North Carolina Sample Contracts

The Pepsico International Retirement Plan Defined Contribution Program (Pirp- Dc) (February 15th, 2019)

PepsiCo, Inc. (the "Corporation") first established the PepsiCo International Retirement Plan effective as of September 1, 1980. The Plan at that time was comprised of the "PepsiCo International Retirement Plan Trust Indenture" and the "Plan Rules." The Plan was amended and restated in its entirety, effective September 2, 1982.

Live Oak Bancshares, Inc. – Live Oak Bancshares, Inc. 2015 Omnibus Stock Incentive Plan Performance Restricted Stock Unit Award Agreement (February 15th, 2019)

THIS PERFORMANCE RESTRICTED STOCK UNIT AWARD AGREEMENT is made and entered into effective as of August 10, 2018 (the "Date of Grant"), by and between LIVE OAK BANCSHARES, INC., a North Carolina corporation (the "Company"), and [NAME] (the "Grantee"). This Agreement sets forth the terms and conditions associated with the Company's award to Grantee of restricted stock units payable as described below in shares of Common Stock pursuant to the Company's 2015 Omnibus Stock Incentive Plan (as amended from time to time, the "Plan"). Capitalized terms not explicitly defined in this Agreement but defined in the Plan will have the meanings ascribed to them under the Plan.

Pepsico, Inc. Executive Incentive Compensation Plan (February 15th, 2019)

The principal purposes of this PepsiCo, Inc. Executive Incentive Compensation Plan are to assist the Company in attracting, motivating and retaining participating eligible executives who have significant responsibility for the growth and long-term success of the Company by providing incentive awards that ensure a strong pay-for-performance linkage for such executives.

The Pepsico International Retirement Plan Defined Benefit Program (Pirp-Db) (February 15th, 2019)

The Plan came into operation on and took effect from September 1, 1980, and was comprised of the "PepsiCo International Retirement Plan Trust Indenture" and the "Plan Rules", and was later amended and restated in its entirety, effective September 2, 1982.

Pepsico Automatic Retirement Contribution Equalization Plan (February 15th, 2019)

PepsiCo, Inc. (the "Company") established the PepsiCo Automatic Retirement Contribution Equalization Plan (the "Plan") for the benefit of employees of the PepsiCo Organization who receive Automatic Retirement Contributions under the PepsiCo Savings Plan (the "Savings Plan"), and whose Automatic Retirement Contributions are affected by certain Code limitations. In particular, the Plan is designed to benefit eligible employees whose Automatic Retirement Contributions under the Savings Plan are curtailed by the limitation on compensation under Code section 401(a)(17) or the limitation on annual additions under Code section 415, or who have any other reductions in Automatic Retirement Contributions as a result of the employee's deferrals under the PepsiCo Executive Income Deferral Program (the "EID Program).

Pepsico Pension Equalization Plan (Pep) (February 15th, 2019)

The PepsiCo Pension Equalization Plan ("PEP" or "Plan") has been established by PepsiCo for the benefit of salaried employees of the PepsiCo Organization who participate in the PepsiCo Salaried Employees Retirement Plan ("Salaried Plan"). PEP provides benefits for eligible employees whose pension benefits under the Salaried Plan are limited by the provisions of the Internal Revenue Code of 1986, as amended. In addition, PEP provides benefits for certain eligible employees based on the pre-1989 Salaried Plan formula (see, for example, Part B thereof).

Amended and Restated Employment Agreement (February 13th, 2019)
Stanley Furniture Company, Inc. – Contract (February 13th, 2019)

THIS SECOND AMENDED AND RESTATED SUBORDINATED SECURED PROMISSORY NOTE (THIS "NOTE") HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR THE SECURITIES LAWS OF ANY STATE AND MAY NOT BE SOLD, TRANSFERRED, OR OTHERWISE DISPOSED OF EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER SUCH ACT AND APPLICABLE STATE SECURITIES LAWS OR PURSUANT TO AN APPLICABLE EXEMPTION FROM THE REGISTRATION REQUIREMENTS OF SUCH ACT AND SUCH LAWS.

Contract (February 13th, 2019)
September 22, 2015 (February 12th, 2019)

I am pleased to present you with an offer of employment to join Ingersoll Rand as Senior Vice President and General Counsel reporting to me. This position will be located in Davidson, North Carolina. Your date of employment will be November 2, 2015. In addition, it is my recommendation that you will become an Officer of Ingersoll-Rand plc (the "Company"), which will be considered by the Board of Directors on December 3, 2015. I look forward to your acceptance of this offer and becoming a part of our Executive Leadership Team ("ELT").

