West Virginia Sample Contracts

C&J Energy Services Ltd. – Employment Agreement (September 18th, 2018)

This Employment Agreement (this "Agreement") is entered into effective as of September 17, 2018 (the "Effective Date"), by and between C&J Spec-Rent Services, Inc., an Indiana company (the "Company"), and Jan Kees van Gaalen ("Executive").

Communications Sales & Leasing, Inc. – Severance Agreement (September 14th, 2018)

This Severance Agreement (the "Agreement"), dated as of September 10, 2018 (the "Effective Date"), is made by and between Uniti Group Inc., a Maryland corporation (the "Corporation"), and Daniel L. Heard ("Executive").

Communications Sales & Leasing, Inc. – Severance Agreement (September 14th, 2018)

This Severance Agreement (the "Agreement"), dated as of September 10, 2018 (the "Effective Date"), is made by and between Uniti Group Inc., a Maryland corporation (the "Corporation"), and Mark A. Wallace ("Executive").

Streamline Health Solutions, Inc. – Employment Agreement (September 12th, 2018)

This EMPLOYMENT AGREEMENT (together with Exhibit A, the "Agreement") is entered as of September 10th, 2018, by and between Streamline Health Solutions, Inc., a Delaware corporation with its headquarters in Atlanta, Georgia (the "Company"), and Thomas J. Gibson, a resident of the state of Georgia ("Executive").

Agree Realty Corporation – AGREE REALTY CORPORATION 3,500,000 Shares of Common Stock (Par Value $0.0001 Per Share) UNDERWRITING AGREEMENT (September 7th, 2018)
New Residential Investment Corp – SECOND AMENDED AND RESTATED INDENTURE NRZ ADVANCE RECEIVABLES TRUST 2015-On1, as Issuer and DEUTSCHE BANK NATIONAL TRUST COMPANY, as Indenture Trustee, Calculation Agent, Paying Agent and Securities Intermediary and HLSS HOLDINGS, LLC, as Administrator and CREDIT SUISSE AG, NEW YORK BRANCH, as Administrative Agent and OCWEN LOAN SERVICING, LLC, and NEW RESIDENTIAL MORTGAGE LLC and NEW PENN FINANCIAL, LLC D/B/a SHELLPOINT MORTGAGE SERVICING Dated as of September 7, 2018 NRZ ADVANCE RECEIVABLES TRUST 2015-On1 ADVANCE RECEIVABLES BACKED NOTES, ISSUABLE IN SERIES (September 7th, 2018)

This SECOND AMENDED AND RESTATED INDENTURE (as amended, supplemented, restated, or otherwise modified from time to time, the "Indenture"), is made and entered into as of September 7, 2018 (the "Effective Date"), by and among NRZ ADVANCE RECEIVABLES TRUST 2015-ON1, a statutory trust organized under the laws of the State of Delaware (the "Issuer"), DEUTSCHE BANK NATIONAL TRUST COMPANY, a national banking association, in its capacity as Indenture Trustee (the "Indenture Trustee"), and as Calculation Agent, Paying Agent and Securities Intermediary (in each case, as defined below), HLSS HOLDINGS, LLC, a limited liability company organized under the laws of the State of Delaware ("HLSS"), NEW RESIDENTIAL MORTGAGE LLC, a limited liability company organized under the laws of the State of Delaware ("NRM"), NEW PENN FINANCIAL, LLC d/b/a SHELLPOINT MORTGAGE SERVICING, a limited liability company organized under the laws of the State of Delaware ("Shellpoint"), OCWEN LOAN SERVICING, LLC, a limited

ARC Group, Inc. – Master Lease Agreement (September 5th, 2018)

THIS MASTER LEASE AGREEMENT (this "Lease") is made as of August 30, 2018 (the "Effective Date"), by and between STORE CAPITAL ACQUISITIONS, LLC, a Delaware limited liability company ("Lessor"), whose address is 8377 E. Hartford Dr., Suite 100, Scottsdale, Arizona 85255, and ARC GROUP INC., a Nevada corporation ("Lessee"), whose address is 6327-4 Argyle Forest Blvd., Jacksonville, FL 32244. Capitalized terms not defined herein shall have the meanings set forth in Exhibit A hereto.

