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93658691v1 (October 17th, 2017)
Co-Invest Options Non-Qualified Stock Option Agreement Pursuant to the Neiman Marcus Group, Inc. (October 10th, 2017)

AGREEMENT ("Agreement"), dated as of [*], between Neiman Marcus Group, Inc., a Delaware corporation (the "Company"), and [*] (the "Participant").

Incentive Stock Option Agreement Pursuant to the Altimmune, Inc. 2017 Omnibus Incentive Plan (September 28th, 2017)

THIS INCENTIVE STOCK OPTION AWARD AGREEMENT (this Agreement), dated as of the Grant Date specified above, is entered into by and between Altimmune, Inc., a Delaware corporation (the Company), and the Participant specified above, pursuant to the Altimmune, Inc. 2017 Omnibus Incentive Plan, as in effect and as amended from time to time (the Plan), which is administered by the Committee; and

Incentive Stock Option Agreement Pursuant to the Altimmune, Inc. 2017 Omnibus Incentive Plan (September 28th, 2017)

THIS INCENTIVE STOCK OPTION AWARD AGREEMENT (this Agreement), dated as of the Grant Date specified above, is entered into by and between Altimmune, Inc., a Delaware corporation (the Company), and the Participant specified above, pursuant to the Altimmune, Inc. 2017 Omnibus Incentive Plan, as in effect and as amended from time to time (the Plan), which is administered by the Committee; and

Incentive Stock Option Agreement Pursuant to the Altimmune, Inc. 2017 Omnibus Incentive Plan (September 28th, 2017)

THIS INCENTIVE STOCK OPTION AWARD AGREEMENT (this Agreement), dated as of the Grant Date specified above, is entered into by and between Altimmune, Inc., a Delaware corporation (the Company), and the Participant specified above, pursuant to the Altimmune, Inc. 2017 Omnibus Incentive Plan, as in effect and as amended from time to time (the Plan), which is administered by the Committee; and

Master Lease (September 22nd, 2017)

THIS MASTER LEASE (this "Lease") is made as of July 21, 2000 (the "Effective Date"), by and between COUNTRY STORES PROPERTY III, LLC, a Delaware limited liability company ("Lessor"), whose address is c/o U.S. Realty Advisors, LLC, 1370 Avenue of the Americas, New York, New York 10019, and CRACKER BARREL OLD COUNTRY STORE, INC., a Tennessee corporation ("Lessee"), whose address is P.O. Box 787, 305 Hartmann Drive, Lebanon, Tennessee 37088-0787.

Master Lease (September 22nd, 2017)

THIS MASTER LEASE (this "Lease") is made as of July 21, 2000 (the "Effective Date"), by and between COUNTRY STORES PROPERTY I, LLC, a Delaware limited liability company ("Lessor"), whose address is c/o U.S. Realty Advisors, LLC, 1370 Avenue of the Americas, New York, New York 10019, and CRACKER BARREL OLD COUNTRY STORE, INC., a Tennessee corporation ("Lessee"), whose address is P.O. Box 787, 305 Hartmann Drive, Lebanon, Tennessee 37088-0787.

Master Lease (September 22nd, 2017)

THIS MASTER LEASE (this "Lease") is made as of July 21, 2000 (the "Effective Date"), by and between COUNTRY STORES PROPERTY II, LLC, a Delaware limited liability company ("Lessor"), whose address is c/o U.S. Realty Advisors, LLC, 1370 Avenue of the Americas, New York, New York 10019, and CRACKER BARREL OLD COUNTRY STORE, INC., a Tennessee corporation ("Lessee"), whose address is P.O. Box 787, 305 Hartmann Drive, Lebanon, Tennessee 37088-0787.

Table of Contents (September 18th, 2017)

Henry Schein, Inc. a Delaware corporation (the Company), agrees with NYL Investors LLC (as successor in interest to New York Life Investment Management LLC), a Delaware limited liability company (New York Life) and each New York Life Affiliate (as defined herein) which becomes bound by this Agreement as provided herein (each, a Purchaser and, collectively, the Purchasers) as follows. Certain capitalized and other terms used in this Agreement are defined in Schedule A; references to a Schedule or an Exhibit are to a Schedule or an Exhibit attached to this Agreement unless otherwise specified, and references to any time of day are to New York City local time unless otherwise specified.