September 1, 2017 [Address Redacted] Dear Dave: (February 12th, 2019)

I am pleased to offer you the position of Executive Vice President ("EVP") reporting to me with overall accountability for the financial and operating performance of all Strategic Business Units. This position will be located in Davidson, North Carolina and becomes effective on September 5, 2017 (the "Effective Date"). In this role, you will remain a member of the Ingersoll Rand Executive Leadership ("ELT") team and I am pleased to inform you that the Board of Directors appointed you as an Executive Officer of Ingersoll-Rand plc (the "Company"). As an Executive Officer, we will be required to report changes in your compensation to the Security and Exchange Commission ("SEC"). I look forward to your acceptance of this offer and the contributions you will make in this new role.

Bison Capital Acquisition Corp – Employment Agreement (February 12th, 2019)

This EMPLOYMENT AGREEMENT (the "Agreement") dated as of Jan 16th, 2019 (the "Effective Date") is made by and between Xynomic Pharmaceuticals, Inc. (the "Company") and Sophia Paspal (the "Employee").

ADDvantage Technologies Group, Inc. – Contract (February 12th, 2019)
THIRD AMENDED AND RESTATED MASTER REPURCHASE AGREEMENT Dated as of October 12, 2018 Among PARLEX 2 FINANCE, LLC, PARLEX 2A FINCO, LLC, PARLEX 2 UK FINCO, LLC, PARLEX 2 EUR FINCO, LLC, PARLEX 2 AU FINCO, LLC, and Any Other Person When Such Person Joins as a Seller Under This Agreement From Time to Time Individually and/or Collectively, as the Context Requires, as Seller, and CITIBANK, N.A., as Buyer (February 12th, 2019)
Dova Pharmaceuticals, Inc. – Dova Pharmaceuticals, Inc. Officer Change in Control Severance Benefit Plan (February 8th, 2019)
Golub Capital BDC 3, Inc. – REVOLVING CREDIT AND SECURITY AGREEMENT GOLUB CAPITAL BDC 3, INC., as Borrower and SIGNATURE BANK, as Administrative Agent and a Lender February 4, 2019 (February 8th, 2019)

THIS REVOLVING CREDIT AND SECURITY AGREEMENT (this "Credit Agreement"), dated February 4, 2019, by and among (a) GOLUB CAPITAL BDC 3, INC., a Maryland corporation, as initial borrower (the "Initial Borrower"), (b) SIGNATURE BANK, a New York corporation ("Signature Bank"), as Administrative Agent and a Lender, (c) each of the other lending institutions that from time to time becomes a lender hereunder (collectively referred to as "Lenders"; and each individually, a "Lender"), and (d) each of the other Borrowers that from time to time becomes party hereto.

Bank 2018-Bnk11 – Contract (February 8th, 2019)
Hometrust Bancshares Inc. – Contract (February 8th, 2019)
Morgan Stanley Capital I Trust 2018-H4 – Contract (February 8th, 2019)
Morgan Stanley Capital I Trust 2018-H4 – Contract (February 8th, 2019)
Morgan Stanley Capital I Trust 2018-H4 – Contract (February 8th, 2019)
UBS Commercial Mortgage Trust 2018-C10 – WELLS FARGO BANK, NATIONAL ASSOCIATION, Master Servicer and KEYBANK NATIONAL ASSOCIATION, Primary Servicer PRIMARY SERVICING AGREEMENT Dated as of July 1, 2018 Morgan Stanley Capital I Trust 2018-H3, Commercial Mortgage Pass-Through Certificates Series 2018-H3 (February 7th, 2019)

This is a Primary Servicing Agreement (the "Agreement"), dated as of July 1, 2018, by and between KEYBANK NATIONAL ASSOCIATION, having an office at 11501 Outlook Street, Suite 300, Overland Park, Kansas 66211, and its successors and assigns (the "Primary Servicer"), and WELLS FARGO BANK, NATIONAL ASSOCIATION, having an office at c/o Commercial Mortgage Servicing, MAC D1050-084, Three Wells Fargo, 401 South Tryon Street, 8th Floor, Charlotte, North Carolina 28202, and its successors and assigns (the "Master Servicer").

A-4 (February 7th, 2019)
Applied Optoelectronics, Inc. – Second Amendment to Loan Agreement (February 7th, 2019)

THIS SECOND AMENDMENT TO LOAN AGREEMENT (this "Amendment") is made and entered into this first day of February, 2019, by and between Applied Optoelectronics, Inc., a Delaware corporation (hereinafter referred to as "Borrower") with its chief executive office and principal place of business at 13139 Jess Pirtle Blvd., Sugar Land, Texas 77478, and Branch Banking and Trust Company, a North Carolina corporation (hereinafter referred to as "Bank") with an office at 333 Clay Street, Suite 3800, Houston, Texas 77002.

