GREAT FALLS GAS COMPANY INCENTIVE STOCK OPTION PLAN THIS AGREEMENT, made in Great Falls, Montana on this 6th day of November, 1992, between Great Falls Gas Company (hereinafter referred to as "Company") and hereinafter referred to as "Optionee"), an...Incentive Stock Option Agreement • July 23rd, 1997 • Energy West Inc • Natural gas distribution
SEPARATION AGREEMENT, RELEASE AND WAIVER OF CLAIMS This Separation Agreement, Release, and Waiver of Claims ("Agreement") is made and entered into by and between Energy West, Incorporated (hereinafter "Energy West") and Executive Edward J. Bernica...Separation Agreement • October 27th, 2003 • Energy West Inc • Natural gas distribution
EXHIBIT 10.1 AMENDED AND RESTATED CREDIT AGREEMENT dated as of March 31, 2004Credit Agreement • April 1st, 2004 • Energy West Inc • Natural gas distribution • Illinois
SCHEDULE 1.1(a) Existing Claims SCHEDULE 2.1 Banks and Pro Rata Shares SCHEDULE 3.3 Installments of Term Loans SCHEDULE 9.5 Material Adverse Change SCHEDULE 9.6 Litigation and Contingent Liabilities SCHEDULE 9.8 Subsidiaries SCHEDULE 9.15 Environmental Matters SCHEDULE 9.17 Insurance SCHEDULE 9.18 Real Property SCHEDULE 9.22 Labor Matters SCHEDULE 9.25 Capitalization SCHEDULE 10.7 Permitted Existing Debt SCHEDULE 10.8 Permitted Existing Liens SCHEDULE 10.21 Investments SCHEDULE 14.3 Addresses for Notices
WAIVER AND FIRST AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT This WAIVER AND FIRST AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT (this "Amendment") is dated as of August 30, 2004, and is entered into by and among ENERGY WEST, INCORPORATED,...Credit Agreement • September 3rd, 2004 • Energy West Inc • Natural gas distribution • Illinois
This WAIVER AND FIRST AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT (this "Amendment") is dated as of August 30, 2004, and is entered into by and among ENERGY WEST, INCORPORATED, a Montana corporation (the "Company"), LASALLE BANK NATIONAL ASSOCIATION, a national banking association, in its capacity as agent for the "Banks" party to the Credit Agreement described below (in such capacity, the "Agent"), such Banks and each other Loan Party.
Exhibit 10.11 Amended and Restated Advisory Agreement Amended and Restated Advisory Agreement ("Agreement") made and entered into as of the 3d day of October, 2003 among DAMG Capital LLC ("DAMG"), 575 Lexington Avenue - 4th Floor, New York, New York...Advisory Agreement • October 9th, 2003 • Energy West Inc • Natural gas distribution • Montana
CREDIT AGREEMENTCredit Agreement • July 8th, 1997 • Energy West Inc • Natural gas distribution • Montana
CREDIT AGREEMENT Dated as of October 19, 2016 among GAS NATURAL INC., an Ohio corporation, as the Borrower, BANK OF AMERICA, N.A., as Administrative Agent and L/C Issuer, and The Other Lenders Party Hereto MERRILL LYNCH, PIERCE, FENNER & SMITH...Credit Agreement • October 20th, 2016 • Gas Natural Inc. • Natural gas distribution • New York
This CREDIT AGREEMENT (“Agreement”) is entered into as of October 19, 2016, among GAS NATURAL INC., an Ohio 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 and L/C Issuer.
2,250,000 Shares Common Stock, Par Value $0.15 Per Share Energy West, Incorporated UNDERWRITING AGREEMENT April ___, 2008Underwriting Agreement • April 29th, 2008 • Energy West Inc • Natural gas distribution • Maryland
FERRIS, BAKER WATTS, INCORPORATED 100 Light Street Baltimore, Maryland 21202 LADENBURG THALMANN & CO. INC. 153 East 53rd Street 49th Floor New York, NY 10022
RECITALSCredit Agreement • September 8th, 2003 • Energy West Inc • Natural gas distribution • Montana
LIMITED WAIVER AND FOURTH AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT This LIMITED WAIVER AND FOURTH AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT (this "Amendment") is dated as of November 30, 2004, and is entered into by and among ENERGY...Credit Agreement • December 6th, 2004 • Energy West Inc • Natural gas distribution • Illinois
Exhibit 10.1 REAFFIRMATION AND FIFTH AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT THIS REAFFIRMATION FIFTH AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT (this "AMENDMENT") is dated as of November 28, 2005, and is entered into by and among...Credit Agreement • February 13th, 2006 • Energy West Inc • Natural gas distribution • Illinois
EXHIBIT 10.19 NON-QUALIFIED STOCK OPTION AGREEMENT This NON-QUALIFIED STOCK OPTION AGREEMENT, dated as of this 1st day of July, 2004, by and between Energy West, Incorporated, a Montana corporation (the "Company"), and John C. Allen (the "Optionee")....Non-Qualified Stock Option Agreement • December 17th, 2004 • Energy West Inc • Natural gas distribution
EXHIBIT 7.1 AGREEMENT OF JOINT FILING Pursuant to Rule 13d-1(k) promulgated under the Securities Exchange Act of 1934, as amended, the undersigned persons hereby agree to file with the Securities and Exchange Commission, the Statement on Schedule 13D...Joint Filing Agreement • July 24th, 2003 • Energy West Inc • Natural gas distribution
This Agreement may be executed in counterparts, each of which when so executed shall be deemed to be an original, and all of which together shall be deemed to constitute one and the same instrument.
