EXHIBIT 10.12 LEASE AGREEMENTLease Agreement • October 29th, 2002 • Professional Veterinary Products LTD /Mo/ • Agricultural services • Pennsylvania
EXHIBIT 10.11Purchase and Sale Agreement • November 3rd, 2000 • Professional Veterinary Products LTD /Mo/ • Agricultural services • Colorado
Security AgreementSecurity Agreement • August 29th, 2003 • Professional Veterinary Products LTD /Mo/ • Agricultural services • Nebraska
EXHIBIT 10.3 LEASELease • September 7th, 1999 • Professional Veterinary Products LTD /Mo/ • Agricultural services • Nebraska
RECITALSLoan Agreement • August 29th, 2003 • Professional Veterinary Products LTD /Mo/ • Agricultural services • Nebraska
EXHIBIT 10.11Purchase and Sale Agreement • February 15th, 2001 • Professional Veterinary Products LTD /Mo/ • Agricultural services • Colorado
Exhibit 10.2 FIRST AMENDMENT TO AMENDED AND RESTATED LOAN AGREEMENT THIS FIRST AMENDMENT TO AMENDED AND RESTATED LOAN AGREEMENT (the "Amendment") is made this 29 day of December 2003 (the "Effective Date"), by and among Professional Veterinary...Loan Agreement • March 16th, 2004 • Professional Veterinary Products LTD /Mo/ • Wholesale-durable goods, nec • Nebraska
Exhibit 10.13 Loan No. ____________ TERM PROMISSORY NOTE --------------------Professional Veterinary Products LTD /Mo/ • August 29th, 2003 • Agricultural services • Nebraska
EXHIBIT 10.9Distribution Agreement • September 7th, 1999 • Professional Veterinary Products LTD /Mo/ • Agricultural services • Michigan
Exhibit 10.1 EXTENSION AGREEMENT THIS EXTENSION AGREEMENT (this "Agreement") is made this 26 day of November, 2003, by and among Professional Veterinary Products, Ltd., a Nebraska corporation ("PVPL"), ProConn, LLC, a Nebraska limited liability...Extension Agreement • March 16th, 2004 • Professional Veterinary Products LTD /Mo/ • Wholesale-durable goods, nec • Nebraska
Redacted portions have been marked with asterisks (***). Confidential treatment has been requested for the redacted portions. The confidential redacted portions have been filed separately with the Securities and Exchange Commission. EXHIBIT 10.7...Marketing Agreement • September 7th, 1999 • Professional Veterinary Products LTD /Mo/ • Agricultural services • New York
Exhibit 10.19 Following recording, return to: Paul J. Halbur, Fraser Stryker Law Firm, 409 South 17/th/ Street, Suite 500, Omaha Nebraska, 68102, tel. (402) 341-6000 ASSIGNMENT OF RENTS AND LEASES THIS ASSIGNMENT is made as of May 12, 2003, by...Professional Veterinary Products LTD /Mo/ • August 29th, 2003 • Agricultural services
EXHIBIT 10.5Sales Agency Agreement • September 7th, 1999 • Professional Veterinary Products LTD /Mo/ • Agricultural services • Kansas
CREDIT AND SECURITY AGREEMENT BY AND AMONG PROFESSIONAL VETERINARY PRODUCTS, LTD. a Nebraska corporation EXACT LOGISTICS, LLC a Nebraska limited liability company PROCONN, LLC a Nebraska limited liability company AND WELLS FARGO BANK, NATIONAL...Credit and Security Agreement • June 28th, 2010 • Professional Veterinary Products LTD /Ne/ • Wholesale-durable goods, nec • Minnesota
PROFESSIONAL VETERINARY PRODUCTS, LTD., a Nebraska corporation (“PVP”), EXACT LOGISTICS, LLC, a Nebraska limited liability company (“Exact”), PROCONN, LLC, a Nebraska limited liability company (“ProConn”; together with PVP: and Exact, jointly and severally, the “Borrower”), and WELLS FARGO BANK, NATIONAL ASSOCIATION (as more fully defined in Article I herein, the “Lender”) acting through its Wells Fargo Business Credit operating division, hereby agree as follows:
EXHIBIT 10.8Supply and Distribution Agreement • September 7th, 1999 • Professional Veterinary Products LTD /Mo/ • Agricultural services • New Jersey
Exhibit 10.20 Following recording, return to: Paul J. Halbur, Fraser Stryker Law Firm, 409 South 17/th/ Street, Suite 500, Omaha Nebraska, 68102, tel. (402) 341-6000 DEED OF TRUST, SECURITY AGREEMENT, ASSIGNMENT OF LEASES AND RENTS, AND FIXTURE FILING...Professional Veterinary Products LTD /Mo/ • August 29th, 2003 • Agricultural services • Nebraska
KEY EXECUTIVE EMPLOYEE INCENTIVE AGREEMENTKey Executive Employee Incentive Agreement • August 25th, 2010 • Professional Veterinary Products LTD /Ne/ • Wholesale-durable goods, nec
This Key Executive Employee Incentive Agreement (“Agreement”) is made by Steve Price (“Employee”) and Professional Veterinary Products, Ltd. (“PVPL”) on this 19th day of August, 2010.
