North Dakota Sample Contracts

Oaktree Real Estate Income Trust, Inc. – Appendix C: Form of Subscription Agreement (July 6th, 2018)
Energy Resources 12, L.P. – Purchase and Sale Agreement (July 6th, 2018)
Northern Oil & Gas Inc – Amended and Restated Employment Agreement (July 6th, 2018)

This AMENDED AND RESTATED EMPLOYMENT AGREEMENT (this "Agreement"), is entered into as of July 5, 2018, by and between Northern Oil and Gas, Inc., a Delaware corporation (the "Company") and Brandon Elliott, an individual currently residing in Minnesota (the "Executive").

Northern Oil & Gas Inc – Amended and Restated Employment Agreement (July 6th, 2018)

This AMENDED AND RESTATED EMPLOYMENT AGREEMENT (this "Agreement"), is entered into as of July 5, 2018, by and between Northern Oil and Gas, Inc., a Minnesota corporation (the "Company") and Michael L. Reger, an individual currently residing in Minnesota (the "Executive").

CONFIDENTIAL TREATMENT REQUESTED: Certain Portions of This Document Have Been Omitted Pursuant to a Request for Confidential Treatment And, Where Applicable, Have Been Marked With an Asterisk ("[*****]") to Denote Where Omissions Have Been Made. The Confidential Material Has Been Filed Separately With the Securities and Exchange Commission. RAILCAR PURCHASE AND SALE AGREEMENT This Railcar Purchase and Sale Agreement (The "Agreement") Is Entered Into as of June 28, 2018, by and Between ACF Industries, LLC, a Limited Liability Company Organized Under the Laws of Delaware (The "Seller") and ARI L (July 5th, 2018)
Settlement Agreement and General Release (July 2nd, 2018)

This Settlement Agreement and General Release ("Agreement") is made and entered into this 29th day of June 2018 by and Coretec Industries LLC, its holding company The Coretec Group, Inc. (collectively, "Coretec") and NDSU Research Foundation, ("NDSURF").

H&r Block, Inc. 2018 Long Term Incentive Plan Performance Share Units Award Agreement (June 28th, 2018)

This Award Agreement is entered into by and between H&R Block, Inc., a Missouri corporation ("H&R Block"), and [Participant Name] ("Participant").

H&r Block, Inc. 2018 Long Term Incentive Plan Restricted Share Units Award Agreement (June 28th, 2018)

This Award Agreement is entered into by and between H&R Block, Inc., a Missouri corporation ("H&R Block"), and [Participant Name] ("Participant").

Linn Energy – Second Amendment to Credit Agreement (June 28th, 2018)

THIS CREDIT AGREEMENT dated as of August 4, 2017, is among Linn Energy Holdco II LLC, a limited liability company duly formed and existing under the laws of the State of Delaware (the Borrower); Linn Energy Holdco LLC, a limited liability company duly formed and existing under the laws of the State of Delaware (Parent); Holdings (as defined below); MidCo (as defined below); each of the Lenders from time to time party hereto; Royal Bank of Canada (in its individual capacity, RBC), as administrative agent for the Lenders (in such capacity, together with its successors in such capacity, the Administrative Agent); Citibank, N.A., as syndication agent for the Lenders (the Syndication Agent) and Barclays Bank PLC, JPMorgan Chase Bank, N.A., Morgan Stanley Senior Funding, Inc. and PNC Bank National Association, as co-documentation agents for the Lenders (collectively, the Documentation Agents).

H&r Block, Inc. 2018 Long Term Incentive Plan Restricted Share Units Award Agreement (June 28th, 2018)

This Award Agreement is entered into by and between H&R Block, Inc., a Missouri corporation ("H&R Block"), and [Participant Name] ("Participant").

H&r Block, Inc. 2018 Long Term Incentive Plan Performance Share Units Award Agreement (June 28th, 2018)

This Award Agreement is entered into by and between H&R Block, Inc., a Missouri corporation ("H&R Block"), and [Participant Name] ("Participant").

H&r Block, Inc. 2018 Long Term Incentive Plan Non-Qualified Stock Option Award Agreement (June 28th, 2018)

This Award Agreement is entered into by and between H&R Block, Inc., a Missouri corporation ("H&R Block"), and [Participant Name] ("Participant").

