New Mexico Sample Contracts

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)
Tesoro Logistics Lp Common Unit – 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").

Prosper Funding LLC – Warrant Agreement (August 14th, 2017)

THIS WARRANT AGREEMENT (this "Agreement"), dated as of February 27, 2017, is made by and among Prosper Marketplace, Inc., a Delaware corporation (the "Company"), PF WarrantCo Holdings, LP, a Delaware limited partnership (the "Warrant Holder"), and solely with respect to its rights, and the performance of its obligations, set forth in [***] hereof, New Residential Investment Corp., a Delaware corporation ("NRZ").

AMENDED AND RESTATED CREDIT AGREEMENT Dated as of August 7, 2017 Among TEXAS ROADHOUSE, INC., as the Borrower, THE LENDERS FROM TIME TO TIME PARTY HERETO, JPMORGAN CHASE BANK, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer, PNC BANK, NATIONAL ASSOCIATION and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Co-Syndication Agents, and U.S. BANK NATIONAL ASSOCIATION, as Documentation Agent JPMORGAN CHASE BANK, N.A., PNC CAPITAL MARKETS LLC and WELLS FARGO SECURITIES, LLC, as Joint Lead Arrangers and Joint Bookrunners (August 10th, 2017)

This AMENDED AND RESTATED CREDIT AGREEMENT (this Agreement) is entered into as of August 7, 2017, among TEXAS ROADHOUSE, INC., a Delaware corporation (the Borrower), each lender from time to time party hereto (collectively, the Lenders and individually, a Lender), each L/C Issuer from time to time party hereto and JPMORGAN CHASE BANK, N.A., as Administrative Agent and Swing Line Lender.

Quintana Energy Services Inc. – Form of Executive Employment Agreement (August 9th, 2017)

This Executive Employment Agreement (this Agreement) by and between Quintana Energy Services Inc., a Delaware corporation (Company), and [ ] (Executive) is entered into effective as of the closing of the initial public offering of Companys common stock pursuant to an effective registration statement under the Securities Act of 1933, as amended (the Effective Date). Executive and Company shall be referred to individually as a Party and collectively as the Parties within this Agreement. Quintana Energy Services GP LLC (QES GP), a Delaware limited liability company, enters into this Agreement for the limited purpose of acknowledging and agreeing to the provisions of Section 17 below.

Quintana Energy Services Inc. – FORM OF PHANTOM UNIT AGREEMENT (Corporate Executives) (August 9th, 2017)

This Phantom Unit Agreement (this Agreement) is made as of (the Grant Date) between Quintana Energy Services Inc., a Delaware corporation (the Company), and (the Grantee). Capitalized terms used in this Agreement but not otherwise defined herein shall have the meanings set forth in Exhibit A. Capitalized terms used in this Agreement but not otherwise defined herein or in Exhibit A shall have the meanings ascribed to such terms in the Plan (as defined below), unless the context requires otherwise.

Quintana Energy Services Inc. – Executive Employment Agreement (August 9th, 2017)

This Executive Employment Agreement (this Agreement) by and between Quintana Energy Services Inc., a Delaware corporation (Company), and Max L. Bouthillette (Executive) is entered into effective as of July 1, 2017 (the Effective Date). Executive and Company shall be referred to individually as a Party and collectively as the Parties within this Agreement.

Fogo de Chao, Inc. – Fogo De Chao, Inc. 2015 Omnibus Incentive Plan NOTICE OF RESTRICTED STOCK AWARD (August 9th, 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.

Quintana Energy Services Inc. – Executive Employment Agreement (August 9th, 2017)

This Executive Employment Agreement (this Agreement) by and between Quintana Energy Services Inc., a Delaware corporation (Company), and Rogers Herndon (Executive) is entered into effective as of July 1, 2017 (the Effective Date). Executive and Company shall be referred to individually as a Party and collectively as the Parties within this Agreement. Quintana Energy Services GP LLC (QES GP), a Delaware limited liability company, enters into this Agreement for the limited purpose of acknowledging and agreeing to the provisions of Section 17 below.

