Utah Sample Contracts

California Republic Auto Receivables Trust 2018-1 – MECHANICS BANK, as Seller, and CALIFORNIA REPUBLIC FUNDING, LLC, as Purchaser RECEIVABLES PURCHASE AGREEMENT Dated as of June 1, 2018 (June 22nd, 2018)

This RECEIVABLES PURCHASE AGREEMENT, dated as of June 1, 2018 (as amended, restated, supplemented or otherwise modified from time to time, this "Agreement"), is between MECHANICS BANK, a California corporation authorized to transact a banking business (the "Seller"), and CALIFORNIA REPUBLIC FUNDING, LLC, a Delaware limited liability company (the "Purchaser").

Second Supplemental Indenture (June 22nd, 2018)

SECOND SUPPLEMENTAL INDENTURE (this Supplemental Indenture), dated as of June 21, 2018, among Century Communities, Inc., a Delaware corporation (the Company), those companies listed in the Schedule to this Supplemental Indenture (the Guaranteeing Subsidiaries), each a subsidiary of the Company, the other Guarantors (as defined in the Indenture referred to herein), and U.S. Bank National Association, as trustee under the Indenture (the Trustee).

Securities Purchase Agreement (June 22nd, 2018)

THIS SECURITIES PURCHASE AGREEMENT (this "Agreement"), dated as of March 28, 2018, is entered into by and between BEYOND COMMERCE, INC., a Nevada corporation ("Company"), and ILIAD RESEARCH AND TRADING, L.P., a Utah limited partnership, its successors and/or assigns ("Investor").

Convertible Promissory Note (June 22nd, 2018)

This Note carries an OID of $90,000.00. In addition, Borrower agrees to pay $10,000.00 to Lender to cover Lender's legal fees, accounting costs, due diligence, monitoring and other transaction costs incurred in connection with the purchase and sale of this Note (the "Transaction Expense Amount"), all of which amount is included in the initial principal balance of this Note. The purchase price for this Note and the Warrants (as defined in the Purchase Agreement) shall be $900,000.00 (the "Purchase Price"), computed as follows: $1,000,000.00 original principal balance, less the OID, less the Transaction Expense Amount. The Purchase Price shall be payable by delivery to Borrower at Closing of the Investor Notes (as defined in the Purchase Agreement) and a wire transfer of immediately available funds in the amount of the Initial Cash Purchase Price (as defined in the Purchase Agreement). This Note shall be comprised of seven (7) tranches (each, a "Tranche"), consisting of (i) an initial Tr

Eighth Supplemental Indenture (June 22nd, 2018)

EIGHTH SUPPLEMENTAL INDENTURE (this Supplemental Indenture), dated as of June 21, 2018, among Century Communities, Inc., a Delaware corporation (the Company), those companies listed in the Schedule to this Supplemental Indenture (the Guaranteeing Subsidiaries), each a subsidiary of the Company, the other Guarantors (as defined in the Indenture referred to herein), and U.S. Bank National Association, as trustee under the Indenture (the Trustee).

Contract (June 22nd, 2018)

THIS WARRANT AND THE COMMON STOCK ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED. THIS WARRANT AND THE COMMON STOCK ISSUABLE HEREUNDER MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT AS TO THIS WARRANT OR ANY SHARES ISSUABLE HEREUNDER UNDER SUCH ACT AND ANY APPLICABLE STATE SECURITIES LAW OR AN OPINION OF COUNSEL REASONABLY SATISFACTORY TO BEYOND COMMERCE, INC. OR ITS TRANSFER AGENT THAT SUCH REGISTRATION IS NOT REQUIRED.

Establishment Labs Holdings Inc. – Development, Supply & License Agreement (June 21st, 2018)

THIS DEVELOPMENT, SUPPLY & LICENSE AGREEMENT ("Agreement"), dated as of the 13th day of December, 2011 (the "Effective Date") is between AorTech International plc with its Affiliates' principal place of business at 19725 South Diamond Lake Road, Rogers Minnesota 55374 ("AorTech") on the one hand, and Establishment Labs, S.A., a Costa Rican corporation with its principal place of business at B15, Zona Franca Coyol, Alajuela, Costa Rica ( "EL"). AorTech and EL are referred together as the "Parties" or separately as a "Party."