H&r Block, Inc. 2018 Long Term Incentive Plan Market Stock Units Award Agreement (June 28th, 2018)

This Award Agreement is entered into by and between H&R Block, Inc., a Missouri corporation ("H&R Block"), and [Participant Name] ("Participant").

H&r Block, Inc. 2018 Long Term Incentive Plan Market Stock Units Award Agreement (June 28th, 2018)

This Award Agreement is entered into by and between H&R Block, Inc., a Missouri corporation ("H&R Block"), and [Participant Name] ("Participant").

Riviera Resources, LLC – Second Amendment to Credit Agreement (June 27th, 2018)

THIS CREDIT AGREEMENT dated as of August 4, 2017, is among Linn Energy Holdco II LLC, a limited liability company duly formed and existing under the laws of the State of Delaware (the Borrower); Linn Energy Holdco LLC, a limited liability company duly formed and existing under the laws of the State of Delaware (Parent); Holdings (as defined below); MidCo (as defined below); each of the Lenders from time to time party hereto; Royal Bank of Canada (in its individual capacity, RBC), as administrative agent for the Lenders (in such capacity, together with its successors in such capacity, the Administrative Agent); Citibank, N.A., as syndication agent for the Lenders (the Syndication Agent) and Barclays Bank PLC, JPMorgan Chase Bank, N.A., Morgan Stanley Senior Funding, Inc. and PNC Bank National Association, as co-documentation agents for the Lenders (collectively, the Documentation Agents).

Riviera Resources, LLC – First Amendment and Consent Dated as of May 31, 2017 to Credit Agreement and Security Agreement Dated as of February 28, 2017 Among Linn Energy Holdco Ii Llc, as Borrower, Linn Energy Holdco Llc, as Parent, Linn Energy, Inc., as Holdings and Each of the Subsidiary Guarantors Party Hereto From Time to Time, Wells Fargo Bank, National Association, as Administrative Agent, and the Lenders Party Hereto From Time to Time (June 27th, 2018)

THIS FIRST AMENDMENT AND CONSENT TO CREDIT AGREEMENT (this First Amendment), dated as of May 31, 2017, among Linn Energy Holdco II, LLC, a limited liability company duly formed and existing under the laws of the State of Delaware (the Borrower); Linn Energy Holdco LLC, a limited liability company duly formed and existing under the laws of the State of Delaware (Parent); Linn Energy, Inc., a corporation duly formed and existing under the laws of the State of Delaware (Holdings, and collectively and severally with Parent, each a Parent Guarantor); each of the Subsidiaries set forth on the Schedule of Guarantors attached as Annex I to the Credit Agreement, as defined below, or otherwise from time to time party hereto (each a Subsidiary Guarantor, and collectively, the Subsidiary Guarantors); each of the Lenders from time to time party hereto; and Wells Fargo Bank, National Association (in its individual capacity, Wells Fargo), as administrative agent for the Lenders (in such capacity, tog

Riviera Resources, LLC – Purchase and Sale Agreement Dated October 20, 2017, by and Among Linn Energy Holdings, Llc and Linn Operating, Llc as Seller, and Valorem Energy Operating, Llc as Buyer (June 27th, 2018)

This PURCHASE AND SALE AGREEMENT (this Agreement) is made as of October 20, 2017 (the Execution Date), by and among Linn Energy Holdings, LLC, a Delaware limited liability company (LEH), Linn Operating, LLC, a Delaware limited liability company (LOI, and together with LEH, Seller), and Valorem Energy Operating, LLC, a Delaware limited liability company (Buyer). Seller and Buyer are sometimes hereinafter referred to individually as a Party and collectively as the Parties.

Riviera Resources, LLC – Credit Agreement Dated as of August 4, 2017, Among Linn Energy Holdco Ii Llc, as Borrower, Linn Energy Holdco Llc, as Parent, Linn Energy, Inc., as Holdings Royal Bank of Canada, as Administrative Agent, Citibank, N.A., as Syndication Agent, Barclays Bank Plc Jpmorgan Chase Bank, N.A. Morgan Stanley Senior Funding, Inc., and Pnc Bank National Association, as Co-Documentation Agents and the Lenders Party Hereto From Time to Time Joint Lead Arrangers and Joint Book Runners Rbc Capital Markets Citigroup Global Markets, Inc. (June 27th, 2018)

