North Dakota Sample Contracts

StarTek, Inc. – FIFTH AMENDMENT TO CREDIT AGREEMENT (November 9th, 2018)

THIS FIFTH AMENDMENT TO CREDIT AGREEMENT (“Fifth Amendment”) is made as of this 13th day of September, 2018, by and among STARTEK, INC., a Delaware corporation (the “Company”), STARTEK HEALTH SERVICES, INC., a Colorado Corporation (“SHS”) and STARTEK USA, INC., a Colorado Corporation (“SUSA”) (each of the Company, CCI, SHS and SUSA may be referred to herein, individually, as a “Borrower” and, collectively, as “Borrowers”), COLLECTION CENTER, INC., a North Dakota corporation (“CCI”), as a guarantor, EACH LENDER FROM TIME TO TIME PARTY HERETO (collectively, the “Lenders” and individually, a “Lender”), and BMO HARRIS BANK, N.A., as Administrative Agent, Swing Line Lender, and a Letter of Credit Issuer.

American Railcar Industries, Inc. – 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. SUPPLY AGREEMENT This Supply Agreement (this “Agreement”) is made as of this 30th day of July, 2018 (the “Effective Date”), by and between GATX Corporation, a corporation organized under the laws of the State of New York (“Buyer”), and American Railcar Indu (October 30th, 2018)
Two Harbors Investment Corp. – Two Harbors Investment Corp. Announces Chief Financial Officer Transition New York, October 5, 2018 – Two Harbors Investment Corp. (NYSE: TWO) today announced Brad Farrell’s intention to resign from his position as Vice President, Chief Financial Officer and Treasurer in order to pursue other opportunities. Mr. Farrell’s resignation is not the result of any disagreement with respect to any matter relating to the operations, financial reporting, policies or practices of Two Harbors or Pine River. Mr. Farrell has agreed to stay on with the Company through January 31, 2019 to assist in the transi (October 5th, 2018)
Oneok Inc /New/ – ONEOK Announces Additional NGL Fractionation and Pipeline Capacity and Natural Gas Processing Capacity Sept. 25, 2018 Page 2 expected completion in the fourth quarter 2019, increasing the need for the Demicks Lake II plant.” NGL Projects: The new MB-5 fractionator and related infrastructure project, which includes system expansions for future additional fractionation, storage and export capabilities in Mont Belvieu, is expected to cost approximately $750 million. MB-5 is fully contracted and will increase ONEOK’s total NGL fractionation capacity to more than 1 million bpd. The Arbuckle II exte (September 26th, 2018)
Great Western Bancorp, Inc. – Forward Looking Statements The materials posted may contain forward-looking statements, including guidance, involving significant risks and uncertainties, which will be identified by words such as "believe," "expect," "anticipate," "intend," "estimate," "should," "is likely," "will," "going forward" and other expressions that indicate future events and trends and may be followed by or reference cautionary statements. A number of factors could cause actual results to differ materially from those in the forward-looking information. These factors are outlined in our most recent earnings press rel (August 30th, 2018)
Emc Insurance Group Inc – FIRST AMENDED SERVICES AGREEMENT (August 7th, 2018)

THIS FIRST AMENDED SERVICES AGREEMENT (the “Agreement”) is entered into effective January 1, 2018 by and between Employers Mutual Casualty Company ("EMC"), EMCASCO Insurance Company ("EMCASCO"), Illinois EMCASCO Insurance Company ("Illinois EMCASCO"), Dakota Fire Insurance Company ("Dakota Fire"), Union Insurance Company of Providence ("Union"), and EMC Property & Casualty Company ("EMC P&C"). All are Iowa corporations, except Dakota Fire, which is a North Dakota corporation. As of January 1, 2018, this Agreement amends and replaces the Services Agreement dated December 31, 2010.

