North Carolina Sample Contracts

Enviva Partners, LP – Fourth Amendment to Credit Agreement and Second Amendment to Guarantee and Collateral Agreement (October 19th, 2018)

Amendment to Other Indebtedness; Organizational Documents; Assignment of Drax Contract; Payment of Other Indebtedness

FOURTH AMENDED AND RESTATED CREDIT AGREEMENT Dated as of October 17, 2018 Among CURTISS-WRIGHT CORPORATION and CERTAIN SUBSIDIARIES THEREOF, as Borrowers, BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer, and the Other Lenders Party Hereto MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED, JPMORGAN CHASE BANK, N.A. And WELLS FARGO SECURITIES, LLC, as Joint Lead Arrangers and Joint Bookrunners, and JPMORGAN CHASE BANK, N.A. And WELLS FARGO BANK, NATIONAL ASSOCIATION, as Syndication Agents, and CITIZENS BANK, N.A., as Documentation Agent (October 19th, 2018)

This FOURTH AMENDED AND RESTATED CREDIT AGREEMENT ("Agreement") is entered into as of October 17, 2018, by and among CURTISS-WRIGHT CORPORATION, a Delaware corporation (the "Company"), CERTAIN SUBSIDIARIES OF THE COMPANY PARTY HERETO PURSUANT TO SECTION 2.14 (each a "Designated Borrower" and, together with the Company, the "Borrowers" and, each a "Borrower"), EACH LENDER FROM TIME TO TIME PARTY HERETO (collectively, the "Lenders" and individually, a "Lender"), BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer (as each term is defined herein), JPMORGAN CHASE BANK, N.A. and WELLS FARGO BANK, NATIONAL ASSOCIATION, as syndication agents (in such capacity, the "Syndication Agents"), and CITIZENS BANK, N.A., as documentation agent (in such capacity, the "Documentation Agent").

Quanex Building Products Corp. – AMENDED AND RESTATED CREDIT AGREEMENT Dated as of October 18, 2018 by and Among QUANEX BUILDING PRODUCTS CORPORATION, as Borrower WELLS FARGO BANK, NATIONAL ASSOCIATION, as Agent, Swingline Lender and Issuing Lender THE LENDERS THAT ARE PARTIES HERETO, as the Lenders, BANK OF AMERICA, N.A., as Syndication Agent, CITIBANK, N.A. And JPMORGAN CHASE BANK, N.A., as Co-Documentation Agents WELLS FARGO SECURITIES, LLC and MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED, as Joint Lead Arrangers and Joint Bookrunners (October 18th, 2018)
Inergy – SECOND AMENDED AND RESTATED CREDIT AGREEMENT Dated as of October 16, 2018 Among CRESTWOOD MIDSTREAM PARTNERS LP, as Borrower, THE LENDERS PARTY HERETO, WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent and Collateral Agent, CITIBANK, N.A., BANK OF AMERICA, N.A. And JPMORGAN CHASE BANK, N.A., as Co- Syndication Agents, and BARCLAYS BANK PLC, MORGAN STANLEY SENIOR FUNDING, INC., RBC CAPITAL MARKETS1 and SUNTRUST BANK, as Co-Documentation Agents WELLS FARGO SECURITIES, LLC, CITIGROUP GLOBAL MARKETS INC., JPMORGAN CHASE BANK, N.A., and MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATE (October 18th, 2018)
Contract (October 18th, 2018)
Enpro Industries – ENPRO INDUSTRIES, INC. As Company and the Guarantors Party Hereto From Time to Time 5.75% Senior Notes Due 2026 INDENTURE Dated as of October 17, 2018 and U.S. Bank National Association as Trustee (October 17th, 2018)
Third Amendment to Credit Agreement (October 17th, 2018)

THIS THIRD AMENDMENT TO CREDIT AGREEMENT (this "Amendment"), dated as of August 21, 2018, is by and among CREE, INC., a North Carolina corporation (the "Borrower"), the Material Domestic Subsidiaries of the Borrower party hereto (the "Guarantors"), the Lenders (as defined below) party hereto and WELLS FARGO BANK, NATIONAL ASSOCIATION, as administrative agent on behalf of the Lenders under the Credit Agreement (as hereinafter defined) (in such capacity, the "Administrative Agent"). Capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed thereto in the Credit Agreement.

