Universal Technical Institute Inc Sample Contracts

ARTICLE 1 TERM
Lease Agreement • October 3rd, 2003 • Universal Technical Institute Inc
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among UTI HOLDINGS, INC., as Borrower, -and- UNIVERSAL TECHNICAL INSTITUTE, INC., as Parent, with
Credit Agreement • October 3rd, 2003 • Universal Technical Institute Inc • New York
COMMON STOCK
Underwriting Agreement • April 16th, 2004 • Universal Technical Institute Inc • Services-educational services • New York
R E C I T A L S
Lease • October 3rd, 2003 • Universal Technical Institute Inc
RECITALS
Restricted Stock Agreement • June 21st, 2006 • Universal Technical Institute Inc • Services-educational services • Delaware
LEASE AMENDMENT
Universal Technical Institute Inc • October 3rd, 2003
UNIVERSAL TECHNICAL INSTITUTE, INC. and COMPUTERSHARE INC., as Rights Agent Rights AgreementDated as of June 29, 2016
Rights Agreement • June 30th, 2016 • Universal Technical Institute Inc • Services-educational services • Delaware

RIGHTS AGREEMENT, dated as of June 29, 2016 (the “Agreement”), between Universal Technical Institute, Inc., a Delaware corporation (the “Company”), and Computershare Inc., a Delaware corporation (the “Rights Agent”).

RECITALS
Credit Agreement • December 23rd, 2004 • Universal Technical Institute Inc • Services-educational services • Arizona
RECITALS
Registration Rights Agreement • November 12th, 2003 • Universal Technical Institute Inc • Services-educational services • New York
AMENDED AND RESTATED EMPLOYMENT AGREEMENT
Employment Agreement • April 11th, 2014 • Universal Technical Institute Inc • Services-educational services • Arizona

This AMENDED AND RESTATED EMPLOYMENT AGREEMENT (this “Agreement” or “Employment Agreement”) effective as of April 8, 2014 (the “Effective Date”), between KENNETH J. CRANSTON (“Employee”) and Universal Technical Institute, Inc., a Delaware corporation (the “Company”) provides:

REGISTRATION RIGHTS AGREEMENT
Registration Rights Agreement • June 24th, 2016 • Universal Technical Institute Inc • Services-educational services • New York

THIS REGISTRATION RIGHTS AGREEMENT (this “Agreement”) is made and entered into as of June 24, 2016, by and between Universal Technical Institute, Inc., a Delaware corporation (the “Company”) and Coliseum Holdings I, LLC, a Delaware limited liability company (the “Stockholder”). The Company and the Stockholder may be referred to in this Agreement as a “Party,” and, collectively, as the “Parties.” Capitalized terms used but not otherwise defined herein have the meanings assigned such terms in Section 10.

Universal Technical Institute, Inc. 20410 N. 19th Avenue, Suite 200 Phoenix, Arizona 85027 Credit Suisse First Boston LLC Banc of America Securities LLC Jefferies & Company, Inc. SunTrust Capital Markets, Inc. Thomas Weisel Partners LLC c/o Credit...
Universal Technical Institute Inc • April 16th, 2004 • Services-educational services

Credit Suisse First Boston LLC Banc of America Securities LLC Jefferies & Company, Inc. SunTrust Capital Markets, Inc. Thomas Weisel Partners LLC

UNIVERSAL TECHNICAL INSTITUTE, INC. (a Delaware corporation) Common Stock UNDERWRITING AGREEMENT
Underwriting Agreement • December 17th, 2019 • Universal Technical Institute Inc • Services-educational services • New York
UNIVERSAL TECHNICAL INSTITUTE, INC. (a Delaware corporation) COMMON STOCK UNDERWRITING AGREEMENT
Underwriting Agreement • February 25th, 2020 • Universal Technical Institute Inc • Services-educational services • New York
EMPLOYMENT AGREEMENT
Employment Agreement • April 11th, 2014 • Universal Technical Institute Inc • Services-educational services • Arizona

This EMPLOYMENT AGREEMENT (this “Agreement” or “Employment Agreement”), effective as of April 8, 2014 (the “Effective Date”), between KIMBERLY J. MCWATERS (“Employee”) and Universal Technical Institute, Inc., a Delaware corporation (the “Company”) provides:

RETIREMENT AGREEMENT AND RELEASE OF CLAIMS
Retirement Agreement and Release of Claims • December 6th, 2019 • Universal Technical Institute Inc • Services-educational services • Arizona

This RETIREMENT AGREEMENT AND RELEASE OF CLAIMS (the “Retirement agreement”) dated October 31, 2019 is by and between Kimberly J. McWaters (“Employee”) and Universal Technical Institute, Inc., a Delaware corporation (“Company”);

INDEMNIFICATION AGREEMENT
Indemnification Agreement • August 6th, 2014 • Universal Technical Institute Inc • Services-educational services • Delaware

This Indemnification Agreement, dated as of _________________, is made by and between Universal Technical Institute, Inc., a Delaware corporation (the “Company”) and ____________________ (the “Indemnitee”), an “agent” (as hereinafter defined) of the Company.

August ___, 2003 Universal Technical Institute, Inc. 10851 North Black Canyon Road, Suite 600 Phoenix, Arizona 85029 Credit Suisse First Boston LLC Banc of America Securities LLC Jefferies & Company, Inc. SunTrust Capital Markets, Inc. Thomas Weisel...
Universal Technical Institute Inc • October 3rd, 2003

Credit Suisse First Boston LLC Banc of America Securities LLC Jefferies & Company, Inc. SunTrust Capital Markets, Inc. Thomas Weisel Partners LLC

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CREDIT AGREEMENT DATED AS OF NOVEMBER 18, 2022 AMONG UNIVERSAL TECHNICAL INSTITUTE, INC., as Borrower, THE OTHER LOAN PARTIES SIGNATORY HERETO, as Loan Parties AND FIFTH THIRD BANK, NATIONAL ASSOCIATION, as Lender
Credit Agreement • November 21st, 2022 • Universal Technical Institute Inc • Services-educational services • New York

This CREDIT AGREEMENT dated as of November 18, 2022 (the “Closing Date”), is by and among UNIVERSAL TECHNICAL INSTITUTE, INC., a Delaware corporation (“Borrower”), the other Loan Parties signature hereto, as Loan Parties, and FIFTH THIRD BANK, NATIONAL ASSOCIATION, a federally chartered institution (“Lender”).

LOAN AGREEMENT Dated: As of April 14, 2022 2611 CORPORATE WEST DRIVE VENTURE LLC (“Borrower”) and VALLEY NATIONAL BANK (“Lender”) $38,000,000.00 TERM LOAN SECURED BY THE PROPERTY LOCATED AT: 2611 Corporate West Drive Lisle, Illinois 60532
Loan Agreement • May 5th, 2022 • Universal Technical Institute Inc • Services-educational services

This LOAN AGREEMENT (this “Agreement”) is made and entered into as of April 14, 2022 (the “Effective Date”), by and between 2611 CORPORATE WEST DRIVE VENTURE LLC, a Delaware limited liability company, having an address at 4225 East Windrose Drive, Suite 200, Phoenix, Arizona 85032 (the “Borrower”), and VALLEY NATIONAL BANK, a national banking association, having an address at 1455 Valley Road, Wayne, New Jersey 07470 (“Lender”).

GUARANTY
Guaranty • May 5th, 2022 • Universal Technical Institute Inc • Services-educational services • Illinois

This GUARANTY (this “Guaranty”) dated as of April 14, 2022, is made by is made by UNIVERSAL TECHNICAL INSTITUTE, INC., a Delaware corporation (the “Guarantor”), to VALLEY NATIONAL BANK (together with its participants, successors and/or assigns, the “Lender”).

GUARANTY AND SECURITY AGREEMENT
Guaranty and Security Agreement • November 21st, 2022 • Universal Technical Institute Inc • Services-educational services • New York

THIS GUARANTY AND SECURITY AGREEMENT (as the same may be amended, restated, supplemented or otherwise modified from time to time, this “Security Agreement”), dated as of November 18, 2022, is made by UNIVERSAL TECHNICAL INSTITUTE, INC., a Delaware corporation (“Borrower”), each party identified as a “Guarantor” on the signature pages attached hereto (“Guarantor”; and, together with the Borrower, collectively, “Grantors” and each a “Grantor”), in favor of FIFTH THIRD BANK, NATIONAL ASSOCIATION (“Lender”).

