Nebraska Sample Contracts

Del Frisco's Restaurant Group, Inc. – ASSET AND EQUITY PURCHASE AGREEMENT Dated as of September 17, 2018 by and Between DEL FRISCO'S RESTAURANT GROUP, INC. And (September 19th, 2018)

This ASSET AND EQUITY PURCHASE AGREEMENT (this "Agreement") dated as of September 17, 2018 by and between Del Frisco's Restaurant Group, Inc., a Delaware corporation ("Seller"), and Sullivan's Holding LLC, a Delaware limited liability company ("Buyer"). Each of Seller and Buyer is referred to herein as a "Party" and collectively as the "Parties".

C&J Energy Services Ltd. – Employment Agreement (September 18th, 2018)

This Employment Agreement (this "Agreement") is entered into effective as of September 17, 2018 (the "Effective Date"), by and between C&J Spec-Rent Services, Inc., an Indiana company (the "Company"), and Jan Kees van Gaalen ("Executive").

Del Frisco's Restaurant Group, Inc. – ASSET AND EQUITY PURCHASE AGREEMENT Dated as of September 17, 2018 by and Between DEL FRISCO'S RESTAURANT GROUP, INC. And (September 18th, 2018)

This ASSET AND EQUITY PURCHASE AGREEMENT (this "Agreement") dated as of September 17, 2018 by and between Del Frisco's Restaurant Group, Inc., a Delaware corporation ("Seller"), and Sullivan's Holding LLC, a Delaware limited liability company ("Buyer"). Each of Seller and Buyer is referred to herein as a "Party" and collectively as the "Parties".

Ballantyne Strong, Inc. 11422 Miracle Hills Dr., Suite 300 Omaha, Nebraska 68154 September 9, 2018 (September 12th, 2018)

This letter is being delivered in connection with the purchase from Ballantyne Strong Inc. ("Seller") by Fundamental Global Investors, LLC ("Fundamental Global") or one or more of its affiliates (together with Fundamental Global, "Purchaser") of 1,147,087 shares of common stock, par value $0.60 (the "BKTI Securities"), of BK Technologies, Inc., a Nevada corporation (the "Company"), for a purchase price of $3.95 per each common share, which is equal to the greater of (i) the closing price per common share of the Company's stock as reported on the NYSE American stock exchange on September 7, 2018 (the last trading day before the date of this letter agreement) or (ii) the average closing price per common share of the Company's common stock as reported on the NYSE American stock exchange for the last 20 trading days ending on the date of this letter agreement. The Purchaser entities are listed on Schedule A along with the allocation of their respective Cash Purchase Price (as defined below

Streamline Health Solutions, Inc. – Employment Agreement (September 12th, 2018)

This EMPLOYMENT AGREEMENT (together with Exhibit A, the "Agreement") is entered as of September 10th, 2018, by and between Streamline Health Solutions, Inc., a Delaware corporation with its headquarters in Atlanta, Georgia (the "Company"), and Thomas J. Gibson, a resident of the state of Georgia ("Executive").

OMNIBUS AMENDMENT NO. 3 to AMENDED AND RESTATED CREDIT AGREEMENT (THREE-YEAR FACILITY), AMENDMENT NO. 2 TO LOCAL CURRENCY ADDENDUM and AMENDMENT NO. 3 to JAPAN LOCAL CURRENCY ADDENDUM (September 12th, 2018)

This OMNIBUS AMENDMENT NO. 3 TO AMENDED AND RESTATED CREDIT AGREEMENT (THREE-YEAR FACILITY), AMENDMENT NO. 2 TO LOCAL CURRENCY ADDENDUM and AMENDMENT NO. 3 TO JAPAN LOCAL CURRENCY ADDENDUM (this "Amendment"), dated as of September 10, 2018, is entered into by and among:

Fitlife Brands, Inc. – Transition Agreement (September 12th, 2018)

This Transition Agreement (the "Agreement") is effective as of August 15, 2018 (the "Effective Date") between FitLife Brands, Inc., a Nevada corporation (the "Company"), and Michael Abrams ("Abrams") (each of the foregoing individually a "Party" and collectively the "Parties").