HENRY SCHEIN, INC. $50,000,000 3.42% Series 2017-A Senior Notes Due June 16, 2027 Master Note Facility AMENDED AND RESTATED MASTER NOTE PURCHASE AGREEMENT Dated September 15, 2017 (September 18th, 2017)

TO METROPOLITAN LIFE INSURANCE COMPANY (MLIC) AND METLIFE INVESTMENT ADVISORS COMPANY, LLC (MLIAC, and together with MLIC, MetLife)

HENRY SCHEIN, INC. $50,000,000 3.79% Series 2010-A Senior Notes Due September 2, 2020 $50,000,000 3.45% Series 2012-A Senior Notes Due January 20, 2024 $50,000,000 3.00% Series 2012-B Senior Notes Due December 24, 2024 $50,000,000 3.19% Series 2014-A Senior Notes Due June 2, 2021 $50,000,000 3.42% Series 2017-A Senior Notes Due June 16, 2027 Private Shelf Facility AMENDED AND RESTATED PRIVATE SHELF AGREEMENT Dated September 15, 2017 (September 18th, 2017)

amount of $50,000,000 (the Original Series 2012-B Notes), (d) the Company issued and sold to the Series 2014-A Purchasers, and the Series 2014-A Purchasers purchased from the Company, the Companys 3.19% Series 2014-A Senior Notes due June 2, 2021, in the original aggregate principal amount of $50,000,000 (the Original Series 2014-A Notes), and (e) the Company issued and sold to the Series 2017-A Purchasers, and the Series 2017-A Purchasers purchased from the Company, the Companys 3.42% Series 2017-A Senior Notes due June 16, 2027, in the original aggregate principal amount of $50,000,000 (the Original Series 2017-A Notes and, together with the Original Series 2010-A Notes, the Original Series 2012-A Notes, the Original Series 2012-B Notes and the Original Series 2014-A Notes, collectively, the Original Notes).

Workhorse Group Inc. – Underwriting Agreement (September 14th, 2017)

Cowen and Company, LLC as Representative of the several Underwriters named in Schedule I hereto c/o Cowen and Company, LLC

New York REIT, Inc. – MEMBERSHIP INTEREST PURCHASE AGREEMENT BETWEEN ARC NYWWPJV001, LLC as Seller AND WWP JV LLC as Purchaser Pertaining to Certain Interests in WWP HOLDINGS, LLC September 14, 2017 (September 14th, 2017)

THIS MEMBERSHIP INTEREST PURCHASE AGREEMENT (this "Agreement"), dated as of September 14, 2017 (the "Effective Date"), by and between ARC NYWWPJV001, LLC, a Delaware limited liability company ("Seller") and WWP JV LLC, a Delaware limited liability company ("Purchaser").

New York REIT, Inc. – Consent Agreement (September 14th, 2017)

This CONSENT AGREEMENT (this "Agreement"), dated as of September 14, 2017, is made by between WWP Sponsor, LLC, a Delaware limited liability company ("Comfort Member"), New York REIT, Inc., a Maryland corporation ("NYRT"), ARC NYWWPJV001, LLC, a Delaware limited liability company ("Owner Member") and each Comfort Member Guarantor (defined below). Each of the foregoing, a "Party," and collectively the "Parties."

33,500 Shares of Series C Convertible Preferred Stock Par Value $0.01 FUELCELL ENERGY, INC. UNDERWRITING AGREEMENT (September 8th, 2017)
Amendment No. 5 to the Abl Credit Agreement (September 8th, 2017)

This CREDIT AGREEMENT (Agreement) is entered into as of January 13, 2012, among NUMBER MERGER SUB, INC., a California corporation and the initial Borrower (which on the Effective Date shall be merged with and into 99 CENTS ONLY STORES LLC (f/k/a 99C/ ONLY STORES), a California corporationlimited liability company (the Company), with the Company surviving such merger as the successor Borrower), NUMBER HOLDINGS, INC., a Delaware corporation (Holdings), ROYAL BANK OF CANADA, as administrative agent (in such capacity, including any successor thereto, the Administrative Agent) and as collateral agent (in such capacity, including any successor thereto, the Collateral Agent) under the Loan Documents, TPG SPECIALTY LENDING, INC., as agent for the FILO Lenders as of the Amendment No. 5 Effective Date (in such capacity, including any successor thereto, the FILO Agent), and each lender from time to time party hereto (collectively, the Lenders and individually, a Lender).