American Railcar Industries, Inc. – FIRST AMENDMENT TO CREDIT AGREEMENT, CHATTEL MORTGAGE AND SECURITY AGREEMENT (April 17th, 2018)

This First Amendment to Credit Agreement, Chattel Mortgage and Security Agreement (this “Amendment”), is dated as of April 17, 2018, by and among AMERICAN RAILCAR INDUSTRIES, INC., a North Dakota corporation, as borrower (“Debtor”), CRÈDIT AGRICOLE CORPORATE AND INVESTMENT BANK, as administrative agent (“Agent”), and the financial institutions party to this Amendment, as Lenders (defined below).

American Church Mortgage Co – LOAN AGREEMENT (April 11th, 2018)

This loan agreement (“Agreement”) is made this 9th day of April, 2018 by and Alerus Financial, N.A., a banking institution organized and existing under the laws of the United States, having an address of 2330 South Columbia Road, Grand Forks, North Dakota 58201 (“Bank”) and American Church Mortgage Company, a Minnesota corporation, having an address of 10400 Yellow Circle Drive, #102, Minnetonka, MN 55343 (“Borrower”), for the purposes of extending to the Borrower a Four Million ($4,000,000.00) Dollar credit accommodation on the terms and conditions set forth herein.

Sterling Real Estate Trust – SEVENTH AMENDED AND RESTATED ADVISORY AGREEMENT (April 4th, 2018)

THIS ADVISORY AGREEMENT (the “Agreement”), dated effective as of January 1, 2018 (the “Effective Date”), is among 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”).

Advanced BioEnergy, LLC – Construction and Term Loan NOTE (March 19th, 2018)

This Construction and Term Loan Note is issued in connection with, and is entitled to the benefits of, the Credit Agreement which, among other things, contains provisions for the acceleration of the maturity hereof upon the happening of certain events, all upon the terms and conditions therein specified.

Investors Real Estate Trust – FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT (March 12th, 2018)

THIS FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT (“First Amendment”) is made and dated as of this December 22, 2017, by and among IRET Properties, a North Dakota limited partnership (“IRET Properties”), SMB Operating Company, LLC, a Delaware limited liability company (“SMB”), Missoula 3050 CBR, LLC, a North Dakota limited liability company (“IRET Missoula”), IRET - Billings 2300 CBR, LLC, a North Dakota limited liability company (“IRET Billings”), Minnesota Medical Investors, LLC, a Delaware limited liability company (“MN Medical”, and together with IRET Properties, SMB, IRET Missoula and IRET Billings, collectively, “Seller”), and Harrison Street Real Estate, LLC, a Delaware limited liability company (“Purchaser”).

Nuverra Environmental Solutions, Inc. – SEPARATION AGREEMENT AND MUTUAL RELEASE (March 5th, 2018)

This SEPARATION AGREEMENT AND MUTUAL RELEASE (this “Agreement”) is made and entered into between Mark D. Johnsrud (hereinafter referred to as “Employee”), who currently resides in the State of North Dakota, and Nuverra Environmental Solutions, Inc., a Delaware corporation (the “Company”). Employee and the Company are also referred to herein individually as a “Party” and collectively as the “Parties”. Unless otherwise specified, capitalized terms have the meanings set forth herein, but if not defined in this Agreement, then capitalized terms shall have the meaning given to them in the Employment Agreement. This Agreement is made in light of the following:

Mdu Resources Group Inc – Montana-Dakota Utilities signs agreement to purchase North Dakota wind farm expansion (March 1st, 2018)

BISMARCK, N.D. - March 1, 2018 - Montana-Dakota Utilities Co., a division of MDU Resources Group (NYSE: MDU), announced today that it has signed an agreement to purchase a North Dakota wind farm expansion to be developed by ALLETE Clean Energy (ACE), a subsidiary of ALLETE, Inc. (NYSE: ALE).