Purchase and Sale Agreement (September 5th, 2018)

THIS PURCHASE AND SALE AGREEMENT ("Agreement") is made as of the 31st day of August, 2018 (the "Effective Date"), by and among Lexington Realty Trust, a Maryland real estate investment trust ("LXP") and Lepercq Corporate Income Fund L.P., a Delaware limited partnership ("LCIF"; LXP and LCIF are collectively referred to herein as "Seller"), and LX JV Investor LLC, a Delaware limited liability company ("DK").

Nine Energy Service, Inc. – Amended and Restated Employment Agreement (August 30th, 2018)
Carter Validus Mission Critical REIT, Inc. – August 23, 2018 (August 27th, 2018)

Third Amended and Restated Credit Agreement dated February 1, 2018 by and among Carter/Validus Operating Partnership, LP ("Borrower"), KeyBank National Association, as Agent ("Agent"), and the lenders from time to time a party thereto, as amended by that certain First Amendment to Third Amended and Restated Credit Agreement dated as of August 13, 2018 (the "Credit Agreement")

Settlement Agreement (August 27th, 2018)

This Settlement Agreement (this "Agreement") is made as of August 26, 2018, by and among: (1) the Debtors;1 (2) the FE Non-Debtor Parties; (3) the Ad Hoc Noteholders Group; (4) the Bruce Mansfield Certificateholders Group; and (5) the Committee.

Contura Energy, Inc. – Stipulation Regarding Water Treatment Obligations (August 21st, 2018)

THIS STIPULATION (as it may be amended or modified from time to time, this "Stipulation") is made and entered into as of July 12, 2016, by and among: (a) Alpha Natural Resources, Inc. ("ANR"), on behalf of itself and its debtor-affiliates (collectively with ANR, the "Debtors" or, when used in reference to such Debtors on or after the Effective Date (as defined herein), the "Reorganized Debtors"); (b) Contura Energy, Inc. (the "Purchaser"); (c) Citicorp North America, Inc. (the "First Lien Agent"); and (d) the United States Environmental Protection Agency ("EPA" and, collectively with the Debtors, the Purchaser and the First Lien Agent, the "Parties").

Contura Energy, Inc. – First Amendment to Permitting and Reclamation Plan Settlement Agreement for the Commonwealth of Virginia (August 21st, 2018)

THIS AMENDMENT (this "First Amendment") is made and entered into this 23rd of October, 2017 (the "Effective Date"), by and among ANR, Inc. on behalf of itself and its affiliates, including Old ANR, LLC (f/k/a Alpha Natural Resources, Inc.) (collectively ("ANR"), Contura Energy, Inc. ("Contura") and the Virginia Department of Mines, Minerals and Energy (the "Department" and collectively with ANR and Contura, the "Parties");

Contura Energy, Inc. – Amended Reclamation Funding Agreement (August 21st, 2018)

THIS AMENDED RECLAMATION FUNDING AGREEMENT (as it may be amended or modified from time to time, this "Amended Reclamation Funding Agreement") is made and entered into as of October 23, 2017, by and among: ANR, Inc. ("ANR"), on behalf of itself and its affiliates; Lexington Coal Company, L.L.C. (the "Purchaser"); Contura Energy, Inc. ("Contura"); the Illinois Department of Natural Resources ("IDNR"); the Kentucky Energy and Environment Cabinet, Department for Natural Resources ("KYEEC"); the United States Department of the Interior, Office of Surface Mining, Reclamation and Enforcement, in its capacity as the regulatory authority over surface mining operations in the State of Tennessee ("OSMRE"); the Virginia Department of Mines, Minerals and Energy ("VDMME"); and the West Virginia Department of Environmental Protection ("WVDEP") (collectively, the "Regulatory Authorities" and, together with ANR, Contura and the Purchaser, the "Parties").

Contura Energy, Inc. – Amended Stipulation Regarding (August 21st, 2018)

THIS AMENDED STIPULATION is made and entered into as of October 23, 2017 (the "Effective Date") by and among: (a) ANR, Inc., on behalf of itself and its debtor-affiliates (collectively "ANR"; (b) Lexington Coal Company, LLC (the "Purchaser"); and (c) the United States Environmental Protection Agency ("EPA"); collectively, the "Parties").