In the United States Bankruptcy Court for the District of Delaware (August 25th, 2017)

The last four digits of Energy Future Holdings Corp.'s tax identification number are 8810. The location of the debtors' service address is 1601 Bryan Street, Dallas, Texas 75201. Due to the large number of debtors in these chapter 11 cases, which are being jointly administered, a complete list of the debtors and the last four digits of their federal tax identification numbers is not provided herein. A complete list of such information may be obtained on the website of the debtors' claims and noticing agent at http://www.efhcaseinfo.com.

Plan Support Agreement (August 25th, 2017)

This PLAN SUPPORT AGREEMENT (including all exhibits attached hereto, as may be amended, modified or supplemented from time to time in accordance with the terms hereof, this "Agreement") is made and entered into as of August 21, 2017, by and among the following parties to the extent they have executed and delivered signature pages hereto (each a "Party," and collectively, the "Parties"):

15,656 Series B Convertible Preferred Shares Warrants to Purchase 2,345,427 Common Shares ALTIMMUNE, INC. Preferred Stock PLACEMENT AGENCY AGREEMENT (August 17th, 2017)
Securities Purchase Agreement (August 17th, 2017)

SECURITIES PURCHASE AGREEMENT (the Agreement), dated as of August 16, 2017, by and among Altimmune, Inc., a Delaware corporation, with headquarters located at 19 Firstfield Road, Suite 200 Gaithersburg, Maryland 20878 (the Company), and the investors listed on the Schedule of Buyers attached hereto (individually, a Buyer and collectively, the Buyers).

Convertible Promissory Note Purchase Agreement (August 14th, 2017)

This CONVERTIBLE PROMISSORY NOTE PURCHASE AGREEMENT (this Agreement), dated as of January 18, 2017, by and among Altimmune, Inc., a Delaware corporation (the Company), the purchasers listed on the Schedule of Purchasers attached as Exhibit A-1 hereto on the date hereof (each a Purchaser and together the Purchasers). The Parties hereby agree as follows:

Numerex Corp. – Note Purchase Agreement (August 8th, 2017)

THIS NOTE PURCHASE AGREEMENT, dated as of June 7, 2017 (as amended, restated, supplemented or otherwise modified from time to time in accordance with the terms hereof, this "Agreement"), by and among NUMEREX CORP., a Pennsylvania corporation (the "Borrower"), the Guarantors from time to time party hereto, the Purchasers from time to time party hereto, and HCP-FVF, LLC, a Delaware limited liability company ("Hale Capital"), as collateral agent for itself and the Purchasers party hereto (in such capacity and together with its successors and assigns, the "Collateral Agent").

Numerex Corp. – Numerex Corp. Warrant (August 8th, 2017)

NUMEREX CORP, a Pennsylvania corporation (the "Company"), hereby certifies that, for value received, HCP-FVF, LLC or its registered assigns (the "Holder"), is entitled to purchase from the Company up to a total of 895,944 (subject to adjustment as provided herein) fully paid and non-assessable shares of common stock, no par value per share (the "Common Stock"), of the Company (each such share, a "Warrant Share" and all such shares, the "Warrant Shares") at an exercise price equal to $4.14 per share (as adjusted from time to time as provided in Section 9, the "Exercise Price"), at any time and from time to time from and after the date hereof (the "Issuance Date") and through and including June 7, 2027 (the "Expiration Date"), and subject to the following terms and conditions. This Warrant (this "Warrant") is being issued pursuant to Section 3.6 of that certain Note Purchase Agreement, dated as of the date hereof (as amended, amended and restated, supplemented, or otherwise modified from

Required Group Agent Action No. 34 (August 4th, 2017)