Contract (June 21st, 2018)

FOURTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT, dated as of June 20, 2018 (this Amendment), is made and entered into by and among Endurance International Group Holdings, Inc., a Delaware corporation (Holdings), EIG Investors Corp., a Delaware corporation (the Borrower), each of the entities listed under the caption Refinancing Lenders on the signature pages hereto (each, a Refinancing Lender and, collectively the Refinancing Lenders), each of the entities listed under the caption Extending Revolving Lenders on the signature pages hereto (each, an Extending Revolving Lender and, collectively the Extending Revolving Lenders), and Credit Suisse AG, Cayman Islands Branch, as Issuing Bank and Administrative Agent (solely in such capacity, the Administrative Agent).

Ally Auto Receivables Trust 2018-3 – Custodian Agreement Between Ally Bank, Custodian and Ally Auto Assets Llc, Depositor Dated as of June 27, 2018 (June 20th, 2018)

This CUSTODIAN AGREEMENT, dated as of June 27, 2018, is made between ALLY BANK, a Utah chartered bank, as custodian (Ally Bank or the Custodian), and ALLY AUTO ASSETS LLC, a Delaware limited liability company, as depositor (the Depositor).

Ally Auto Receivables Trust 2018-3 – Pooling Agreement Between Ally Auto Assets Llc and Ally Bank Dated as of June 27, 2018 (June 20th, 2018)

THIS POOLING AGREEMENT, dated as of June 27, 2018, is between ALLY AUTO ASSETS LLC, a Delaware limited liability company (Ally Auto), and ALLY BANK, a Utah chartered bank (the Seller).

Ally Auto Receivables Trust 2018-3 – Administration Agreement Among Ally Auto Receivables Trust 2018-3, Issuing Entity, Ally Bank, Administrator and Deutsche Bank Trust Company Americas, Indenture Trustee Dated as of June 27, 2018 (June 20th, 2018)

ADMINISTRATION AGREEMENT, dated as of June 27, 2018, is among ALLY AUTO RECEIVABLES TRUST 2018-3, a Delaware statutory trust, as issuer (the Issuing Entity), ALLY BANK, a Utah chartered bank, as administrator (Ally Bank or the Administrator), and DEUTSCHE BANK TRUST COMPANY AMERICAS, a New York banking corporation, not in its individual capacity but solely as indenture trustee (the Indenture Trustee).

Ally Auto Receivables Trust 2018-3 – Servicing Agreement Among Ally Bank Ally Auto Assets Llc and Ally Auto Receivables Trust 2018-3 Dated as of June 27, 2018 (June 20th, 2018)

THIS SERVICING AGREEMENT, dated as of June 27, 2018, is among ALLY BANK, a Utah chartered bank (Ally Bank which, in its capacity as servicer under this Agreement, is referred to as the Servicer), ALLY AUTO ASSETS LLC, a Delaware limited liability company (the Depositor), and ALLY AUTO RECEIVABLES TRUST 2018-3, a Delaware statutory trust (the Issuing Entity).

Converge Global Inc/Ca – Joint Venture Agreement (June 19th, 2018)

GLOBAL HEMP GROUP INC., a company duly incorporated under the British Columbia Business Corporations Act and having its registered office located at #106 - 1169 Mt. Seymour Road, North Vancouver, BC V7H 2Y4, hereby represented by Charles Larsen, President and CEO, duly authorized as he so declares;

Domo, Inc. – Domo, Inc. Change in Control and Severance Agreement (June 18th, 2018)

This Change in Control and Severance Agreement (the "Agreement") is made between Domo, Inc. (the "Company") and [______] (the "Executive"), effective as of _________________, 2018 (the "Effective Date").

Domo, Inc. – June 15, 2018 (June 18th, 2018)
Domo, Inc. – Executive Incentive Compensation Plan (June 18th, 2018)
Cryptosign, Inc. – Consulting Services Agreement (June 18th, 2018)

This Consulting Services Agreement (this "Agreement"), is entered into this 14th day of June 2018, by and between Go Fund LLC (the "Consultant") and NewBridge Global Ventures, Inc. (the "Client"). The Consultant or the Client sometimes referred to as a "Party" and together referred to as the "Parties".

Domo, Inc. – Domo, Inc. 2018 Employee Stock Purchase Plan (June 18th, 2018)
Domo, Inc. – June 17, 2018 Joshua G. James C/O Domo, Inc. (June 18th, 2018)
Domo, Inc. – Domo, Inc. 2018 Equity Incentive Plan (June 18th, 2018)
Domo, Inc. – June 16, 2018 Catherine Wong C/O Domo, Inc. (June 18th, 2018)
Cirtran Corp – Amendment No. 1 to Employment Agreement (June 18th, 2018)

THIS AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT ("Amendment") is entered into effective as of September 3, 2017 (the "Effective Date"), by and between CirTran Corporation, a Nevada corporation ("Employer"), and Iehab J. Hawatmeh ("Employee"), and reinstates and amends that certain Employment Agreement dated August 1, 2009, between Employer and Employee (together the "Agreement").