Enpro Industries – Registration Rights Agreement (October 17th, 2018)
Fifth Loan Modification Agreement (October 17th, 2018)

THIS FIFTH LOAN MODIFICATION AGREEMENT, is made as of the 15th day of October, 2018, by and between OPTICAL CABLE CORPORATION, a Virginia corporation (the "Borrower"), and PINNACLE BANK, a Tennessee banking corporation, successor in interest through name change and by merger with Bank of North Carolina (the "Lender").

Employment Agreement (October 17th, 2018)

This Employment Agreement (the "Agreement") among UNITED RENTALS, INC., UNITED RENTALS (NORTH AMERICA), INC., both Delaware corporations, each having a principal place of business at 100 First Stamford Place - Suite 700, Stamford, CT 06902 (United Rentals, Inc. and its subsidiaries and other affiliates are referred to collectively as the "Company"), and ANDREW LIMOGES ("Employee" or "you") is hereby entered into as of October 12, 2018.

CD 2018-CD7 Mortgage Trust – DEUTSCHE MORTGAGE & ASSET RECEIVING CORPORATION, Depositor, KeyBank National Association, Master Servicer and Westside NYC Multifamily Portfolio Special Servicer, RIALTO CAPITAL ADVISORS, LLC, General Special Servicer, Wells Fargo Bank, National ASSOCIATION, Trustee, Wells Fargo Bank, National Association, Certificate Administrator, Paying Agent and Custodian, and Park Bridge Lender Services LLC, Operating Advisor and Asset Representations Reviewer POOLING AND SERVICING AGREEMENT Dated as of August 1, 2018 CD 2018-Cd7 Mortgage Trust Commercial Mortgage Pass-Through Certificates, Series 2018-Cd (October 17th, 2018)

Pooling and Servicing Agreement, dated as of August 1, 2018, between Deutsche Mortgage & Asset Receiving Corporation, as Depositor, KeyBank National Association, as Master Servicer and Westside NYC Multifamily Portfolio Special Servicer, Rialto Capital Advisors, LLC, as General Special Servicer, Wells Fargo Bank, National Association, as Certificate Administrator, Paying Agent and Custodian, Wells Fargo Bank, National Association, as Trustee, and Park Bridge Lender Services LLC, as Operating Advisor and Asset Representations Reviewer.

AMENDED AND RESTATED CREDIT AGREEMENT Dated as of October 15, 2018, by and Among (October 15th, 2018)

AMENDED AND RESTATED CREDIT AGREEMENT, dated as of October 15, 2018, by and among EMERGENT BIOSOLUTIONS INC., a Delaware corporation (the Borrower), the lenders who are party to this Agreement and the lenders who may become a party to this Agreement pursuant to the terms hereof, as Lenders, and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as Administrative Agent for the Lenders.

Incremental Joinder Agreement No. 1 (October 15th, 2018)

AMENDED AND RESTATED CREDIT AGREEMENT, dated as of January 19, 2017 (this Agreement), among PENN NATIONAL GAMING, INC., a Pennsylvania corporation (Borrower); the GUARANTORS party hereto from time to time; the LENDERS from time to time party hereto; the L/C LENDERS party hereto; BANK OF AMERICA, N.A., as swingline lender (in such capacity, together with its successors in such capacity, Swingline Lender); BANK OF AMERICA, N.A., as administrative agent (in such capacity, together with its successors in such capacity, Administrative Agent); and BANK OF AMERICA, N.A., as collateral agent (in such capacity, together with its successors in such capacity, Collateral Agent).

Tree.Com – Unit Purchase Agreement (October 12th, 2018)

THIS UNIT PURCHASE AGREEMENT (this "Agreement"), dated as of October 4, 2018, is entered into by and among (i) LendingTree, LLC, a Delaware limited liability company ("Buyer"), (ii) QuoteWizard.com, LLC, a Delaware limited liability company (the "Company"), (iii) each of the members of the Company set forth on the signature page hereto (each, a "Member," and collectively, the "Members") and (iv) Scott Peyree, an individual, as the Securityholder Representative (as defined hereunder). Exhibit A hereto contains definitions of certain initially capitalized terms used in this Agreement.

Employment Agreement (October 12th, 2018)
UBS Commercial Mortgage Trust 2018-C13 – Mortgage Loan Purchase Agreement (October 11th, 2018)

This Mortgage Loan Purchase Agreement (this "Agreement"), is dated and effective as of September 21, 2018, between CIBC Inc., as seller (in such capacity, together with its successors and permitted assigns hereunder, the "Mortgage Loan Seller" or "Seller"), and UBS Commercial Mortgage Securitization Corp., as purchaser (in such capacity, together with its successors and permitted assigns hereunder, the "Purchaser").

