New Mexico Sample Contracts

Share Cite Term
Link

Embed (HTML)
Wells Fargo Commercial Mortgage Trust 2017-C40 – CO-LENDER AGREEMENT Dated as of October 10, 2017 Between RIALTO MORTGAGE FINANCE, LLC (Note A-1 Holder) and RIALTO MORTGAGE FINANCE, LLC (Note A-2- Holder) (October 17th, 2017)

THIS CO-LENDER AGREEMENT (the "Agreement"), dated as of October 10, 2017, is between RIALTO MORTGAGE FINANCE, LLC, a Delaware limited liability company ("RMF"), having an address at 600 Madison Avenue, 12th Floor, New York, New York 10022, as the holder of Note A-1 (the "Initial Note A-1 Holder") and RMF, as the holder of Note A-2 (the "Initial Note A-2 Holder").

Inland Residential Properties Trust, Inc. – GUARANTY MULTISTATE (Revised 5-5-2017) (October 13th, 2017)

THIS GUARANTY ("Guaranty") is entered into to be effective as of July 27, 2017, by INLAND RESIDENTIAL PROPERTIES TRUST, INC., a Maryland corporation ("Guarantor", collectively if more than one), for the benefit of BERKADIA COMMERCIAL MORTGAGE LLC, a Delaware limited liability company ("Lender").

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:

Phillips 66 Partners Lp – AMENDED AND RESTATED OPERATIONAL SERVICES AGREEMENT by and Among PHILLIPS 66 CARRIER LLC, PHILLIPS 66 PARTNERS HOLDINGS LLC and PHILLIPS 66 PIPELINE LLC (October 10th, 2017)

This AMENDED AND RESTATED OPERATIONAL SERVICES AGREEMENT is made and entered into as of the 1st day of October, 2017, by and between PHILLIPS 66 CARRIER LLC, a Delaware limited liability company (Carrier), PHILLIPS 66 PARTNERS HOLDINGS LLC, a Delaware limited liability company (Holdings) and PHILLIPS 66 PIPELINE LLC, a Delaware limited liability company (Operator). Carrier and Holdings are collectively referred to herein as Company.

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).

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.

Glenbrook Life and Annuity Company a Stock Company Headquarters: 3100 Sanders Road, Northbrook, Illinois 60062-7154 Flexible Premium Deferred Variable Annuity Contract (October 5th, 2017)

This Contract is issued to the Owner in consideration of the initial purchase payment. Glenbrook Life and Annuity Company will pay the benefits of this Contract, subject to its terms and conditions.

Form of Contract for the Glenbrook Provider Ultra Variable Annuity Contract (October 5th, 2017)

This Certificate is issued to customers of participating financial services corporations according to the terms of Master Policy number 64900061 issued by Glenbrook Life and Annuity Company to the Trustee of the Financial Services Group Insurance Trust. The Trustee of the Financial Services Group Insurance Trust is called the Master Policyholder. This Certificate is issued in the state of Illinois and is governed by Illinois law.

Sigma Labs, Inc. – SIGMA LABS, INC. 3900 Paseo Del Sol Santa Fe, New Mexico 87507 (October 5th, 2017)

Reference is made to the 10% Secured Convertible Note in the aggregate principal amount of $_______ and dated October 17, 2016 (the "Note") issued to _______ by Sigma Labs, Inc. ("Sigma Labs") and to the Common Stock Purchase Warrant dated October 17, 2016 (the "Warrant") issued to _______ by Sigma Labs. This letter (the "Letter Agreement") sets forth the agreement between _______ and Sigma Labs regarding the following matters in consideration of payment to _______ as set forth in Section A.3.

This Is a Security Agreement Granting a Security Interest in Personal Property Including Personal Property Affixed to Realty as Well as a Mortgage Upon Real Estate and Other Property (September 26th, 2017)

Reconciliation and Tie between Trust Indenture Act of 1939 and General Mortgage Indenture and Deed of Trust, dated as of February 1, 1996

Linn Energy – Credit Agreement Dated as of August 4, 2017, Among Linn Energy Holdco Ii Llc, as Borrower, Linn Energy Holdco Llc, as Parent, Linn Energy, Inc., as Holdings Royal Bank of Canada, as Administrative Agent, Citibank, N.A., as Syndication Agent, Barclays Bank Plc Jpmorgan Chase Bank, N.A. Morgan Stanley Senior Funding, Inc., and Pnc Bank National Association, as Co-Documentation Agents and the Lenders Party Hereto From Time to Time Joint Lead Arrangers and Joint Book Runners Rbc Capital Markets Citigroup Global Markets, Inc. (September 26th, 2017)