Quintana Energy Services Inc. – Executive Employment Agreement (August 9th, 2017)

This Executive Employment Agreement (this Agreement) by and between Quintana Energy Services Inc., a Delaware corporation (Company), and Christopher J. Baker (Executive) is entered into effective as of July 1, 2017 (the Effective Date). Executive and Company shall be referred to individually as a Party and collectively as the Parties within this Agreement. Quintana Energy Services GP LLC (QES GP), a Delaware limited liability company, enters into this Agreement for the limited purpose of acknowledging and agreeing to the provisions of Section 17 below.

Quintana Energy Services Inc. – Executive Employment Agreement (August 9th, 2017)

This Executive Employment Agreement (this Agreement) by and between Quintana Energy Services Inc., a Delaware corporation (Company), and Keefer M. Lehner (Executive) is entered into effective as of July 1, 2017 (the Effective Date). Executive and Company shall be referred to individually as a Party and collectively as the Parties within this Agreement. Quintana Energy Services GP LLC (QES GP), a Delaware limited liability company, enters into this Agreement for the limited purpose of acknowledging and agreeing to the provisions of Section 17 below.

Southwestern Public Svc Co – SUPPLEMENTAL INDENTURE (First Mortgage Bonds) SOUTHWESTERN PUBLIC SERVICE COMPANY TO as Trustee This Instrument Grants a Security Interest by a Utility. This Instrument Contains After-Acquired Property Provisions. (August 9th, 2017)

The following addresses for the parties to this Supplemental Indenture No. 5 are set out in Section 108 of the Indenture hereinafter referred to:

Inergy – Crestwood Equity Partners Lp Common Units Representing Limited Partner Interests Equity Distribution Agreement (August 4th, 2017)

Crestwood Equity Partners LP, a Delaware limited partnership (CEQP), proposes to issue and sell through Wells Fargo Securities, LLC, Barclays Capital Inc., Citigroup Global Markets Inc., J.P. Morgan Securities LLC, Morgan Stanley & Co. LLC and RBC Capital Markets, LLC, as sales agents (each, a Manager and collectively, the Managers), on the terms set forth in this equity distribution agreement (this Equity Distribution Agreement), common units representing limited partner interests in CEQP (Common Units) having an aggregate gross sales price of up to $250,000,000 (the Units). CEQP agrees that whenever it determines to sell Units to any Manager as principal it will enter into a separate written Terms Agreement (each, a Terms Agreement) relating to such sale in accordance with Section 2(i) hereof. References herein to this Agreement or to matters contained herein or hereunder, or words of similar import, mean this Equity Distribution Agreement and any applicable Terms Agreement. The obli

Brown & Brown, Inc. – AMENDED AND RESTATED CREDIT AGREEMENT Dated as of June 28, 2017 Among BROWN & BROWN, INC. The Subsidiary Borrowers Party Hereto the Lenders Party Hereto JPMORGAN CHASE BANK, N.A. As Administrative Agent BANK OF AMERICA, N.A., ROYAL BANK OF CANADA and SUNTRUST BANK as Co-Syndication Agents and U.S. BANK NATIONAL ASSOCIATION, BMO HARRIS BANK N.A., FIFTH THIRD BANK, WELLS FARGO BANK, NATIONAL ASSOCIATION and PNC BANK, NATIONAL ASSOCIATION as Co-Documentation Agents JPMORGAN CHASE BANK, N.A., MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED, RBC CAPITAL MARKETS1 and SUNTRUST ROBINSON HUMPHREY, I (August 4th, 2017)

AMENDED AND RESTATED CREDIT AGREEMENT (this "Agreement") dated as of June 28, 2017 among BROWN & BROWN, INC., the SUBSIDIARY BORROWERS from time to time party hereto, the LENDERS from time to time party hereto, JPMORGAN CHASE BANK, N.A., as Administrative Agent, BANK OF AMERICA, N.A., ROYAL BANK OF CANADA and SUNTRUST BANK, as Co-Syndication Agents, and U.S. BANK NATIONAL ASSOCIATION, BMO HARRIS BANK N.A., FIFTH THIRD BANK, WELLS FARGO BANK, NATIONAL ASSOCIATION, and PNC BANK, NATIONAL ASSOCIATION, as Co-Documentation Agents.