This REQUIRED GROUP AGENT ACTION NO. 34 (this "Action"), dated as of May 15, 2017 (the "Effective Date"), is entered into by and among Megalodon Solar, LLC, a Delaware limited liability company ("Borrower"), Bank of America, N.A., as the Administrative Agent ("Administrative Agent"), the Collateral Agent for the Secured Parties ("Collateral Agent") and each of Bank of America, N.A. ("BA Agent"), Credit Suisse AG, New York Branch ("CS Agent"), Deutsche Bank AG, New York Branch ("DB Agent"), ING Capital LLC ("ING Agent"), KeyBank National Association ("KB Agent"), National Bank of Arizona ("NBAZ Agent"), Silicon Valley Bank ("SVB Agent") and CIT Bank, N.A. ("CIT Agent" and collectively with BA Agent, CS Agent, DB Agent, ING Agent, KB Agent, NBAZ Agent and SVB Agent, the "Group Agents"), as Group Agents party to the Loan Agreement, dated as of May 4, 2015 (as amended, the "Loan Agreement"), by and among the Borrower, Administrative Agent, Collateral Agent, the Group Agents, the Lenders an

Required Group Agent Action No. 37 (August 4th, 2017)

This REQUIRED GROUP AGENT ACTION NO. 37 (this "Action"), dated as of June 30, 2017, but effective as of July 1, 2017 (the "Effective Date"), is entered into by and among Megalodon Solar, LLC, a Delaware limited liability company ("Borrower"), Bank of America, N.A., as the Administrative Agent ("Administrative Agent"), the Collateral Agent for the Secured Parties ("Collateral Agent") and each of Bank of America, N.A. ("BA Agent"), Credit Suisse AG, New York Branch ("CS Agent"), Deutsche Bank AG, New York Branch ("DB Agent"), ING Capital LLC ("ING Agent"), KeyBank National Association ("KB Agent"), National Bank of Arizona ("NBAZ Agent"), Silicon Valley Bank ("SVB Agent") and CIT Bank, N.A. ("CIT Agent" and collectively with BA Agent, CS Agent, DB Agent, ING Agent, KB Agent, NBAZ Agent and SVB Agent, the "Group Agents"), as Group Agents party to the Loan Agreement, dated as of May 4, 2015 (as amended, the "Loan Agreement"), by and among the Borrower, Administrative Agent, Collateral Agen

STOCK PURCHASE AGREEMENT BY AND AMONG PIK HOLDINGS, INC. CHURCH & DWIGHT CO., INC., THE COMPANY STOCKHOLDERS LISTED ON THE SIGNATURE PAGES HERETO and MIDOCEAN PARTNERS III, L.P. (In Its Capacity as a Company Stockholder and as the Representative) DATED AS OF JULY 17, 2017 (July 17th, 2017)

THIS STOCK PURCHASE AGREEMENT (this Agreement), dated as of July 17, 2017 is made by and among PIK Holdings, Inc., a Delaware corporation (the Company), Church & Dwight Co., Inc., a Delaware corporation (Parent), the stockholders listed on the signature pages hereto (each individually, a Company Stockholder and collectively, the Company Stockholders) and MidOcean Partners III, L.P., a limited partnership organized under the Exempted Limited Partnership Law (2003 Revision) of the Cayman Islands, a Company Stockholder and in its capacity as the representative of the Company Stockholders (the Representative). Each of Parent, the Company, the Company Stockholders and the Representative are referred to herein as a Party and collectively as the Parties. Capitalized terms used but not otherwise defined herein have the meanings ascribed to such terms in Article 1.

Fifth Street Asset Management Inc. – Asset Purchase Agreement (July 14th, 2017)

THIS ASSET PURCHASE AGREEMENT, dated as of July 13, 2017 (as may be amended from time to time, this "Agreement"), is made and entered into by and among Fifth Street Management LLC, a Delaware limited liability company ("Seller"), Oaktree Capital Management, L.P., a Delaware limited partnership ("Buyer"), Fifth Street Asset Management Inc., a Delaware corporation ("FSAM") (solely for purposes of Article III, Section 6.1(g), Section 6.2, Section 6.7(d), Section 6.8 and Section 6.9, Section 6.10, Section 6.18 and Article I, Article IX and Article X to the extent relating to any of the foregoing) and Fifth Street Holdings L.P., a Delaware limited partnership ("FSH") (solely for purposes of Section 2.6, Article III, Section 6.2, Section 6.8, Section 6.9, Section 6.10, Section 6.11, Section 6.18 and Section 6.21, and Article VIII, and Article I, Article IX and Article X to the extent relating to any of the foregoing).

