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FIRST AMENDED AND RESTATED CREDIT AGREEMENT Dated as of October 18, 2017 Among VALMONT INDUSTRIES, INC., and Certain of Its Subsidiaries, as the Borrowers, the Lenders Party Hereto JPMORGAN CHASE BANK, N.A. As Administrative Agent and BANK OF AMERICA, N.A., U.S. BANK NATIONAL ASSOCIATION, and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Syndication Agents, and JPMORGAN CHASE BANK, N.A., MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED, WELLS FARGO SECURITIES, LLC and U.S. BANK NATIONAL ASSOCIATION, as Joint Bookrunners and Joint Lead Arrangers and AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITE (October 20th, 2017)

FIRST AMENDED AND RESTATED CREDIT AGREEMENT dated as of October 18, 2017 (the Agreement), among VALMONT INDUSTRIES, INC., a Delaware corporation (the Company), VALMONT INDUSTRIES HOLLAND B.V., a private company with limited liability, with corporate seat in Eindhoven, the Netherlands, registered with the trade register of the Dutch chamber of commerce under number 17072821 (Valmont Holland), VALMONT GROUP PTY LTD., a company incorporated under the laws of Queensland, Australia (Valmont Australia), and the other Subsidiaries of the Company who become party to this Agreement pursuant to Section 5.10 hereof, the LENDERS party hereto, and JPMORGAN CHASE BANK, N.A., as Administrative Agent.

First National Master Note Trust – Risk Retention Agreement (October 19th, 2017)

RISK RETENTION AGREEMENT, dated as of October 19, 2017 (this Agreement), by and among FIRST NATIONAL BANK OF OMAHA, a national banking association (FNBO), FIRST NATIONAL FUNDING LLC, a Nebraska limited liability company (the Transferor) and FIRST NATIONAL MASTER NOTE TRUST, a Delaware statutory trust (the Issuer).

LEASE (NON-CPLV) by and Among the Entities Listed on Schedule a (Collectively, and Together With Their Respective Permitted Successors and Assigns) as Landlord and CEOC, LLC and the Entities Listed on Schedule B (Collectively, and Together With Their Respective Permitted Successors and Assigns) as Tenant Dated October 6, 2017 for the Properties Listed on Exhibit A (October 13th, 2017)

THIS LEASE (NON-CPLV) (this Lease) is entered into as of October 6, 2017, by and among the entities listed on Schedule A attached hereto (collectively, and together with their respective successors and assigns, Landlord), and CEOC, LLC, a Delaware limited liability company, and the entities listed on Schedule B attached hereto (collectively, or if the context clearly requires, individually, and together with their respective successors and assigns, Tenant).

Bandwidth Inc. – Master Service Agreement (October 13th, 2017)

This Master Service Agreement (Agreement) is made this 14th day of March, 2008 between LEVEL 3 COMMUNICATIONS, LLC (Level 3) and Vixxi Solutions Inc. (Customer). This Agreement provides the general terms and conditions applicable to Customers purchase of communications services (Service) from Level 3.

Davey Tree Expert Co – THIRD AMENDED AND RESTATED CREDIT AGREEMENT Among THE DAVEY TREE EXPERT COMPANY, as Borrower, VARIOUS LENDING INSTITUTIONS, as Banks, KEYBANK NATIONAL ASSOCIATION, (October 12th, 2017)

This THIRD AMENDED AND RESTATED CREDIT AGREEMENT (as the same may from time to time be further amended, restated, supplemented or otherwise modified, this "Agreement") is made effective as of the 6th day of October, 2017, among:

Vici Properties Inc. – LEASE (NON-CPLV) by and Among the Entities Listed on Schedule a (Collectively, and Together With Their Respective Permitted Successors and Assigns) as Landlord and CEOC, LLC and the Entities Listed on Schedule B (Collectively, and Together With Their Respective Permitted Successors and Assigns) as Tenant Dated October 6, 2017 for the Properties Listed on Exhibit A (October 11th, 2017)

THIS LEASE (NON-CPLV) (this Lease) is entered into as of October 6, 2017, by and among the entities listed on Schedule A attached hereto (collectively, and together with their respective successors and assigns, Landlord), and CEOC, LLC, a Delaware limited liability company, and the entities listed on Schedule B attached hereto (collectively, or if the context clearly requires, individually, and together with their respective successors and assigns, Tenant).