Supplemental Indenture (August 4th, 2017)

THIS SUPPLEMENTAL INDENTURE (this "Supplemental Indenture"), is dated as of June 5, 2017, among Crestwood Midstream Partners LP, a Delaware limited partnership (the "Company"), Crestwood Midstream Finance Corporation, a Delaware corporation (the "Co-Issuer" and, together, with the Company, the "Issuers"), each existing Guarantor under each of the Indentures referred to below and U.S. Bank National Association, as trustee under each of the Indentures referred to below (the "Trustee").

Purchase Agreement (August 2nd, 2017)
Cole Credit Property Trust V, Inc. – Up to $1,500,000,000 of Shares of Class a Common Stock and Class T Common Stock SECOND AMENDED AND RESTATED DEALER MANAGER AGREEMENT August 1, 2017 (August 2nd, 2017)

This Second Amended and Restated Dealer Manager Agreement (the "Agreement") amends, restates and replaces in full that certain Amended and Restated Dealer Manager Agreement dated April 29, 2016 by and between Cole Credit Property Trust V, Inc., a Maryland corporation (the "Company"), and Cole Capital Corporation (the "Dealer Manager"), as amended by that certain Amendment No. 1 to Amended and Restated Dealer Manager Agreement between the Company and the Dealer Manager dated October 5, 2016.

CREDIT AGREEMENT+ Among ENOVA INTERNATIONAL, INC., as a Borrower and the Parent, CERTAIN RESTRICTED SUBSIDIARIES OF THE PARENT FROM TIME TO TIME PARTY HERETO, as Borrowers, CERTAIN RESTRICTED SUBSIDIARIES OF THE PARENT FROM TIME TO TIME PARTY HERETO, as Guarantors, THE LENDERS PARTY HERETO, and TBK BANK, SSB, as Administrative Agent and Collateral Agent Dated as of June 30, 2017 JEFFERIES FINANCE LLC and TBK BANK, SSB, as Joint Lead Arrangers and Joint Lead Bookrunners (August 2nd, 2017)

THIS CREDIT AGREEMENT, dated as of June 30, 2017, is by and among ENOVA INTERNATIONAL, INC., a Delaware corporation ("Parent"), certain wholly-owned Restricted Subsidiaries (as hereinafter defined) of the Parent party hereto from time to time as borrowers (each such person and the Parent, individually, a "Borrower" and collectively, jointly and severally, the "Borrowers"), the Guarantors (as hereinafter defined), the Lenders (as hereinafter defined) and TBK BANK, SSB, as administrative agent and collateral agent for the Lenders hereunder (in such capacities, the "Administrative Agent").

Phillips 66 Partners Lp – Sixth Amendment to the Operational Services Agreement (August 1st, 2017)

This Sixth Amendment to the Operational Services Agreement ("Sixth Amendment") is made and entered into as of the 17th day of November, 2016, 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."

Ranger Energy Services, Inc. – FIRST AMENDED AND RESTATED ASSET PURCHASE AGREEMENT by and Among EsCo Leasing, LLC, Ranger Energy Services, LLC and Solely for Purposes of Section 2.2, Section 4.2, Section 4.8, Section 4.10 and Article VIII Tim Hall Originally Dated May 30, 2017 Amended and Restated July 31, 2017 (August 1st, 2017)

THIS FIRST AMENDED AND RESTATED ASSET PURCHASE AGREEMENT (this Agreement), dated as of July 31, 2017 (the Amendment Date), is by and among, EsCo Leasing, LLC, a Texas limited liability company (Seller), Ranger Energy Services, LLC, a Delaware limited liability company (Purchaser) and, solely for purposes of Section 2.2, Section 4.2, Section 4.8, Section 4.10 and Article VIII hereof, Tim Hall, an individual residing in Bowie, Texas (Hall). This Agreement amends, restates, and supersedes in its entirety, that certain Asset Purchase Agreement dated May 30, 2017 (the date hereof or the date of the execution and delivery of this Agreement (or similar formulations)) by and among Seller, Ranger Holdings, Purchaser and Hall (the Original Agreement). Seller, Ranger Holdings, Purchaser and, solely for purposes of Article VIII, Hall, are sometimes referred to in this Agreement collectively as the Parties and each individually as a Party.