THIS CREDIT AGREEMENT dated as of August 4, 2017, is among Linn Energy Holdco II LLC, a limited liability company duly formed and existing under the laws of the State of Delaware (the Borrower); Linn Energy Holdco LLC, a limited liability company duly formed and existing under the laws of the State of Delaware (Parent); Linn Energy, Inc., a corporation duly formed and existing under the laws of the State of Delaware (Holdings); each of the Lenders from time to time party hereto; Royal Bank of Canada (in its individual capacity, RBC), as administrative agent for the Lenders (in such capacity, together with its successors in such capacity, the Administrative Agent); Citibank, N.A., as syndication agent for the Lenders (the Syndication Agent) and Barclays Bank PLC, JPMorgan Chase Bank, N.A., Morgan Stanley Senior Funding, Inc. and PNC Bank National Association, as co-documentation agents for the Lenders (collectively, the Documentation Agents).

Phillips 66 Partners Lp – CONTRIBUTION, CONVEYANCE AND ASSUMPTION AGREEMENT by and Among PHILLIPS 66 COMPANY PHILLIPS 66 PROJECT DEVELOPMENT INC. PHILLIPS 66 PARTNERS GP LLC and PHILLIPS 66 PARTNERS LP Dated as of September 19, 2017 (September 25th, 2017)

This Contribution, Conveyance and Assumption Agreement (this Agreement) is made and entered into as of September 19, 2017 by and among Phillips 66 Company, a Delaware corporation (P66 Company), Phillips 66 Project Development Inc., a Delaware corporation (PDI and, together with P66 Company, the P66 Parties), Phillips 66 Partners GP LLC, a Delaware limited liability company (the General Partner), and Phillips 66 Partners LP, a Delaware limited partnership (the Partnership). P66 Company, PDI, the General Partner and the Partnership are sometimes referred to in this Agreement individually as a Party and collectively as the Parties.

800 Commerce, Inc. – Consulting Agreement (September 22nd, 2017)

THIS CONSULTING AGREEMENT (this "Agreement") is made effective the 31st day of July, 2017, by and between Charles Stidham; an individual, ("Consultant"), and Petrogress, Inc., a Delaware corporation ("Company") with respect to the following:

Reconciliation and Tie Between Trust Indenture Act of 1939 and Indenture, Dated as of September 20, 2017* (September 21st, 2017)

INDENTURE dated as of September 20, 2017 (this Indenture), among SEMGROUP CORPORATION, a Delaware corporation (the Company), certain of the Companys direct and indirect Domestic Subsidiaries (as defined below), each named in Schedule I hereto (each, a Subsidiary Guarantor and collectively, the Subsidiary Guarantors), and WILMINGTON TRUST, NATIONAL ASSOCIATION, as Trustee (the Trustee).

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)
Up to 2,105,263 Shares Trinity Capital Corporation (A New Mexico Corporation) Voting Common Stock (No Par Value Per Share) FORM OF AGENCY AGREEMENT September [__], 2017 (September 19th, 2017)
Instructions as to Use of Trinity Capital Corporation Rights Certificates (September 19th, 2017)

The following instructions relate to a rights offering (the "Rights Offering") by Trinity Capital Corporation, a New Mexico corporation (the "Company"), to the holders of record (the "Recordholders") of its voting common stock, no par value per share (the "Voting Common Stock"), as described in the prospectus, dated September [__], 2017 (the "Prospectus"). Recordholders of the Company's Voting Common Stock as of 5:00 p.m., Eastern Daylight Time, on September 22, 2017 (the "Record Date") are receiving, at no charge, nontransferable subscription rights (the "Subscription Rights") to subscribe for and purchase shares of the Company's Voting Common Stock.

