Nixon Peabody Sample Contracts

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

AMENDED AND RESTATED CREDIT AGREEMENT Dated as of August 9, 2017 Among (October 30th, 2017)

PRELIMINARY STATEMENT. The Company, the lenders parties thereto and Citibank, as agent, are parties to the Credit Agreement dated as of March 18, 2014, as amended (the "Existing Credit Agreement"). Subject to the satisfaction of the conditions set forth in Section 3.01, the Company, the parties hereto and Citibank, as Agent, desire to amend and restate the Existing Credit Agreement as herein set forth.

Eagle Bancorp Montana – Agreement and Plan of Merger Dated as of September 5, 2017 by and Among Eagle Bancorp Montana, Inc., Opportunity Bank of Montana, Twinco, Inc. And Ruby Valley Bank (September 6th, 2017)

This AGREEMENT AND PLAN OF MERGER (this "Agreement") is dated as of September 5, 2017, 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"), TwinCo, Inc., a Montana corporation ("Company"), and Ruby Valley Bank, a Montana state bank and wholly-owned subsidiary of Company ("Company Bank").

Share Purchase Agreement Dated as of July 24, 2017 Among Purchaser, Purchaser Sub, Seller, and the Other Persons Whose Names Are Set Forth on the Signature Pages Hereto (July 26th, 2017)

This SHARE PURCHASE AGREEMENT, dated as of July 24, 2017 (this Agreement), is entered into by and among Refresco Group N.V., a Netherlands limited liability company (naamloze vennootschap) (Purchaser), Refresco US Holding Inc., a Delaware corporation (Purchaser Sub), Cott Corporation, a corporation organized under the laws of Canada (the Seller), each of the persons named as Group Companies on Section 4.1(a) of the Companies Disclosure Letter (each, a Group Company and collectively, the Group Companies), and each direct holder of shares or other equity interests of any Purchased Company (as defined herein) (such direct holders, the Selling Subsidiaries). Purchaser, Purchaser Sub, Seller, and each Selling Subsidiary are each sometimes referred to herein as a Party and, collectively, as the Parties. All monetary amounts in this Agreement are stated in U.S. Dollars.

Sienna Biopharmaceuticals, Inc. – Confidential Treatment Requested by Sienna Biopharmaceuticals, Inc. (July 3rd, 2017)

The Vendors wish to sell and the Purchaser wishes to acquire the entire issued share capital of the Company subject to the terms of this Agreement.

Voting and Support Agreement (June 19th, 2017)

This VOTING AGREEMENT, dated as of June 19, 2017 (this Agreement), is entered into by and among EQT Corporation, a Pennsylvania corporation (Parent) and the undersigned signatories set forth on the signature pages hereto under the heading Company Stockholders (collectively, the Company Stockholders). Parent and the Company Stockholders are each sometimes referred to herein individually as a Party and collectively as the Parties.

Rice Energy Appalachia, LLC – Voting and Support Agreement (June 19th, 2017)

This VOTING AGREEMENT, dated as of June 19, 2017 (this Agreement), is entered into by and among EQT Corporation, a Pennsylvania corporation (Parent) and the undersigned signatories set forth on the signature pages hereto under the heading Company Stockholders (collectively, the Company Stockholders). Parent and the Company Stockholders are each sometimes referred to herein individually as a Party and collectively as the Parties.

Voting and Support Agreement (June 19th, 2017)

This VOTING AGREEMENT, dated as of June 19, 2017 (this Agreement), is entered into by and among EQT Corporation, a Pennsylvania corporation (Parent) and the undersigned signatories set forth on the signature pages hereto under the heading Company Stockholders (collectively, the Company Stockholders). Parent and the Company Stockholders are each sometimes referred to herein individually as a Party and collectively as the Parties.

Voting and Support Agreement (June 19th, 2017)

This VOTING AGREEMENT, dated as of June 19, 2017 (this Agreement), is entered into by and among EQT Corporation, a Pennsylvania corporation (Parent) and the undersigned signatories set forth on the signature pages hereto under the heading Company Stockholders (collectively, the Company Stockholders). Parent and the Company Stockholders are each sometimes referred to herein individually as a Party and collectively as the Parties.

Aileron Therapeutics Inc – Confidential Materials Omitted and Filed Separately With the Securities and Exchange Commission. Double Asterisks Denote Omissions. LICENSE AGREEMENT (June 2nd, 2017)

This License Agreement (Agreement) is made this 31st day of December, 2006 (the Effective Date), by and between Materia, Inc., a Delaware corporation, with a principal place of business at 60 North San Gabriel Boulevard, Pasadena, California 91107, USA (Materia), and Renegade Therapeutics, Inc., with a principal place of business at One Broadway, 14th Floor, Cambridge, Massachusetts, 02142 (Renegade).

Fifth Amended and Restated Credit Facility Agreement (May 10th, 2017)

THIS THIRD AMENDMENT TO FIFTH AMENDED AND RESTATED CREDIT FACILITY AGREEMENT (this "Amendment") is made effective as of the 5th day of May, 2017, except as otherwise stated herein, by and between IEC ELECTRONICS CORP., a corporation formed under the laws of the State of Delaware ("Borrower") and MANUFACTURERS AND TRADERS TRUST COMPANY ("Lender").

LEASE AGREEMENT (Single Tenant Facility) (May 9th, 2017)
Reeds – Securities Purchase Agreement (April 24th, 2017)

This Securities Purchase Agreement (this "Agreement") is dated as of April 21, 2017, between Reeds, Inc., a Delaware corporation (the "Company"), and the purchaser identified on the signature page hereto (including its successors and assigns, the "Purchaser").

Newstar Financial – Contract (March 23rd, 2017)