Great Western Bancorp, Inc. – Great Western Bancorp, Inc. Announces Nationwide Search for President Sioux Falls, SD – February 28, 2018 - The Board of Directors of Great Western Bancorp, Inc. (the “Company”) (NYSE: GWB) today announced a nationwide search for a new president as a result of the growth of the Company and its principal banking subsidiary, Great Western Bank (the “Bank”). The Company and Bank will separate the duties of the President and Chief Executive Officer. Ken Karels, Chairman, President & CEO, will continue to serve as Chairman of the Board and Chief Executive Officer for both the Company and Bank and w (February 28th, 2018)
Oneok Inc /New/ – ONEOK to Invest $2.3 Billion For Additional NGL and Natural Gas Infrastructure Feb. 21, 2018 Page 2 These projects are expected to generate adjusted earnings before interest, taxes, depreciation and amortization (adjusted EBITDA) multiples of four to six times. Following ONEOK’s recently completed equity issuances totaling approximately $1.6 billion, project funding is expected to come from cash generated from operations and short- and long-term borrowings. ONEOK does not expect to issue additional equity in 2018 and well into 2019. Arbuckle II Pipeline and MB-4: The approximately 530-mile, 24 (February 22nd, 2018)
Earthstone Energy Inc – UNAUDITED PRO FORMA CONDENSED COMBINED FINANCIAL STATEMENTS FOR EARTHSTONE ENERGY, INC. (December 27th, 2017)

As previously disclosed in its Current Report on Form 8-K filed on May 12, 2017 with the U.S. Securities and Exchange Commission (the “SEC”), on May 9, 2017, Earthstone completed the Contribution Agreement dated as of November 7, 2016, and as amended on March 21, 2017 (the “Bold Transaction”), by and among the Company, Earthstone Energy Holdings, LLC, a Delaware limited liability company (“EEH”), Lynden USA, Inc., a Utah corporation, Lynden USA Operating, LLC, a Texas limited liability company, Bold Energy Holdings, LLC, a Texas limited liability company (“Bold Holdings”), and Bold Energy III LLC, a Texas limited liability company (“Bold”). On June 22, 2017, Earthstone filed a Current Report on Form 8-K/A for the purpose of providing unaudited pro forma condensed combined financial statements giving effect to the Bold Transaction, as required by Item 9.01(b) of Form 8-K.

Whiting Petroleum Corp – WHITING PETROLEUM CORPORATION UNAUDITED PRO FORMA FINANCIAL INFORMATION (December 12th, 2017)

The following unaudited pro forma financial information is derived from the historical consolidated financial statements of Whiting Petroleum Corporation (“Whiting” or the “Company”) and has been adjusted to reflect the sale of the Company’s interests in certain oil and gas producing properties in the Fort Berthold Indian Reservation area located in Dunn and McLean counties of North Dakota as well as certain other related assets and liabilities (the “FBIR Properties”), effective September 1, 2017, for a cash purchase price of $500 million (before closing adjustments), resulting in a pre-tax loss on sale of $402 million.

Investors Real Estate Trust – Number 1 ET ..... , 4,60.UOOO INVESTORS REAL ESTATE TRUST A REAL ESTATE INVESTMENT TRUST FORMED UNDER THE LAWS OF THE STATE OF NORTH DAKOTA lm'ESTORS RE ESTATE TRUS'FII 1111 111111 Ill " 7.95% Series B Cumulative Redeemable Preferred Shares of Beneficial Interest is the owner and Th erlijlesthatC e=d e & o=·---------------------------------------------------registered holder of four million six hundred thousand Shares of fully paid and non-assessable 7.95% Series B Cumulative Redeemable Preferred Shares of Beneficial Interest (Liquidation Preference $25 per Share), no par value (the"Series B P (September 7th, 2017)
Midwest Energy Emissions Corp. – CLOSING AGREEMENT (August 21st, 2017)

Reference is made to a certain Exclusive Patent and Know-How License Agreement including Transfer of Ownership, dated January 15, 2009 by and between RLP Energy, Inc., as predecessor in interest to MES (as defined below), and Energy & Environmental Research Center Foundation (the “Licensor”), a North Dakota nonprofit entity, as amended by Amendments 1, 2, 3, 4 and 5 prior hereto (as amended by Amendments 1, 2, 3, 4, and 5, the “License Agreement”) by and among the Licensor, MES, Inc. (“MES”), a successor to all the rights, titles and interests of RLP Energy, Inc., and Midwest Energy Emissions Corp. (“ME2C” and, together with MES, the “Company”). The License Agreement provides that under certain conditions the Company shall have the option to acquire the Patent Rights upon the payment of certain cash consideration and additional shares of its common stock, which option the Company has elected to exercise pursuant to a letter dated January 5, 2017, as amended on March 23, 2017 and April

