Nixon Peabody Sample Contracts

AB Private Credit Investors Corp – CREDIT AGREEMENT January 30, 2019 Among ABPCIC Funding I LLC as the Borrower and BARCLAYS BANK PLC, NEW YORK BRANCH as the Facility Agent and THE SENIOR LENDERS REFERRED TO HEREIN and U.S. BANK NATIONAL ASSOCIATION, as the Collateral Agent, Collateral Administrator and Custodian (February 5th, 2019)

THIS CREDIT AGREEMENT dated as of January 30, 2019, is entered into by and among ABPCIC Funding I LLC, a limited liability company organized under the law of the State of Delaware, as Borrower, the Senior Lenders party hereto from time to time, BARCLAYS BANK PLC, NEW YORK BRANCH, as Facility Agent, and U.S. BANK NATIONAL ASSOCIATION, as Collateral Agent, Collateral Administrator and Custodian.

TCW Direct Lending VII LLC – Contract (February 4th, 2019)
Hercules Technology Growth Capital, Inc. – Note Purchase Agreement (January 22nd, 2019)
Kaleido Biosciences, Inc. – XCHANGE AT BEDFORD LEASE Between DIV BEDFORD, LLC, as Landlord and KALEIDO BIOSCIENCES, INC., as Tenant (January 11th, 2019)
$400,000,000 4.07% Senior Notes, Series A, Due March 13, 2026 (January 11th, 2019)

Paychex of New York LLC, a Delaware limited liability company (the "Company"), and Paychex, Inc., a Delaware corporation (the "Parent" and collectively with the Company, the "Obligors"), jointly and severally, agree with each of the Purchasers as follows:

Owl Rock Capital Corp – LOAN FINANCING AND SERVICING AGREEMENT Dated as of December 14, 2018 ORCC FINANCING III LLC as Borrower, OWL ROCK CAPITAL CORPORATION, as Equityholder, OWL ROCK CAPITAL CORPORATION, as Services Provider, THE LENDERS FROM TIME TO TIME PARTIES HERETO, DEUTSCHE BANK AG, NEW YORK BRANCH, as Facility Agent THE OTHER AGENTS PARTIES HERETO, STATE STREET BANK AND TRUST COMPANY, as Collateral Agent, and CORTLAND CAPITAL MARKET SERVICES LLC, as Collateral Custodian (December 19th, 2018)

THIS LOAN FINANCING AND SERVICING AGREEMENT is made and entered into as of December 14, 2018, among ORCC FINANCING III LLC, a Delaware limited liability company (the Borrower), OWL ROCK CAPITAL CORPORATION, a Maryland corporation, as equityholder (in such capacity, together with its successors and permitted assigns in such capacity, the Equityholder), the SERVICES PROVIDER (as hereinafter defined), each LENDER (as hereinafter defined) FROM TIME TO TIME PARTY HERETO, the AGENTS for each LENDER GROUP (as hereinafter defined) from time to time parties hereto (each such party, in such capacity, together with their respective successors and permitted assigns in such capacity, an Agent), STATE STREET BANK AND TRUST COMPANY, as Collateral Agent, and CORTLAND CAPITAL MARKET SERVICES LLC, as Collateral Custodian (each as hereinafter defined), and DEUTSCHE BANK AG, NEW YORK BRANCH, as Facility Agent (in such capacity, together with its successors and permitted assigns in such capacity, the Facil

New Mountain Finance Corp – LOAN FINANCING AND SERVICING AGREEMENT Dated as of December 14, 2018 NEW MOUNTAIN FINANCE DB, L.L.C., as Borrower NEW MOUNTAIN FINANCE CORPORATION, as Equityholder and as Servicer, THE LENDERS FROM TIME TO TIME PARTIES HERETO, DEUTSCHE BANK AG, NEW YORK BRANCH, as Facility Agent THE OTHER AGENTS PARTIES HERETO, and U.S. BANK NATIONAL ASSOCIATION, as Collateral Agent and as Collateral Custodian (December 19th, 2018)

THIS LOAN FINANCING AND SERVICING AGREEMENT is made and entered into as of December 14, 2018 among NEW MOUNTAIN FINANCE DB, L.L.C., a Delaware limited liability company (the Borrower), NEW MOUNTAIN FINANCE CORPORATION, a Delaware corporation, as equityholder (in such capacity, together with its successors and permitted assigns in such capacity, the Equityholder), the SERVICER (as hereinafter defined), each LENDER (as hereinafter defined) FROM TIME TO TIME PARTY HERETO, the AGENTS for each LENDER GROUP (as hereinafter defined) from time to time parties hereto (each such party, in such capacity, together with their respective successors and permitted assigns in such capacity, an Agent), U.S. BANK NATIONAL ASSOCIATION, as Collateral Agent and Collateral Custodian (each as hereinafter defined), and DEUTSCHE BANK AG, NEW YORK BRANCH, as Facility Agent (in such capacity, together with its successors and permitted assigns in such capacity, the Facility Agent).

Contract (December 10th, 2018)
Waiver and Third Amendment to Term Loan Credit and Security Agreement (December 3rd, 2018)

THIS WAIVER AND THIRD AMENDMENT TO TERM LOAN CREDIT AND SECURITY AGREEMENT (this "Amendment"), dated as of November 30, 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).

Kaleido Biosciences, Inc. – XCHANGE AT BEDFORD LEASE Between DIV BEDFORD, LLC, as Landlord and KALEIDO BIOSCIENCES, INC., as Tenant (November 21st, 2018)
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)