West Virginia Sample Contracts

C&J Energy Services Ltd. – Amended and Restated Employment Agreement (December 17th, 2018)

This Amended and Restated Employment Agreement (this "Agreement") is entered into effective as of December 11, 2018 (the "Effective Date"), by and between C&J Spec-Rent Services, Inc., an Indiana company (the "Company"), and Donald J. Gawick ("Executive").

C&J Energy Services Ltd. – Amended and Restated Employment Agreement (December 17th, 2018)

This Amended and Restated Employment Agreement (this "Agreement") is entered into effective as of December 11, 2018 (the "Effective Date"), by and between C&J Spec-Rent Services, Inc., an Indiana company (the "Company"), and Danielle Hunter ("Executive").

Energy Focus, Inc. – Loan and Security Agreement (December 14th, 2018)

This LOAN AND SECURITY AGREEMENT (this "Agreement"), dated as of December 11, 2018, is entered into between AUSTIN FINANCIAL SERVICES, INC., a Delaware corporation ("Lender"), and ENERGY FOCUS, INC., a Delaware corporation ("Borrower").

AzurRx BioPharma, Inc. – Contract (December 13th, 2018)
Energy Focus, Inc. – Loan and Security Agreement (December 12th, 2018)

This LOAN AND SECURITY AGREEMENT (this "Agreement"), dated as of December 11, 2018, is entered into between AUSTIN FINANCIAL SERVICES, INC., a Delaware corporation ("Lender"), and ENERGY FOCUS, INC., a Delaware corporation ("Borrower").

UBS Commercial Mortgage Trust 2018-C14 – Mortgage Loan Purchase Agreement (December 12th, 2018)

This Mortgage Loan Purchase Agreement (this "Agreement"), is dated and effective as of November 28, 2018, between UBS AG, by and through its New York branch office at 1285 Avenue of the Americas, New York, New York, as seller (in such capacity, together with its successors and permitted assigns hereunder, the "Mortgage Loan Seller" or "Seller"), and UBS Commercial Mortgage Securitization Corp., as purchaser (in such capacity, together with its successors and permitted assigns hereunder, the "Purchaser").

NGFC Equities, Inc. – ASSET PURCHASE AGREEMENT by and Among SYNERGY COAL, LLC AND WYOMING COUNTY COAL LLC November 7, 2018 ASSET PURCHASE AGREEMENT (December 11th, 2018)

THIS ASSET PURCHASE AGREEMENT (this "Agreement") is entered into as of November 7, 2018, by and among (i) Wyoming County Coal LLC, an Indiana company (the "Buyer"), and (ii) Synergy Coal, LLC, a West Virginia limited liability company (the "Company" or Seller"). The Buyer and the Seller are sometimes each referred to herein individually as a "Party" and collectively as the "Parties."

NGFC Equities, Inc. – ASSET PURCHASE AND SALE AGREEMENT Between THOMAS M. SHELTON and WYOMING COUNTY COAL LLC Dated as of November 7, 2018 ASSET PURCHASE AND SALE AGREEMENT (December 11th, 2018)

THIS ASSET PURCHASE AND SALE AGREEMENT (this "Agreement"), made as of November 7, 2018, by and between THOMAS M. SHELTON, an individual ("Seller"), and WYOMING COUNTY COAL LLC, an Indiana limited liability company ("Buyer").

Summit Hotel Properties – Credit Agreement (December 10th, 2018)

CREDIT AGREEMENT dated as of December 6, 2018 (this "Agreement") among SUMMIT HOTEL OP, LP, a Delaware limited partnership (the "Borrower"), SUMMIT HOTEL PROPERTIES, INC., a Maryland corporation (the "Parent" or the "Parent Guarantor"), the entities listed on the signature pages hereof as the subsidiary guarantors (together with any Additional Guarantors (as hereinafter defined) acceding hereto pursuant to Section 5.01(j), 5.01(x) or 7.05, the "Subsidiary Guarantors" and, together with the Parent Guarantor, the "Guarantors"), the banks, financial institutions and other institutional lenders listed on the signature pages hereof as the initial lenders (the "Initial Lenders"), the Swing Line Banks (as hereinafter defined), DEUTSCHE BANK AG NEW YORK BRANCH ("DBNY"), BANK OF AMERICA, N.A., REGIONS BANK and U.S. BANK NATIONAL ASSOCIATION, as the initial issuers of Letters of Credit (as hereinafter defined) (the "Initial Issuing Banks"), DBNY, as administrative agent (together with any succes

Mvb Financial Corp – MVB FINANCIAL CORP. Issuer to Trustee SUBORDINATED INDENTURE Dated as of Subordinated Debt Securities (December 6th, 2018)

SUBORDINATED INDENTURE, dated as of (the Indenture), is made by and between MVB FINANCIAL CORP., a corporation duly organized and existing under the laws of the State of West Virginia (the Company), having its principal office at 301 Virginia Avenue, Fairmont, West Virginia 26554, and , a banking corporation, having its principal office at , not in its individual capacity but solely as Trustee (the Trustee).