American Railcar Industries, Inc. – AMENDED AND RESTATED CONSULTING SERVICES AGREEMENT (August 2nd, 2017)

This Amended and Restated Consulting Services Agreement (this “Agreement”), is effective as of June 1, 2017 (the “Effective Date”), by and between American Railcar Industries, Inc., a corporation organized under the laws of the State of North Dakota (together with its successors and assigns, the “Consultant”), and AEPC RemainCo LLC, a limited liability company organized under the laws of the State of Delaware (together with its Subsidiaries, and its and their respective successors and assigns, the “Company”).

American Railcar Industries, Inc. – AMENDED AND RESTATED CONSULTING SERVICES AGREEMENT (August 2nd, 2017)

This Amended and Restated Consulting Services Agreement (this “Agreement”), is effective as of June 1, 2017 (the “Effective Date”), by and between American Railcar Industries, Inc., a corporation organized under the laws of the State of North Dakota (together with its successors and assigns, the “Consultant”), and AEP Rail RemainCo LLC, a limited liability company organized under the laws of the State of Delaware (together with its Subsidiaries, and its and their respective successors and assigns, the “Company”).

Investors Real Estate Trust – CONFIDENTIAL resignation AGREEMENT AND GENERAL RELEASE (June 28th, 2017)

This Confidential Resignation Agreement and General Release (“Agreement”), is made and entered into by and between the undersigned individual, Diane K. Bryantt (“you”) and Investors Real Estate Trust, a North Dakota real estate investment trust (“IRET”) (the signatories to this Agreement will be referred to collectively as the “Parties”).

Nuverra Environmental Solutions, Inc. – PLAN SUPPORT AGREEMENT (June 28th, 2017)

This PLAN SUPPORT AGREEMENT (together with all exhibits, schedules, and attachments hereto, as amended, supplemented, or otherwise modified from time to time in accordance with the terms hereof, this “Agreement”), dated as of June 22, 2017, is entered into by and among (a) Nuverra Environmental Solutions, Inc. (“Nuverra”) and Heckmann Water Resources Corporation, Heckmann Water Resources (CVR) Inc., 1960 Well Services, LLC, HEK Water Solutions, LLC, Appalachian Water Services, LLC, Badlands Power Fuels, LLC (a Delaware limited liability company), Badlands Power Fuels, LLC (a North Dakota limited liability company), Landtech Enterprises, L.L.C., Badlands Leasing, LLC, Ideal Oilfield Disposal, LLC, Nuverra Total Solutions, LLC, NES Water Solutions, LLC, and Heckmann Woods Cross, LLC (such entities, together with Nuverra, the “Nuverra Parties”), each of which is a debtor and debtor-in-possession (collectively, the “Debtors”) in a bankruptcy case (collectively, the “Chapter 11 Cases”) unde

American Railcar Industries, Inc. – CONSULTING SERVICES AGREEMENT (June 7th, 2017)

This Consulting Services Agreement (this “Agreement”), dated as of June 1, 2017 (the “Effective Date”), is made and entered into between American Railcar Industries, Inc., a corporation organized under the laws of the State of North Dakota (together with its successors and assigns, the “Consultant”), and AEP Rail RemainCo LLC, a limited liability company organized under the laws of the State of Delaware (together with its Subsidiaries, and its and their respective successors and assigns, the “Company”).

American Railcar Industries, Inc. – SUBCONTRACTOR AGREEMENT (June 7th, 2017)

This Subcontractor Agreement (the “Agreement”) is made as of June 1, 2017 (the “Effective Date”), by and among American Railcar Leasing LLC, a Delaware limited liability company (“ARL”), American Railcar Industries, Inc., a North Dakota corporation (“ARI”), and solely for the purposes of Section 5, American Entertainment Properties Corp. (“AEPC”). Defined terms not otherwise defined herein shall have the meaning given to such term in the RMTA (as defined below).