GWG Holdings, Inc. – Form of Soliciting Dealer Agreement With Emerson Equity, Llc (October 10th, 2017)

Emerson Equity, LLC (the "Dealer Manager") entered into a dealer manager agreement, dated as of ____________, 2017 (the "Dealer Manager Agreement"), with GWG Holdings, Inc., a Delaware corporation (the "Company"), under which the Dealer Manager agreed to use its best efforts to solicit subscriptions in connection with the public offering (the "Offering") of up to $1,000,000,000 in aggregate principal amount of the Company's L Bonds ("L Bonds"). The L Bonds will be sold in "Units" at a public offering price of $1,000 per Unit. The Offering will commence on the initial Effective Date (as defined below). Unless otherwise defined herein, capitalized terms used herein shall have the respective meanings therefor as in the Dealer Manager Agreement.

Helicon Group Lp – Fourth Supplemental Indenture (October 6th, 2017)

FOURTH SUPPLEMENTAL INDENTURE (this Supplemental Indenture) dated as of November 1, 2016 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.

Helicon Group Lp – TIME WARNER CABLE ENTERPRISES LLC, the Guarantors Named on Schedule I Hereto and THE BANK OF NEW YORK MELLON, as Trustee Fourteenth Supplemental Indenture Dated as of November 1, 2016 (October 6th, 2017)

FOURTEENTH SUPPLEMENTAL INDENTURE (this Supplemental Indenture) dated as of November 1, 2016 among TIME WARNER CABLE ENTERPRISES LLC, a Delaware limited liability company (TWCE), the guarantors named on Schedule I hereto (the Guarantors) and THE BANK OF NEW YORK MELLON (formerly known as The Bank of New York), a banking corporation duly organized and existing under the laws of New York, as Trustee (the Trustee).

Condor Hospitality Trust, Inc. – Cash Management Agreement (October 6th, 2017)

THIS CASH MANAGEMENT AGREEMENT (this Agreement) is made as of October 4, 2017, by and among WELLS FARGO BANK, NATIONAL ASSOCIATION (together with its successors and/or assigns, Lender), CDOR JAX COURT, LLC, a Delaware limited liability company, CDOR ATL INDY, LLC, a Delaware limited liability company, CDOR SAN SPRING, LLC, a Delaware limited liability company (collectively, Borrower) and TRS ATL INDY, LLC, a Delaware limited liability company, TRS JAX COURT, LLC, a Delaware limited liability company, and TRS SAN SPRING LLC, a Delaware limited liability company (collectively, Operating Tenant).

Helicon Group Lp – Fifth Supplemental Indenture (October 6th, 2017)

THIS FIFTH SUPPLEMENTAL INDENTURE among TIME WARNER CABLE, LLC (f/k/a TWC NEWCO LLC as successor-in-interest to Time Warner Cable Inc.), a Delaware limited liability company (the Company), the guarantors named on Schedule I hereto (the Guarantors), and THE BANK OF NEW YORK MELLON (formerly known as The Bank of New York), a New York banking corporation, as trustee (the Trustee), is made and entered into as of November 1, 2016.

Condor Hospitality Trust, Inc. – LOAN AGREEMENT Dated as of October 4, 2017 Between CDOR JAX COURT, LLC, TRS JAX COURT, LLC, CDOR ATL INDY, LLC, TRS ATL INDY, LLC, CDOR SAN SPRING, LLC, and TRS SAN SPRING LLC, Collectively, as Borrower and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Lender (October 6th, 2017)

THIS LOAN AGREEMENT, dated as of October 4, 2017 (as amended, restated, replaced, supplemented or otherwise modified from time to time, this Agreement), between WELLS FARGO BANK, NATIONAL ASSOCIATION, having an address c/o Wells Fargo Commercial Mortgage Servicing, 401 S. Tryon Street, 8th Floor, Charlotte, North Carolina 28202 (together with its successors and/or assigns, Lender) and CDOR JAX COURT, LLC, a Delaware limited liability company, TRS JAX COURT, LLC, a Delaware limited liability company, CDOR ATL INDY, LLC, a Delaware limited liability company, TRS ATL INDY, LLC, a Delaware limited liability company, CDOR SAN SPRING, LLC, a Delaware limited liability company, and TRS SAN SPRING LLC, a Delaware limited liability company, each having an address at c/o Condor Hospitality Trust, Inc., 4800 Montgomery Lane, Suite 220, Bethesda, MD 20814 (together with its permitted successors and/or assigns, collectively, Borrower).

Amendment No. 4 (October 4th, 2017)

This Second Amended and Restated Loan Agreement is entered into as of October 14, 2016, by and among VANTIV, LLC, a Delaware limited liability company (the Borrower), the various institutions from time to time party to this Agreement, as Lenders, and JPMorgan Chase Bank, N.A., as administrative agent and collateral agent (the Administrative Agent or Collateral Agent).

