares"). The Firm Shares and the Option Shares are herein referred to as the "Shares."

Coca-Cola Plaza Atlanta, Georgia (December 8th, 2017)

We thank you very much for all of your contributions to the Coca-Cola system. This letter outlines the terms of your separation. All applicable elements of your separation package will be paid under the terms of the relevant policies and plans of The Coca-Cola Company (the "Company").

Bigfoot Project Investments Inc – Bigfoot Project Investments to Acquire Hospitality Provider in East Glacier Park, Montana (December 8th, 2017)

REDWOOD CITY, CA, December 3, 2017 - Bigfoot Project Investments Inc., (OTC PINK: BGFT) ("Bigfoot Project Investments") today announced it has signed a binding letter of intent to acquire all of the equity interests in East Glacier Park Enterprises LLC ("East Glacier Park Enterprises"), a privately-held hospitality provider in Browning, Montana, for $6.0 million in the form of Convertible Series A Preferred Stock of Bigfoot Project Investments.

Fogo de Chao, Inc. – Fogo De Chao, Inc. 2015 Omnibus Incentive Plan NOTICE OF RESTRICTED STOCK AWARD 2017 GrantPerformance Vesting (December 7th, 2017)

You have been granted a restricted stock award (this Award or Restricted Stock) on the following terms and subject to the provisions of Attachment A and the Fogo de Chao, Inc. 2015 Omnibus Incentive Plan (the Plan). Unless defined in this award agreement (including Attachment A and Exhibit A therein, this Agreement), capitalized terms will have the meanings assigned to them in the Plan. In the event of a conflict among the provisions of the Plan, this Agreement and any descriptive materials provided to you, the provisions of the Plan will prevail.

CREDIT AGREEMENT Dated as of December 6, 2017 Among SERVICE CORPORATION INTERNATIONAL, as Borrower, the Lenders Party Hereto, JPMORGAN CHASE BANK, N.A., as Administrative Agent, BANK OF AMERICA, N.A., WELLS FARGO BANK, NATIONAL ASSOCIATION and SUNTRUST BANK, as Co-Syndication Agents and BBVA COMPASS, THE BANK OF NOVA SCOTIA, FIFTH THIRD BANK, U.S. BANK NATIONAL ASSOCIATION and REGIONS BANK, as Co-Documentation Agents JPMORGAN CHASE BANK, N.A., MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED, WELLS FARGO SECURITIES, LLC and SUNTRUST ROBINSON HUMPHREY, INC., as Joint Bookrunners and Joint Lea (December 7th, 2017)

THIS CREDIT AGREEMENT (this Agreement), dated as of December 6, 2017, is entered into among Service Corporation International, a Texas corporation, the Lenders party hereto, JPMorgan Chase Bank, N.A., as Administrative Agent, Bank of America, N.A., Wells Fargo Bank, National Association and SunTrust Bank, as Co-Syndication Agents and BBVA Compass, The Bank of Nova Scotia, Fifth Third Bank, U.S. Bank National Association and Regions Bank, as Co-Documentation Agents.

Vet Online Supply Inc – Vet Online Supply Inc. ("VTNL") PROSPECTIVE DIRECTOR'S AGREEMENT (December 1st, 2017)

The undersigned Proposed Director ("the undersigned") agrees, if elected by shareholders (or appointed by the Board to fill a vacancy), to serve on the above company's Board of Directors from December 1, 2017 to the date of the Shareholders' Annual Meeting in the next calendar year.

Vet Online Supply Inc – Employee Agreement (December 1st, 2017)
Amendment No. 4 (December 1st, 2017)

THIS AMENDED AND RESTATED CREDIT AGREEMENT (the Agreement) is dated as of June 18, 2014, as amended November 27, 2017, and is made by and among CONSOL ENERGY INC.3, a Delaware corporation (CEI), EACH OF THE GUARANTORS (as hereinafter defined), the LENDERS (as hereinafter defined), JPMORGAN CHASE BANK, N.A., as syndication agent (in such capacity, the Syndication Agent), and PNC BANK, NATIONAL ASSOCIATION, as administrative agent for the Lenders under this Agreement (in such capacity, the Administrative Agent).