Capital on Demand Sales Agreement (July 10th, 2017)
Capital on Demand Sales Agreement (July 10th, 2017)
Capital on Demand Sales Agreement (July 10th, 2017)
MidAmerican Energy Holdings Company – In the United States Bankruptcy Court for the District of Delaware (July 7th, 2017)

The Debtors (as defined herein) propose this joint plan of reorganization for the resolution of the outstanding claims against, and interests in, the Debtors pursuant to the Bankruptcy Code. Capitalized terms used herein and not otherwise defined shall have the meanings ascribed to them in Article I.A of the Plan. Holders of Claims and Interests should refer to the EFH Disclosure Statement for a discussion of the Debtors history, businesses, assets, results of operations, historical financial information, events during the Chapter 11 Cases, and projections of future operations, as well as a summary and description of the Plan and certain related matters. The Debtors are the proponents of the Plan within the meaning of section 1129 of the Bankruptcy Code. The Chapter 11 Cases have been consolidated for procedural purposes only and are being jointly administered pursuant to an order of the Bankruptcy Court. Accordingly, the Plan constitutes a separate plan of reorganization for each of t

Fifth Street Asset Management Inc. – AMENDED AND RESTATED CREDIT AGREEMENT Dated as of June 30, 2017 Among Fifth Street Holdings L.P. The Guarantors Party Hereto the Lenders Party Hereto Sumitomo Mitsui Banking Corporation as Administrative Agent and CORTLAND CAPITAL MARKET SERVICES LLC as Collateral Agent Morgan Stanley Senior Funding, Inc. Sumitomo Mitsui Banking Corporation as Joint Lead Arrangers and Joint Bookrunners for the Existing Credit Agreement Morgan Stanley Senior Funding, Inc. As Syndication Agent for the Existing Credit Agreement (July 7th, 2017)

THIS AMENDED AND RESTATED CREDIT AGREEMENT, dated as of June 30, 2017, is entered into by and among FIFTH STREET HOLDINGS L.P., a Delaware limited partnership (the "Borrower"), the Guarantors (as defined below) party hereto from time to time, the lenders identified on the signature pages hereof (such lenders, together with their respective successors and permitted assigns, are referred to hereinafter each individually as a "Lender" and collectively as the "Lenders"), Sumitomo Mitsui Banking Corporation ("SMBC"), as administrative agent for the Lenders (together with its successors and assigns in such capacity, the "Administrative Agent") and CORTLAND CAPITAL MARKET SERVICES LLC, as collateral agent (together with its successors and assigns in such capacity, the "Collateral Agent").

Sienna Biopharmaceuticals, Inc. – SIENNA BIOPHARMACEUTICALS, INC. AMENDED AND RESTATED INVESTORS RIGHTS AGREEMENT April 12, 2017 (July 3rd, 2017)

THIS AMENDED AND RESTATED INVESTORS RIGHTS AGREEMENT (this Agreement), is made as of April 12, 2017, by and among Sienna Biopharmaceuticals, Inc., a Delaware corporation (the Company), each of the investors listed on Schedule A hereto, each of which is referred to in this Agreement as an Investor, and each of the stockholders listed on Schedule B hereto, each of whom is referred to herein as a Key Holder.

Kala Pharmaceuticals, Inc. – KALA PHARMACEUTICALS, INC. THIRD AMENDED AND RESTATED REGISTRATION RIGHTS AGREEMENT April 6, 2016 (June 23rd, 2017)

This Third Amended and Restated Registration Rights Agreement, dated as of April 6, 2016 (this Agreement), is entered into by and among Kala Pharmaceuticals, Inc., a Delaware corporation (the Company), the individuals and entities listed on Schedule A attached hereto (collectively, the Investors and each individually, an Investor) and the individual listed on Schedule B attached hereto (the Key Holder, and together with the Investors, the Stockholders).

Workhorse Group Inc. – Workhorse Group Inc. $25,000,000 Shares Common Stock At-The-Market Offering Program Sales Agreement (June 22nd, 2017)