THIS CREDIT AGREEMENT dated as of August 4, 2017, is among Linn Energy Holdco II LLC, a limited liability company duly formed and existing under the laws of the State of Delaware (the Borrower); Linn Energy Holdco LLC, a limited liability company duly formed and existing under the laws of the State of Delaware (Parent); Linn Energy, Inc., a corporation duly formed and existing under the laws of the State of Delaware (Holdings); each of the Lenders from time to time party hereto; Royal Bank of Canada (in its individual capacity, RBC), as administrative agent for the Lenders (in such capacity, together with its successors in such capacity, the Administrative Agent); Citibank, N.A., as syndication agent for the Lenders (the Syndication Agent) and Barclays Bank PLC, JPMorgan Chase Bank, N.A., Morgan Stanley Senior Funding, Inc. and PNC Bank National Association, as co-documentation agents for the Lenders (collectively, the Documentation Agents).

Riviera Resources, LLC – Credit Agreement Dated as of February 28, 2017, Among Linn Energy Holdco Ii Llc, as Borrower, Linn Energy Holdco Llc, as Parent, Linn Energy, Inc., as Holdings and Each of the Subsidiary Guarantors Party Hereto From Time to Time, as Set Forth on the Schedule of Subsidiary Guarantors Attached Hereto as Annex I or Subsequently Executing a Joinder Agreement, Wells Fargo Bank, National Association, as Administrative Agent, and the Lenders Party Hereto From Time to Time Sole Book Runner and Sole Lead Arranger Wells Fargo Securities, Llc (June 27th, 2018)

THIS CREDIT AGREEMENT dated as of February 28, 2017, is among Linn Energy Holdco II LLC, a limited liability company duly formed and existing under the laws of the State of Delaware (the Borrower); Linn Energy Holdco LLC, a limited liability company duly formed and existing under the laws of the State of Delaware (Parent); Linn Energy, Inc., a corporation duly formed and existing under the laws of the State of Delaware (Holdings and collectively and severally with Parent, each a Parent Guarantor); each of the Subsidiaries set forth on the Schedule of Guarantors included herein as Annex I or otherwise from time to time party hereto (each a Subsidiary Guarantor and collectively, the Subsidiary Guarantors); each of the Lenders from time to time party hereto; and Wells Fargo Bank, National Association (in its individual capacity, Wells Fargo), as administrative agent for the Lenders (in such capacity, together with its successors in such capacity, the Administrative Agent).

Sterling Real Estate Trust – Seventh Amended and Restated Advisory Agreement (June 26th, 2018)

This Amendment No. 1 to the Seventh Amended and Restated Advisory Agreement is dated June 21, 2018, between Sterling Real Estate Trust d/b/a Sterling Multifamily Trust, an unincorporated North Dakota business Trust (the "Company") Sterling Properties, LLLP, d/b/a Sterling Multifamily Properties, LLLP, a North Dakota limited liability limited partnership ("Operating Partnership") and Sterling Management, LLC, a North Dakota limited liability company (the "Advisor").

heckmann – Employment Agreement (June 21st, 2018)

This EMPLOYMENT AGREEMENT (the Agreement or Employment Agreement) dated June 18, 2018 (the Effective Date) between Robert Fox (Employee) and Nuverra Environmental Solutions, Inc. (the Company) (each of the Employee and the Company, a Party, and collectively, the Parties) provides:

Samson Oil & Gas Limited – PURCHASE AND SALE AGREEMENT BETWEEN SAMSON OIL AND GAS USA, INC. AS SELLER AND EAGLE ENERGY PARTNERS, I, LLC AS PURCHASER Executed on June 14, 2018 (June 20th, 2018)

This Purchase and Sale Agreement (this "Agreement"), is executed on June 12, 2018, by and between Samson Oil and Gas USA, Inc., a Colorado corporation ("Seller"), and Eagle Energy Partners I, LLC, a North Dakota limited liability company ("Purchaser"). Purchaser and Seller may each be referred to herein as a "Party," and collectively as the "Parties."

Amendment No. 1 to Amended and Restated Financing Agreement, and Reaffirmation of Guaranty (June 20th, 2018)

This AMENDMENT NO. 1 TO AMENDED AND RESTATED FINANCING AGREEMENT AND REAFFIRMATION OF GUARANTY dated as of June 14, 2018 (the "Amendment"), is executed among Midwest Energy Emissions Corp., a Delaware corporation, (the "Borrower"), MES, Inc., a North Dakota corporation ("MES" or "Guarantor"), and AC Midwest Energy LLC, a Delaware limited liability company (the "Lender").