UBS Commercial Mortgage Trust 2018-C13 – Mortgage Loan Purchase Agreement (October 11th, 2018)

This Mortgage Loan Purchase Agreement (this "Agreement"), is dated and effective as of September 21, 2018, between Cantor Commercial Real Estate Lending, L.P., as seller (in such capacity, together with its successors and permitted assigns hereunder, the "Mortgage Loan Seller" or "Seller"), and UBS Commercial Mortgage Securitization Corp., as purchaser (in such capacity, together with its successors and permitted assigns hereunder, the "Purchaser").

UBS Commercial Mortgage Trust 2018-C13 – Mortgage Loan Purchase Agreement (October 11th, 2018)

This Mortgage Loan Purchase Agreement (this "Agreement"), is dated and effective as of September 21, 2018, between Natixis Real Estate Capital LLC, as seller (in such capacity, together with its successors and permitted assigns hereunder, the "Mortgage Loan Seller" or "Seller"), and UBS Commercial Mortgage Securitization Corp., as purchaser (in such capacity, together with its successors and permitted assigns hereunder, the "Purchaser").

UBS Commercial Mortgage Trust 2018-C13 – Mortgage Loan Purchase Agreement (October 11th, 2018)

This Mortgage Loan Purchase Agreement (this "Agreement"), is dated and effective as of September 21, 2018, between Rialto Mortgage Finance, LLC, as seller (in such capacity, together with its successors and permitted assigns hereunder, the "Mortgage Loan Seller" or "Seller"), and UBS Commercial Mortgage Securitization Corp., as purchaser (in such capacity, together with its successors and permitted assigns hereunder, the "Purchaser").

UBS Commercial Mortgage Trust 2018-C13 – Contract (October 11th, 2018)
UBS Commercial Mortgage Trust 2018-C13 – CO-LENDER AGREEMENT Dated as of August 9, 2018 by and Among BARCLAYS BANK PLC (Initial Note 1 Holder) SOCIETE GENERALE (Initial Note 2 Holder) DEUTSCHE BANK AG, NEW YORK BRANCH (Initial Note 3 Holder) Christiana Mall (October 11th, 2018)

THIS CO-LENDER AGREEMENT (this "Agreement"), dated as of August 9, 2018, by and among BARCLAYS BANK PLC ("Barclays", in its capacity as initial owner of Note A-1-A, Note A-1-B, Note A-1-C, Note A-1-D, Note A-1-E and Note B-1 the "Initial Note 1 Holder", and in its capacity as the initial agent, the "Initial Agent"), SOCIETE GENERALE ("SG", in its capacity as initial owner of Note A-2-A, Note A-2-B, Note A-2-C, Note A-2-D, Note A-2-E and Note B-2, the "Initial Note 2 Holder") and DEUTSCHE BANK AG, NEW YORK BRANCH ("DBNY", in its capacity as initial owner of Note A-3-A, Note A-3-B, Note A-3-C and Note B-3, the "Initial Note 3 Holder" and, together with the Initial Note 1 Holder and the Initial Note 2 Holder, the "Initial Note Holders").

UBS Commercial Mortgage Trust 2018-C13 – Contract (October 11th, 2018)
UBS Commercial Mortgage Trust 2018-C13 – Contract (October 11th, 2018)
Tree.Com – Unit Purchase Agreement (October 10th, 2018)

THIS UNIT PURCHASE AGREEMENT (this "Agreement"), dated as of October 4, 2018, is entered into by and among (i) LendingTree, LLC, a Delaware limited liability company ("Buyer"), (ii) QuoteWizard.com, LLC, a Delaware limited liability company (the "Company"), (iii) each of the members of the Company set forth on the signature page hereto (each, a "Member," and collectively, the "Members") and (iv) Scott Peyree, an individual, as the Securityholder Representative (as defined hereunder). Exhibit A hereto contains definitions of certain initially capitalized terms used in this Agreement.

Vzot 2018-A – ORIGINATOR RECEIVABLES TRANSFER AGREEMENT Between THE VARIOUS ORIGINATORS FROM TIME TO TIME PARTY HERETO, as Originators and VERIZON ABS LLC, as Depositor Dated as of October 10, 2018 (October 10th, 2018)

ORIGINATOR RECEIVABLES TRANSFER AGREEMENT, dated as of October 10, 2018 (this "Agreement"), between THE VARIOUS ORIGINATORS FROM TIME TO TIME PARTY HERETO (each, an "Originator"), and VERIZON ABS LLC, a Delaware limited liability company, as depositor (the "Depositor").