Domo, Inc. – Domo, Inc. Indemnification Agreement (June 18th, 2018)

This Indemnification Agreement (this "Agreement") is dated as of [insert date], and is between Domo, Inc., a Delaware corporation (the "Company"), and [insert name of indemnitee] ("Indemnitee").

Strongbow Resources Inc. – Fortem Resources Announces Amendments to Extend Payment Obligations Under Utah Property Purchase Agreements (June 15th, 2018)

On May 28, 2018, but effective as of March 1, 2017, the Companys wholly-owned subsidiary Black Dragon Energy, LLC (Black Dragon) entered into a Second Amendment to Purchase and Sale Agreement (the BD Amendment), which amended the terms of the Purchase and Sale Agreement dated effective March 1, 2017 (the BD PSA), between WEM Dragon, LLC (WEM) and Black Dragon with respect to the Moenkopi formation and has the effect of postponing certain payments relating to certain of its Utah property interests until August 1, 2019, provided that, if the shares of common stock of the Company are not listed on the TSX Venture Exchange on or before August 1, 2018, the payment deadline will remain December 31, 2018.

USA Compression Partners Lp – USA COMPRESSION PARTNERS, LP 5,000,000 Common Units Representing Limited Partner Interests UNDERWRITING AGREEMENT June 12, 2018 (June 14th, 2018)
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:

CREDIT AGREEMENT Dated as of June 8, 2018 Among REPUBLIC SERVICES, INC., as the Borrower, BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer, JPMORGAN CHASE BANK, N.A. And WELLS FARGO BANK, NATIONAL ASSOCIATION, as Co-Syndication Agents BNP PARIBAS, MIZUHO BANK, LTD., MUFG BANK, LTD., SUMITOMO MITSUI BANKING CORPORATION, SUNTRUST BANK, THE BANK OF NOVA SCOTIA, and U.S. BANK NATIONAL ASSOCIATION, as Co-Documentation Agents the Other Lenders Party Hereto MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED, JPMORGAN CHASE BANK, N.A. And WELLS FARGO SECURITIES, LLC, as (June 11th, 2018)

This CREDIT AGREEMENT (this Agreement) is entered into as of June 8, 2018, among REPUBLIC SERVICES, INC., a Delaware corporation (the Borrower), each lender from time to time party hereto (collectively, the Lenders and individually, a Lender), and BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and an L/C Issuer.

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.

Union Pacific Railroad – Unless This Certificate Is Presented by an Authorized Representative of the Depository Trust Company, a New York Corporation ("DTC"), to the Issuer or Its Agent for Registration of Transfer, Exchange or Payment, and Any Certificate Issued Is Registered in the Name of Cede & Co. Or Such Other Name as Is Requested by an Authorized Representative of DTC (And Any Payment Is Made to Cede & Co. Or to Such Other Entity as Is Requested by an Authorized Representative of DTC), Any Transfer, Pledge or Other Use Hereof for Value or Otherwise by or to Any Person Is Wrongful Since the Registered Owner Here (June 8th, 2018)

This Security is a Global Security as referred to in the Indenture hereinafter referenced. Unless and until it is exchanged in whole or in part for the individual Securities represented hereby, this Global Security may not be transferred except as a whole by the Depositary to a nominee of the Depositary or by a nominee of the Depositary to the Depositary or another nominee of the Depositary or by the Depositary or any such nominee to a successor depositary or a nominee of such successor depositary.

Union Pacific Railroad – Unless This Certificate Is Presented by an Authorized Representative of the Depository Trust Company, a New York Corporation ("DTC"), to the Issuer or Its Agent for Registration of Transfer, Exchange or Payment, and Any Certificate Issued Is Registered in the Name of Cede & Co. Or Such Other Name as Is Requested by an Authorized Representative of DTC (And Any Payment Is Made to Cede & Co. Or to Such Other Entity as Is Requested by an Authorized Representative of DTC), Any Transfer, Pledge or Other Use Hereof for Value or Otherwise by or to Any Person Is Wrongful Since the Registered Owner Here (June 8th, 2018)

This Security is a Global Security as referred to in the Indenture hereinafter referenced. Unless and until it is exchanged in whole or in part for the individual Securities represented hereby, this Global Security may not be transferred except as a whole by the Depositary to a nominee of the Depositary or by a nominee of the Depositary to the Depositary or another nominee of the Depositary or by the Depositary or any such nominee to a successor depositary or a nominee of such successor depositary.