UBS Commercial Mortgage Trust 2018-C11 – WELLS FARGO BANK, NATIONAL ASSOCIATION, Master Servicer and KEYBANK NATIONAL ASSOCIATION, Primary Servicer PRIMARY SERVICING AGREEMENT Dated as of July 1, 2018 Morgan Stanley Capital I Trust 2018-H3, Commercial Mortgage Pass-Through Certificates Series 2018-H3 (February 7th, 2019)

This is a Primary Servicing Agreement (the "Agreement"), dated as of July 1, 2018, by and between KEYBANK NATIONAL ASSOCIATION, having an office at 11501 Outlook Street, Suite 300, Overland Park, Kansas 66211, and its successors and assigns (the "Primary Servicer"), and WELLS FARGO BANK, NATIONAL ASSOCIATION, having an office at c/o Commercial Mortgage Servicing, MAC D1050-084, Three Wells Fargo, 401 South Tryon Street, 8th Floor, Charlotte, North Carolina 28202, and its successors and assigns (the "Master Servicer").

Unifi, Inc. – Stock Option Agreement (February 6th, 2019)

This Stock Option Agreement (this "Agreement") is made by and between UNIFI, INC., a New York corporation (the "Company"), and [_________], an Independent Director of the Company (the "Optionee").

CNH Equipment Trust 2019-A – ASSET REPRESENTATIONS REVIEW AGREEMENT CNH EQUIPMENT TRUST 2019-A, as Issuing Entity and NEW HOLLAND CREDIT COMPANY, LLC, as Servicer and CLAYTON FIXED INCOME SERVICES LLC, as Asset Representations Reviewer (February 6th, 2019)

This ASSET REPRESENTATIONS REVIEW AGREEMENT (this Agreement), entered into as of the 1st day of January 2019, by and among CNH EQUIPMENT TRUST 2019-A, a Delaware statutory trust (the Issuing Entity), NEW HOLLAND CREDIT COMPANY, LLC, a Delaware limited liability company (the Servicer) and CLAYTON FIXED INCOME SERVICES LLC, a Delaware limited liability company (the Asset Representations Reviewer).

Unifi, Inc. – Restricted Stock Unit Agreement (February 6th, 2019)

This Restricted Stock Unit Agreement (this "Agreement") is made by and between Unifi, Inc., a New York corporation (the "Company"), and ______________, a key employee (the "Grantee") of the Company.

TENET HEALTHCARE CORPORATION 6.250% Senior Secured Second Lien Notes Due 2027 Unconditionally Guaranteed as to the Payment of Principal, Premium, if Any, and Interest by the Guarantors Named on Schedule I Hereto Exchange and Registration Rights Agreement (February 6th, 2019)
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.

AB Private Credit Investors Corp – January 30, 2019 ABPCIC FUNDING I LLC, as the Debtor U.S. BANK NATIONAL ASSOCIATION, in Its Capacity as the Collateral Agent, as the Secured Party and U.S. BANK NATIONAL ASSOCIATION, as the Custodian and Securities Intermediary ACCOUNT CONTROL AGREEMENT (February 5th, 2019)

ACCOUNT CONTROL AGREEMENT (this Agreement), dated as of January 30, 2019, among ABPCIC FUNDING I LLC (the Debtor), U.S. BANK NATIONAL ASSOCIATION (U.S. Bank), as collateral agent (in such capacity, the Collateral Agent) on behalf of the Secured Parties to the Credit Agreement defined below (in such capacity, the Secured Party) and U.S. Bank, as custodian and securities intermediary (in such capacity, the Securities Intermediary).

Bd Deferred Compensation and Retirement Benefit Restoration Plan (February 5th, 2019)

Effective as of August 1, 1994 (the "Effective Date"), Becton, Dickinson and Company (the "Company") adopted the Becton, Dickinson and Company Salary and Bonus Deferral Plan (the "Plan") for the benefit of certain of its employees. The Plan is intended to be an unfunded plan of deferred compensation primarily for the benefit of a select group of management and highly compensated employees. To the extent that the Plan permits the voluntary deferral of bonuses, the Plan is intended to amend and replace the Bonus Deferral Option of the Becton, Dickinson and Company Executive Bonus Plan.

Coca-Cola Bottling Co. Consolidated – Contract (February 5th, 2019)
Stonemor Partners L.P. – Eighth Amendment and Waiver to Credit Agreement (February 4th, 2019)
Stonemor Partners L.P. – Contract (February 4th, 2019)