New Hampshire Sample Contracts

AMENDED AND RESTATED CREDIT AGREEMENT Dated as of January 15, 2019 Among AMPHENOL CORPORATION, as Parent Borrower and a Guarantor AMPHENOL EAST ASIA LIMITED, as Hong Kong Borrower and AMPHENOL TECHNOLOGIES HOLDING GMBH, as German Borrower and AMPHENOL BENELUX B.V., as Dutch Borrower and AMPHENOL LIMITED, as UK Borrower And (January 18th, 2019)

AMENDED AND RESTATED CREDIT AGREEMENT, dated as of January 15, 2019 (as may be further amended, restated, supplemented or otherwise modified from time to time, this Agreement) among AMPHENOL CORPORATION, a Delaware corporation (the Company), AMPHENOL EAST ASIA LIMITED, a private limited company incorporated in Hong Kong (the Hong Kong Borrower), AMPHENOL TECHNOLOGIES HOLDING GMBH, a corporation registered in the commercial register of the local court of Stuttgart under HRB 104157 (the German Borrower), AMPHENOL BENELUX B.V., a company incorporated in the Netherlands (the Dutch Borrower), AMPHENOL LIMITED, a company incorporated in England (the UK Borrower, together with the Hong Kong Borrower, the German Borrower and the Dutch Borrower, the Initial Subsidiary Borrowers), certain additional Subsidiaries of the Company party hereto pursuant to Section 2.14 (together with the Initial Subsidiary Borrowers, the Designated Borrowers, and each a Designated Borrower, and together with the Comp

Alector, Inc. – Specific Terms in This Exhibit Have Been Redacted Because Confidential Treatment for Those Terms Has Been Requested. The Redacted Material Has Been Separately Filed With the Securities and Exchange Commission, and the Terms Have Been Marked at the Appropriate Place With Three Asterisks [***]. Third Amended and Restated Collaboration Agreement (January 7th, 2019)
Third Loan Modification Agreement (December 27th, 2018)
Contract (December 27th, 2018)
Nv5 Holdings Inc. – Amendment No. 1 to Credit Agreement (December 21st, 2018)

This CREDIT AGREEMENT is entered into as of December 7, 2016 among NV5 GLOBAL, INC., a Delaware corporation (the "Borrower"), the Guarantors (defined herein), the Lenders (defined herein) from time to time party hereto, and BANK OF AMERICA, N.A., as Administrative Agent, Swingline Lender and L/C Issuer.

Contract (December 21st, 2018)
Omega Healthcare Investors, Inc. – Contract (December 20th, 2018)
New Senior Investment Group Inc. – Credit Agreement (December 19th, 2018)
SUPERPRIORITY SENIOR SECURED DEBTOR-IN-POSSESSION ASSET-BASED CREDIT AGREEMENT Dated as of November 29, 2018 Among SEARS HOLDINGS CORPORATION, a Debtor and a Debtor-In-Possession, as Holdings, SEARS ROEBUCK ACCEPTANCE CORP. And KMART CORPORATION, Each Debtors and Debtors-In-Possession, as Borrowers, THE LENDERS NAMED HEREIN, THE ISSUING LENDERS NAMED HEREIN, BANK OF AMERICA, N.A., as Administrative Agent, Co-Collateral Agent and Swingline Lender WELLS FARGO BANK, NATIONAL ASSOCIATION, as Co-Collateral Agent, WELLS FARGO BANK, NATIONAL ASSOCIATION, as Syndication Agent, CITIGROUP GLOBAL MARKETS (December 13th, 2018)