Vet Online Supply Inc – Employee Agreement (December 1st, 2017)
GS Mortgage Securities Trust 2017-GS8 – Contract (November 30th, 2017)
Contract (November 29th, 2017)

FIRST AMENDMENT, dated as of November 28, 2017 (this "Agreement"), to the Credit Agreement dated as of May 22, 2017 (as amended, restated, amended and restated, supplemented, or otherwise modified from time to time, the "Credit Agreement") among Blucora, Inc. (the "Borrower"), the guarantors from time to time party thereto, the lenders from time to time party thereto and Credit Suisse AG, Cayman Islands Branch, as administrative agent and collateral agent (in such capacity, the "Administrative Agent").

CNH Equipment Trust 2017-C – ASSET REPRESENTATIONS REVIEW AGREEMENT CNH EQUIPMENT TRUST 2017-C, as Issuing Entity and NEW HOLLAND CREDIT COMPANY, LLC, as Servicer and CLAYTON FIXED INCOME SERVICES LLC, as Asset Representations Reviewer (November 21st, 2017)

This ASSET REPRESENTATIONS REVIEW AGREEMENT (this Agreement), entered into as of the 1st day of November 2017, by and among CNH EQUIPMENT TRUST 2017-C, a Delaware statutory trust (the Issuing Entity), NEW HOLLAND CREDIT COMPANY, LLC, a Delaware limited liability company (the Servicer) and CLAYTON FIXED INCOME SERVICES LLC, a Delaware limited liability company (the Asset Representations Reviewer).

Burlington Stores, Inc. – In the Same Manner as the Following Example: Stricken Text) and to Add the Double-Underlined Text (Indicated Textually in the Same Manner as the Following Example: Double-Underlined Text) as Set Forth in the Pages of the Credit Agreement Attached as Exhibit a Hereto (The "Amended Credit Agreement"). (November 21st, 2017)

BURLINGTON COAT FACTORY WAREHOUSE CORPORATION (in such capacity, the "Borrower"), a corporation organized under the laws of the State of Delaware, with its principal executive offices at 1830 Route 130, Burlington, New Jersey 08016;

Terra Income Fund 6, Inc. – TERRA CAPITAL MARKETS, LLC SECOND AMENDED AND RESTATED DEALER MANAGER AGREEMENT September 30, 2017 (November 20th, 2017)
H&E Equipment Services – Amendment No. 3 (November 20th, 2017)

This AMENDMENT NO. 3 (this Agreement) to the Fourth Amended and Restated Credit Agreement, dated as of May 21, 2014 (as amended by that certain Amendment No. 1 dated as of February 5, 2015, that certain letter amendment dated as of November 29, 2016, as amended by that certain Amendment No. 2 and Consent dated as of August 17, 2017, and as the same may have been further amended, restated, supplemented or otherwise modified from time to time before the date hereof, the Original Credit Agreement, and as the Original Credit Agreement is amended hereby and further amended, supplemented, amended and restated or otherwise modified from time to time, the Credit Agreement), by and among H&E EQUIPMENT SERVICES, INC., a Delaware corporation (H&E Delaware), GREAT NORTHERN EQUIPMENT, INC., a Montana corporation (Great Northern), H&E EQUIPMENT SERVICES (CALIFORNIA), LLC, a Delaware limited liability company (H&E California and, together with H&E Delaware and Great Northern, each, a Borrower and, co

Cvr Refining Lp – Amendment No. 1 to Amended and Restated Abl Credit Agreement (November 17th, 2017)

