New York Sample Contracts

Crinetics Pharmaceuticals, Inc. – Crinetics Pharmaceuticals, Inc. Stock Option Agreement (June 22nd, 2018)

The Board of Directors of Crinetics Pharmaceuticals, Inc., a Delaware corporation (the Company), has approved a grant to , an individual (the Optionee), of an option (the Option) to purchase shares of Common Stock of the Company (the Shares), pursuant to the Companys amended and restated 2015 Stock Incentive Plan (the Plan) and this Stock Option Agreement (the Option Agreement), as follows:

Marvell Technology Group Ltd., as Issuer and as Trustee 4.200% Senior Notes Due 2023 and 4.875% Senior Notes Due 2028 First Supplemental Indenture Dated as of June 22, 2018 to Indenture Dated as of June 22, 2018 (June 22nd, 2018)

FIRST SUPPLEMENTAL INDENTURE, dated as of June 22, 2018 (First Supplemental Indenture), to the Indenture dated as of June 22, 2018 (as amended, modified or supplemented from time to time in accordance therewith, other than with respect to a particular series of debt securities, the Base Indenture and, as amended, modified and supplemented by this First Supplemental Indenture, the Indenture), by and among Marvell Technology Group Ltd., a Bermuda exempted company (the Company), and U.S. Bank National Association, a national banking association, as trustee (the Trustee).

SECOND AMENDED AND RESTATED CREDIT AGREEMENT Dated as of June 22, 2018 Among PULTEGROUP, INC., as Borrower, BANK OF AMERICA, N.A., as Administrative Agent, a Swing Line Lender and an L/C Issuer, and the Other Lenders Party Hereto (June 22nd, 2018)
Constellation Pharmaceuticals Inc – Contract (June 22nd, 2018)

THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE ACT), OR THE SECURITIES LAWS OF ANY STATE AND, EXCEPT AS SET FORTH IN SECTIONS 5.3 AND 5.4 BELOW, MAY NOT BE OFFERED, SOLD, PLEDGED OR OTHERWISE TRANSFERRED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND LAWS OR, IN THE OPINION OF LEGAL COUNSEL IN FORM AND SUBSTANCE SATISFACTORY TO THE COMPANY, SUCH OFFER, SALE, PLEDGE OR OTHER TRANSFER IS EXEMPT FROM SUCH REGISTRATION.

Replimune Group, Inc. – Clinical Trial Collaboration and Supply Agreement (June 22nd, 2018)

This CLINICAL TRIAL COLLABORATION AND SUPPLY AGREEMENT (the Agreement) is made and entered into effective as of the date signed by the last Party to sign below (the Effective Date) by and between Replimune Inc., a corporation organized under the laws of Delaware, having a place of business at 18 Commerce Way, Woburn, MA 01801 (the Recipient) and Bristol-Myers Squibb Company, having a place of business at 345 Park Avenue, New York, NY 10154 (BMS). The Recipient and BMS are sometimes individually referred to in this Agreement as a Party and collectively as the Parties.

Thunder Bridge Acquisition Ltd – Amended and Restated Private Placement Warrants Purchase Agreement (June 22nd, 2018)

THIS AMENDED AND RESTATED PRIVATE PLACEMENT WARRANTS PURCHASE AGREEMENT, dated as of June 18, 2018 (as it may from time to time be amended, this "Agreement"), is entered into by and between Thunder Bridge Acquisition, Ltd., a Cayman Islands exempted company (the "Company") and Thunder Bridge Acquisition, LLC, a Delaware limited liability company (the "Purchaser").

Constellation Pharmaceuticals Inc – Contract (June 22nd, 2018)

THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE ACT), OR THE SECURITIES LAWS OF ANY STATE AND, EXCEPT AS SET FORTH IN SECTIONS 5.3 AND 5.4 BELOW, MAY NOT BE OFFERED, SOLD, PLEDGED OR OTHERWISE TRANSFERRED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND LAWS OR IN FORM AND SUBSTANCE SATISFACTORY TO THE COMPANY, SUCH OFFER, SALE, PLEDGE OR OTHER TRANSFER IS EXEMPT FROM SUCH REGISTRATION.