AMENDMENT NO. 4 TO LOAN AGREEMENTLoan Agreement • December 4th, 2009 • Professional Veterinary Products LTD /Ne/ • Wholesale-durable goods, nec • Nebraska
This Amendment No. 4 to Loan Agreement (as the same may from time to time be amended, restated, modified or otherwise supplemented, the “Fourth Amendment”), dated November 30, 2009, is by and among Professional Veterinary Products, Ltd., a Nebraska corporation (“PVPL”), ProConn, LLC, a Nebraska limited liability company (“ProConn”), Exact Logistics, LLC, a Nebraska limited liability company (“Exact”, together with PVPL and ProConn, collectively and individually herein referred as “Borrower”), and First National Bank of Omaha, a national banking association (“Lender”).
AMENDMENT NO. 3 TO LEASE AGREEMENTLease Agreement • January 9th, 2007 • Professional Veterinary Products LTD /Ne/ • Wholesale-durable goods, nec
THIS AMENDMENT is made on this 3rd day of January, 2007, by and between KINSLEY EQUITIES II LIMITED PARTNERSHIP (“Landlord”) and PROFESSIONAL VETERINARY PRODUCTS, LTD. (“Tenant”).
TERM NOTEProfessional Veterinary Products LTD /Ne/ • November 20th, 2006 • Wholesale-durable goods, nec
FOR VALUE RECEIVED, Professional Veterinary Products, Ltd., a Nebraska corporation (“PVPL”), ProConn, LLC, a Nebraska limited liability company (“ProConn”), Exact Logistics, LLC, a Nebraska limited liability company (“Exact”, together with PVPL and ProConn, collectively and individually herein referred to as “Borrower”), promise to pay, on or before December 1, 2016, to the order of First National Bank of Omaha, a national banking association (“Bank”), at the Bank’s office at 1620 Dodge Street, Omaha, Nebraska 68197, or at such other address as the holder hereof may from time to time designate in writing, the principal sum of FOUR MILLION SIX HUNDRED SIXTY-SIX THOUSAND AND NO/100 DOLLARS ($4,666,000), together with interest from the date the proceeds of the Advance evidenced by this Term Note (this “Note”) issued under the Loan Agreement by and among Borrower and Bank of even date herewith (the “Loan Agreement”) are initially disbursed until maturity on the principal balance from time
SECOND AMENDMENT TO AMENDED AND RESTATED LOAN AGREEMENTLoan Agreement • March 17th, 2005 • Professional Veterinary Products LTD /Mo/ • Wholesale-durable goods, nec • Nebraska
THIS SECOND AMENDMENT TO AMENDED AND RESTATED LOAN AGREEMENT (the “Amendment”) is made this 28th day of December 2004 (the “Effective Date”), by and among Professional Veterinary Products, Ltd., a Nebraska corporation (“PVPL”), ProConn, LLC, a Nebraska limited liability company (“ProConn”), Exact Logistics, LLC, a Nebraska limited liability company (“Exact”, together with PVPL and ProConn, collectively and individually herein referred to as “Borrower”) and U.S. Bank National Association, a national banking association (“Lender”).