American Railcar Industries, Inc. – CONSULTING SERVICES AGREEMENT (June 7th, 2017)

This Consulting Services Agreement (this “Agreement”), dated as of June 1, 2017 (the “Effective Date”), is made and entered into between American Railcar Industries, Inc., a corporation organized under the laws of the State of North Dakota (together with its successors and assigns, the “Consultant”), and AEPC RemainCo LLC, a limited liability company organized under the laws of the State of Delaware (together with its Subsidiaries, and its and their respective successors and assigns, the “Company”).

StarTek, Inc. – FOURTH AMENDMENT TO CREDIT AGREEMENT (May 10th, 2017)

THIS FOURTH AMENDMENT TO CREDIT AGREEMENT (“Fourth Amendment”) is made as of this 28th day of March, 2017, by and among STARTEK, INC., a Delaware corporation (the “Company”), STARTEK HEALTH SERVICES, INC., a Colorado Corporation (“SHS”) and STARTEK USA, INC., a Colorado Corporation (“SUSA”) (each of the Company, CCI, SHS and SUSA may be referred to herein, individually, as a “Borrower” and, collectively, as “Borrowers”), COLLECTION CENTER, INC., a North Dakota corporation (“CCI”), as a guarantor, EACH LENDER FROM TIME TO TIME PARTY HERETO (collectively, the “Lenders” and individually, a “Lender”), and BMO HARRIS BANK, N.A., as Administrative Agent, Swing Line Lender, and an Letter of Credit Issuer.

Nuverra Environmental Solutions, Inc. – SECOND AMENDMENT TO RESTRUCTURING SUPPORT AGREEMENT (May 1st, 2017)

THIS SECOND AMENDMENT TO RESTRUCTURING SUPPORT AGREEMENT (this “Amendment”), dated as of April 28, 2017, is entered into by and among (a) Nuverra Environmental Solutions, Inc. (“Nuverra”) and Heckmann Water Resources Corporation, Heckmann Water Resources (CVR) Inc., 1960 Well Services, LLC, HEK Water Solutions, LLC, Appalachian Water Services, LLC, Badlands Power Fuels, LLC (a Delaware limited liability company), Badlands Power Fuels LLC (a North Dakota limited liability company), Landtech Enterprises, L.L.C., Badlands Leasing, LLC, Ideal Oilfield Disposal, LLC, Nuverra Total Solutions, LLC, NES Water Solutions, LLC and Heckmann Woods Cross, LLC (such entities, together with Nuverra, the “Company”); and (b) the undersigned holders of the 2021 Notes (together with their respective successors and permitted assigns under this Agreement, collectively, the “Supporting Noteholders”). The Company and the Supporting Noteholders are referred to herein as the “Parties”. Capitalized terms used he

Nuverra Environmental Solutions, Inc. – FIRST AMENDMENT TO RESTRUCTURING SUPPORT AGREEMENT (April 25th, 2017)

THIS FIRST AMENDMENT TO RESTRUCTURING SUPPORT AGREEMENT (this “Amendment”), dated as of April 20, 2017, is entered into by and among (a) Nuverra Environmental Solutions, Inc. (“Nuverra”) and Heckmann Water Resources Corporation, Heckmann Water Resources (CVR) Inc., 1960 Well Services, LLC, HEK Water Solutions, LLC, Appalachian Water Services, LLC, Badlands Power Fuels, LLC (a Delaware limited liability company), Badlands Power Fuels LLC (a North Dakota limited liability company), Landtech Enterprises, L.L.C., Badlands Leasing, LLC, Ideal Oilfield Disposal, LLC, Nuverra Total Solutions, LLC, NES Water Solutions, LLC and Heckmann Woods Cross, LLC (such entities, together with Nuverra, the “Company”); and (b) the undersigned holders of the 2021 Notes (together with their respective successors and permitted assigns under this Agreement, collectively, the “Supporting Noteholders”). The Company and the Supporting Noteholders are referred to herein as the “Parties”. Capitalized terms used her

