Nixon Peabody Sample Contracts

Owl Rock Capital Corp – Amendment to Credit Agreement (November 7th, 2018)

This AMENDMENT TO CREDIT AGREEMENT (this "Amendment"), dated as of October 10, 2018, is entered into by and among ORCC Financing II LLC, a Delaware limited liability company (the "Borrower"), NATIXIS, NEW YORK BRANCH, as administrative agent (in such capacity, the "Administrative Agent"), STATE STREET BANK AND TRUST COMPANY, as Collateral Agent, Collateral Administrator and Custodian, and Cortland Capital Market Services LLC, as Document Custodian and the Lenders identified on the signature pages hereto.

Carlyle GMS Finance, Inc. – Contract (November 6th, 2018)
Contract (November 6th, 2018)
Hercules Technology Growth Capital, Inc. – Hercules Capital Funding Trust 2018-1 Notes Note Purchase Agreement (November 2nd, 2018)
Contract (October 18th, 2018)
Restatement Agreement (September 19th, 2018)
TERM LOAN CREDIT AGREEMENT Dated as Of (September 19th, 2018)
Bridge Credit Agreement (September 19th, 2018)
Eagle Bancorp Montana – Agreement and Plan of Merger Dated as of August 21, 2018 by and Among Eagle Bancorp Montana, Inc., Opportunity Bank of Montana, Big Muddy Bancorp, Inc. And the State Bank of Townsend (August 21st, 2018)

This AGREEMENT AND PLAN OF MERGER (this "Agreement") is dated as of August 21, 2018, by and among Eagle Bancorp Montana, Inc., a Delaware corporation ("Buyer"), Opportunity Bank of Montana, a Montana state bank and wholly-owned subsidiary of Buyer ("Buyer Bank"), Big Muddy Bancorp, Inc., a Montana corporation ("Company"), and The State Bank of Townsend, a Montana state bank and wholly-owned subsidiary of Company ("Company Bank").

Project World Cup Bridge Commitment Letter (August 16th, 2018)

BRIDGE CREDIT AGREEMENT (this Agreement) dated as of [ ], 2018 among CONSTELLATION BRANDS, INC., a Delaware corporation (the Company), the Lenders party hereto, and BANK OF AMERICA, N.A., as Administrative Agent.

Waiver and Second Amendment to Term Loan Credit and Security Agreement (August 15th, 2018)

THIS WAIVER AND SECOND AMENDMENT TO TERM LOAN CREDIT AND SECURITY AGREEMENT (this "Amendment"), dated as of August 14, 2018, is by and among Hudson Technologies Company, a Tennessee corporation ("Hudson Technologies"), HUDSON HOLDINGS, INC., a Nevada corporation ("Holdings"), and ASPEN REFRIGERANTS, INC. (formerly known as AIRGAS-REFRIGERANTS, INC.), a Delaware corporation ("ARI" and together with Hudson Technologies, and Holdings, collectively, the "Borrowers", and each a "Borrower"), the other Credit Parties hereto, the financial institutions party hereto as lenders (the "Lenders"), and U.S. BANK NATIONAL ASSOCIATION, a national banking association, as collateral agent and administrative agent for the Lenders (in such capacities, the "Agent"). Capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed thereto in the Credit Agreement (as defined below).

Restatement Agreement (August 14th, 2018)

SEVENTH AMENDED AND RESTATED CREDIT AGREEMENT (this Agreement) dated as of August 10, 2018 among CONSTELLATION BRANDS, INC., a Delaware corporation, CB International Finance S.a r.l., a private limited liability company (societe a responsabilite limitee) incorporated under the laws of Luxembourg, having its registered office at 26, Boulevard Royal, L-2449 Luxembourg and registered with the Luxembourg trade and companies register under number B 93.303, the LENDERS party hereto, BANK OF AMERICA, N.A., as Administrative Agent and the other parties hereto.

Eleventh Amendment to the Amended and Restated Competitive Advance and Revolving Credit Agreement (August 7th, 2018)

This ELEVENTH AMENDMENT, dated as of June 21, 2018 (this "Amendment"), to the Amended and Restated Competitive Advance and Revolving Credit Agreement, dated as of December 13, 2004 and effective as of January 5, 2005, and as amended and restated as of August 5, 2013, as further amended as of June 29, 2015, as further amended as of September 30, 2016 and as further amended as of August 1, 2017 (as thereafter amended and modified from time to time prior to the date hereof, the "Credit Agreement"), among TEGNA Inc. (f/k/a Gannett Co., Inc.), a Delaware corporation (the "Borrower"), the several banks and other financial institutions from time to time parties to the Credit Agreement (the "Lenders"), JPMorgan Chase Bank, N.A., as administrative agent (in such capacity, the "Administrative Agent"), JPMorgan Chase Bank, N.A. and Citibank, N.A., as syndication agents, and Barclays Bank PLC, Citizens Bank, N.A., Fifth Third Bank, Mizuho Bank, Ltd., MUFG Bank, Ltd., RBC Capital Markets, Sumitomo

iFresh Inc – Credit Agreement (June 29th, 2018)