Contura Energy, Inc. – Asset-Based Revolving Credit Agreement (August 21st, 2018)
Contura Energy, Inc. – Amendment To (August 21st, 2018)

THIS AMENDMENT (this "Amendment") to the Permitting and Reclamation Plan Settlement Agreement for the State of West Virginia (as it may be amended or modified from time to time, the "Settlement Agreement") is made and entered into as of July 25, 2016, by and among Alpha Natural Resources, Inc. ("ANR"), on behalf of itself and its debtor-affiliates (collectively with ANR, the "Debtors" or, when used in reference to such Debtors on or after the Effective Date (as defined herein), the "Reorganized Debtors"), Contura Energy, Inc. (the "Purchaser") and the West Virginia Department of Environmental Protection (the "Department" and, collectively with the Debtors and the Purchaser, the "Parties").

Contura Energy, Inc. – Permitting and Reclamation Plan Settlement Agreement for the State of West Virginia (August 21st, 2018)

THIS AGREEMENT (as it may be amended or modified from time to time, this "Settlement Agreement") is made and entered into as of July 12, 2016, by and among Alpha Natural Resources, Inc. ("ANR"), on behalf of itself and its debtor-affiliates (collectively with ANR, the "Debtors" or, when used in reference to such Debtors on or after the Effective Date (as defined herein), the "Reorganized Debtors"), Contura Energy, Inc. (the "Purchaser") and the West Virginia Department of Environmental Protection (the "Department" and, collectively with the Debtors and the Purchaser, the "Parties").

Contura Energy, Inc. – Second Amendment to Permitting and Reclamation Plan Settlement Agreement for the State of West Virginia (August 21st, 2018)

THIS AMENDMENT (this "Second Amendment") is made and entered into as of October 23, 2017, by and among ANR, Inc., on behalf of itself and its affiliates ("ANR"), and the West Virginia Department of Environmental Protection (the "Department" and, collectively with ANR, the "Parties").

Contura Energy, Inc. – Permitting and Reclamation Plan Settlement Agreement for the State of Illinois (August 21st, 2018)

THIS AGREEMENT (as it may be amended or modified from time to time, this "Settlement Agreement") is made and entered into as of July 12, 2016, by and among Alpha Natural Resources, Inc. ("ANR"), on behalf of itself and its debtor-affiliates (collectively with ANR, the "Debtors" or, when used in reference to such Debtors on or after the Effective Date (as defined herein), the "Reorganized Debtors"), Contura Energy, Inc. (the "Purchaser") and the Illinois Department of Natural Resources (the "Department" and, collectively with the Debtors and the Purchaser, the "Parties").

Contura Energy, Inc. – First Amendment to Permitting and Reclamation Plan Settlement Agreement for the State of Illinois (August 21st, 2018)

THIS AMENDMENT (this "First Amendment") is made and entered into this 23rd of October, 2017 (the "Effective Date"), by and among Alpha Natural Resources, Inc. ("ANR"), on behalf of itself and its affiliates, Contura Energy, Inc. ("Contura") and Illinois Department of Natural Resources (the "Department" and collectively with ANR and Contura, the "Parties");

Contura Energy, Inc. – Termination Agreement (August 21st, 2018)

THIS TERMINATION AGREEMENT is made and entered into this 23rd of October, 2017 (the "Effective Date"), by and among Alpha Natural Resources ("ANR"), on behalf of itself and its affiliates, Contura Energy, Inc. ("Contura") and the Kentucky Energy and Environmental Cabinet, Department for Natural Resources (the "Department" and collectively with ANR and Contura, the "Parties");

Contura Energy, Inc. – Permitting and Reclamation Plan Settlement Agreement for the Commonwealth of Virginia (August 21st, 2018)

THIS AGREEMENT (as it may be amended or modified from time to time, this "Agreement") is made and entered into as of July 12, 2016, by and among Alpha Natural Resources, Inc. ("ANR"), on behalf of itself and its debtor-affiliates (collectively with ANR, the "Debtors" or, when used in reference to such Debtors on or after the Effective Date (as defined herein, the "Reorganized Debtors"), Contura Energy, Inc. (the "Purchaser") and the Commonwealth of Virginia, Department of Mines, Minerals and Energy (the "Department" and, collectively with the Debtors and the Purchaser, the "Parties").