Investment – SALE, CONTRIBUTION AND MASTER PARTICIPATION AGREEMENT by and Between OXFORD SQUARE FUNDING 2018, LLC, as the Buyer and OXFORD SQUARE CAPITAL CORP., as the Seller June 21, 2018 (June 22nd, 2018)

THIS SALE, CONTRIBUTION AND MASTER PARTICIPATION AGREEMENT (such agreement as amended, modified, supplemented or restated from time to time, the "Agreement") is dated as of June 21, 2018 (the "Purchase Date"), by and between OXFORD SQUARE CAPITAL CORP., a Maryland corporation, as the seller (in such capacity, the "Seller") and OXFORD SQUARE FUNDING 2018, LLC, a Delaware limited liability company, as the buyer (in such capacity, the "Buyer").

Constellation Pharmaceuticals Inc – Confidential Materials Omitted and Filed Separately With the Securities and Exchange Commission. Double Asterisks Denote Omissions. LICENSE AND COLLABORATION AGREEMENT BETWEEN GENENTECH, INC., F. HOFFMANN-LA ROCHE LTD AND CONSTELLATION PHARMACEUTICALS, INC. (June 22nd, 2018)

THIS LICENSE AND COLLABORATION AGREEMENT (Agreement) dated January 9, 2012 (Signing Date), is effective as of the Effective Date by and between Genentech, Inc., a Delaware corporation, having a principal place of business at 1 DNA Way, South San Francisco, California 94080 (Genentech), F. Hoffmann-La Roche Ltd, Grenzacherstrasse 124, CH4070 Basel Switzerland (Roche) (Genentech and Roche together referred to as Licensee) and Constellation Pharmaceuticals, Inc., a Delaware corporation, having a principal place of business at 215 First Street, Cambridge, MA, 02142 (Constellation). Licensee and Constellation are each referred to herein individually as a Party and collectively as the Parties.

Replimune Group, Inc. – Amended and Restated Investors Rights Agreement (June 22nd, 2018)

THIS AMENDED AND RESTATED INVESTORS RIGHTS AGREEMENT (this Agreement), is made as of the 21 day of July, 2017, by and among Replimune Group, Inc., a Delaware corporation (the Company), each of the investors listed on Schedule A (the Investors) and each of the stockholders listed on Schedule B hereto, each of whom is referred to herein as a Key Holder.

Thunder Bridge Acquisition Ltd – Amended and Restated Private Placement Warrants Purchase Agreement (June 22nd, 2018)

THIS AMENDED AND RESTATED PRIVATE PLACEMENT WARRANTS PURCHASE AGREEMENT, dated as of June 18, 2018 (as it may from time to time be amended, this "Agreement"), is entered into by and between Thunder Bridge Acquisition, Ltd., a Cayman Islands exempted company (the "Company") and Cantor Fitzgerald & Co., a New York general partnership (the "Purchaser").

MVP REIT II, Inc. – Second Amendment to Credit Agreement and Omnibus Amendment to Loan Documents (June 22nd, 2018)

This Second Amendment to Credit Agreement and Omnibus Amendment to Loan Documents (this "Amendment") is made as of this 21st day of June, 2018, by and among MVP REIT II Operating Partnership, LP, a Delaware limited partnership (the "Borrower"), The Parking REIT, Inc. ("Guarantor"), the undersigned subsidiaries of Borrower and subsidiary guarantors, the financial institutions party to the Credit Agreement (as hereinafter defined) (collectively, together with their successors and assigns, the "Lenders"), and KeyBank, National Association, as administrative agent for itself and the other Lenders (together with its successors, "Administrative Agent" or "Agent").

New Century Bancorp, Inc. (NC) – Select Bancorp, Inc. (June 22nd, 2018)

SENIOR INDENTURE, dated as of [ ], 20[ ] (the "Indenture"), is made by and between SELECT BANCORP, INC., a corporation duly organized and existing under the laws of the State of North Carolina (the "Company"), having its principal office at 700 West Cumberland Street, Dunn, North Carolina 28334, and [ ], having an office at [ ], not in its individual capacity but solely as Trustee (the "Trustee").