AMENDMENT NO. 2 TO REVOLVING NOTERevolving Note • December 4th, 2009 • Professional Veterinary Products LTD /Ne/ • Wholesale-durable goods, nec
This Amendment No. 2 to Revolving Note (as the same may from time to time be amended, restated, modified or otherwise supplemented, the “Second Amendment”), dated November 30, 2009, is from Professional Veterinary Products, Ltd., a Nebraska corporation (“PVPL”), ProConn, LLC, a Nebraska limited liability company (“ProConn”), and Exact Logistics, LLC, a Nebraska limited liability company (“Exact”, together with PVPL and ProConn, collectively and individually herein referred to as “Borrower”), to and in favor of First National Bank of Omaha, a national banking association (“Bank”).
REVOLVING NOTEProfessional Veterinary Products LTD /Ne/ • March 17th, 2010 • Wholesale-durable goods, nec
This Revolving Note is the Revolving Note referenced in the Credit Agreement, and is subject to the terms of the Credit Agreement, which provides, among other things, for acceleration hereof upon the occurrence of an Event of Default. Principal and interest due hereunder shall be payable as provided in the Credit Agreement, and this Revolving Note may be prepaid only in accordance with the terms of the Credit Agreement. This Revolving Note is secured, among other things, pursuant to the Credit Agreement and the Security Documents as therein defined, and may now or hereafter be secured by one or more other security agreements, mortgages, deeds of trust, assignments or other instruments or agreements.
DEED OF TRUST, SECURITY AGREEMENT, ASSIGNMENT OF LEASES AND RENTS AND FIXTURE FILINGAnd Fixture Filing • November 20th, 2006 • Professional Veterinary Products LTD /Ne/ • Wholesale-durable goods, nec • Nebraska
THIS DEED OF TRUST (the “Instrument”) is made this November 14, 2006, by Professional Veterinary Products, Ltd., a Nebraska corporation, whose address is 10077 South 134th Street, Omaha, Nebraska 68138 (“Borrower”), in favor of First National Bank of Omaha, a national banking association, whose address is 1620 Dodge Street, Omaha, Nebraska, 68197 (“Trustee”), for the benefit of First National Bank of Omaha, a national banking association, whose address is 1620 Dodge Street, Omaha, Nebraska, 68197 (“Bank”).
AMENDMENT NO. 2 TO LEASE AGREEMENTLease Agreement • January 9th, 2007 • Professional Veterinary Products LTD /Ne/ • Wholesale-durable goods, nec
THIS AMENDMENT is made on this 16 day of October, 2003, by and between Kinsley Equities II Limited Partnership (“Landlord”) and Professional Veterinary Products, Ltd. (“Tenant”).
LEASELease • December 2nd, 2005 • Professional Veterinary Products LTD /Ne/ • Wholesale-durable goods, nec • Nebraska
THIS LEASE (this “Lease”) is made and entered into on the 1st day of October, 2005, between Steve Lewis and Mike Mimms, hereinafter individually and collectively referred to as “Landlord,” and Professional Veterinary Products, Ltd., a Nebraska corporation, hereinafter referred to as “Tenant.”
SEVERANCE AGREEMENTSeverance Agreement • June 12th, 2009 • Professional Veterinary Products LTD /Ne/ • Wholesale-durable goods, nec • Nebraska
This Severance Agreement (“Agreement”) is made by and between Neal B. Soderquist, an individual (“Soderquist”), and Professional Veterinary Products, Ltd., a Nebraska corporation (“PVPL”).
AMENDMENT NO. 2 TO LOAN AGREEMENTLoan Agreement • November 25th, 2008 • Professional Veterinary Products LTD /Ne/ • Wholesale-durable goods, nec • Nebraska
This Amendment No. 2 to Loan Agreement (this “Amendment”), dated as of November 19, 2008, by and among Professional Veterinary Products, Ltd., a Nebraska corporation (“PVPL”), ProConn, LLC, a Nebraska limited liability company (“ProConn”), Exact Logistics, LLC, a Nebraska limited liability company (“Exact”, together with PVPL and ProConn, collectively and individually herein referred as “Borrower”), and First National Bank of Omaha, a national banking association (“Lender”).