Mvb Financial Corp – Contract (December 6th, 2018)
Ardent Health Partners, LLC – TERM LOAN CREDIT AGREEMENT Dated as of June 28, 2018 Among AHP HEALTH PARTNERS, INC., as Borrower, ARDENT HEALTH PARTNERS, LLC, as Parent, and CERTAIN OF ITS SUBSIDIARIES, as the Guarantors, BARCLAYS BANK PLC, as Administrative Agent, and the Other Lenders Party Hereto Arranged By: BARCLAYS BANK PLC, JEFFERIES FINANCE LLC, and MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED as Joint Lead Arrangers and Joint Book Runners (December 4th, 2018)
FINANCING AGREEMENT Dated as of November 30, 2018 by and Among (December 4th, 2018)

Financing Agreement, dated as of November 30, 2018, by and among DBM Global Inc., a Delaware corporation ("DBM" or the "Company"), each subsidiary of DBM listed as a "Borrower" on the signature pages hereto (together with DBM and each other Person that executes a joinder agreement and becomes a "Borrower" hereunder, each a "Borrower" and collectively, the "Borrowers"), each subsidiary of DBM listed as a "Guarantor" on the signature pages hereto (together with each other Person that executes a joinder agreement and becomes a "Guarantor" hereunder, each a "Guarantor" and collectively, the "Guarantors"), the lenders from time to time party hereto (each a "Lender" and collectively, the "Lenders"), TCW Asset Management Company LLC ("TCW"), as collateral agent for the Secured Parties (in such capacity, together with its successors and assigns in such capacity, the "Collateral Agent"), and TCW, as administrative agent for the Lenders (in such capacity, together with its successors and assigns

Ardent Health Partners, LLC – ABL CREDIT AGREEMENT Dated as of June 28, 2018 Among AHP HEALTH PARTNERS, INC., AHS EAST TEXAS HEALTH SYSTEM, LLC and CERTAIN OF THEIR RESPECTIVE SUBSIDIARIES, as Borrowers, ARDENT HEALTH PARTNERS, LLC, as Parent, and CERTAIN OF ITS SUBSIDIARIES, as the Guarantors, BARCLAYS BANK PLC, as Administrative Agent and Collateral Agent, and the Other Lenders Party Hereto Arranged By: BARCLAYS BANK PLC, JEFFERIES FINANCE LLC, and BANK OF AMERICA, N.A., as Joint Lead Arrangers and Joint Book Runners and CAPITAL ONE, NATIONAL ASSOCIATION and SIEMENS FINANCIAL SERVICES, INC., as Documentation Agents (December 4th, 2018)
Biohitech Global, Inc. – Membership Interest Purchase and Sale Agreement (December 4th, 2018)

THIS MEMBERSHIP INTEREST PURCHASE AND SALE AGREEMENT (this "Agreement"), effective as of November 28, 2018 (the "Effective Date"), by and among ENTSORGA USA, INC., a corporation formed under the laws of the State of Delaware (the "Seller"), BIOHITECH GLOBAL, INC., a corporation formed under the laws of the State of Delaware (the "Purchaser") and ENTSORGA WEST VIRGINIA LLC, a limited liability company formed under the laws of the State of West Virginia (the "Company"). The Company, the Purchaser and the Seller are sometimes individually referred to herein as a "Party", and collectively as the "Parties".

Nine Energy Service, Inc. – Amended and Restated Employment Agreement (November 27th, 2018)
Nine Energy Service, Inc. – Amended and Restated Employment Agreement (November 27th, 2018)
Nine Energy Service, Inc. – Amended and Restated Employment Agreement (November 27th, 2018)
Nine Energy Service, Inc. – Amended and Restated Employment Agreement (November 27th, 2018)
Contract (November 20th, 2018)
Natural Resource Partners Lp – Purchase and Sale Agreement (November 20th, 2018)

This PURCHASE AND SALE AGREEMENT, dated as of November 16, 2018 (this "Agreement"), is entered into by and between NRP (Operating) LLC, a Delaware limited liability company ("Seller"), and VantaCore Intermediate Holding, LLC, a Delaware limited liability company ("Buyer").

Abl U.S. Guarantee and Collateral Agreement (November 20th, 2018)

ABL U.S. GUARANTEE AND COLLATERAL AGREEMENT, dated as of April 12, 2018, made by PISCES MIDCO, INC., a Delaware corporation (as further defined in the Credit Agreement, the "Parent Borrower"), PISCES HOLDINGS, INC., a Delaware corporation (as further defined in the Credit Agreement, "Holdings"), and certain Domestic Subsidiaries of the Parent Borrower from time to time party hereto, in favor of ubs ag, stamford branch, as collateral agent (in such capacity, and together with its successors and assigns in such capacity, the "Collateral Agent") for the Secured Parties (as defined below) and administrative agent (in such capacity, and together with its successors and assigns in such capacity, the "Administrative Agent") for the banks and other financial institutions (collectively, the "Lenders"; individually, a "Lender") from time to time parties to the Credit Agreement described below.