Crinetics Pharmaceuticals, Inc. – Amended and Restated Certificate of Incorporation of Crinetics Pharmaceuticals, Inc. (June 22nd, 2018)

For the management of the business and for the conduct of the affairs of the Company, and in further definition, limitation and regulation of the powers of the Company, of its directors and of its stockholders or any class thereof, as the case may be, it is further provided that:

Replimune Group, Inc. – Master Clinical Trial Collaboration and Supply Agreement (June 22nd, 2018)

This MASTER CLINICAL TRIAL COLLABORATION AND SUPPLY AGREEMENT (this Agreement), made as of May 29, 2018 (the Effective Date), is by and between Regeneron Pharmaceuticals, Inc., having a place of business at 777 Old Saw Mill River Road, Tarrytown, NY 10591 (Regeneron), and Replimune Group Inc. having a place of business at 18 Commerce Way, Woburn MA 01801 (Replimune). Regeneron and Replimune are each referred to herein individually as a Party and collectively as the Parties.

Potomac Electric Power Co – Corporate Seal (Or a Facsimile Thereof) to Be Hereto Affixed and Attested by the Facsimile Signature of Its Secretary or an Assistant Secretary. Dated: POTOMAC ELECTRIC POWER COMPANY by Donna J. Kinzel, Senior Vice President, Chief Financial Officer and Treasurer Attest: Assistant Secretary [FORM OF TRUSTEE'S CERTIFICATE] This Bond Is One of the Bonds, of the Series Designated Therein, Described in the Within- Mentioned Amended Indenture and the Supplemental Indenture Dated as of June 1, 2018. Dated: The Bank of New York Mellon, as Trustee. By Authorized Signatory [TEXT APPEARING ON REVERSE SI (June 22nd, 2018)
Amended and Restated Five Year Credit Agreement (June 22nd, 2018)

The Borrower, the lenders party thereto and Citibank, as administrative agent, are parties to an Amended and Restated Five Year Credit Agreement dated as of September 16, 2015 (the Existing Credit Agreement). Subject to the satisfaction of the conditions set forth in Section 3.01 hereof, the parties hereto agree to amend and restate the Existing Credit Agreement as herein set forth.

Thunder Bridge Acquisition Ltd – WARRANT AGREEMENT Between THUNDER BRIDGE ACQUISITION, LTD. And (June 22nd, 2018)

THIS WARRANT AGREEMENT (this "Agreement"), dated as of June 18, 2018, is by and between Thunder Bridge Acquisition, Ltd., a Cayman Islands exempted company (the "Company"), and Continental Stock Transfer & Trust Company, a New York corporation, as warrant agent (the "Warrant Agent").

California Republic Auto Receivables Trust 2018-1 – Second Amended and Restated Trust Agreement (June 22nd, 2018)

This SECOND AMENDED AND RESTATED TRUST AGREEMENT, dated as of June 1, 2018 (as amended, restated or otherwise modified from time to time, this "Agreement"), is between California Republic Funding, LLC, a Delaware limited liability company (the "Depositor"), and Wilmington Trust, National Association, a national banking association, as owner trustee (the "Owner Trustee").

Constellation Pharmaceuticals Inc – RESEARCH, DEVELOPMENT AND COMMERCIALIZATION AGREEMENT by and Between Constellation Pharmaceuticals, Inc. And the Leukemia & Lymphoma Society (June 22nd, 2018)

This Agreement (the Agreement) is made as of the 31st day of July, 2012 (the Effective Date), by and between The Leukemia and Lymphoma Society, a New York nonprofit corporation with its principal place of business at 1311 Mamaroneck Avenue, White Plains, New York 10605 (LLS) and Constellation Pharmaceuticals, Inc., a Delaware corporation with its principal place of business at 215 First Street, Suite 200, Cambridge, MA 02142 (Company). LLS and Company are sometimes hereinafter referred to individually as the Party and together as the Parties.