Vzot 2018-A – 2002 Master Agreement (October 10th, 2018)

have entered and/or anticipate entering into one or more transactions (each a "Transaction") that are or will be governed by this 2002 Master Agreement, which includes the schedule (the "Schedule"), and the documents and other confirming evidence (each a "Confirmation") exchanged between the parties or otherwise effective for the purpose of confirming or evidencing those Transactions. This 2002 Master Agreement and the Schedule are together referred to as this "Master Agreement".

Benchmark 2018-B6 Mortgage Trust – CO-LENDER AGREEMENT Dated as of June 7, 2018 by and Among JPMORGAN CHASE BANK, NATIONAL ASSOCIATION DEUTSCHE BANK, AG, NEW YORK BRANCH WELLS FARGO BANK, NATIONAL ASSOCIATION and MORGAN STANLEY BANK, N.A. Aventura Mall (October 9th, 2018)

THIS CO-LENDER AGREEMENT (this "Agreement"), dated as of June 7, 2018, by and among JPMORGAN CHASE BANK, NATIONAL ASSOCIATION ("JPM" and together with its successors and assigns in interest, in its capacity as initial owner of Note A-1-A, Note A-2-A-1, Note A-2-A-2, Note A-2-A-3, Note A-2-A-4, Note A-2-A-5 and Note B-1, the "Initial Note 1 Holder", and in its capacity as the initial agent, the "Initial Agent"); DEUTSCHE BANK, AG, NEW YORK BRANCH ("DBNY" and together with its successors and assigns in interest, in its capacity as initial owner of Note A-1-B, Note A-2-B-1, Note A-2-B-2, Note A-2-B-3, Note A-2-B-4, Note A-2-B-5 and Note B-2, the "Initial Note 2 Holder"); WELLS FARGO BANK, NATIONAL ASSOCIATION ("WFB" and together with its successors and assigns in interest, in its capacity as initial owner of Note A-1-D, Note A-2-D-1, Note A-2-D-2, Note A-2-D-3, Note A-2-D-4, Note A-2-D-5 and Note B-4, the "Initial Note 3 Holder") and MORGAN STANLEY BANK, N.A. ("MSBNA" and together with it

Benchmark 2018-B6 Mortgage Trust – CO-LENDER AGREEMENT Dated as of July 12, 2018 by and Among JPMORGAN CHASE BANK, NATIONAL ASSOCIATION (Initial Note A-1 and Note A-2 Holder) JPMORGAN CHASE BANK, NATIONAL ASSOCIATION (Initial Note A-3 and Note A-4 Holder) JPMORGAN CHASE BANK, NATIONAL ASSOCIATION (Initial Note A-5, Note A-6, Note A-7, Note A-8, Note A-9 and Note A-10 Holder) and JPMORGAN CHASE BANK, NATIONAL ASSOCIATION (Initial Note B-1 and Note B-2 Holder) 2018 Workspace Property Trust (October 9th, 2018)

THIS CO-LENDER AGREEMENT (this "Agreement"), dated as of July 12, 2018, by and among JPMORGAN CHASE BANK, NATIONAL ASSOCIATION ("JPM" and together with its successors and assigns in interest, in its capacities as initial owner of Note A-1, Note A-2, Note A-3, Note A-4, Note A-5, Note A-6, Note A-7, Note A-8, Note A-9, Note A-10, Note B-1 and Note B-2 (in its capacities as initial Holder of each such Note, collectively, the "Initial Note Holders", and in its capacity as the initial agent, the "Initial Agent").

Benchmark 2018-B6 Mortgage Trust – CO-LENDER AGREEMENT Dated as of July 13, 2018 by and Between JPMORGAN CHASE BANK, NATIONAL ASSOCIATION (Initial Note A-1 Holder) and JPMORGAN CHASE BANK, NATIONAL ASSOCIATION (Initial Note A-2 Holder) JAGR Hotel Portfolio (October 9th, 2018)

THIS CO-LENDER AGREEMENT (this "Agreement"), dated as of July 13, 2018 by and between JPMORGAN CHASE BANK, NATIONAL ASSOCIATION ("JPM" and together with its successors and assigns in interest, in its capacity as initial owner of the Note A-1, the "Initial Note A-1 Holder", and in its capacity as the initial agent, the "Initial Agent") and JPMORGAN CHASE BANK, NATIONAL ASSOCIATION (together with its successors and assigns in interest, in its capacity as initial owner of the Note A-2, the "Initial Note A-2 Holder") and, together with the Initial Note A-1 Holder, the "Initial Note Holders").