OptiNose, Inc. – Optinose, Inc. Second Amended and Restated Shareholders Agreement (September 18th, 2017)

THIS SECOND AMENDED AND RESTATED SHAREHOLDERS AGREEMENT (the Agreement), dated as of March 24, 2017, by and among the following parties (each, a Party and collectively, the Parties):

San Juan Basin Royalty Tr – Compromise Settlement Agreement (September 18th, 2017)

This Compromise Settlement Agreement (this Agreement) is executed on one hand by Compass Bank (Trustee), in its capacity as Trustee of the San Juan Basin Royalty Trust (the Trust) and on the other hand by Burlington Resources Oil & Gas Company LP (Burlington Resources) and its general partner, BROG GP LLC (BROG) (Burlington Resources and BROG are jointly referred to herein as Burlington), effective as of January 1, 2017 (the Effective Date). The Trust and Burlington are sometimes referred to collectively as the Parties and individually as a Party.

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).

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.

Texas New Mexico Power Co – 3.22% First Mortgage Bonds, Due 2027, Series 2017a (August 24th, 2017)

EIGHTH SUPPLEMENTAL INDENTURE, dated as of August 24, 2017, between TEXAS-NEW MEXICO POWER COMPANY, a corporation organized and existing under the laws of the State of Texas (the "Company"), and MUFG UNION BANK, N.A. (formerly known as Union Bank, N.A.), a national banking association organized and existing under the laws of the United States (successor as trustee to The Bank of New York Mellon Trust Company, N.A.), as Trustee under the Indenture hereinafter referred to (the "Trustee").

Appliance Recycling Centers of America, Inc. – Credit and Security Agreement (August 21st, 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 May 10, 2017 by and among Appliance Recycling Centers of America, Inc., a Minnesota corporation, ApplianceSmart, Inc., a Minnesota corporation, ARCA Recycling, Inc., a California corporation and Customer Connexx LLC, a Nevada limited liability company, and any additional borrower that may hereafter be added to this Agreement (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.

Western Refining Logistics, LP – Agreement and Plan of Merger (August 14th, 2017)
Western Refining Logistics, LP – Sponsor Equity Restructuring Agreement (August 14th, 2017)

This SPONSOR EQUITY RESTRUCTURING AGREEMENT (this "Agreement"), dated as of August 13, 2017, is entered into between Andeavor, a Delaware corporation ("Andeavor"), Andeavor Logistics LP, a Delaware limited partnership ("AMLP"), and Tesoro Logistics GP, LLC, a Delaware limited liability company ("AMLP GP", and together with Andeavor and AMLP, the "parties").

Sponsor Equity Restructuring Agreement (August 14th, 2017)

This SPONSOR EQUITY RESTRUCTURING AGREEMENT (this "Agreement"), dated as of August 13, 2017, is entered into between Andeavor, a Delaware corporation ("Andeavor"), Andeavor Logistics LP, a Delaware limited partnership ("AMLP"), and Tesoro Logistics GP, LLC, a Delaware limited liability company ("AMLP GP", and together with Andeavor and AMLP, the "parties").

Sponsor Equity Restructuring Agreement (August 14th, 2017)

This SPONSOR EQUITY RESTRUCTURING AGREEMENT (this "Agreement"), dated as of August 13, 2017, is entered into between Andeavor, a Delaware corporation ("Andeavor"), Andeavor Logistics LP, a Delaware limited partnership ("AMLP"), and Tesoro Logistics GP, LLC, a Delaware limited liability company ("AMLP GP", and together with Andeavor and AMLP, the "parties").

Tesoro Logistics Lp Common Unit – Agreement and Plan of Merger (August 14th, 2017)
Western Refining Logistics, LP – Sponsor Equity Restructuring Agreement (August 14th, 2017)

This SPONSOR EQUITY RESTRUCTURING AGREEMENT (this "Agreement"), dated as of August 13, 2017, is entered into between Andeavor, a Delaware corporation ("Andeavor"), Andeavor Logistics LP, a Delaware limited partnership ("AMLP"), and Tesoro Logistics GP, LLC, a Delaware limited liability company ("AMLP GP", and together with Andeavor and AMLP, the "parties").

Western Refining Logistics, LP – Sponsor Equity Restructuring Agreement (August 14th, 2017)

This SPONSOR EQUITY RESTRUCTURING AGREEMENT (this "Agreement"), dated as of August 13, 2017, is entered into between Andeavor, a Delaware corporation ("Andeavor"), Andeavor Logistics LP, a Delaware limited partnership ("AMLP"), and Tesoro Logistics GP, LLC, a Delaware limited liability company ("AMLP GP", and together with Andeavor and AMLP, the "parties").

Agreement and Plan of Merger (August 14th, 2017)