Contract (November 20th, 2018)
Contract (November 20th, 2018)
Contract (November 20th, 2018)
Contract (November 20th, 2018)
MP Acquisition I Corp. – Contract (November 16th, 2018)
MP Acquisition I Corp. – Contract (November 16th, 2018)
MP Acquisition I Corp. – Contract (November 16th, 2018)
MP Acquisition I Corp. – Contract (November 16th, 2018)
MP Acquisition I Corp. – Contract (November 16th, 2018)
Armstrong Flooring, Inc. – Stock Purchase Agreement by and Between Armstrong Flooring, Inc. And Tarzan Holdco, Inc. Dated as of November 14, 2018 (November 15th, 2018)
Shenandoah Telecommunications Co – AMENDED AND RESTATED CREDIT AGREEMENT by and Among SHENANDOAH TELECOMMUNICATIONS COMPANY, as the Borrower, THE GUARANTORS FROM TIME TO TIME PARTY HERETO, COBANK, ACB, as the Administrative Agent, Joint Lead Arranger, Co-Bookrunner, Swing Line Lender and an Issuing Lender, ROYAL BANK OF CANADA, as Syndication Agent, Joint Lead Arranger and Co-Bookrunner, FIFTH THIRD BANK, as Syndication Agent and Joint Lead Arranger, BANK OF AMERICA, N.A., CAPITAL ONE, NATIONAL ASSOCIATION, CITIZENS BANK, N.A. And TD SECURITIES (USA) LLC, Each as Joint Lead Arranger and Co-Documentation Agent, and Each of the L (November 13th, 2018)

THIS AMENDED AND RESTATED CREDIT AGREEMENT is dated as of November 9, 2018 and is made by and among Shenandoah Telecommunications Company, a Virginia corporation, as the BORROWER (defined below), each of the GUARANTORS (defined below) party hereto from time to time, the LENDERS (defined below) party hereto from time to time and COBANK, ACB, in its capacity as Administrative Agent for the Secured Parties, Joint Lead Arranger, Co-Bookrunner, and as an Issuing Lender and Swing Line Lender (each defined below), ROYAL BANK OF CANADA, as Syndication Agent, Joint Lead Arranger and Co-Bookrunner, FIFTH THIRD BANK, as Syndication Agent and Joint Lead Arranger, BANK OF AMERICA, N.A., as Joint Lead Arranger and Co-Documentation Agent, CAPITAL ONE, NATIONAL ASSOCIATION, as Joint Lead Arranger and Co-Documentation Agent, CITIZENS BANK, N.A., as Joint Lead Arranger and Co-Documentation Agent, and TD SECURITIES (USA) LLC, as Joint Lead Arranger and Co-Documentation Agent, and amends and restates in i

Contura Energy, Inc. – AMENDED AND RESTATED ASSET-BASED REVOLVING CREDIT AGREEMENT Dated as of November 9, 2018 Among CONTURA ENERGY, INC. And Certain of Its Subsidiaries, as the Borrowers THE GUARANTORS PARTY HERETO CITIBANK, N.A., as Administrative Agent CITIBANK, N.A., as Swingline Lender CITIBANK, N.A., BARCLAYS BANK PLC, BMO HARRIS BANK N.A. And CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as L/C Issuers the Other Lenders Party Hereto And (November 13th, 2018)

This AMENDED AND RESTATED ASSET-BASED REVOLVING CREDIT AGREEMENT (this "Agreement") is entered into as of November 9, 2018 among each of Contura Energy, Inc. (the "Company"), each of the other Borrowers listed on Schedule 1.01(c)(i) hereto (collectively, the "Initial Borrowers" and together with each other Person who becomes a borrower pursuant to an Assumption Agreement, each individually, a "Borrower" and collectively, the "Borrowers"); provided that, the ANR Entities are Initial Borrowers immediately upon consummation of the ANR Acquisition, each Guarantor party hereto, each lender from time to time party hereto, Citibank, N.A. (together with any of its designated affiliates, "Citi"), as administrative agent and collateral agent (in such capacities, the "Administrative Agent"), Citi, as Swingline Lender, and Citi, Barclays Bank PLC, BMO Harris Bank N.A. and Credit Suisse AG, Cayman Islands Branch, as L/C Issuers.

Contura Energy, Inc. – Term Sheet (November 13th, 2018)

This term sheet (the "Agreement") dated as of November 6, 2018 sets forth the terms of agreement among ANR, Inc. ("ANR"), Alpha Natural Resources Holdings, Inc. ("Holdings"), Contura Energy, Inc. ("Contura") and the West Virginia Department of Environmental Protection ("WVDEP") (hereinafter, collectively, the "Parties") to fully and finally resolve the issues relating to ANR's issuance of a dividend in connection with its impending merger with Contura. The terms and conditions described herein are part of a comprehensive agreement, each element of which is consideration for the other elements and is an integral aspect of such agreement. The Parties agree that the Agreement reflected herein shall be effective immediately.