Benchmark 2018-B6 Mortgage Trust – Contract (October 9th, 2018)
Consent and Third Amendment to Fifth Amended and Restated Credit Agreement (October 9th, 2018)

THIS CONSENT AND THIRD AMENDMENT TO FIFTH AMENDED AND RESTATED CREDIT AGREEMENT (this "Amendment") is made and entered into on October 8, 2018, by and among DELTA APPAREL, INC., a Georgia corporation ("Delta"), M. J. SOFFE, LLC, a North Carolina limited liability company ("Soffe"), CULVER CITY CLOTHING COMPANY, a Georgia corporation ("Culver City"), SALT LIFE, LLC, a Georgia limited liability company ("Salt Life"), DTG2GO, LLC, a Georgia limited liability company formerly known as Art Gun, LLC ("DTG2GO"; Delta, Soffe, Culver City, Salt Life, and DTG2GO, each individually, a "Borrower" and, collectively, "Borrowers"); the parties to the Credit Agreement (as defined below) from time to time as Lenders (each individually, a "Lender" and collectively, "Lenders"); and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association ("Wells Fargo"), in its capacity as agent for Lenders (together with its successors in such capacity, "Agent").

Benchmark 2018-B6 Mortgage Trust – CITIGROUP COMMERCIAL MORTGAGE SECURITIES INC., PURCHASER, and Citi REAL ESTATE FUNDING INC., SELLER MORTGAGE LOAN PURCHASE AGREEMENT Dated as of October 1, 2018 Benchmark 2018-B6 Mortgage Trust Commercial Mortgage Pass-Through Certificates, Series 2018-B6 (October 9th, 2018)

This Mortgage Loan Purchase Agreement ("Agreement"), dated as of October 1, 2018, is between Citigroup Commercial Mortgage Securities Inc., a Delaware corporation, as purchaser (the "Purchaser"), and Citi Real Estate Funding Inc., a New York corporation, as seller (the "Seller").

Benchmark 2018-B6 Mortgage Trust – Contract (October 9th, 2018)
Benchmark 2018-B6 Mortgage Trust – CITIGROUP COMMERCIAL MORTGAGE SECURITIES INC., PURCHASER, and German American Capital Corporation, SELLER MORTGAGE LOAN PURCHASE AGREEMENT Dated as of October 1, 2018 Benchmark 2018-B6 Mortgage Trust Commercial Mortgage Pass- Through Certificates, Series 2018-B6 (October 9th, 2018)

This Mortgage Loan Purchase Agreement ("Agreement"), dated as of October 1, 2018, is between Citigroup Commercial Mortgage Securities Inc., a Delaware corporation, as purchaser (the "Purchaser"), and German American Capital Corporation, a Maryland corporation, as seller (the "Seller").

Benchmark 2018-B6 Mortgage Trust – AMENDED AND RESTATED CO-LENDER AGREEMENT Dated as of September 17, 2018 Between DEUTSCHE BANK AG, NEW YORK BRANCH (Note A-1 Holder) and DEUTSCHE BANK AG, NEW YORK BRANCH (Note A-2 Holder) and DEUTSCHE BANK AG, NEW YORK BRANCH (Note A-3-1 Holder) and DEUTSCHE BANK AG, NEW YORK BRANCH (Note A-3-2 Holder) and BARCLAYS BANK PLC (Note A-4 Holder) and WILMINGTON TRUST, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF WELLS FARGO COMMERCIAL MORTGAGE TRUST 2018-C46, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES (Note A-5 Holder) (October 9th, 2018)

THIS CO-LENDER AGREEMENT (the "Agreement"), dated as of September 17, 2018, is between DEUTSCHE BANK AG, NEW YORK BRANCH ("DBNY"), a branch of Deutsche Bank AG, a German Bank, having an address at 60 Wall Street, 10th Floor, New York, New York 10005, as the holder of Note A-1, Note A-2, Note A-3-1 and Note A-3-2, BARCLAYS BANK PLC, a public company registered in England and Wales, having an address at 745 Seventh Avenue, New York, New York 10019 ("Barclays"), as the holder of Note A-4, and WILMINGTON TRUST, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF WELLS FARGO COMMERCIAL MORTGAGE TRUST 2018-C46, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2018-C46, as the holder of Note A-5 (together with any subsequent holder of Note A-5, the "Note A-5 Holder," and together with DBNY and Barclays, the "Lender").