Third Amendment to Limited Waiver to Credit Agreement and Third Amendment to Credit Agreement (October 3rd, 2017)

THIS THIRD AMENDMENT TO LIMITED WAIVER TO CREDIT AGREEMENT AND THIRD AMENDMENT TO CREDIT AGREEMENT dated as of October 2, 2017 (this Third Amendment), is entered into among GLOBAL EAGLE ENTERTAINMENT INC., a Delaware corporation (the Company), the Guarantors identified on the signature pages hereto, the Lenders (as defined below) party hereto, and CITIBANK, N.A., as administrative agent (in such capacity, the Administrative Agent). Reference is made to the Credit Agreement, dated as of January 6, 2017 (as amended, restated, amended and restated, extended, supplemented or otherwise modified in writing from time to time, the Credit Agreement), among the Company, the Guarantors party thereto from time to time, the Administrative Agent, each lender from time to time party thereto (collectively, the Lenders and, individually, a Lender), CITIBANK, N.A., as L/C Issuer, and CITIBANK, N.A., as Swing Line Lender. Capitalized terms used herein and not otherwise defined shall have the meanings asc

Cabela's Credit Card Master Note Trust – Contract (September 29th, 2017)

OMNIBUS SECURITIZATION AGREEMENTS ASSIGNMENT AND ASSUMPTION ACKNOWLEDGEMENT AND AMENDMENT AGREEMENT, dated as of September 25, 2017 (this Agreement) among Worlds Foremost Bank, a Nebraska state bank, as the original seller, servicer and administrator (the Original Seller and Servicer or WFB)), WFB Funding, LLC, a Nebraska limited liability company, as transferor (the Transferor), Capital One Bank (USA), National Association, a national banking association, as new seller, servicer and administrator (the New Seller and Servicer or Capital One), U.S. Bank National Association, as trustee (the Master Trust Trustee) under the Pooling and Servicing Agreement (as defined below) and as indenture trustee (the Indenture Trustee) under the Indenture (as defined below), Cabelas Credit Card Master Note Trust, a Delaware statutory trust (the Issuer), and Clayton Fixed Income Services LLC, as asset representations reviewer (Clayton).

Alliance MMA, Inc. – Asset Purchase Agreement (September 29th, 2017)
Tri-State Generation & Transmission Association, Inc. – Second Amended and Restated Wholesale Power Contract for the Eastern Interconnection by and Between Basin Electric Power Cooperative and Tri-State Generation and Transmission Association, Inc. (September 28th, 2017)

THIS AGREEMENT, made as of this 27th day of September, 2017, which will become effective on October 1, 2017 ("Effective Date"), between Basin Electric Power Cooperative ("Seller"), a cooperative corporation organized and existing under the laws of the State of North Dakota, whose principal place of business is located at 1717 East Interstate Avenue, Bismarck, North Dakota 58503, and Tri-State Generation and Transmission Association, Inc., ("Tri-State"), a cooperative corporation organized and existing under the laws of the State of Colorado, whose principal place of business is located at 1100 West 116th Avenue, Westminster, Colorado 80234, (Seller and Tri-State may be individually referred to herein as a "Party" or collectively as the "Parties").

Lincolnway Energy – Amended and Restated Distiller's Grain Off-Take Agreement (Nevada, Iowa) (September 28th, 2017)

THIS AMENDED AND RESTATED DISTILLER'S GRAIN OFF-TAKE AGREEMENT ("Agreement") is dated as of September 6, 2017, by and between Lincolnway Energy, LLC an Iowa limited liability company ("Producer"), and Gavilon Ingredients, LLC, a Delaware limited liability company ("Gavilon") (each, a "Party", and collectively, the "Parties").

Cabela's Credit Card Master Note Trust – Second Amended and Restated Operating Agreement of Wfb Funding, Llc (September 25th, 2017)

The undersigned (all of which are hereinafter referred to as the Members and each as a Member) having previously agreed to form and operate a limited liability company (hereinafter referred to herein as the Company) according to the Companys Articles of Organization and the Nebraska Uniform Limited Liability Company Act (Nebraska Revised Statutes SSSS 21-101 et seq.), as it may be enacted and amended from time to time (the Act), hereby adopt this Second Amended and Restated Operating Agreement (this Agreement) as of September 22, 2017, which amends, restates and supersedes in its entirety the Amended and Restated Operating Agreement of the Company, dated December 6, 2013.