Generac Holdings Inc – SECOND AMENDED AND RESTATED CREDIT AGREEMENT Dated as of June 12, 2018 Among GENERAC ACQUISITION CORP., as Holdings, GENERAC POWER SYSTEMS, INC. And Its Subsidiaries Listed as Borrowers on the Signature Pages Hereto, as Borrowers, THE LENDERS PARTY HERETO, BANK OF AMERICA, N.A., as Administrative Agent, JPMORGAN CHASE BANK, N.A., as Syndication Agent, and WELLS FARGO BANK, N.A., as Documentation Agent _________________ MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED, JPMORGAN CHASE BANK, N.A. And WELLS FARGO BANK, N.A. As Joint Lead Arrangers and as Joint Bookrunners (June 14th, 2018)

CREDIT AGREEMENT dated as of May 30, 2012 (as amended on May 31, 2013, as amended and restated on May 29, 2015, as amended on November 2, 2016 and as further amended and restated as of June 12, 2018, this "Agreement"), among GENERAC POWER SYSTEMS, INC., a Wisconsin corporation (the "Lead Borrower"), each of the other Borrowers (as hereinafter defined), GENERAC ACQUISITION CORP., a Delaware corporation ("Holdings"), the LENDERS party hereto from time to time, BANK OF AMERICA, N.A., as administrative agent (in such capacity, the "Administrative Agent") and JPMORGAN CHASE BANK, N.A., as syndication agent (in such capacity, the "Syndication Agent") and WELLS FARGO BANK, N.A. as documentation agent (in such capacity, the "Documentation Agent").

Release Agreement (June 12th, 2018)

This Release Agreement (the "Agreement"), by and between Internap Corporation (the "Company") and Robert Dennerlein ("You" or "Your") (the Company and You collectively referred to as the "Parties") is entered into and effective as of June 11, 2018 (the "Effective Date").

AdCare Health Systems, Inc. – Non-Competition Agreement (June 12th, 2018)

THIS AGREEMENT is made by and between MiMedx Group, Inc., (the "Company") and Name ("Employee"). In consideration of the employment or continued employment of the Employee and the salary and other remuneration and benefits paid by the Company to the Employee while Employee is employed by the Company, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties, the parties agree:

Patrick Industries, Inc. – SECOND AMENDED AND RESTATED CREDIT AGREEMENT Dated as of June 5, 2018 by and Among PATRICK INDUSTRIES, INC., as Borrower, the Lenders Referred to Herein, as Lenders, and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent, Swingline Lender and Issuing Lender, WELLS FARGO SECURITIES, LLC, MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED, and KEYBANC CAPITAL MARKETS INC., as Joint Lead Arrangers and Joint Bookrunners (June 11th, 2018)

SECOND AMENDED AND RESTATED CREDIT AGREEMENT, dated as of June 5, 2018, by and among PATRICK INDUSTRIES, INC., an Indiana 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 (collectively with the lenders party hereto, the "Lenders") and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as Administrative Agent for the Lenders.

Forterra, Inc. – AMENDED AND RESTATED MASTER LAND AND BUILDING LEASE Between (June 11th, 2018)

THIS AMENDED AND RESTATED MASTER LAND AND BUILDING LEASE (this "Lease") is made and entered into as of June 5, 2018 (the "Commencement Date"), by and among PIPE PORTFOLIO OWNER (MULTI) LP, a Delaware limited partnership ("Landlord"), as successor-in-interest to Pipe Portfolio Owner Exchange (Multi) LP, a Delaware limited partnership, and FORTERRA PIPE & PRECAST, LLC, a Delaware limited liability company ("Forterra Pipe"), FORTERRA CONCRETE PRODUCTS, INC., an Iowa corporation ("Forterra Concrete"), UNITED STATES PIPE AND FOUNDRY COMPANY, LLC, an Alabama limited liability company ("New Tenant") and FORTERRA CONCRETE INDUSTRIES, INC., a Tennessee corporation ("Forterra Concrete Industries") (individually and collectively, jointly and severally, as co-tenants "Tenant").

