Nebraska Sample Contracts

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Lincolnway Energy – Distiller's Grain Off-Take Agreement (Nevada, Iowa) (December 8th, 2017)

THIS DISTILLER'S GRAIN OFF-TAKE AGREEMENT ("Agreement") is dated as of December 2, 2013, 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").

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").

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.

America First Tax Exempt Investors, L.P. – Capital on Demand Sales Agreement (December 7th, 2017)

AMERICA FIRST MULTIFAMILY INVESTORS, L.P. a Delaware limited partnership (the "Partnership"), confirms its agreement (this "Agreement") with JONESTRADING INSTITUTIONAL SERVICES LLC (the "Agent"), as follows:

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.

GS Mortgage Securities Trust 2017-GS8 – Contract (November 30th, 2017)
Cardinal Ethanol LLC – Eleventh Amendment of First Amended and Restated Construction Loan Agreement (November 29th, 2017)

THIS ELEVENTH AMENDMENT OF FIRST AMENDED AND RESTATED CONSTRUCTION LOAN AGREEMENT ("Amendment") is made as of the 31st day of October, 2017 between FIRST NATIONAL BANK OF OMAHA, a national banking association ("Lender") and CARDINAL ETHANOL, LLC, an Indiana limited liability company ("Borrower"). This Amendment amends that certain First Amended and Restated Construction Loan Agreement dated June 10, 2013 between Lender and Borrower (as amended, the "Loan Agreement").

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;

Assignment and Assumption Agreement (November 20th, 2017)

This Assignment and Assumption Agreement (this Assignment Agreement) is dated as of September 29, 2017 (the Effective Date), by and between Black Knight Financial Services, Inc., a Delaware corporation (Assignor) and Black Knight, Inc., a Delaware corporation (Assignee).

Terra Income Fund 6, Inc. – TERRA CAPITAL MARKETS, LLC SECOND AMENDED AND RESTATED DEALER MANAGER AGREEMENT September 30, 2017 (November 20th, 2017)
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;

Fifth AMENDMENT TO the CREDIT aGReement (November 17th, 2017)
Americold Realty Trust – GUARANTEE AND COLLATERAL AGREEMENT Dated as of December 1, 2015, Among AMERICOLD REALTY OPERATING PARTNERSHIP, L.P., THE SUBSIDIARIES OF AMERICOLD REALTY OPERATING PARTNERSHIP, L.P. IDENTIFIED HEREIN and JPMORGAN CHASE BANK, N.A., as Administrative Agent (November 14th, 2017)

GUARANTEE AND COLLATERAL AGREEMENT dated as of December 1, 2015 (this Agreement), among Americold Realty Operating Partnership, L.P., the Subsidiaries from time to time party hereto and JPMorgan Chase Bank, N.A. (JPMCB), as Administrative Agent.

Americold Realty Trust – Contract (November 14th, 2017)

INCREMENTAL JOINDER AGREEMENT dated as of February 8, 2017 (this Agreement), to the CREDIT AGREEMENT dated as of December 1, 2015 (as amended, supplemented or otherwise modified from time to time, the Credit Agreement), among AMERICOLD REALTY OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (the Borrower), the LENDERS and LETTER OF CREDIT ISSUERS from time to time party thereto and JPMORGAN CHASE BANK, N.A., as Administrative Agent (the Administrative Agent).

Americold Realty Trust – Contract (November 14th, 2017)

AMENDMENT NO. 2 dated as of January 20, 2017 (this Amendment), to the CREDIT AGREEMENT dated as of December 1, 2015 (as amended, supplemented or otherwise modified from time to time, the Credit Agreement), among AMERICOLD REALTY OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (the Borrower), the LENDERS and LETTER OF CREDIT ISSUERS from time to time party thereto and JPMORGAN CHASE BANK, N.A. (JPMCB), as Administrative Agent (the Administrative Agent).

Western Capital Resources, Inc. – Amended and Restated Employment Agreement (November 14th, 2017)

THIS AMENDED AND RESTATED EMPLOYMENT AGREEMENT ("Agreement") is made and entered into effective as of August 16, 2017, by and between Western Capital Resources, Inc., a Delaware corporation ("Company"), and Angel Donchev, a resident of the District of Columbia ("Employee"), and amends and restates an earlier Employment Agreement between the parties dated as of February 9, 2015 (the "Original Agreement").

Americold Realty Trust – CREDIT AGREEMENT Among AMERICOLD REALTY OPERATING PARTNERSHIP, L.P., the Several Lenders and Letter of Credit Issuers From Time to Time Parties Hereto, JPMORGAN CHASE BANK, N.A., as Administrative Agent, and BANK OF AMERICA, N.A., as Syndication Agent Dated as of December 1, 2015 J.P. MORGAN SECURITIES LLC, MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED and GOLDMAN SACHS LENDING PARTNERS LLC, as Joint Lead Arrangers and Joint Bookrunners (November 14th, 2017)

CREDIT AGREEMENT (this Agreement), dated as of December 1, 2015 among AMERICOLD REALTY OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (the Borrower), the several banks and other financial institutions or entities from time to time parties to this Agreement as Lenders and Letter of Credit Issuers (each, as defined in Section 1.1) and JPMORGAN CHASE BANK, N.A., as administrative agent.

