Parker Poe Adams & Bernstein Sample Contracts

WARRANT
Warrant Agreement • July 23rd, 2004 • Integrated Business Systems & Services Inc • Services-prepackaged software • Illinois
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Among SUMMIT PROPERTIES PARTNERSHIP, L.P. As Borrower
Credit Agreement • May 8th, 1998 • Summit Properties Inc • Real estate investment trusts • North Carolina
SECOND AMENDED AND RESTATED CREDIT AGREEMENT Dated as of December 14, 2015 among PIEDMONT NATURAL GAS COMPANY, INC., as the Borrower, WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent, Swing Line Lender and L/C Issuer, ROYAL BANK OF...
Credit Agreement • December 16th, 2015 • Piedmont Natural Gas Co Inc • Natural gas distribution • North Carolina

This SECOND AMENDED AND RESTATED CREDIT AGREEMENT (“Agreement”) is entered into as of December 14, 2015, among PIEDMONT NATURAL GAS COMPANY, INC., a North Carolina corporation (the “Borrower”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent, Swing Line Lender and L/C Issuer.

WHEREAS:
Registration Rights Agreement • June 29th, 2004 • Integrated Business Systems & Services Inc • Services-prepackaged software • Illinois
BY AND AMONG
Credit Agreement • February 27th, 1997 • Summit Properties Inc • Real estate investment trusts • North Carolina
BETWEEN
Stock Purchase Agreement • February 15th, 2000 • Insteel Industries Inc • Steel works, blast furnaces & rolling & finishing mills
PURCHASE AGREEMENT January 22, 2015 Speedway Motorsports, Inc. and The Guarantors named herein
Purchase Agreement • April 23rd, 2015 • U.S. Legend Cars International, Inc. • Services-racing, including track operation • New York

The Securities (as defined below) will be issued pursuant to an indenture, to be dated as of January 27, 2015 (the “Indenture”), among the Company, the Guarantors (as defined below) and U.S. Bank National Association, as trustee (the “Trustee”). Notes will be issued only in book-entry form in the name of Cede & Co., as nominee of The Depository Trust Company (the “Depositary”) pursuant to a letter of representations, dated July 1, 2004 (as defined in Section 2 hereof) (the “DTC Agreement”), among the Company and the Depositary.

FEE IN LIEU OF TAX AGREEMENT
Fee in Lieu of Tax Agreement • January 12th, 2024
CREDIT AGREEMENT Dated as of November 18, 2011 among HEALTH MANAGEMENT ASSOCIATES, INC., as the Borrower, WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent, Swing Line Lender and L/C Issuer, WELLS FARGO SECURITIES, LLC, as Joint Lead...
Credit Agreement • February 27th, 2012 • Health Management Associates Inc • Services-general medical & surgical hospitals, nec • New York

This CREDIT AGREEMENT is entered into as of November 18, 2011, among HEALTH MANAGEMENT ASSOCIATES, INC., a Delaware corporation (the “Borrower”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”) and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent, Swing Line Lender and L/C Issuer.

SPECIAL SOURCE CREDIT AGREEMENT
Special Source Credit Agreement • September 28th, 2023 • South Carolina

THIS SPECIAL SOURCE CREDIT AGREEMENT, dated as of [], 2023 (this “Agreement”), among GREENVILLE COUNTY, SOUTH CAROLINA, a body politic and corporate and a political subdivision of the State of South Carolina (the “County”), and CHEROKEE LANDING, LP, a limited partnership organized and existing under the laws of the State of Indiana (the “Company”).

SIXTH AMENDED AND RESTATED CREDIT AGREEMENT Dated as of March 13, 2024 among SONIC AUTOMOTIVE, INC., CERTAIN OF THE COMPANY’S SUBSIDIARIES, as New Vehicle Borrowers, CERTAIN OF THE COMPANY’S SUBSIDIARIES, as Used Vehicle Borrowers, BANK OF AMERICA,...
Credit Agreement • March 19th, 2024 • Sonic Automotive Inc • Retail-auto dealers & gasoline stations • North Carolina

This SIXTH AMENDED AND RESTATED CREDIT AGREEMENT (“Agreement”) is entered into as of March 13, 2024, among SONIC AUTOMOTIVE, INC., a Delaware corporation (the “Company” and a “Used Vehicle Borrower”), certain Subsidiaries of the Company party hereto pursuant to Section 2.24 (each a “New Vehicle Borrower”), certain Subsidiaries of the Company party hereto pursuant to Section 2.25 (each a “Used Vehicle Borrower” and together with the Company and the New Vehicle Borrowers, the “Borrowers” and each individually a “Borrower”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), BANK OF AMERICA, N.A., as Administrative Agent, Revolving Swing Line Lender, New Vehicle Swing Line Lender and Used Vehicle Swing Line Lender and an L/C Issuer.

FEE-IN-LIEU OF TAX AGREEMENT
Fee-in-Lieu of Tax Agreement • December 9th, 2022 • South Carolina

THIS FEE-IN-LIEU OF TAX AGREEMENT is dated as of December 12, 2022, by and between BERKELEY COUNTY, SOUTH CAROLINA, a body politic and corporate and a political subdivision of the State of South Carolina (the “County”), Redwood Materials East, LLC, Camp Hall Campus 3, LLC, and any related or affiliated entities and any sponsor affiliates (collectively, the “Company”).