AMENDMENT NO. 1Professional Veterinary Products LTD /Ne/ • September 21st, 2007 • Wholesale-durable goods, nec • Nebraska
AMENDMENT NO. 1 (this “Amendment”), dated as of September 17, 2007 to the Loan Agreement dated as of November 14, 2006 ( the “Loan Agreement”), by and among Professional Veterinary Products, Ltd., a Nebraska corporation (“PVPL”), ProConn, LLC, a Nebraska limited liability company (“ProConn”), Exact Logistics, LLC, a Nebraska limited liability company (“Exact”) together with PVPL and ProConn, collectively and individually herein referred as “Borrower” and First National Bank of Omaha (“FNBO”), a national banking association (“Lender”).
KEY EXECUTIVE EMPLOYEE INCENTIVE AGREEMENTKey Executive Employee Incentive Agreement • August 25th, 2010 • Professional Veterinary Products LTD /Ne/ • Wholesale-durable goods, nec
This Key Executive Employee Incentive Agreement (“Agreement”) is made by Jamie Meadows (“Employee”) and Professional Veterinary Products, Ltd. (“PVPL”) on this 19th day of August, 2010.
KEY EXECUTIVE EMPLOYEE INCENTIVE AGREEMENTKey Executive Employee Incentive Agreement • August 25th, 2010 • Professional Veterinary Products LTD /Ne/ • Wholesale-durable goods, nec
This Key Executive Employee Incentive Agreement (“Agreement”) is made by Vicky Winkler (“Employee”) and Professional Veterinary Products, Ltd. (“PVPL”) on this 19th day of August, 2010.
FIRST AMENDMENT AND WAIVER TO CREDIT AND SECURITY AGREEMENTCredit and Security Agreement • June 21st, 2010 • Professional Veterinary Products LTD /Ne/ • Wholesale-durable goods, nec • Minnesota
THIS FIRST AMENDMENT AND WAIVER TO CREDIT AND SECURITY AGREEMENT (“Amendment”) is made as of this 15th day of March, 2010, by and among WELLS FARGO BANK NATIONAL ASSOCIATION acting through its Wells Fargo Business Credit operating division (the “Lender”), PROFESSIONAL VETERINARY PRODUCTS, LTD., a Nebraska corporation (“PVP”), EXACT LOGISTICS, LLC, a Nebraska limited liability company (“Exact”), PROCONN, LLC, a Nebraska limited liability company (“ProConn”; together with PVP and Exact, jointly and severally, the “Borrower”). This Amendment amends that certain Credit and Security Agreement among Borrower and Lender dated January 29, 2010 (as further modified, amended and restated, the “Credit Agreement”).
AMENDMENT NO. 1 TO REVOLVING NOTERevolving Note • August 27th, 2009 • Professional Veterinary Products LTD /Ne/ • Wholesale-durable goods, nec
This Amendment No. 1 to Revolving Note (as the same may from time to time be amended, restated, modified or otherwise supplemented, the “First Amendment”), dated August 21, 2009, is from Professional Veterinary Products, Ltd., a Nebraska corporation (“PVPL”), ProConn, LLC, a Nebraska limited liability company (“ProConn”), and Exact Logistics, LLC, a Nebraska limited liability company (“Exact”, together with PVPL and ProConn, collectively and individually herein referred to as “Borrower”), to and in favor of First National Bank of Omaha, a national banking association (“Bank”).
COMMERCIAL LEASE EXTENSION AND ADDENDUMCommercial Lease Extension and Addendum • October 25th, 2006 • Professional Veterinary Products LTD /Ne/ • Wholesale-durable goods, nec
THIS LEASE EXTENSION AGREEMENT (hereinafter referred to as the “Lease Extension”) is made and entered into this 2nd day of August, 2006, by and between ACH BRO LLC (hereinafter referred to as “Landlord”) and, as assignor of that certain lease dated 11th February 2005 between ACH BRO LLC and HOI POLLOI LLC and the Commercial Lease Extension and Addendum with The Independent Veterinary Group LLC to Professional Veterinary Products, Ltd. (hereinafter referred to as “Tenant”) each agreeing to be bound by the terms and conditions of this Lease Extension.
SEPARATION AGREEMENT AND RELEASESeparation Agreement and Release • November 28th, 2006 • Professional Veterinary Products LTD /Ne/ • Wholesale-durable goods, nec • Nebraska
This Separation Agreement and Release (“Agreement”) is made by and between Cheryl E. Miller, an individual (“Miller”), and Professional Veterinary Products, Ltd., a Nebraska corporation (“PVPL”).