PROFESSIONAL SERVICES AGREEMENT
Professional Services Agreement • February 12th, 2008 • Universal Technical Institute Inc • Services-educational services • California

THIS Agreement (the “Agreement”) is made this 11th day of July, 2007, (the “Effective Date”), by and between Resources Connection, LLC, doing business as Resources Global Professionals, with its principal place of business at 695 Town Center Drive, Suite 600, Costa Mesa, California 92626, for itself and on behalf of all entities wholly-owned by its parent, Resources Connection, Inc. (collectively “Resources”), and Universal Technical Institute, with its principal place of business located at 20410 North 19th Ave., Suite 200, Phoenix, AZ 85027 (“Client”), for Professional Services (“Services”) to be provided by Resources as more fully set forth in the annexed Statement(s) of Services.

SEPARATION AGREEMENT, WAIVER AND RELEASE
Separation Agreement, Waiver and Release • August 4th, 2009 • Universal Technical Institute Inc • Services-educational services • Arizona

This Separation Agreement, Waiver and Release (“Agreement”) is made and entered into freely and voluntarily by and between Sherrell Smith (hereinafter referred to as “Employee”) and Universal Technical Institute, Inc. (hereinafter referred to as “UTI” or “Company”).

7,500,000 Shares UNIVERSAL TECHNICAL INSTITUTE, INC. Common Stock UNDERWRITING AGREEMENT
Underwriting Agreement • December 15th, 2003 • Universal Technical Institute Inc • Services-educational services • New York
SECOND AMENDMENT TO CREDIT AGREEMENT
Credit Agreement • August 7th, 2024 • Universal Technical Institute Inc • Services-educational services • New York

This CREDIT AGREEMENT dated as of November 18, 2022 (the “Closing Date”), is by and among UNIVERSAL TECHNICAL INSTITUTE, INC., a Delaware corporation (“Borrower”), the other Loan Parties signature hereto, as Loan Parties, and FIFTH THIRD BANK, NATIONAL ASSOCIATION, a federally chartered institution (“Lender”).

Universal Technical Institute, Inc. 20410 N. 19th Avenue, Suite 200 Phoenix, Arizona 85027 Credit Suisse First Boston LLC Banc of America Securities LLC Jefferies & Company, Inc. SunTrust Capital Markets, Inc. Thomas Weisel Partners LLC c/o Credit...
Universal Technical Institute Inc • April 16th, 2004 • Services-educational services

Credit Suisse First Boston LLC Banc of America Securities LLC Jefferies & Company, Inc. SunTrust Capital Markets, Inc. Thomas Weisel Partners LLC

FIRST AMENDMENT TO EMPLOYMENT AGREEMENT
Employment Agreement • December 1st, 2010 • Universal Technical Institute Inc • Services-educational services

Universal Technical Institute, Inc., (the “Company”), a Delaware corporation, and John C. White (the “Employee”) entered into an Employment Agreement (“Agreement”) dated July 8, 2008 (the “Effective Date”). By the execution of this First Amendment, Company and Employee hereby amend the Agreement as provided below.

THIRD LEASE AMENDMENT
Third Lease • May 1st, 2015 • Universal Technical Institute Inc • Services-educational services

In consideration of the rents and covenants set forth herein and in the Lease (as defined below), Landlord and Tenant hereby amend the Lease.

CHANGE OF CONTROL SEVERANCE AGREEMENT
Change of Control Severance Agreement • January 16th, 2008 • Universal Technical Institute Inc • Services-educational services • Arizona

This CHANGE OF CONTROL SEVERANCE AGREEMENT (the “Agreement” or “Severance Agreement”) dated , 2008 (“Effective Date”) between (“Employee”) and Universal Technical Institute, Inc., a Delaware corporation (the “Company”) provides:

EMPLOYMENT AGREEMENT
Employment Agreement • March 6th, 2009 • Universal Technical Institute Inc • Services-educational services • Arizona

This Agreement is made and entered into freely and voluntarily by and between Roger L. Speer (herein referred to as “Employee”) and Universal Technical Institute, Inc. (hereinafter referred to as “UTI”).*

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