Contura Energy, Inc. – Permitting and Reclamation Plan Settlement Agreement for the Commonwealth of Kentucky (August 21st, 2018)

THIS AGREEMENT (as it may be amended or modified from time to time, this "Settlement Agreement") is made and entered into as of July 12, 2016, by and among Alpha Natural Resources, Inc. ("ANR"), on behalf of itself and its debtor-affiliates (collectively with ANR, the "Debtors" or, when used in reference to such Debtors on or after the Effective Date (as defined herein), the "Reorganized Debtors"), Contura Energy, Inc. (the "Purchaser") and the Kentucky Energy and Environment Cabinet, Department for Natural Resources (the "Department" and, collectively with the Debtors and the Purchaser, the "Parties").

Contura Energy, Inc. – CREDIT AGREEMENT Among CONTURA ENERGY, INC., as Borrower, (August 21st, 2018)

This CREDIT AGREEMENT (as amended, supplemented or otherwise modified, the "Agreement") is entered into as of March 17, 2017, among CONTURA ENERGY, INC., a Delaware corporation (the "Borrower"), each lender from time to time party hereto (collectively, the "Lenders" and, individually, a "Lender"), and JEFFERIES FINANCE LLC, as Administrative Agent and Collateral Agent.

Contura Energy, Inc. – Reclamation Funding Agreement (August 21st, 2018)

THIS AGREEMENT (as it may be amended or modified from time to time, this "Reclamation Funding Agreement") is made and entered into as of July 12, 2016, by and among: Alpha Natural Resources, Inc. ("ANR"), on behalf of itself and its debtor-affiliates (collectively with ANR, the "Debtors" or, when used in reference to such Debtors on or after the Effective Date (as defined herein), the "Reorganized Debtors"); Contura Energy, Inc. (the "Purchaser"); the Illinois Department of Natural Resources; the Kentucky Energy and Environment Cabinet, Department for Natural Resources; the United States Department of the Interior, Office of Surface Mining, Reclamation and Enforcement, in its capacity as the regulatory authority over surface mining operations in the State of Tennessee ("OSMRE"); the Virginia Department of Mines, Minerals and Energy; and the West Virginia Department of Environmental Protection (collectively, the "Regulatory Authorities" and, together with the Debtors and the Purchaser,

Contura Energy, Inc. – Settlement Agreement (August 21st, 2018)

THIS AGREEMENT (as it may be amended or modified from time to time, this "Settlement Agreement") is made and entered into as of July 12, 2016, by and among: (a) Alpha Natural Resources, Inc. ("ANR"), on behalf of itself and its debtor-affiliates (collectively with ANR, the "Debtors" or, when used in reference to such Debtors on or after the Effective Date (as defined herein), the "Reorganized Debtors"); (b) Contura Energy, Inc. (the "Purchaser"); (c) Citicorp North America, Inc. (the "First Lien Agent"); (d) the United States Department of the Interior (the "Department" and, collectively with the Debtors and the Purchaser, the "Parties"), on behalf of (i) the Office of Surface Mining, Reclamation and Enforcement ("OSMRE"), including in its capacity as the regulatory authority over surface mining operations in the State of Tennessee ("Tennessee"), (ii) the Office of Natural Resources Revenue ("ONRR") and (iii) the Bureau of Land Management ("BLM").

KLX Energy Services Holdings, Inc. – Form of Amended and Restated Employment Agreement (August 15th, 2018)

This Amended and Restated Employment Agreement (this Agreement) is entered as of [*], 2018, by and between KLX Energy Services Holdings, Inc., a Delaware corporation (the Company), and Gary J. Roberts (the Executive).