US Alliance Corp – Employment Agreement (June 7th, 2018)

THIS EMPLOYMENT AGREEMENT (this "Agreement") is made and entered into, effective as of the 1st day of February, 2018 (the "Effective Date"), by and between Jeffrey Brown (hereinafter referred to as the "Executive"), and US Alliance Corporation, a Kansas corporation (hereinafter referred to as the "Employer").

Northern Oil & Gas Inc – Amended and Restated Employment Agreement (June 7th, 2018)

This AMENDED AND RESTATED EMPLOYMENT AGREEMENT (this "Agreement"), is entered into as of June 1, 2018, by and between Northern Oil and Gas, Inc., a Delaware corporation (the "Company") and Erik Romslo, an individual currently residing in Minnesota (the "Executive").

Northern Oil & Gas Inc – Employment Agreement (May 31st, 2018)

This EMPLOYMENT AGREEMENT (this "Agreement"), is entered into as of May 24, 2018, by and between Northern Oil and Gas, Inc., a Minnesota corporation (the "Company") and Nicholas L. O'Grady, an individual currently residing in Minnesota (the "Executive").

Cypress Energy Partners, L.P. – AMENDED AND RESTATED CREDIT AGREEMENT Dated as of May 29, 2018 by and Among CYPRESS ENERGY PARTNERS, L.P., as Borrowers Agent and a Borrower, TULSA INSPECTION RESOURCES CANADA ULC, as the Canadian Borrower, DEUTSCHE BANK AG, NEW YORK BRANCH, as Lender, Issuing Bank, Swing Line Lender, and Collateral Agent, THE OTHER LENDERS PARTY HERETO AND EACH ADDITIONAL LENDER THAT BECOMES a SIGNATORY HERETO FROM TIME TO TIME, as Lenders, DEUTSCHE BANK TRUST COMPANY AMERICAS, as Administrative Agent, and DEUTSCHE BANK AG, NEW YORK BRANCH, as Lead Arranger and Bookrunner (May 31st, 2018)

WHEREAS, the Borrowers have heretofore entered into that certain Credit Agreement dated as of December 24, 2013 (as amended by Amendment No. 1 dated as of October 21, 2014, Amendment No. 2 dated as of May 4, 2015, and as otherwise amended, supplemented and modified from time to time prior to the Restatement Effective Date, the Existing Credit Agreement), by and among the Borrowers, certain affiliates of the Borrowers, the lenders party thereto, Deutsche Bank Trust Company Americas, as administrative agent, and the Collateral Agent;

Northern Oil & Gas Inc – Amended and Restated Employment Agreement (May 31st, 2018)

This AMENDED AND RESTATED EMPLOYMENT AGREEMENT (this "Agreement"), is entered into as of May 24, 2018, by and between Northern Oil and Gas, Inc., a Minnesota corporation (the "Company") and Michael L. Reger, an individual currently residing in Minnesota (the "Executive").

Francesca's Holdings Corporatio – CREDIT AGREEMENT Dated as of May 25, 2018 Among FRANCESCA'S HOLDINGS CORPORATION and Its Subsidiaries 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 (May 30th, 2018)

Page ARTICLE 1 Definitions 1 Section 1.01 Defined Terms 1 Section 1.02 Classification of Loans and Borrowings 36 Section 1.03 Terms Generally 36 Section 1.04 Accounting Terms; GAAP 37 Section 1.05 Status of Obligations 37 ARTICLE 2 The Credits 37 Section 2.01 Commitments 37 Section 2.02 Loans and Borrowings 38 Section 2.03 Requests for Borrowings 39 Section 2.04 Protective Advances 39 Section 2.05 Swingline Loans and Overadvances 40 Section 2.06 Letters of Credit 42 Section 2.07 Funding of Borrowings 48 Section 2.08 Interest Elections 49 Section 2.09 Termination and Reduction of Commitments; Increase in Revolving Commitments 50 Section 2.10 Repayment and Amortization of Loans; Evidence of Debt 52 Section 2.11 Prepayment of Loans 53 Section

2018 Long-Term Incentive Plan (May 30th, 2018)

This document sets forth the SpartanNash Company Long-Term Incentive Plan for awards made during the fiscal year ending December 29, 2018 and covering the three-year period ending January 2, 2021 ("2018 LTIP").