WHEREAS, Agent, Lenders, Borrowers and Guarantors have entered into financing arrangements pursuant to which Lenders (or Agent on behalf of Lenders) may make loans and advances and provide other financial accommodations to Borrowers as set forth in the Amended and Restated ABL Credit Agreement, dated as of December 20, 2012, by and among Agent, Lenders, Borrowers and Guarantors (as the same now exists and is amended and supplemented pursuant hereto and may hereafter be further amended, modified, supplemented, extended, renewed, restated or replaced, the "Credit Agreement" or the "Existing Credit Agreement") and the other Credit Documents and have agreed to amend the Existing Credit Agreement and replace it in its entirety in the form of Exhibit A to this Amendment No. 1 pursuant to the terms and conditions of this Amendment No. 1;

Sunoco Logistics Partners Lp – Representing Limited Partner Interests UNDERWRITING AGREEMENT (November 16th, 2017)
CNH Equipment Trust 2017-C – ASSET REPRESENTATIONS REVIEW AGREEMENT CNH EQUIPMENT TRUST 2017-C, as Issuing Entity and NEW HOLLAND CREDIT COMPANY, LLC, as Servicer and CLAYTON FIXED INCOME SERVICES LLC, as Asset Representations Reviewer (November 16th, 2017)

This ASSET REPRESENTATIONS REVIEW AGREEMENT (this Agreement), entered into as of the 1st day of November 2017, by and among CNH EQUIPMENT TRUST 2017-C, a Delaware statutory trust (the Issuing Entity), NEW HOLLAND CREDIT COMPANY, LLC, a Delaware limited liability company (the Servicer) and CLAYTON FIXED INCOME SERVICES LLC, a Delaware limited liability company (the Asset Representations Reviewer).

Glacier Bancorp, Inc. – Voting Agreement and Irrevocable Proxy (November 15th, 2017)

This Voting Agreement and Irrevocable Proxy, dated as of October 26, 2017 (this Agreement), is made by and among Glacier Bancorp, Inc. (GBCI), Glacier Bank, a wholly owned subsidiary of GBCI (Glacier Bank), Inter-Mountain Bancorp., Inc., (IMB), First Security Bank, a wholly owned subsidiary of IMB (the Bank), Bruce A. Gerlach, as proxy (Gerlach), Steven E. Wheeler, as substitute proxy (Substitute), and the undersigned, each of whom is a shareholder of IMB (each, a Shareholder). This Agreement is effective upon the signing of the Merger Agreement (as defined below).

Glacier Bancorp, Inc. – Voting Agreement and Irrevocable Proxy (November 15th, 2017)

This Voting Agreement and Irrevocable Proxy, dated as of October 26, 2017 (this Agreement), is made by and among Glacier Bancorp, Inc. (GBCI), Glacier Bank, a wholly owned subsidiary of GBCI (Glacier Bank), Inter-Mountain Bancorp., Inc., (IMB), First Security Bank, a wholly owned subsidiary of IMB (the Bank), Bruce A. Gerlach, as proxy (Gerlach), Steven E. Wheeler, as substitute proxy (Substitute), and the undersigned, each of whom is a director of IMB and/or the Bank (each, a Director). This Agreement is effective upon the signing of the Merger Agreement (as defined below).

Glacier Bancorp, Inc. – Director Non-Competition Agreement (November 15th, 2017)

This Director Non-Competition Agreement, dated as of October 26, 2017 (this Agreement), is made by and among Glacier Bancorp, Inc. (GBCI), Glacier Bank, a wholly owned subsidiary of GBCI (Glacier Bank), Inter-Mountain Bancorp., Inc. (IMB), First Security Bank, a wholly owned subsidiary of IMB (the Bank), and the undersigned director, who currently serves as a director of IMB (the Director).