STATEMENT OF ELIGIBILITY UNDER THE TRUST INDENTURE ACT OF 1939 OF A CORPORATION DESIGNATED TO ACT AS TRUSTEETrust Indenture Act Eligibility Statement • July 23rd, 1997 • Energy West Inc • Natural gas distribution
Gas Natural Inc. $50,000,000 4.23% Senior Notes due October 19, 2028 Note Purchase Agreement Dated October 19, 2016Note Purchase Agreement • October 20th, 2016 • Gas Natural Inc. • Natural gas distribution • New York
andIndenture • July 23rd, 1997 • Energy West Inc • Natural gas distribution • Montana
Exhibit 4.1 ENERGY WEST, INCORPORATED and COMPUTERSHARE TRUST COMPANY, INC. Rights Agent PREFERRED STOCK RIGHTS AGREEMENT DATED AS OF JUNE 3, 2004 TABLE OF CONTENTS Section 1. Certain Definitions................................................1...Preferred Stock Rights Agreement • June 3rd, 2004 • Energy West Inc • Natural gas distribution • Montana
SECOND AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT This SECOND AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT (this "Amendment") is dated as of September 10, 2004, and is entered into by and among ENERGY WEST, INCORPORATED, a Montana...Credit Agreement • September 16th, 2004 • Energy West Inc • Natural gas distribution • Illinois
EXHIBIT 10.1(e) LIMITED WAIVER UNDER AMENDED AND RESTATED CREDIT AGREEMENT This LIMITED WAIVER UNDER AMENDED AND RESTATED CREDIT AGREEMENT (this "LIMITED WAIVER") is dated as of February 14, 2005, and is entered into by and among ENERGY WEST,...Limited Waiver • February 14th, 2005 • Energy West Inc • Natural gas distribution • Illinois
AGREEMENTAgreement • November 21st, 2003 • Energy West Inc • Natural gas distribution • Montana
THIRD AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT This THIRD AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT (this "Amendment") is dated as of November 2, 2004, and is entered into by and among ENERGY WEST, INCORPORATED, a Montana...Credit Agreement • November 5th, 2004 • Energy West Inc • Natural gas distribution • Illinois
EXHIBIT 10.16 EMPLOYMENT AGREEMENT EMPLOYMENT AGREEMENT made and entered into as of the 23d day of June, 2004, by and between ENERGY WEST, INCORPORATED (the "Company"), a Montana corporation, and David Cerotzke (the "Executive"); WHEREAS, the Company...Employment Agreement • December 17th, 2004 • Energy West Inc • Natural gas distribution • Montana
W I T N E S S E T H:Gas Purchase Contract • July 8th, 1997 • Energy West Inc • Natural gas distribution • Montana
AGREEMENT AND PLAN OF MERGER among GAS NATURAL INC., FR BISON HOLDINGS, INC. and FR BISON MERGER SUB, INC. dated as of October 8, 2016Merger Agreement • October 11th, 2016 • Gas Natural Inc. • Natural gas distribution • Ohio
THIS AGREEMENT AND PLAN OF MERGER (“Agreement”) is made and entered into as of October 8, 2016, by and among GAS NATURAL INC., an Ohio corporation (the “Company”), FR Bison Holdings, Inc., a Delaware corporation (“Parent”), and FR Bison Merger Sub, Inc., an Ohio corporation (“Merger Sub” and, together with the Company and Parent, the “Parties”).