Carbon Natural Gas Co – Membership Interest Purchase Agreement (August 14th, 2018)

This Membership Interest Purchase Agreement (this "Agreement"), dated as of May 4, 2018 (the "Execution Date"), is made and entered into by and among Old Ironsides Fund II-A Portfolio Holding Company, LLC, a Delaware limited liability company ("OIE Fund II-A") and Old Ironsides Fund II-B Portfolio Holding Company, LLC, a Delaware limited liability company ("OIE Fund II-B," and each of OIE Fund II-A and OIE Fund II-B, a "Seller," and together, the "Sellers"), and Carbon Natural Gas Company, a Delaware corporation (the "Purchaser") and concerns the Class A Units of Carbon Appalachian Company, LLC, a Delaware limited liability company (the "Company") held by the Sellers. Capitalized terms used but not defined herein shall have the respective meanings given to such terms in the LLC Agreement (as defined herein).

ARC Group, Inc. – Purchase and Sale Agreement (August 9th, 2018)

THIS PURCHASE AND SALE AGREEMENT (this "Agreement") is made and entered into as of August 3, 2018 ("Effective Date"), by and between STORE CAPITAL ACQUISITIONS, LLC, a Delaware limited liability company ("Purchaser"), and ARC GROUP INC., a Nevada corporation ("Seller"). Except as otherwise expressly defined herein, capitalized terms will have the meanings set forth on Exhibit A attached hereto and incorporated herein by this reference. For and in consideration of the mutual covenants and promises hereinafter set forth, the parties hereby mutually covenant and agree as follows:

Barnes & Noble – General Release and Waiver (August 9th, 2018)
ARC Group, Inc. – Asset Purchase Agreement (August 9th, 2018)

THIS ASSET PURCHASE AGREEMENT (this "Agreement") is made and entered into this 3rd day of August, 2018, by and among ARC Group, Inc., a Nevada corporation ("Purchaser"), CSA, Inc., a West Virginia corporation ("CSA"), CSA Investments, LLC, a West Virginia limited liability company ("CSA Investments"), CSA of Teays Valley, Inc., a West Virginia corporation ("CSA Teays Valley"), CSA, Inc. of Ashland, a Kentucky corporation ("CSA Ashland"), Fat Patty's, LLC, a West Virginia limited liability company ("FPLLC"), and Clint Artrip, an individual ("Owner"). CSA, CSA Investments, CSA Teays Valley, CSA Ashland, FPLLC and Owner are sometimes referred to herein individually as a "Seller" and collectively as "Sellers").

American Public Education – American Public Education, Inc. Executive Employment Agreement (August 8th, 2018)

THIS EXECUTIVE EMPLOYMENT AGREEMENT (the "Agreement"), entered into as of this 3rd day of May, 2018 is to be effective as of the 7th day of May, 2018 (the "Effective Date"), by and among American Public Education, Inc., a Delaware corporation (the "Company") and Patrik Dyberg (the "Executive").

Easterly Government Properties, Inc. – Purchase and Sale Agreement and Escrow Instructions (August 7th, 2018)

THIS PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS (this "Agreement") is made and entered into as of June 15, 2018 (the "Effective Date") between the Sellers listed on Exhibit A (each, a "Seller" and collectively, "Sellers"), on one hand, and Easterly Government Properties LP, a Delaware limited partnership ("Purchaser"), on the other hand.

CrossAmerica Partners LP – Sixth Amendment to Third Amended and Restated Credit Agreement (August 7th, 2018)

THIS SIXTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT (this "Amendment"), dated as of July 27, 2018, is by and among CROSSAMERICA PARTNERS LP (formerly known as Lehigh Gas Partners LP), a Delaware limited partnership (the "Partnership"), LEHIGH GAS WHOLESALE SERVICES, INC., a Delaware corporation ("Services" and together with the Partnership, the "Borrowers"), the Material Domestic Subsidiaries of the Borrowers party hereto (collectively, the "Guarantors"), the Lenders (as defined below) party hereto and CITIZENS BANK OF PENNSYLVANIA, as administrative agent on behalf of the Lenders under the Credit Agreement (as hereinafter defined) (in such capacity, the "Administrative Agent"). Capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed thereto in the Credit Agreement.