Allakos Inc. – Allakos Inc. Amended and Restated Investors Rights Agreement (June 22nd, 2018)

This Amended and Restated Investors Rights Agreement (this Agreement) made as of November 30, 2017, by and among Allakos Inc., a Delaware corporation (the Company), and the persons and entities listed on Exhibit A (each, an Investor and collectively, the Investors).

Constellation Pharmaceuticals Inc – Contract (June 22nd, 2018)

THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE ACT), OR THE SECURITIES LAWS OF ANY STATE AND, EXCEPT AS SET FORTH IN SECTIONS 5.3 AND 5.4 BELOW, MAY NOT BE OFFERED, SOLD, PLEDGED OR OTHERWISE TRANSFERRED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND LAWS OR, IN THE OPINION OF LEGAL COUNSEL IN FORM AND SUBSTANCE SATISFACTORY TO THE COMPANY, SUCH OFFER, SALE, PLEDGE OR OTHER TRANSFER IS EXEMPT FROM SUCH REGISTRATION.

Fourth Amendment to Revolving Credit and Guaranty Agreement (June 22nd, 2018)

THIS FOURTH AMENDMENT TO REVOLVING CREDIT AND GUARANTY AGREEMENT (this Amendment) is made and entered into this 19th day of June, 2018, by and among XERIUM TECHNOLOGIES, INC., a Delaware corporation (the Lead Borrower), XERIUM CANADA INC., a corporation organized under the laws of the Province of New Brunswick (Xerium Canada), HUYCK. WANGNER GERMANY GMBH, a limited liability company (Gesellschaft mit beschrankter Haftung) organized under the laws of Germany and registered with the commercial register (Handelsregister) of the local court (Amtsgericht) Stuttgart under registration number HRB 353855 (the European Lead Borrower), ROBEC WALZEN GMBH, a limited liability company (Gesellschaft mit beschrankter Haftung) organized under the laws of Germany and registered with the commercial register (Handelsregister) of the local court (Amtsgericht) Duren under registration number HRB 2867 (Robec Germany), STOWE WOODWARD AKTIENGESELLSCHAFT, a stock corporation (Aktiengesellschaft) organized unde

Investment – Credit and Security Agreement (June 22nd, 2018)

CREDIT AND SECURITY AGREEMENT, dated as of June 21, 2018, among OXFORD SQUARE FUNDING 2018, LLC, a Delaware limited liability company, as borrower (the "Borrower"), OXFORD SQUARE CAPITAL CORP., a Maryland corporation, as the sole equityholder of the Borrower (in such capacity, the "Equityholder"), the LENDERS from time to time party hereto, CITIBANK, N.A. ("Citibank"), as administrative agent for the Secured Parties (as hereinafter defined) (in such capacity, the "Administrative Agent"), THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION ("BNYM"), as collateral agent for the Secured Parties (as hereinafter defined) (in such capacity, the "Collateral Agent") and as collateral custodian for the Secured Parties (in such capacity, the "Custodian") and OXFORD SQUARE CAPITAL CORP., a Maryland corporation, as collateral manager (in such capacity, the "Collateral Manager").

UNDERWRITING AGREEMENT Between IBIO, INC. And as Representative of the Several Underwriters IBIO, INC. UNDERWRITING AGREEMENT (June 22nd, 2018)
MVP REIT II, Inc. – First Amendment to Credit Agreement and Omnibus Amendment to Loan Documents (June 22nd, 2018)

This First Amendment to Credit Agreement and Omnibus Amendment to Loan Documents (this "Amendment") is made as of this 9th day of May, 2018, by and among MVP REIT II Operating Partnership, LP, a Delaware limited partnership (the "Borrower"), The Parking REIT, Inc. ("Guarantor"), the undersigned subsidiaries of Borrower and subsidiary guarantors, the financial institutions party to the Credit Agreement (as hereinafter defined) (collectively, together with their successors and assigns, the "Lenders"), and KeyBank, National Association, as administrative agent for itself and the other Lenders (together with its successors, "Administrative Agent" or "Agent").