UNDERWRITING AGREEMENT 1,134,155 SHARES GAS NATURAL INC. COMMON STOCK UNDERWRITING AGREEMENTUnderwriting Agreement • November 1st, 2013 • Gas Natural Inc. • Natural gas distribution • New York
Richard M. Osborne, as Trustee of the Richard M. Osborne Trust dated January 13, 1995, as amended on February 24, 2012 (the “Trust”), Thomas J. Smith (“Smith”) (the Trust and Smith collectively, the “Selling Shareholders”), and Gas Natural Inc., an Ohio corporation (the “Company”), propose, subject to the terms and conditions stated herein, to sell shares of common stock, par value $0.15 per share (the “Common Stock”) of the Company, as set forth on Schedule I, to the several underwriters named in Schedule II hereto (the “Underwriters”) for whom Janney Montgomery Scott LLC is serving as Representative (the “Representative”). The Common Stock to be sold to the Underwriters by the Selling Shareholders and the Company are referred to herein as the “Firm Shares.” The respective amounts of the Firm Shares to be purchased by the several Underwriters are set forth opposite their names in Schedule II hereto. The Firm Shares shall be offered to the public at a public offering price of $10.00 pe
GUARANTYGuaranty • January 11th, 2010 • Energy Inc. • Natural gas distribution • Ohio
THIS GUARANTY (this “Guaranty”) is executed and delivered effective as of July 3, 2008, by RICHARD M. OSBORNE, TRUSTEE UNDER RESTATED TRUST AGREEMENT OF JANUARY 13, 1995, individually as a natural person, who is a resident of the State of Ohio, with an address at 8500 Station Street, Mentor, Ohio 44060 (“Guarantor”), in favor of CITIZENS BANK, having an address at 328 S. Saginaw Street, Flint, Michigan 48502 (“Bank”).
CREDIT AGREEMENTCredit Agreement • July 8th, 1997 • Energy West Inc • Natural gas distribution • Montana
FOURTH AMENDMENT TO CREDIT AGREEMENT AND REVOLVING NOTE This Fourth Amendment to Credit Agreement and Revolving Note (the "Amendment") is made as of March 25, 1999, between ENERGY WEST INCORPORATED, a Montana corporation ("Borrower") and U.S. BANK...Credit Agreement • November 25th, 2002 • Energy West Inc • Natural gas distribution
Varilease Finance, Inc. Salt Lake City, UT 84121Master Lease Agreement • April 29th, 2014 • Gas Natural Inc. • Natural gas distribution • Michigan
THIRD AMENDMENT TO CREDIT AGREEMENT AND REVOLVING NOTE This Third Amendment to Credit Agreement and Revolving Note (the "Amendment") is made as of January 21, 1999, between ENERGY WEST INCORPORATED, a Montana corporation ("Borrower") and US BANK...Credit Agreement • November 25th, 2002 • Energy West Inc • Natural gas distribution
AMENDED AND RESTATED CONTINUING GUARANTY (this “Guaranty”)Continuing Guaranty • September 26th, 2012 • Gas Natural Inc. • Natural gas distribution • New York
FOR VALUE RECEIVED, the sufficiency of which is hereby acknowledged, and in consideration of credit and/or financial accommodation heretofore or hereafter from time to time made or granted to Energy West, Incorporated, a Montana corporation (the “Borrower”) and each of the undersigned Subsidiaries of Borrower (each of the undersigned and each other Person who joins this Guaranty as a “Guarantor” pursuant to a joinder agreement in form and substance reasonably satisfactory to the Agent (as hereinafter defined) are each sometimes referred to herein individually as a “Guarantor” and collectively as the “Guarantors”), by BANK OF AMERICA, N.A. (“Bank of America”) and the other Lenders (as hereinafter defined) pursuant to that certain Amended and Restated Credit Agreement of even date herewith (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”) by and among the Borrower, Bank of America, in its capacity as administrative agent (in such capacit
NOTECredit Agreement • December 3rd, 2014 • Gas Natural Inc. • Natural gas distribution
FOR VALUE RECEIVED, the undersigned (the “Borrower”), hereby promises to pay to BANK OF AMERICA, N.A., or registered assigns (the “Lender”), in accordance with the provisions of the Agreement (as hereinafter defined), the principal amount of each Loan from time to time made by the Lender to the Borrower under that certain Amended and Restated Credit Agreement, dated as of September 20, 2012 (as amended, restated, extended, supplemented or otherwise modified in writing from time to time, the “Agreement;” the terms defined therein being used herein as therein defined), among the Borrower, the Lenders from time to time party thereto, and Bank of America, N.A., as Administrative Agent and L/C Issuer.
ENERGY WEST INCORPORATED $8,000,000 Aggregate Principal Amount __% Notes due June 1, 2012 _________________ UNDERWRITING AGREEMENTUnderwriting Agreement • July 23rd, 1997 • Energy West Inc • Natural gas distribution
REPLACEMENT CREDIT AGREEMENT This Replacement Credit Agreement (the "Agreement") is dated as of the 8th day of February 2001, and is by and between Energy West, Incorporated, formerly known as Great Falls Gas Company, Energy West Resources, Inc.,...Replacement Credit Agreement • November 25th, 2002 • Energy West Inc • Natural gas distribution • Montana
SIXTH AMENDMENT TO CREDIT AGREEMENT AND REVOLVING NOTE This Sixth Amendment to Credit Agreement (the "Amendment") is made as of March 27, 2000, between ENERGY WEST INCORPORATED, a Montana corporation ("Borrower") and U.S. BANK NATIONAL ASSOCIATION MT,...Credit Agreement • November 25th, 2002 • Energy West Inc • Natural gas distribution