THIS CREDIT AGREEMENT (as from time to time amended, restated, supplemented or otherwise modified from time to time and in effect, this "Agreement") is made as of December 23, 2016 (the "Effective Date"), by and between NYM HOLDING, INC., a Delaware corporation (the "Borrower"), and KEYBANK NATIONAL ASSOCIATION, with an address at 660 White Plains Road, 2nd Floor, Tarrytown, NY 10591 (together with its permitted successors and assigns, the "Lender").

[Letterhead of Entegris, Inc.] (June 8th, 2018)

We have received your letter, dated as of the date hereof, setting forth your proposal to enter into a purchase agreement on the terms and conditions set forth therein. We hereby accept the terms of your proposal, as reproduced in full below:

Owl Rock Capital Corp – CREDIT AGREEMENT Dated as of May 22, 2018 Among ORCC FINANCING II LLC, as Borrower, the Lenders Referred to Herein, Natixis, New York Branch, as Administrative Agent, and State Street Bank and Trust Company, as Collateral Agent, Collateral Administrator, Custodian and Cortland Capital Market Services LLC Document Custodian (May 23rd, 2018)

THIS CREDIT AGREEMENT dated as of May 22, 2018, is entered into by and among ORCC FINANCING II LLC a Delaware limited liability company, as Borrower, the Lenders party hereto from time to time, NATIXIS, NEW YORK BRANCH, as Administrative Agent, STATE STREET BANK AND TRUST COMPANY, as Collateral Agent, Collateral Administrator and Custodian, and CORTLAND CAPITAL MARKET SERVICES LLC, as Document Custodian.

MeiraGTx Holdings plc – Lease Agreement (May 14th, 2018)

THIS LEASE AGREEMENT is made as of this 29 day of June, 2016, between ARE-EAST River Science Park, LLC, a Delaware limited liability company (Landlord), and MeiraGTx, LLC, a Delaware limited liability company (Tenant).

EpiCept Corporation – Securities Purchase Agreement (May 14th, 2018)

This Securities Purchase Agreement (this "Agreement") is dated as of May 14, 2018, between Immune Pharmaceuticals, Inc., a Delaware corporation (the "Company"), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a "Purchaser" and collectively, the "Purchasers").

MeiraGTx Holdings plc – Lease Agreement (May 11th, 2018)

THIS LEASE AGREEMENT is made as of this 29 day of June, 2016, between ARE-EAST River Science Park, LLC, a Delaware limited liability company (Landlord), and MeiraGTx, LLC, a Delaware limited liability company (Tenant).

Fusion Telecommunications International, Inc. – CREDIT AGREEMENT Dated as of May [__], 2018 by and Among [BORROWER], as Borrower, VARIOUS LENDERS, GOLDMAN SACHS LENDING PARTNERS LLC, as Administrative Agent U.S. BANK NATIONAL ASSOCIATION, as Collateral Agent and U.S. BANK NATIONAL ASSOCIATION, as Collateral Custodian (April 30th, 2018)

Capitalized terms used in these recitals and in the preamble shall have the respective meanings given to such terms in Section 1.1 hereof.

Term Loan and Security Agreement (April 4th, 2018)

This TERM LOAN AND SECURITY AGREEMENT (this "Agreement"), dated as of March 30, 2018, is by and between CHP Friendswood snf, llc, a Delaware limited liability company (the "Borrower"), and CIBC BANK USA (together with its successors and assigns, the "Lender").

CVD Equipment Corporation – TOWN OF ISLIP INDUSTRIAL DEVELOPMENT AGENCY (TOWN OF ISLIP, NEW YORK) and CVD EQUIPMENT CORPORATION AGENCY COMPLIANCE AGREEMENT Dated as of November 1, 2017 Town of Islip Industrial Development Agency (April 2nd, 2018)

THIS AGENCY COMPLIANCE AGREEMENT, dated as of November 1, 2017 (this "Agency Compliance Agreement"), is by and between the TOWN OF ISLIP INDUSTRIAL DEVELOPMENT AGENCY, a public benefit corporation of the State of New York, having its office at 40 Nassau Avenue, Islip, New York 11751 (the "Agency"), and CVD Equipment Corporation, a business corporation duly organized and validly existing under the laws of the State of New York, having its principal office at 355 South Technology Drive, Central Islip, New York 11722 (the "Sublessee").