FOURTH AMENDMENT TO CREDIT AGREEMENT AND LENDER JOINDER
Credit Agreement • November 23rd, 2022 • Sonic Automotive Inc • Retail-auto dealers & gasoline stations • North Carolina

THIS FOURTH AMENDMENT TO CREDIT AGREEMENT AND LENDER JOINDER (the “Amendment”), dated as of November 17, 2022, is made by SONIC AUTOMOTIVE, INC., a Delaware corporation (the “Company”), each of the Lenders (as defined in the Credit Agreement), including the New Lenders (as defined herein), each of the Subsidiary Guarantors (as defined in the Credit Agreement), including the New Subsidiary Guarantors (as defined herein), and PNC BANK, NATIONAL ASSOCIATION, as Administrative Agent for the Lenders (in such capacity, the “Administrative Agent”).

FEE-IN-LIEU OF AD VALOREM TAXES AGREEMENT BETWEEN
Fee-in-Lieu of Ad Valorem Taxes Agreement • April 21st, 2022 • South Carolina

THIS FEE-IN-LIEU OF AD VALOREM TAXES AGREEMENT (this “Fee Agreement”) is made and entered into as of May 2, 2022, by and between Darlington County, South Carolina (the “County”), a body politic and corporate and a political subdivision of the State of South Carolina (the “State”), acting by and through the Darlington County Council (the “County Council”) as the governing body of the County, and Jefferson Solar, LLC, a limited liability company duly organized and existing under the laws of the State of South Carolina (the “Sponsor”), previously identified as Project Jefferson II.

AMENDMENT NO. 2 TO FOURTH AMENDED AND RESTATED CREDIT AGREEMENT AND MODIFICATION TO LOAN DOCUMENTS
Credit Agreement • October 29th, 2020 • Sonic Automotive Inc • Retail-auto dealers & gasoline stations • North Carolina

This FOURTH AMENDED AND RESTATED CREDIT AGREEMENT (“Agreement”) is entered into as of November 30, 2016, among SONIC AUTOMOTIVE, INC., a Delaware corporation (the “Company”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and an L/C Issuer.

AMENDMENT NO. 3 TO THIRD AMENDED AND RESTATED SYNDICATED NEW AND USED VEHICLE FLOORPLAN CREDIT AGREEMENT AND MODIFICATION TO LOAN DOCUMENTS
Syndicated New and Used Vehicle Floorplan Credit Agreement • October 29th, 2020 • Sonic Automotive Inc • Retail-auto dealers & gasoline stations • North Carolina

This THIRD AMENDED AND RESTATED SYNDICATED NEW AND USED VEHICLE FLOORPLAN CREDIT AGREEMENT (“Agreement”) is entered into as of November 30, 2016, among SONIC AUTOMOTIVE, INC., a Delaware corporation (the “Company” and a “Used Vehicle Borrower”), certain Subsidiaries of the Company party hereto pursuant to Section 2.20 (each a “New Vehicle Borrower”), certain Subsidiaries of the Company party hereto pursuant to Section 2.21 (each a “Used Vehicle Borrower” and together with the Company and the New Vehicle Borrowers, the “Borrowers” and each individually a “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, New Vehicle Swing Line Lender and Used Vehicle Swing Line Lender, and BANK OF AMERICA, N.A., as Revolving Administrative Agent (in the capacity of collateral agent for the Secured Parties referenced below).

TERM LOAN CREDIT AGREEMENT dated as of March 26, 2024, by and among DUKE ENERGY CORPORATION as Borrower, the lenders referred to herein, as Lenders and PNC BANK, N.A. as Administrative Agent, PNC CAPITAL MARKETS LLC REGIONS BANK U.S. BANK NATIONAL...
Term Loan Credit Agreement • May 7th, 2024 • Duke Energy Florida, Llc. • Electric services • New York

TERM LOAN CREDIT AGREEMENT dated as of March 26, 2024, by and among DUKE ENERGY CORPORATION, a Delaware corporation, as Borrower, the Lenders from time to time party hereto and PNC BANK, N.A., as Administrative Agent.

SECOND AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT dated as of September 27, 2024, among VIATRIS INC. as Borrower and the Guarantors from time to time party hereto and BANK OF AMERICA, N.A., as Administrative Agent and the Lenders and the Issuing...
Revolving Credit Agreement • September 27th, 2024 • Viatris Inc • Pharmaceutical preparations • New York

This SECOND AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT (this “Agreement”) is dated as of September 27, 2024 among VIATRIS INC., a Delaware corporation (the “Borrower”), certain Affiliates and Subsidiaries of the Borrower from time to time party hereto as Guarantors, each Lender and Issuing Bank from time to time party hereto, and BANK OF AMERICA, N.A., as Administrative Agent.