Nuverra Environmental Solutions, Inc. – RESTRUCTURING SUPPORT AGREEMENT (April 12th, 2017)

This RESTRUCTURING SUPPORT AGREEMENT (together with all exhibits, schedules, and attachments hereto, as amended, supplemented, or otherwise modified from time to time in accordance with the terms hereof, this “Agreement”), dated as of April 9, 2017, is entered into by and among (a) Nuverra Environmental Solutions, Inc. (“Nuverra”) and Heckmann Water Resources Corporation, Heckmann Water Resources (CVR) Inc., 1960 Well Services, LLC, HEK Water Solutions, LLC, Appalachian Water Services, LLC, Badlands Power Fuels, LLC (a Delaware limited liability company), Badlands Power Fuels, LLC (a North Dakota limited liability company), Landtech Enterprises, L.L.C., Badlands Leasing, LLC, Ideal Oilfield Disposal, LLC, Nuverra Total Solutions, LLC, NES Water Solutions, LLC, and Heckmann Woods Cross, LLC (such entities, together with Nuverra, the (“Company” or, the “Nuverra Parties”); and (b) the undersigned holders of the 2021 Notes (as defined below) (together with their respective successors and p

Hess Midstream Partners LP – REGISTRATION RIGHTS AGREEMENT (April 10th, 2017)

This Registration Rights Agreement (this “Agreement”) is made and entered into as of April 10, 2017 by and among Hess Midstream Partners LP, a Delaware limited partnership (the “Partnership”), Hess Midstream Partners GP LP, a Delaware limited partnership (“HESM GP”), Hess Midstream Partners GP LLC, a Delaware limited liability company (“GP LLC”), Hess Investments North Dakota LLC, a Delaware limited liability company (“Hess”), and GIP II Blue Holding Partnership, L.P. ( “GIP”), a Delaware limited partnership. Hess and GIP are collectively referred to herein as the “Sponsors.” The Partnership, HESM GP, GP LLC and the Sponsors are collectively referred to herein as the “Parties.”

3dicon Corp – Coretec Industries, LLC Fargo, North Dakota Financial Statements June 30, 2016 (March 27th, 2017)
Strategic Realty Trust, Inc. – PURCHASE AND SALE AGREEMENT (March 24th, 2017)

THIS PURCHASE AND SALE AGREEMENT (“Agreement”) is dated as of October __, 2016 (the “Effective Date”), by and between SRT SECURED PINEHURST, LLC, a Delaware limited liability company (“Seller”), and DAKOTA UPREIT LIMITED PARTNERSHIP, a North Dakota limited partnership (“Buyer”).

American Railcar Industries, Inc. – CONSULTING SERVICES AGREEMENT (February 21st, 2017)

This Consulting Services Agreement (this “Agreement”), dated as of February 15, 2017, (the “Effective Date”), is made and entered into between American Railcar Industries, Inc., a corporation organized under the laws of the State of North Dakota (together with its successors and assigns, the “Consultant”), and American Railcar Leasing LLC, a limited liability company organized under the laws of the State of Delaware (together with its Subsidiaries, and its and their respective successors and assigns, the “Company”).

Hess Midstream Partners LP – FORM OF REGISTRATION RIGHTS AGREEMENT (February 13th, 2017)

This Registration Rights Agreement (this “Agreement”) is made and entered into as of                     , by and among Hess Midstream Partners LP, a Delaware limited partnership (the “Partnership”), Hess Midstream Partners GP LP, a Delaware limited partnership (“HESM GP”), Hess Midstream Partners GP LLC, a Delaware limited liability company (“GP LLC”), Hess Investments North Dakota Limited, a Delaware corporation (“Hess”), and GIP II Blue Holding Partnership, L.P. (“GIP”). Hess and GIP are collectively referred to herein as the “Sponsors.” The Partnership, HESM GP, GP LLC and the Sponsors are collectively referred to herein as the “Parties.”