CVD Equipment Corporation – TOWN OF ISLIP INDUSTRIAL DEVELOPMENT AGENCY (TOWN OF ISLIP, NEW YORK) and CVD EQUIPMENT CORPORATION AMENDED AND RESTATED AGENCY COMPLIANCE AGREEMENT Dated as of November 1, 2017 Town of Islip Industrial Development Agency (FAE Holdings 411519R, LLC/CVD Equipment Corporation 2017 Facility) (April 2nd, 2018)

THIS AGENCY COMPLIANCE AGREEMENT, originally dated as of March 1, 2012 and amended and restated as of November 1, 2017 (this "Agency Compliance Agreement"), is by and between the TOWN OF ISLIP INDUSTRIAL DEVELOPMENT AGENCY, a public benefit corporation of the State of New York, having its office at 40 Nassau Avenue, Islip, New York 11751 (the "Agency"), and CVD Equipment Corporation, a business corporation duly organized and validly existing under the laws of the State of New York, having its principal office at 355 South Technology Drive, Central Islip, New York 11722 (the "Sublessee").

CVD Equipment Corporation – TOWN OF ISLIP INDUSTRIAL DEVELOPMENT AGENCY (TOWN OF ISLIP, NEW YORK) and FAE HOLDINGS 411519R, LLC AMENDED AND RESTATED LEASE AND PROJECT AGREEMENT Dated as of November 1, 2017 Town of Islip Industrial Development Agency (FAE Holdings 411519R, LLC/CVD Equipment Corporation 2017 Facility) (April 2nd, 2018)

THIS AMENDED AND RESTATED LEASE AND PROJECT AGREEMENT, originally dated as of March 1, 2012 and amended and restated as of November 1, 2017 (this "Lease Agreement"), is between the TOWN OF ISLIP INDUSTRIAL DEVELOPMENT AGENCY, a public benefit corporation of the State of New York, having its office at 40 Nassau Avenue, Islip, New York 11751 (the "Agency"), and FAE HOLDINGS 411519R, LLC, a limited liability company duly organized and validly existing under the laws of the State of New York, having its principal office at 355 South Technology Drive, Central Islip, New York 11722 (the "Company").

Inovalon Holdings, Inc. – AGREEMENT AND PLAN OF MERGER BY AND AMONG INOVALON HOLDINGS, INC., NEW HEIGHTS MERGER CORPORATION, BUTLER GROUP HOLDINGS, INC. AND SHAREHOLDER REPRESENTATIVE SERVICES LLC, AS STOCKHOLDER REPRESENTATIVE Dated as of March 6, 2018 (March 7th, 2018)
CREDIT AGREEMENT Dated as of March 2, 2018 Among LIFETIME BRANDS, INC. The Other Borrowers and Other Loan Parties Party Hereto the Lenders Party Hereto and JPMORGAN CHASE BANK, N.A., as Administrative Agent JPMORGAN CHASE BANK, N.A., as Sole Bookrunner and Sole Lead Arranger ASSET BASED LENDING (March 6th, 2018)

CREDIT AGREEMENT dated as of March 2, 2018 (as it may be amended or modified from time to time, this Agreement), among LIFETIME BRANDS, INC., the other BORROWERS from time to time party hereto, the other Loan Parties from time to time party hereto, the Lenders from time to time party hereto, and JPMORGAN CHASE BANK, N.A., as Administrative Agent.

LOAN AGREEMENT Dated as of March 2, 2018 Among LIFETIME BRANDS, INC. The Other Loan Parties Party Hereto the Lenders Party Hereto JPMORGAN CHASE BANK, N.A., as Administrative Agent and GOLUB CAPITAL LLC, as Syndication Agent JPMORGAN CHASE BANK, N.A. And GOLUB CAPITAL LLC, as Joint Bookrunners and Joint Lead Arrangers (March 6th, 2018)

LOAN AGREEMENT dated as of March 2, 2018 (as it may be amended or modified from time to time, this Agreement), among LIFETIME BRANDS, INC., the other Loan Parties from time to time party hereto, the Lenders from time to time party hereto, JPMORGAN CHASE BANK, N.A., as Administrative Agent and GOLUB CAPITAL LLC, as Syndication Agent.

Akoustis Technologies, Inc. – LEASE AND PROJECT AGREEMENT Dated as of February 1, 2018 Ontario County Industrial Development Agency (Akoustis, Inc. 2018 Facility) (March 5th, 2018)

THIS LEASE AND PROJECT AGREEMENT, dated as of February 1, 2018 (this "Lease Agreement"), is between the ONTARIO COUNTY INDUSTRIAL DEVELOPMENT AGENCY, a public benefit corporation of the State of New York, having its office at 20 Ontario Street, Canandaigua, New York 14424 (the "Agency"), and AKOUSTIS, INC., a business corporation duly organized and validly existing under the laws of the State of Delaware and authorized to transact business in the State of New York, having its principal office at 9805-A Northcross Center Court, Huntersville, North Carolina 28078 (the "Company").