Mphase Technologies – AMENDMENT NO.5 TO LETTER OF INTENT mPhase Technologies, Inc. (June 22nd, 2018)

This Amendment No.5 (the "Amendment") to our LOI Intent dated December 29, 2017, as amended on February 15, 2018, March 31, 2018, April 3, 2018 and May 30, 2018 hereby amends the LOI as follows:

Santander Drive Auto Receivables Trust 2018-3 – SANTANDER DRIVE AUTO RECEIVABLES TRUST 2018-3 Class A-1 2.45000% Auto Loan Asset Backed Notes Class A-2-A 2.78% Auto Loan Asset Backed Notes Class A-2-B LIBOR + 0.27% Auto Loan Asset Backed Notes Class A-3 3.03% Auto Loan Asset Backed Notes Class B 3.29% Auto Loan Asset Backed Notes Class C 3.51% Auto Loan Asset Backed Notes Class D 4.07% Auto Loan Asset Backed Notes Class E 0.00% Auto Loan Asset Backed Notes INDENTURE Dated as of June 27, 2018 WELLS FARGO BANK, NATIONAL ASSOCIATION, as the Indenture Trustee (June 22nd, 2018)

This INDENTURE, dated as of June 27, 2018 (as amended, supplemented or otherwise modified and in effect from time to time, this Indenture), is between SANTANDER DRIVE AUTO RECEIVABLES TRUST 2018-3, a Delaware statutory trust (the Issuer), and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, solely as trustee and not in its individual capacity (the Indenture Trustee).

Delmarva Power & Light Co – Contract (June 22nd, 2018)
Document Security Systems, Inc. – FOURTH AMENDED AND RESTATED BY-LAWS OF DOCUMENT SECURITY SYSTEMS, INC. (A New York Corporation) (June 22nd, 2018)
Thunder Bridge Acquisition Ltd – Investment Management Trust Agreement (June 22nd, 2018)

This Investment Management Trust Agreement (this "Agreement") is made effective as of June 18, 2018, by and between Thunder Bridge Acquisition, Ltd., a Cayman Islands exempted company (the "Company"), and Continental Stock Transfer & Trust Company, a New York corporation (the "Trustee").

Amendment No. 5 (June 22nd, 2018)

This Third Amended and Restated Loan Agreement is entered into as of January 16, 2018, by and among VANTIV, LLC, a Delaware limited liability company (the Borrower), the various institutions from time to time party to this Agreement, as Lenders, and Morgan Stanley Senior Funding, Inc. (successor administrative agent to JPMorgan Chase Bank, N.A.), as administrative agent and collateral agent (the Administrative Agent or Collateral Agent).

Asset Purchase Agreement (June 22nd, 2018)

5.9 Real Property 29 5.10 Software and Data 30 5.11 Intellectual Property 30 5.12 Products and Databases; Nature of Business 33 5.13 Material Contracts 34 5.14 Employee Benefits 35 5.15 Labor 36 5.16 Litigation 37 5.17 Compliance with Laws; Permits 38 5.18 Customers and Suppliers 38 5.19 Insurance 38 5.20 Accounts Receivable 39 5.21 Books and Records 39 5.22 Debt Instruments; Accounts Payable; Intercompany Transactions 39 5.23 Financial Advisors 40 5.24 No Other Representations or Warranties; Schedules 40 Article VI REPR

Certain Sections of This Indenture Relating to Sections 310 Through 318 Inclusive, of the Trust Indenture Act of 1939 (June 22nd, 2018)

INDENTURE, dated as of June 22, 2018, between Marvell Technology Group Ltd., a Bermuda exempted company (herein called the Company), and U.S. Bank National Association, a national banking association duly organized and existing under the laws of the United States, as Trustee (herein called the Trustee).

Forty Seven, Inc. – Exclusive (Equity) Agreement (June 22nd, 2018)

This Agreement between THE BOARD OF TRUSTEES OF THE LELAND STANFORD JUNIOR UNIVERSITY (Stanford), an institution of higher education having powers under the laws of the State of California, and Forty Seven, Inc. (Forty Seven), a corporation having a principal place of business at 353 Lowell Avenue, Palo Alto, California 94301, is effective on the 19th day of November, 2015 (Effective Date).