Holly Energy Partners, L.P. – THIRD AMENDED AND RESTATED CREDIT AGREEMENT Among HOLLY ENERGY PARTNERS, L.P., as Borrower, THE FINANCIAL INSTITUTIONS PARTY TO THIS THIRD AMENDED AND RESTATED CREDIT AGREEMENT, as Lenders, WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent, and MUFG UNION BANK, N.A., as Syndication Agent, BANK OF AMERICA, N.A., COMPASS BANK, CITIBANK, NA and THE TORONTO-DOMINION BANK, NEW YORK BRANCH, as Co-Documentation Agents, WELLS FARGO SECURITIES, LLC, MUFG UNION BANK, N.A., MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED, BBVA COMPASS, CITIGROUP GLOBAL MARKETS INC. And TD SECURITIES (USA (July 31st, 2017)

This THIRD AMENDED AND RESTATED CREDIT AGREEMENT is entered into as of July 27, 2017, among HOLLY ENERGY PARTNERS, L.P., a Delaware limited partnership, as Borrower (as defined below), WELLS FARGO BANK, NATIONAL ASSOCIATION, individually and as Administrative Agent (as defined below), MUFG UNION BANK, N.A., as Syndication Agent, BANK OF AMERICA, N.A., COMPASS BANK, CITIBANK, NA and THE TORONTO-DOMINION BANK, NEW YORK BRANCH, as Co-Documentation Agents, and each of the Lenders (as defined below).

Term Loan Agreement (July 28th, 2017)

** After giving effect to an assignment on the Effective Date by Northwest Farm Credit Services, PCA of $70,000,000.00 of its Commitment to CoBank, FCB (which will become a Lender via an Assignment and Assumption dated and effective as of the Effective Date), but before giving effect to the participations on the Effective Date.

Public Service Co Of New Mexico – PUBLIC SERVICE COMPANY OF NEW MEXICO $55,000,000 3.15% Senior Unsecured Notes, Series A, Due May 15, 2023 $104,000,000 3.45% Senior Unsecured Notes, Series B, Due May 15, 2025 $88,000,000 3.68% Senior Unsecured Notes, Series C, Due May 15, 2028 $15,000,000 3.78% Senior Unsecured Notes, Series D, Due August 1, 2028 $38,000,000 3.93% Senior Unsecured Notes, Series E, Due May 15, 2033 $45,000,000 4.22% Senior Unsecured Notes, Series F, Due May 15, 2038 $20,000,000 4.50% Senior Unsecured Notes, Series G, Due May 15, 2048 $85,000,000 4.60% Senior Unsecured Notes, Series H, Due August 1, 2048 NOTE P (July 28th, 2017)

Public Service Company of New Mexico, a New Mexico corporation (the "Company"), agrees with each of the Purchasers as follows:

Sigma Labs, Inc. – Amended and Restated Employment Agreement (July 27th, 2017)

This AMENDED AND RESTATED EMPLOYMENT AGREEMENT (this "Agreement") is entered into effective as of July 24, 2017 (the "Effective Date"), by and between Sigma Labs, Inc., a Nevada corporation (the "Company"), and Mark J. Cola (the "Executive").

Marathon Petroleum Corporation – CREDIT AGREEMENT Dated as of July 21, 2017, (July 27th, 2017)

CREDIT AGREEMENT dated as of July 21, 2017, among MPLX LP, a Delaware limited partnership, the LENDERS party hereto and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent.

Coca-Cola Plaza Atlanta, Georgia (July 27th, 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").

Mplx Lp – CREDIT AGREEMENT Dated as of July 21, 2017, (July 27th, 2017)

CREDIT AGREEMENT dated as of July 21, 2017, among MPLX LP, a Delaware limited partnership, the LENDERS party hereto and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent.

Coca-Cola Plaza Atlanta, Georgia (July 27th, 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").