SUPERPRIORITY SENIOR SECURED DEBTOR-IN-POSSESSION ASSET-BASED CREDIT AGREEMENT (this "Agreement"), dated as of November 29, 2018, among SEARS HOLDINGS CORPORATION, a Delaware corporation and a debtor and debtor-in-possession ("Holdings"), SEARS ROEBUCK ACCEPTANCE CORP., a Delaware corporation and a debtor and debtor-in-possession ("SRAC"), KMART CORPORATION, a Michigan corporation and a debtor and debtor-in-possession ("Kmart Corp."; Kmart Corp. together with SRAC, the "Borrowers"), the banks, financial institutions and other institutional lenders listed on the signature pages hereof or through an assignment as provided in Section 9.07 hereof, as Revolving Lenders or Term Lenders, as applicable (collectively, the "Lenders"), the ISSUING LENDERS party hereto, BANK OF AMERICA, N.A. ("Bank of America"), as administrative agent (in such capacity, the "Agent"), co-collateral agent, and Swingline Lender, WELLS FARGO BANK, NATIONAL ASSOCIATION, as co-collateral agent (collectively with Bank o

Superpriority Junior Lien Secured Debtor-In-Possession Credit Agreement (December 13th, 2018)

This SUPERPRIORITY JUNIOR LIEN SECURED DEBTOR-IN-POSSESSION CREDIT AGREEMENT (this "Agreement"), dated as of November 29, 2018, by and among SEARS HOLDINGS CORPORATION, a Delaware corporation and a debtor and debtor-in-possession ("Holdings"), SEARS ROEBUCK ACCEPTANCE CORP., a Delaware corporation and a debtor and debtor-in-possession ("SRAC"), KMART CORPORATION, a Michigan corporation and a debtor and debtor-in-possession ("Kmart Corp."; Kmart Corp. together with SRAC, the "Borrowers"), the several banks, financial institutions or entities from time to time party hereto as Term Lenders hereunder (each a "Lender" and collectively, the "Lenders"), and CANTOR FITZGERALD SECURITIES, as administrative agent (in such capacity, together with any of its successors and permitted assigns, the "Agent") and collateral agent (in such capacity, together with any of its successors and permitted assigns, "Collateral Agent").

Advanced Emissions Solutions, Inc. – TERM LOAN AND SECURITY AGREEMENT Among (December 13th, 2018)

This TERM LOAN AND SECURITY AGREEMENT (this "Agreement") is entered into as of December 7, 2018, by and between ADVANCED EMISSIONS SOLUTIONS, INC., a Delaware corporation ("Debtor"), certain subsidiaries of Debtor from time to time party hereto, as Guarantors, the several financial institutions from time to time party hereto, as Lenders and THE BANK OF NEW YORK MELLON, as Administrative Agent ("Administrative Agent").

Parker Drilling – BACKSTOP COMMITMENT AGREEMENT AMONG PARKER DRILLING COMPANY AND THE COMMITMENT PARTIES PARTY HERETO Dated as of December 12, 2018 (December 12th, 2018)
Parker Drilling – This Restructuring Support Agreement and the Documents Attached Hereto Collectively Describe a Proposed Restructuring for the Company Parties That Will Be Effectuated Through Filing Chapter 11 Cases in the Bankruptcy Court. This Restructuring Support Agreement Is Not an Offer or a Solicitation With Respect to Any Securities of the Company Parties. Any Such Offer or Solicitation Shall Comply With All Applicable Securities Laws and/or Provisions of the Bankruptcy Code. This Restructuring Support Agreement Is a Settlement Proposal to Certain Unaffiliated Holders of the Company Parties Unsecured N (December 12th, 2018)
Ingevity Corp – AGREEMENT FOR THE SALE AND PURCHASE OF Perstorp UK Ltd. (December 10th, 2018)

Clause Page 1. Interpretation 1 2. Sale and Purchase 1 3. Consideration 2 4. Condition Precedent 2 5. Pre-Completion Undertakings 5 6. Completion 11 7. Leakage 12 8. Seller's Warranties 14 9. Limitations on the Seller's Liability 15 10. W&I Insurance 16 11. Purchaser's Warranties and Undertakings 17 12. Post Completion Undertakings 18 13. Restrictive Covenants 19 14. Announcements and Confidentiality 20 15. Notices 22 16. Further Assurance 24 17. Assignments 25 18. Payments 25 19. Taxation 26 20. General 26 21. Whole Agreement 27 22. Governing Law and Jurisdiction 27