Caterpillar Financial Services Corp – OMNIBUS AMENDMENT NO. 3 to AMENDED AND RESTATED CREDIT AGREEMENT (FIVE-YEAR FACILITY), AMENDMENT NO. 2 TO LOCAL CURRENCY ADDENDUM and AMENDMENT NO. 3 to JAPAN LOCAL CURRENCY ADDENDUM (September 12th, 2018)

This OMNIBUS AMENDMENT NO. 3 TO AMENDED AND RESTATED CREDIT AGREEMENT (FIVE-YEAR FACILITY), AMENDMENT NO. 2 TO LOCAL CURRENCY ADDENDUM and AMENDMENT NO. 3 TO JAPAN LOCAL CURRENCY ADDENDUM (this "Amendment"), dated as of September 10, 2018, is entered into by and among:

OMNIBUS AMENDMENT NO. 3 to AMENDED AND RESTATED CREDIT AGREEMENT (FIVE-YEAR FACILITY), AMENDMENT NO. 2 TO LOCAL CURRENCY ADDENDUM and AMENDMENT NO. 3 to JAPAN LOCAL CURRENCY ADDENDUM (September 12th, 2018)

This OMNIBUS AMENDMENT NO. 3 TO AMENDED AND RESTATED CREDIT AGREEMENT (FIVE-YEAR FACILITY), AMENDMENT NO. 2 TO LOCAL CURRENCY ADDENDUM and AMENDMENT NO. 3 TO JAPAN LOCAL CURRENCY ADDENDUM (this "Amendment"), dated as of September 10, 2018, is entered into by and among:

CREDIT AGREEMENT (2018 364-Day Facility) Dated as of September 6, 2018 Among CATERPILLAR INC., CATERPILLAR FINANCIAL SERVICES CORPORATION, CATERPILLAR INTERNATIONAL FINANCE DESIGNATED ACTIVITY COMPANY and CATERPILLAR FINANCE KABUSHIKI KAISHA, as Borrowers (September 12th, 2018)

Caterpillar Inc., a Delaware corporation ("Caterpillar"), Caterpillar Financial Services Corporation, a Delaware corporation ("CFSC"), Caterpillar International Finance Designated Activity Company, a designated activity company organized under the laws of Ireland ("CIF"), Caterpillar Finance Kabushiki Kaisha, an entity organized under the laws of Japan ("CFKK"), the financial institutions listed on the signature pages hereof and those financial institutions that become "Added Banks" pursuant to Section 2.05(c), in each case together with their respective successors and assigns (the "Banks"), Citibank, N.A. ("Citibank"), as agent (the "Agent") for the Banks hereunder, Citibank Europe plc, UK Branch (formerly known as Citibank International Limited), as the Local Currency Agent, and MUFG Bank, Ltd., as the Japan Local Currency Agent, agree as follows:

Caterpillar Financial Services Corp – OMNIBUS AMENDMENT NO. 3 to AMENDED AND RESTATED CREDIT AGREEMENT (THREE-YEAR FACILITY), AMENDMENT NO. 2 TO LOCAL CURRENCY ADDENDUM and AMENDMENT NO. 3 to JAPAN LOCAL CURRENCY ADDENDUM (September 12th, 2018)

This OMNIBUS AMENDMENT NO. 3 TO AMENDED AND RESTATED CREDIT AGREEMENT (THREE-YEAR FACILITY), AMENDMENT NO. 2 TO LOCAL CURRENCY ADDENDUM and AMENDMENT NO. 3 TO JAPAN LOCAL CURRENCY ADDENDUM (this "Amendment"), dated as of September 10, 2018, is entered into by and among:

Caterpillar Financial Services Corp – CREDIT AGREEMENT (2018 364-Day Facility) Dated as of September 6, 2018 Among CATERPILLAR INC., CATERPILLAR FINANCIAL SERVICES CORPORATION, CATERPILLAR INTERNATIONAL FINANCE DESIGNATED ACTIVITY COMPANY and CATERPILLAR FINANCE KABUSHIKI KAISHA, as Borrowers (September 12th, 2018)

Caterpillar Inc., a Delaware corporation ("Caterpillar"), Caterpillar Financial Services Corporation, a Delaware corporation ("CFSC"), Caterpillar International Finance Designated Activity Company, a designated activity company organized under the laws of Ireland ("CIF"), Caterpillar Finance Kabushiki Kaisha, an entity organized under the laws of Japan ("CFKK"), the financial institutions listed on the signature pages hereof and those financial institutions that become "Added Banks" pursuant to Section 2.05(c), in each case together with their respective successors and assigns (the "Banks"), Citibank, N.A. ("Citibank"), as agent (the "Agent") for the Banks hereunder, Citibank Europe plc, UK Branch (formerly known as Citibank International Limited), as the Local Currency Agent, and MUFG Bank, Ltd., as the Japan Local Currency Agent, agree as follows:

Agree Realty Corporation – AGREE REALTY CORPORATION 3,500,000 Shares of Common Stock (Par Value $0.0001 Per Share) UNDERWRITING AGREEMENT (September 7th, 2018)
New Residential Investment Corp – SECOND AMENDED AND RESTATED INDENTURE NRZ ADVANCE RECEIVABLES TRUST 2015-On1, as Issuer and DEUTSCHE BANK NATIONAL TRUST COMPANY, as Indenture Trustee, Calculation Agent, Paying Agent and Securities Intermediary and HLSS HOLDINGS, LLC, as Administrator and CREDIT SUISSE AG, NEW YORK BRANCH, as Administrative Agent and OCWEN LOAN SERVICING, LLC, and NEW RESIDENTIAL MORTGAGE LLC and NEW PENN FINANCIAL, LLC D/B/a SHELLPOINT MORTGAGE SERVICING Dated as of September 7, 2018 NRZ ADVANCE RECEIVABLES TRUST 2015-On1 ADVANCE RECEIVABLES BACKED NOTES, ISSUABLE IN SERIES (September 7th, 2018)

This SECOND AMENDED AND RESTATED INDENTURE (as amended, supplemented, restated, or otherwise modified from time to time, the "Indenture"), is made and entered into as of September 7, 2018 (the "Effective Date"), by and among NRZ ADVANCE RECEIVABLES TRUST 2015-ON1, a statutory trust organized under the laws of the State of Delaware (the "Issuer"), DEUTSCHE BANK NATIONAL TRUST COMPANY, a national banking association, in its capacity as Indenture Trustee (the "Indenture Trustee"), and as Calculation Agent, Paying Agent and Securities Intermediary (in each case, as defined below), HLSS HOLDINGS, LLC, a limited liability company organized under the laws of the State of Delaware ("HLSS"), NEW RESIDENTIAL MORTGAGE LLC, a limited liability company organized under the laws of the State of Delaware ("NRM"), NEW PENN FINANCIAL, LLC d/b/a SHELLPOINT MORTGAGE SERVICING, a limited liability company organized under the laws of the State of Delaware ("Shellpoint"), OCWEN LOAN SERVICING, LLC, a limited

Community Choice Financial Inc. – Revolving Credit Agreement (September 6th, 2018)

REVOLVING CREDIT AGREEMENT, dated as of September 6, 2018 (as the same may have been and may be hereafter further amended, restated, supplemented, or otherwise modified from time to time) (this "Agreement"), among COMMUNITY CHOICE FINANCIAL INC., an Ohio corporation (the "Borrower"), the Lenders (as defined in Article I), and GLAS TRUST COMPANY LLC, as administrative agent (in such capacity, the "Administrative Agent") for the Lenders and Holders.

NextEra Energy Partners, LP – MEMBERSHIP INTEREST PURCHASE AGREEMENT Among NEP RENEWABLES, LLC, NEXTERA ENERGY PARTNERS, LP, NEP RENEWABLES HOLDINGS, LLC, and THE CLASS B PURCHASERS PARTY HERETO August 31, 2018 (September 5th, 2018)

This Membership Interest Purchase Agreement, dated as of August 31, 2018 (this "Agreement"), is entered into by and among NEP Renewables, LLC, a Delaware limited liability company (the "Company"), NEP Renewables Holdings, LLC, a Delaware limited liability company (the "Class A Purchaser"), the Class B Purchasers set forth in Schedule A hereto, and NextEra Energy Partners, LP, a Delaware limited partnership ("NEP"), solely to the extent of the NEP Obligations.

NextEra Energy Partners, LP – AMENDMENT to AMENDED AND RESTATED PURCHASE AND SALE AGREEMENT (2018 PROJECTS ANNEX) (September 5th, 2018)

This AMENDMENT to AMENDED AND RESTATED PURCHASE AND SALE AGREEMENT, dated as of August 31, 2018 (the "Amendment"), is made and entered into by and among ESI ENERGY, LLC, a Delaware limited liability company ("ESI"), NEP US SELLCO, LLC, a Delaware limited liability company ("Sellco" or "Seller" and, solely for the purposes of Articles IV, IX, X and XII of the Agreement, the term "Seller" shall also include ESI), and NEXTERA ENERGY PARTNERS ACQUISITIONS, LLC, a Delaware limited liability company ("Purchaser") (ESI, Sellco and Purchaser being sometimes hereinafter referred to individually as a "Party" and collectively as the "Parties"). Capitalized terms not otherwise defined herein shall have the same meanings when used herein as in the Agreement.