Fifth Amendment to Credit Agreement (November 14th, 2017)

This FIFTH AMENDMENT TO CREDIT AGREEMENT (this "Amendment") is entered into as of August 2, 2017, by and among WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as administrative agent and collateral agent for each member of the Lender Group and the Bank Product Providers (in such capacities, together with its successors and assigns in such capacities, "Agent") and as United States administrative agent for each member of the Lender Group and the Bank Product Providers (in such capacity, together with its successors and assigns in such capacity, "US Agent"), WELLS FARGO CAPITAL FINANCE CORPORATION CANADA, an Ontario corporation, as Canadian administrative agent for each member of the Lender Group and the Bank Product Providers (in such capacity, together with its successors and assigns in such capacity, "Canadian Agent"), the Lenders (as defined in the Credit Agreement as defined below) party hereto, UPLAND SOFTWARE, INC., a Delaware corporation ("Parent"), each su

Americold Realty Trust – Contract (November 14th, 2017)

INCREMENTAL JOINDER AGREEMENT dated as of May 11, 2017 (this Agreement), to the CREDIT AGREEMENT dated as of December 1, 2015 (as amended, supplemented or otherwise modified from time to time, the Credit Agreement), among AMERICOLD REALTY OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (the Borrower), the LENDERS and LETTER OF CREDIT ISSUERS from time to time party thereto and JPMORGAN CHASE BANK, N.A. (JPMCB), as Administrative Agent (the Administrative Agent).

Americold Realty Trust – Contract (November 14th, 2017)

AMENDMENT NO. 1 dated as of July 18, 2016 (this Amendment), to the CREDIT AGREEMENT dated as of December 1, 2015 (as amended, supplemented or otherwise modified from time to time, the Credit Agreement), among AMERICOLD REALTY OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (the Borrower), the LENDERS and LETTER OF CREDIT ISSUERS from time to time party thereto and JPMORGAN CHASE BANK, N.A. (JPMCB), as Administrative Agent (the Administrative Agent).

US Alliance Corp – Coinsurance Agreement (November 13th, 2017)
Prosper Funding LLC – Contract (November 13th, 2017)
American Shared Hospital Services – Contract (November 13th, 2017)
Prosper Funding LLC – Contract (November 13th, 2017)
Windstream Services, Llc – Contract (November 13th, 2017)
Landmark Bancorp Inc. – Contract (November 13th, 2017)
Prosper Funding LLC – Contract (November 13th, 2017)
SiteOne Landscape Supply, Inc. – VOLUME SUBMITTER DEFINED CONTRIBUTION PLAN (PROFIT SHARING/401(K) PLAN) a FIDELITY VOLUME SUBMITTER PLAN Adoption Agreement No. 001 for Use With Fidelity Basic Plan Document No. 17 (November 9th, 2017)

Fidelity Management & Research Company and its affiliates do not provide tax or legal advice. Nothing herein or in any attachments hereto should be construed, or relied upon, as tax or legal advice.

Eighth Amendment to Second Amended and Restated Loan and Security Agreement and Amendment to Amended and Restated Collateral Pledge Agreement (November 9th, 2017)

This Eighth Amendment to Second Amended and Restated Loan and Security Agreement and Amendment to Amended and Restated Collateral Pledge Agreement, dated as of November 6, 2017 (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").

Performance-Based Restricted Stock Unit Agreement (November 8th, 2017)

THIS AGREEMENT, dated as of August 15, 2017, by and between W. R. BERKLEY CORPORATION, a Delaware corporation (the "Company"), and grantee as set forth on Exhibit A hereto (the "Grantee"). Important jurisdiction-specific modifications to this Agreement are contained in Exhibit B hereto and are incorporated herein by reference.

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.

Amcon Distributing Company – Second Amended and Restated Loan and Security Agreement (November 8th, 2017)

THIS THIRD AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this "Amendment") is dated as of November 6, 2017 among each of AMCON Distributing Company, a Delaware corporation, having its principal place of business at 7405 Irvington Road, Omaha, Nebraska 68122 ("AMCON"), Chamberlin Natural Foods, Inc., a Florida corporation, having its principal place of business at 3711 Oleander Way, Suite 1309, Casselberry, Florida 32707 ("Chamberlin Natural"), Health Food Associates, Inc., an Oklahoma corporation, having its principal place of business at 7807 East 51st Street, Tulsa, Oklahoma 74145 ("Health Food"), and AMCON ACQUISITION CORP., a Delaware corporation, having its principal place of business at 7405 Irvington Road, Omaha, Nebraska 68122 ("AMCON Acquisition"; AMCON, Chamberlin Natural, Health Food and AMCON Acquisition are each referred to as a "Borrower" and are collectively referred to as "Borrowers"), and BANK OF AMERICA, N.A., a national banking association (i

Contract for Purchase and Sale of Real Property (November 7th, 2017)

This Contract for the Purchase and Sale of Real Property (the "Agreement") is made by and between Mayflower Vehicle Systems, LLC, a Delaware limited liability company ("Seller"), and Warren Distribution, Inc., a Nebraska corporation ("Buyer"), on the date of final signature, as indicted below (the "Effective Date"). The Property shall be free and clear of any and all personal property, equipment, machinery, debris, or other items notwithstanding fixtures, whether belonging to Seller or other, prior to Buyer's purchase.

America First Tax Exempt Investors, L.P. – Subscription Documents (November 6th, 2017)

THIS SUBSCRIPTION AGREEMENT (the "Agreement") is effective as of the date set forth on the signature page hereof (the "Effective Date"), between the undersigned subscriber (the "Subscriber"), and America First Multifamily Investors, L.P., a Delaware limited partnership (the "Partnership").

Fourth Amendment to Limited Waiver to Credit Agreement and Fourth Amendment to Credit Agreement (November 1st, 2017)

THIS FOURTH AMENDMENT TO LIMITED WAIVER TO CREDIT AGREEMENT AND FOURTH AMENDMENT TO CREDIT AGREEMENT dated as of October 31, 2017 (this Fourth 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