Cambridge Bancorp – Contract (December 6th, 2018)
W I T N E S S E T H: (December 4th, 2018)
Unitil Energy Systems, Inc. $30,000,000 Aggregate Principal Amount of First Mortgage Bonds, Series Q, Due November 30, 2048 Bond Purchase Agreement Dated as of November 30, 2018 (December 4th, 2018)
Unitil Energy Systems, Inc., a Corporation Organized Under the Laws of the State of New Hampshire (Hereinafter Called the Company), for Value Received, Hereby Promises to Pay to UNITED OF OMAHA LIFE INSURANCE COMPANY or Registered Assigns, on November 30, 2048 (The Maturity Date), the Principal Sum of THIRTEEN MILLION DOLLARS ($13,000,000) and to Pay Interest Thereon From the Date Hereof at the Rate of Four and Eighteen Hundredths Per Centum (4.18%) Per Annum (Computed on the Basis of a Thirty (30) Day Month and a Three Hundred Sixty (360) Day Year) Payable Semi-Annually in Arrears on the Thir (December 4th, 2018)
Incremental Facility Amendment (November 27th, 2018)
Employment Agreement (November 20th, 2018)
uniQure B.V. – Contract (November 15th, 2018)

Approximately 53,343 rentable square feet of space in the Building, as more particularly shown as hatched, highlighted or outlined on the plan attached to the Lease as Exhibit lA

Contract (November 9th, 2018)
Contract (November 9th, 2018)
Employers Holdings Inc – Employment Agreement (November 8th, 2018)

This Employment Agreement (this "Agreement") by and between Employers Holdings, Inc., a Nevada corporation (the "Company") and Michael S. Paquette (the "Employee") is entered into as of the 7th day of November, 2018, effective as of January 1, 2019 (the "Effective Date"). Effective as of the Effective Date, this Agreement amends, restates and supersedes, in its entirety, the Employment Agreement dated December 16, 2016, by and between the Employee and the Company (the "Prior Employment Agreement"). In addition, effective as of the Effective Date, this Agreement shall replace and supersede, in its entirety, any other prior employment agreement or agreements between the Employee and the Company (these agreements, together with the Prior Employment Agreement, the "Prior Agreements") and the Prior Agreements shall be of no force or effect. Notwithstanding the foregoing, if the Employee's employment terminates for any reason prior to the Effective Date, then this Agreement shall be null

Strayer Education, Inc. – Transition Agreement (November 8th, 2018)

This TRANSITION AGREEMENT (this "Agreement") dated as of October 29, 2017, (the "Agreement Execution Date"), is by and between Capella Education Company, a Minnesota corporation (the "Company") and J. Kevin Gilligan (the "Executive").

Bar Harbor Bankshares, Inc. – Contract (November 6th, 2018)
Pxre Group – Contract (November 6th, 2018)
Commitment Agreement (November 2nd, 2018)

The Prudential Insurance Company of America ("Prudential") is pleased to provide, on the following terms, the non-participating single premium group annuity contract, supported by a dedicated separate account and guaranteed by its general account (the "Contract") for the Retirement Plan of International Paper Company (the "Plan") in consideration of the mutual promises made and representations, warranties and covenants contained in this Commitment Agreement (this "Commitment Agreement"). For purposes of this Commitment Agreement, capitalized terms will have the meaning set forth in paragraph 10. By signing this Commitment Agreement, Prudential and International Paper Company (the "Company"), and State Street Global Advisors Trust Company, acting solely in its capacity as the independent fiduciary of the Plan (the "Independent Fiduciary"), agree as follows:

Second Amendment to Employment Agreement (November 1st, 2018)
Contract (November 1st, 2018)
Gulfport Energy Corporation – Contract (November 1st, 2018)
Kite Realty Group, L.P. – TERM LOAN AGREEMENT Dated as of October 25, 2018 by and Among KITE REALTY GROUP, L.P., as Borrower, KEYBANK NATIONAL ASSOCIATION, as Administrative Agent, REGIONS BANK, FIFTH THIRD BANK, THE HUNTINGTON NATIONAL BANK and ASSOCIATED BANK, NATIONAL ASSOCIATION, as Co-Syndication Agents, KEYBANC CAPITAL MARKETS INC., REGIONS CAPITAL MARKETS, FIFTH THIRD BANK, THE HUNTINGTON NATIONAL BANK and ASSOCIATED BANK, NATIONAL ASSOCIATION, as Joint Lead Arrangers and Joint Bookrunners, and THE FINANCIAL INSTITUTIONS INITIALLY SIGNATORY HERETO AND THEIR ASSIGNEES PURSUANT TO SECTION 13.5., as Lenders (October 26th, 2018)

THIS TERM LOAN AGREEMENT (this Agreement) dated as of October 25, 2018, by and among KITE REALTY GROUP, L.P., a limited partnership formed under the laws of the State of Delaware (the Borrower), each of the financial institutions initially a signatory hereto together with their assignees pursuant to Section 13.5.(d), KEYBANK NATIONAL ASSOCIATION, as Administrative Agent (the Administrative Agent), REGIONS BANK, FIFTH THIRD BANK, THE HUNTINGTON NATIONAL BANK and ASSOCIATED BANK, NATIONAL ASSOCIATION, as Co-Syndication Agents (collectively the Syndication Agents), and KEYBANC CAPITAL MARKETS INC., REGIONS CAPITAL MARKETS, FIFTH THIRD BANK, THE HUNTINGTON NATIONAL BANK AND ASSOCIATED BANK, NATIONAL ASSOCIATION, as Joint Lead Arrangers and Joint Bookrunners (the Bookrunners).

Unitil Corporation Severance Agreement (October 25th, 2018)
First Amendment to Loan Agreement (October 25th, 2018)

This AMENDMENT (this Amendment) dated as of October 19, 2018, to the Loan Agreement, dated as of August 30, 2018 (as amended or otherwise modified prior to the date hereof, the Loan Agreement; the Loan Agreement, as amended by this Amendment, the Amended Loan Agreement), by and among UNITED NATURAL FOODS, INC., a Delaware corporation (UNFI), UNITED NATURAL FOODS WEST, INC., a California corporation (UNFW) and certain Subsidiaries of UNFI party thereto from time to time that become borrowers (each such Subsidiary, together with UNFI and UNFW, collectively, the U.S. Borrowers), UNFI CANADA, INC., a corporation organized under the Canada Business Corporations Act (the Canadian Borrower and, together with the U.S. Borrowers, collectively, the Borrowers), the financial institutions party to the Loan Agreement from time to time as lenders (collectively, Lenders), BANK OF AMERICA, N.A., a national banking association, as administrative agent for the Lenders (Administrative Agent), BANK OF AME

AMENDED AND RESTATED CREDIT AGREEMENT Dated as of October 19, 2018 Among DYCOM INDUSTRIES, INC., as the Borrower, THE SUBSIDIARIES OF THE BORROWER PARTY HERETO FROM TIME TO TIME, as the Guarantors, BANK OF AMERICA, N.A., as Administrative Agent, Swingline Lender and L/C Issuer, and THE OTHER LENDERS PARTY HERETO FROM TIME TO TIME WELLS FARGO BANK, NATIONAL ASSOCIATION and SUNTRUST BANK, as Co-Syndication Agents, and CITIZENS BANK, N.A., FIFTH THIRD BANK, PNC BANK, NATIONAL ASSOCIATION, BRANCH BANKING & TRUST COMPANY, BMO HARRIS BANK N.A., CAPITAL ONE, N.A., MUFG BANK, LTD., REGIONS BANK and TD (October 22nd, 2018)

This AMENDED AND RESTATED CREDIT AGREEMENT is entered into as of October 19, 2018 among DYCOM INDUSTRIES, INC., a Florida corporation (the "Borrower"), the Guarantors (defined herein), the Lenders (defined herein) and BANK OF AMERICA, N.A., as Administrative Agent, Swingline Lender and L/C Issuer (each, as defined herein).