Union Pacific Railroad – Unless This Certificate Is Presented by an Authorized Representative of the Depository Trust Company, a New York Corporation ("DTC"), to the Issuer or Its Agent for Registration of Transfer, Exchange or Payment, and Any Certificate Issued Is Registered in the Name of Cede & Co. Or Such Other Name as Is Requested by an Authorized Representative of DTC (And Any Payment Is Made to Cede & Co. Or to Such Other Entity as Is Requested by an Authorized Representative of DTC), Any Transfer, Pledge or Other Use Hereof for Value or Otherwise by or to Any Person Is Wrongful Since the Registered Owner Here (June 8th, 2018)

This Security is a Global Security as referred to in the Indenture hereinafter referenced. Unless and until it is exchanged in whole or in part for the individual Securities represented hereby, this Global Security may not be transferred except as a whole by the Depositary to a nominee of the Depositary or by a nominee of the Depositary to the Depositary or another nominee of the Depositary or by the Depositary or any such nominee to a successor depositary or a nominee of such successor depositary.

AMENDED AND RESTATED CREDIT AGREEMENT Among CENTURY COMMUNITIES, INC., as Borrower THE LENDERS FROM TIME TO TIME PARTY HERETO and TEXAS CAPITAL BANK, NATIONAL ASSOCIATION, as Administrative Agent and L/C Issuer TEXAS CAPITAL BANK, NATIONAL ASSOCIATION, FIFTH THIRD BANK, MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED, and as Joint Lead Arrangers and Joint Book Runners DATED AS OF JUNE 5, 2018 (June 8th, 2018)

THIS AMENDED AND RESTATED CREDIT AGREEMENT (this Agreement), dated as of June 5, 2018, is among CENTURY COMMUNITIES, INC., a Delaware corporation (Borrower), the lenders from time to time party hereto (collectively, Lenders and individually, a Lender), and TEXAS CAPITAL BANK, NATIONAL ASSOCIATION, a national banking association, as Administrative Agent and L/C Issuer.

Union Pacific Railroad – Unless This Certificate Is Presented by an Authorized Representative of the Depository Trust Company, a New York Corporation ("DTC"), to the Issuer or Its Agent for Registration of Transfer, Exchange or Payment, and Any Certificate Issued Is Registered in the Name of Cede & Co. Or Such Other Name as Is Requested by an Authorized Representative of DTC (And Any Payment Is Made to Cede & Co. Or to Such Other Entity as Is Requested by an Authorized Representative of DTC), Any Transfer, Pledge or Other Use Hereof for Value or Otherwise by or to Any Person Is Wrongful Since the Registered Owner Here (June 8th, 2018)

This Security is a Global Security as referred to in the Indenture hereinafter referenced. Unless and until it is exchanged in whole or in part for the individual Securities represented hereby, this Global Security may not be transferred except as a whole by the Depositary to a nominee of the Depositary or by a nominee of the Depositary to the Depositary or another nominee of the Depositary or by the Depositary or any such nominee to a successor depositary or a nominee of such successor depositary.

Union Pacific Railroad – Unless This Certificate Is Presented by an Authorized Representative of the Depository Trust Company, a New York Corporation ("DTC"), to the Issuer or Its Agent for Registration of Transfer, Exchange or Payment, and Any Certificate Issued Is Registered in the Name of Cede & Co. Or Such Other Name as Is Requested by an Authorized Representative of DTC (And Any Payment Is Made to Cede & Co. Or to Such Other Entity as Is Requested by an Authorized Representative of DTC), Any Transfer, Pledge or Other Use Hereof for Value or Otherwise by or to Any Person Is Wrongful Since the Registered Owner Here (June 8th, 2018)

This Security is a Global Security as referred to in the Indenture hereinafter referenced. Unless and until it is exchanged in whole or in part for the individual Securities represented hereby, this Global Security may not be transferred except as a whole by the Depositary to a nominee of the Depositary or by a nominee of the Depositary to the Depositary or another nominee of the Depositary or by the Depositary or any such nominee to a successor depositary or a nominee of such successor depositary.