Ballantyne Strong Announces Resignation of Sam Freitag From Board of Directors (August 30th, 2018)

OMAHA, Nebraska (August 30, 2018) - Ballantyne Strong, Inc. (NYSE American: BTN), a holding company with diverse business activities focused on serving the cinema, retail, financial, advertising and government markets, today announced the resignation of Sam Freitag from the Company's Board of Directors. Mr. Freitag has been a member of Ballantyne Strong's Board of Directors for over 7 years.

Post Holdings, Inc. – Third Amendment to Amended and Restated Credit Agreement; First Amendment to Joinder Agreement No. 1; And First Amendment To (August 22nd, 2018)

This AMENDED AND RESTATED CREDIT AGREEMENT (as amended, restated, amended and restated, supplemented or otherwise modified from time to time, this "Agreement") is entered into as of March 28, 2017, among POST HOLDINGS, INC., a Missouri corporation (the "Borrower"), each lender from time to time party hereto (collectively, the "Lenders" and individually, a "Lender"), BARCLAYS BANK PLC, as Administrative Agent and the Swing Line Lender, and each L/C Issuer (as defined below).

ACI WORLDWIDE, INC., as the Company, the Guarantors Party Hereto and WILMINGTON TRUST, NATIONAL ASSOCIATION, as Trustee Indenture Dated as of August 21, 2018 5.750% Senior Notes Due 2026 (August 21st, 2018)
Revised and Restated By-Laws of Werner Enterprises, Inc. (August 14th, 2018)
Remora Royalties, Inc. – Remora Royalties, Inc. [*] Shares Class a Common Stock ($0.01 Par Value Per Share) Underwriting Agreement (August 13th, 2018)
Securities Purchase Agreement (August 10th, 2018)

SECURITIES PURCHASE AGREEMENT, dated as of 6 August 2018 (this "Agreement"), by and between Prism Technologies Group, Inc., a Delaware corporation (the "Company"), and Novelty Capital Partners I, LLC, a Delaware limited liability company (the "Purchaser").

Consent and Seventh Amendment to Credit Agreement (August 9th, 2018)

This CONSENT AND SEVENTH AMENDMENT TO CREDIT AGREEMENT (this "Amendment") is entered into as of July 31, 2018, 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 ("Pare

Us Xpress Enterprises – CREDIT AGREEMENT Dated as of June 18, 2018 by and Among U.S. XPRESS ENTERPRISES, INC., as the Borrower, CERTAIN SUBSIDIARIES OF THE BORROWER PARTY HERETO, as the Guarantors, BANK OF AMERICA, N.A., as Administrative Agent, Swingline Lender, and L/C Issuer, and THE OTHER LENDERS PARTY HERETO MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED, WELLS FARGO SECURITIES, LLC, and JPMORGAN CHASE BANK, N.A., as Joint Lead Arrangers and Joint Bookrunners (August 9th, 2018)

This CREDIT AGREEMENT is entered into as of June 18, 2018, by and among U.S. XPRESS ENTERPRISES, INC., a Nevada corporation (the "Borrower"), the Guarantors party hereto, the Lenders party hereto, and BANK OF AMERICA, N.A., as Administrative Agent, Swingline Lender, and L/C Issuer.

National Research Corporation – National Research Corporation 2006 Equity Incentive Plan (August 9th, 2018)
America First Tax Exempt Investors, L.P. – Series Certificate Agreement (August 9th, 2018)

Section 1.01Definitions. Whenever used in these Standard Terms, capitalized terms will have the meaning for those terms provided in Appendix I to the Offering Circular, which appendix is attached as Exhibit A.

America First Tax Exempt Investors, L.P. – BOND EXCHANGE, REIMBURSEMENT, PLEDGE AND SECURITY AGREEMENT Between FEDERAL HOME LOAN MORTGAGE CORPORATION and ATAX TEBS IV, LLC (August 9th, 2018)

THIS BOND EXCHANGE, REIMBURSEMENT, PLEDGE AND SECURITY AGREEMENT dated as of August 1, 2018 (this "Agreement") by and between the FEDERAL HOME LOAN MORTGAGE CORPORATION ("Freddie Mac"), a shareholder-owned government-sponsored enterprise organized and existing under the laws of the United States, and ATAX TEBS IV, LLC, a limited liability company organized and existing under the laws of the State of Delaware, as Sponsor (the "Sponsor").