Cco Holdings Llc – Cross-Reference Table* (September 21st, 2017)

SEVENTH SUPPLEMENTAL INDENTURE dated as of September 18, 2017 (the Supplemental Indenture) among Charter Communications Operating, LLC, a Delaware limited liability company (and any successor Person thereto, CCO), Charter Communications Operating Capital Corp., a Delaware corporation (Capital Corp and, together with CCO, the Issuers), CCO Holdings, LLC, a Delaware limited liability company (CCO Holdings), the subsidiary guarantors party hereto (together with CCO Holdings, the Note Guarantors) and The Bank of New York Mellon Trust Company, N.A., as trustee (and together with its successors in such capacity, the Trustee) and as Collateral Agent (and together with its successors in such capacity, the Collateral Agent).

Cco Holdings Llc – Charter Communications Operating, Llc Charter Communications Operating Capital Corp. 4.200% Senior Secured Notes Due 2028 Exchange and Registration Rights Agreement (September 21st, 2017)
Cco Holdings Llc – Charter Communications Operating, Llc Charter Communications Operating Capital Corp. 5.375% Senior Secured Notes Due 2047 Exchange and Registration Rights Agreement (September 21st, 2017)
TD Ameritrade – The Toronto-Dominion Bank (September 18th, 2017)

Reference is made to that certain letter agreement regarding the appointment of the Stockholder Director to the Board, dated as of October 24, 2016 (the Agreement), by and among The Toronto-Dominion Bank, TD Luxembourg International Holdings S.a r.l. and TD Ameritrade Holding Corporation. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in the Agreement.

Second Amendment to Limited Waiver to Credit Agreement (September 14th, 2017)

THIS SECOND AMENDMENT TO LIMITED WAIVER TO CREDIT AGREEMENT dated as of September 13, 2017 (this Second Amendment to Limited Waiver), is entered into among GLOBAL EAGLE ENTERTAINMENT INC., a Delaware corporation (the Company), the Guarantors identified on the signature pages hereto, the Lenders party hereto, and CITIBANK, N.A., as administrative agent (in such capacity, the Administrative Agent). Capitalized terms used herein and not otherwise defined shall have the meanings ascribed thereto in the Limited Waiver described below.

Gladstone Land Corporation – Gladstone Land Corporation UNDERWRITING AGREEMENT (September 8th, 2017)

Introductory. Gladstone Land Corporation, a Maryland corporation (the Company), proposes to issue and sell to the several underwriters named in Schedule A hereto (the Underwriters) an aggregate of 1,000,000 shares (the Shares) of its Common Stock, par value $0.001 per share (the Common Stock). The Company is the indirect general partner of Gladstone Land Limited Partnership (the Operating Partnership), a Delaware limited partnership that serves as the Companys primary operating partnership subsidiary. The 1,000,000 Shares to be sold by the Company are called the Firm Shares. In addition, the Company has agreed to sell to the Underwriters, subject to the terms and conditions stated herein, up to an additional 150,000 Shares to cover the over-allotment by the Underwriters, if any. The additional 150,000 Shares to be sold by the Company pursuant to such over-allotment option are collectively called the Optional Shares. The Firm Shares and, if and to the extent such over-allotment option i

Revolving Line of Credit Note (September 7th, 2017)

FOR VALUE RECEIVED, the undersigned THE BUCKLE, INC. and BUCKLE BRANDS, INC. ("Borrower") promises to pay to the order of WELLS FARGO BANK, NATIONAL ASSOCIATION ("Bank") at its office at MAC: N8069-020, 13625 California Street, 2nd Floor, Omaha, Nebraska 68154 or at such other place as the holder hereof may designate, in lawful money of the United States of America and in immediately available funds, the principal sum of Twenty-Five Million Dollars ($25,000,000.00), or so much thereof as may be advanced and be outstanding pursuant to the terms of the Credit Agreement, as defined herein, with interest thereon, to be computed on each advance from the date of its disbursement as set forth herein.

Barnes & Noble – Consulting Agreement (September 7th, 2017)

Agreement made this 18th day of July, 2017 by and between BARNES & NOBLE, INC., a Delaware limited liability company having its principal place of business at 122 Fifth Avenue, New York, New York 10011 (B&N), and David Deason, having a principal place of business at (Consultant).