Amendment No. 1 to Loan and Security Agreement (February 23rd, 2018)

THIS AMENDMENT NO. 1 TO LOAN AND SECURITY AGREEMENT (this "Amendment"), dated as of October 18, 2017, is entered into by and among LML WAREHOUSE SPV, LLC, a Delaware limited liability company (the "Borrower"), the Lenders party hereto, the Group Agents party hereto, DEUTSCHE BANK TRUST COMPANY AMERICAS, a New York banking corporation, as paying agent (in such capacity, the "Paying Agent") and DEUTSCHE BANK AG, NEW YORK BRANCH, as administrative agent (in such capacity, the "Administrative Agent") and is made in respect of the Loan and Security Agreement, dated as of August 17, 2017 (the "Loan Agreement") among the Borrower, Tesla Finance LLC, a Delaware limited liability company ("TFL"), the Lenders party thereto, the Group Agents party thereto and the Administrative Agent. Defined terms used herein and not otherwise defined herein shall have the respective meanings given to them in the Loan Agreement as amended hereby.

Amendment No. 1 to Amended and Restated Loan and Security Agreement (February 23rd, 2018)

THIS AMENDMENT NO. 1 TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this "Amendment"), dated as of October 18, 2017, is entered into by and among TESLA 2014 WAREHOUSE SPV LLC, a Delaware limited liability company (the "Borrower"), TESLA FINANCE LLC, a Delaware limited liability company ("TFL"), the Lenders party hereto, the Group Agents party hereto, DEUTSCHE BANK TRUST COMPANY AMERICAS, a New York banking corporation, as paying agent (in such capacity the "Paying Agent") and DEUTSCHE BANK AG, NEW YORK BRANCH, as administrative agent (in such capacity, the "Administrative Agent") and is made in respect of the Amended and Restated Loan and Security Agreement, dated as of August 17, 2017(the "Loan Agreement") among the Borrower, TFL, the Lenders party thereto, the Group Agents party thereto and the Administrative Agent. Defined terms used herein and not otherwise defined herein shall have the respective meanings given to them in the Loan Agreement as amended hereby.

Owl Rock Capital Corp II – CREDIT AGREEMENT Dated as of December 1, 2017 by and Among ORCC II FINANCING LLC and OR LENDING II LLC, as Borrowers, VARIOUS LENDERS, GOLDMAN SACHS BANK USA, as Sole Lead Arranger and Syndication Agent GOLDMAN SACHS BANK USA, as Administrative Agent STATE STREET BANK AND TRUST COMPANY, as Collateral Administrator STATE STREET BANK AND TRUST COMPANY, as Collateral Agent and CORTLAND CAPITAL MARKET SERVICES LLC, as Collateral Custodian (December 4th, 2017)

Capitalized terms used in these recitals and in the preamble shall have the respective meanings given to such terms in Section 1.1 hereof.

Hms Income Fund, Inc. – Amendment No. 5 (November 27th, 2017)

AMENDMENT NO. 5 dated as of November 20, 2017 (this "Agreement"), among HMS Funding I LLC (the "Borrower"), HMS Income Fund, Inc., as Equityholder and as Servicer (the "Servicer"), the Lenders executing this Agreement on the signature pages hereto, U.S. Bank National Association, as Collateral Agent (the "Collateral Agent") and as Collateral Custodian (the "Collateral Custodian") and Deutsche Bank AG, New York Branch, as Administrative Agent (the "Administrative Agent").

CM Finance Inc – Preliminary Statement (November 27th, 2017)
Contract (November 13th, 2017)
Tenth Amendment to the Amended and Restated Competitive Advance and Revolving Credit Agreement (November 8th, 2017)

This TENTH AMENDMENT, dated as of August 1, 2017 (this "Amendment"), to the Amended and Restated Competitive Advance and Revolving Credit Agreement, dated as of December 13, 2004 and effective as of January 5, 2005, and as amended and restated as of August 5, 2013, as further amended as of June 29, 2015, and as further amended as of September 30, 2016 (as thereafter amended and modified from time to time prior to the date hereof, the "Credit Agreement"), among TEGNA Inc. (f/k/a Gannett Co., Inc.), a Delaware corporation (the "Borrower"), the several banks and other financial institutions from time to time parties to the Credit Agreement (the "Lenders"), JPMorgan Chase Bank, N.A., as administrative agent (in such capacity, the "Administrative Agent"), JPMorgan Chase Bank, N.A. and Citibank, N.A., as syndication agents, and Barclays Bank PLC, Mizuho Bank, Ltd., SunTrust Bank, The Bank of Tokyo-Mitsubishi UFJ, Ltd and U.S. Bank, National Association, as documentation agents and JPMorgan C