Nuvel Holdings, Inc. – Forbearance Agreement (November 14th, 2017)

This FORBEARANCE AGREEMENT ("Agreement") is entered into on the 8th day of September, 2017 ("Effective Date") by and between OrangeHook, Inc., a Minnesota corporation, Donald M. Miller, an individual residing in the State of Florida, Whitney E. Peyton, an individual residing in the State of Montana, Murray R. Klane, an individual residing in the State of Minnesota, Jeffrey Hattara, an individual residing in the State of Minnesota, James L. Mandel, an individual residing in the State of Minnesota, and MEZ Capital, LLC, a Minnesota limited liability company, (hereinafter from time to time referred to collectively as the "Parties").

Nuvel Holdings, Inc. – Commercial Promissory Note (November 14th, 2017)

FOR VALUE RECEIVED, the undersigned, OrangeHook, Inc., a corporation organized and existing under the laws of the State of Florida (hereinafter referred to as the "Maker"), and having offices at 319 Barry Avenue South, Ste. 300, Wayzata, MN 55391, hereby agrees and promises to pay to the order of Jeffrey A. Levy, or his successors and assigns (hereinafter referred to as the "Holder"), at [*], or such place as the Holder hereof may from time to time designate in writing, the principal sum of Two Hundred Fifty Thousand and no/100 ($250,000.00) Dollars, together with interest on the unpaid principal balance of this Note outstanding from time to time, at the rate of 15% per annum based on a 365-day year.

Nuvel Holdings, Inc. – Extension Agreement (November 14th, 2017)

THIS EXTENSION AGREEMENT ("Agreement") is effective as of on the 29th day of August, 2017 ("Effective Date"), by and between OrangeHook, Inc., a Minnesota corporation, Donald M. Miller, an individual residing in the State of Florida, Whitney E. Peyton, an individual residing in the State of Montana, Murray R. Klane, an individual residing in the State of Minnesota, Jeffrey Hattara, an individual residing in the State of Minnesota, James L. Mandel, an individual residing in the State of Minnesota, and MEZ Capital, LLC, a Minnesota limited liability company (hereinafter from time to time referred to collectively as the "Parties").

Prosper Funding LLC – Contract (November 13th, 2017)
Thirty- Seventh Supplemental Indenture (November 8th, 2017)

THIS THIRTY-SEVENTH SUPPLEMENTAL INDENTURE, dated as of November 1, 2017, between NORTHWESTERN CORPORATION, a corporation duly incorporated and existing under the laws of the State of Delaware (hereinafter called the "Company"), having its principal office at 3010 West 69th Street, Sioux Falls, South Dakota, 57108, and THE BANK OF NEW YORK MELLON (formerly The Bank of New York) (hereinafter called the "Corporate Trustee"), a corporation of the State of New York, whose principal corporate trust office is located at 101 Barclay Street, New York, New York, 10286 (successor to MORGAN GUARANTY TRUST COMPANY OF NEW YORK (formerly Guaranty Trust Company of New York)), and BEATA HARVIN, whose post office address is c/o The Bank of New York Mellon, 101 Barclay Street, New York, New York, 10286 (successor to Arthur E. Burke, Karl R. Henrich, H.H. Gould, R. Amundsen, P.J. Crowley, W.T. Cunningham, Douglas J. MacInnes, MaryBeth Lewicki, Ming Ryan and Philip L. Watson) (said Beata Harvin being here

Fogo de Chao, Inc. – Fogo De Chao, Inc. 2015 Omnibus Incentive Plan NOTICE OF RESTRICTED STOCK AWARD (November 8th, 2017)

You have been granted a restricted stock award (this "Award" or "Restricted Stock") on the following terms and subject to the provisions of Attachment A and the Fogo de Chao, Inc. 2015 Omnibus Incentive Plan (the "Plan"). Unless defined in this award agreement (including Attachment A and Exhibit A therein, this "Agreement"), capitalized terms will have the meanings assigned to them in the Plan. In the event of a conflict among the provisions of the Plan, this Agreement and any descriptive materials provided to you, the provisions of the Plan will prevail.