Lease Agreement (August 8th, 2018)

In consideration of the mutual covenants and agreements contained herein, the parties hereto agree for themselves, their successors and assigns, as follows:

Windstream Services, Llc – Indenture Dated as of August 2, 2018 (August 8th, 2018)

INDENTURE dated as of August 2, 2018 among Windstream Services, LLC, a Delaware limited liability company, Windstream Finance Corp., a Delaware corporation, the Guarantors (as defined below) listed on the signature pages hereto and Wilmington Trust, National Association, a national banking association organized under the laws of the United States, as Trustee and as Notes Collateral Agent.

Windstream Services, Llc – Indenture Dated as of August 2, 2018 (August 8th, 2018)

INDENTURE dated as of August 2, 2018 among Windstream Services, LLC, a Delaware limited liability company, Windstream Finance Corp., a Delaware corporation, the Guarantors (as defined below) listed on the signature pages hereto and Wilmington Trust, National Association, a national banking association organized under the laws of the United States, as Trustee and as Notes Collateral Agent.

Global Medical REIT Inc. – Amended and Restated Credit Agreement Dated as of August 7, 2018 Among Global Medical REIT L.P., as Borrower the Guarantors From Time to Time Party Hereto, the Lenders From Time to Time Party Hereto, and BMO Harris Bank N.A., as Administrative Agent BMO Capital Markets, Citizens Bank, N.A., SunTrust Robinson Humphrey, Inc., and KeyBank National Association as Co-Syndication Agents, Joint Lead Arrangers and Joint Book Runners (August 8th, 2018)

This Amended and Restated Credit Agreement (this "Agreement") is entered into as of August 7, 2018 by and among Global Medical REIT L.P., a Delaware limited partnership (the "Borrower"), Global Medical REIT Inc., a Maryland corporation (the "Parent" or "Global Medical REIT"), the certain Subsidiaries from time to time party to this Agreement as Guarantors, the several financial institutions from time to time party to this Agreement, as Lenders, and BMO Harris Bank N.A., as Administrative Agent as provided herein. All capitalized terms used herein without definition shall have the same meanings herein as such terms are defined in Section 5.1 hereof.

TD Ameritrade – INSURED DEPOSIT ACCOUNT AGREEMENT by and Among TD BANK USA, NATIONAL ASSOCIATION, TD BANK, NATIONAL ASSOCIATION, TD AMERITRADE, INC., TD AMERITRADE CLEARING, INC., TD AMERITRADE TRUST COMPANY and Solely for Purposes of Sections 7(b), 14 and 15(c), (August 7th, 2018)

This Insured Deposit Account Agreement, effective as of January 1, 2013 (as amended, supplemented, restated or otherwise modified from time to time, this "Agreement"), is by and among TD Bank USA, National Association, a national bank with its main office in the State of Maine ("TD Bank USA"), TD Bank, National Association, a national bank with its main office in the State of Delaware ("TD Bank," and together with TD Bank USA, the "Depository Institutions"), TD Ameritrade, Inc., a corporation incorporated under the laws of the State of New York ("TDA"), TD Ameritrade Clearing, Inc., a corporation incorporated under the laws of the State of Nebraska ("TDAC"), TD Ameritrade Trust Company, a non-depository trust company duly incorporated in the State of Maine ("TDATC," and together with TDA and TDAC, the "Ameritrade Companies"), and solely with respect to Sections 7(b), 14 and 15(c), The Toronto-Dominion Bank, a Canadian chartered bank ("TD Parent").

Seventh Amendment to Underwriting, Continuing Indemnity and Security Agreement (August 7th, 2018)

This SEVENTH AMENDMENT TO UNDERWRITING, CONTINUING INDEMNITY AND SECURITY AGREEMENT (this "Amendment"), dated as of August 4, 2015, is made by and among Federal Insurance Company, an Indiana corporation ("Federal"); American Home Assurance Company, National Union Fire Insurance Company of Pittsburgh, Pa., and The Insurance Company of the State of Pennsylvania (collectively "AIG"); Liberty Mutual Insurance Company, a Massachusetts company, Liberty Mutual Fire Insurance Company, and Safeco Insurance Company of America (collectively, "Liberty Mutual"); Quanta Services, Inc., a Delaware corporation ("Quanta") and an Indemnitor; the other undersigned Indemnitors; and the Stallone Companies (as hereinafter defined).

MR2 Group, Inc. – Centurylink Master Service Agreement (August 6th, 2018)

This Master Service Agreement ("Agreement") is between CENTURYLINK COMMUNICATIONS, LLC ("CenturyLink") and PRECISION OPINION ("Customer") and is effective on the date the last party signs it (the "Effective Date"). This Agreement provides the terms and conditions applicable to Customer's purchase of products and services ("Service") from CenturyLink.