Elevate Credit, Inc. – Second Amendment to Third Amended and Restated Financing Agreement (September 1st, 2017)

This SECOND AMENDMENT TO THIRD AMENDED AND RESTATED FINANCING AGREEMENT (this "Amendment") is made and entered into as of August 30, 2017 by and among Rise SPV, LLC, a Delaware limited liability company (the "US Term Note Borrower"), as the US Term Note Borrower, Elevate Credit International Ltd., a company incorporated under the laws of England with number 05041905 (the "UK Borrower"), as the UK Borrower, Elevate Credit Service, LLC, a Delaware limited liability company, as the US Last Out Term Note Borrower ("Elevate Credit" or the "US Last Out Term Note Borrower"), Elevate Credit, Inc., a Delaware corporation, as the US Convertible Term Note Borrower ("Elevate Credit Parent" or the "US Convertible Term Note Borrower"; the US Term Note Borrower, the UK Borrower, the US Last Out Term Note Borrower and the US Convertible Term Note Borrower, each a "Borrower" and collectively, the "Borrowers"), the Guarantors party hereto (such Guarantors, collectively with the Borrowers, the "Credit Pa

Fourth Amendment to the Credit Agreement (August 29th, 2017)

This Fourth Amendment to the Credit Agreement (Amendment) is dated as of August 29, 2017, between by and among GREEN PLAINS CATTLE COMPANY LLC (the Borrower), the commercial, banking or financial institutions whose signatures appear on the signature pages hereof or which hereafter become parties to the Credit Agreement (as defined below) (and such commercial, banking or financial institutions are sometimes referred to hereinafter collectively as the Lenders and individually as a Lender), and BANK OF THE WEST and ING CAPITAL, LLC, as Joint Administrative Agent). Borrower, Lenders, and the Joint Administrative Agent agree as follows:

Niocorp Developments Ltd – OFF TAKE AGREEMENT Between NioCorp 525-999 West Hastings Street, Vancouver BC / Canada (Hereinafter Referred to as "Seller") and THYSSEN KRUPP METALLURGICAL PRODUCTS GMBH ( TKMetPro ) ThyssenKrupp Allee 1, D-45143 Essen / Germany (Hereinafter Referred to as "Buyer") (August 29th, 2017)
Citigroup Commercial Mortgage Trust 2017-B1 – CITIGROUP COMMERCIAL MORTGAGE SECURITIES INC., PURCHASER and Morgan Stanley Mortgage Capital Holdings LLC, SELLER MORTGAGE LOAN PURCHASE AGREEMENT Dated as of August 1, 2017 Citigroup Commercial Mortgage Trust 2017-B1, Commercial Mortgage Pass-Through Certificates, Series 2017-B1 (August 29th, 2017)

This Mortgage Loan Purchase Agreement ("Agreement"), dated as of August 1, 2017, is between Citigroup Commercial Mortgage Securities Inc., a Delaware corporation, as purchaser (the "Purchaser"), and Morgan Stanley Mortgage Capital Holdings LLC, a New York limited liability company, as seller (the "Seller").

Citigroup Commercial Mortgage Trust 2017-B1 – INTERCREDITOR AGREEMENT Dated as of August 29, 2017 by and Between MORGAN STANLEY Bank, N.A. (Note a Holder) and MORGAN STANLEY Bank, N.A. (Note B Holder) TKG 4 Retail Portfolio (August 29th, 2017)

This INTERCREDITOR AGREEMENT (this "Agreement"), dated as of August 29, 2017, by and between MORGAN STANLEY BANK, N.A. ("Morgan Stanley Bank"), as holder of Note A (in such capacity, together with its successors and assigns, the "Note A Holder"), and Morgan Stanley Bank, as holder of Note B (in such capacity, together with its successors and assigns, the "Note B Holder").

ASTERISKS INDICATE THAT CONFIDENTIAL INFORMATION HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THIS OMITTED INFORMATION. CREDIT AND SECURITY AGREEMENT Dated as of June 14, 2017 by and Among ACCURAY INCORPORATED and TOMOTHERAPY INCORPORATED Each as a Borrower, and Collectively as Borrowers, and MIDCAP FINANCIAL TRUST, as Agent and as a Lender, and THE ADDITIONAL LENDERS FROM TIME TO TIME PARTY HERETO (August 25th, 2017)

THIS CREDIT AND SECURITY AGREEMENT (as the same may be amended, supplemented, restated or otherwise modified from time to time, the Agreement) is dated as of June 14, 2017 by and among ACCURAY INCORPORATED, a Delaware corporation (Accuray or Borrower Representative), TOMOTHERAPY INCORPORATED, a Wisconsin corporation, and any additional borrower that may hereafter be added to this Agreement (collectively, Other Borrowers and, together with Borrower Representative, each individually as a Borrower, and collectively as Borrowers), MIDCAP FINANCIAL TRUST, a Delaware statutory trust, individually as a Lender, and as Agent, and the financial institutions or other entities from time to time parties hereto, each as a Lender.

New Residential Investment Corp – Contract (August 22nd, 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").