SERIES CERTIFICATE AGREEMENT
Series Certificate Agreement • August 9th, 2018 • America First Multifamily Investors, L.P. • Finance services • Virginia
AIRGAS, INC.
Underwriting Agreement • September 11th, 2009 • Airgas Inc • Wholesale-industrial machinery & equipment • New York

Introductory. Airgas, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several underwriters named in Schedule A (the “Underwriters”), acting severally and not jointly, the respective amounts set forth in such Schedule A of $400,000,000 aggregate principal amount of the Company’s 4.50% Notes due 2014 (the “Notes”). The Notes will be unconditionally guaranteed on a senior basis as to the payment of principal, premium, if any, and interest (the “Guarantees”) by each of the subsidiaries of the Company named in Schedule B hereto (collectively, the “Guarantors”). The Notes and the Guarantees are hereinafter collectively called the “Securities.” Banc of America Securities LLC (“BAS”), Barclays Capital Inc. and J.P. Morgan Securities Inc. have agreed to act as representatives of the several Underwriters (in such capacity, the “Representatives”) in connection with the offering and sale of the Securities.

REGISTRATION RIGHTS AGREEMENT by and among Speedway Motorsports, Inc., and the Guarantors named herein and Merrill Lynch, Pierce, Fenner & Smith Incorporated SunTrust Robinson Humphrey, Inc. Wells Fargo Securities, LLC PNC Capital Markets LLC Fifth...
Registration Rights Agreement • April 23rd, 2015 • U.S. Legend Cars International, Inc. • Services-racing, including track operation • New York

This Agreement is made pursuant to the Purchase Agreement, dated as of January 22, 2015 (the “Purchase Agreement”), by and among the Issuer, the Guarantors and the Initial Purchasers, (i) for the benefit of the Initial Purchasers and (ii) for the benefit of the Holders from time to time of Transfer Restricted Securities (including the Initial Purchasers). In order to induce the Initial Purchasers to purchase the Securities, the Issuer and the Guarantors have agreed to provide the registration rights set forth in this Agreement. The execution and delivery of this Agreement is a condition to the obligations of the Initial Purchasers set forth in Section 5(g) of the Purchase Agreement.

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FEE-IN-LIEU OF AD VALOREM TAXES AND INCENTIVE AGREEMENT AMONG
Fee-in-Lieu of Ad Valorem Taxes and Incentive Agreement • July 3rd, 2013 • South Carolina

Agreement”) is made and entered into as of November 20, 2012, by and among Greenville County, South Carolina (“County”), a body politic and corporate and a political subdivision of the State of South Carolina (“State”), acting by and through the Greenville County Council (“County Council”) as the governing body of the County, and Drive Automotive Industries of America, Inc., a Delaware corporation, as sponsor (“Sponsor”), and MI Developments (America) Inc., a Delaware corporation, as sponsor affiliate (“Sponsor Affiliate,” together with the Sponsor, the “Company” and with County, “Parties,” each, including the County, a “Party”).

AGREEMENT FOR THE SALE OF ELECTRICAL OUTPUT TO
Agreement for the Sale of Electrical Output • December 9th, 2015

THIS AGREEMENT, effective this 10th day of November, 2015, (the “Effective Date”) by and between VIRGINIA ELECTRIC AND POWER COMPANY, a Virginia public service company with its principal office in Richmond, Virginia, doing business in Virginia as Dominion Virginia Power, and in North Carolina as Dominion North Carolina Power, hereinafter called “Dominion North Carolina Power” or “Company”, and White Farm Solar, LLC, a North Carolina limited liability corporation, with its principal office in 3250 Ocean Park Blvd, Ste 355 Santa Monica, California, 90405, hereinafter called "Operator", operator of the White Farm Facility, hereinafter called the "Facility":

THIS MODIFICATION OF DEED OF TRUST AND SECURITY AGREEMENT
Modification of Deed of Trust and Security Agreement • February 15th, 2016

(this “Modification”) is entered into as of February , 2015 by and among the CITY OF DURHAM, NORTH CAROLINA, a municipal corporation regularly created and validly existing under the laws of the State of North Carolina (the “Grantor”), ASHLEY L. HOGEWOOD, JR., a North Carolina resident, as trustee (the “Trustee”), and U.S. BANK NATIONAL ASSOCIATION, a national banking association, as successor to Deutsche Bank National Trust Company, as certificate trustee (the “Certificate Trustee”) and as assignee of NEW DURHAM CORPORATION, a North Carolina nonprofit corporation (the “Corporation” and together with its successors and assigns, the “Beneficiary”), under the Indenture of Trust dated as of August 1, 2003 (the “2003 Indenture”), as supplemented by Supplemental Indenture, Number 1 dated as of May 1, 2005 (the “First Supplement”) and as further supplemented by Supplemental Indenture, Number 2 dated as of May 17, 2012 (the “Second Supplement,” and together with the 2003 Indenture and the Firs

EX-10.1 2 loop_ex101.htm LIMITED LIABILITY COMPANY AGREEMENT Execution Copy LIMITED LIABILITY COMPANY AGREEMENT of INDORAMA LOOP TECHNOLOGIES, LLC, between LOOP INNOVATIONS, LLC and INDORAMA VENTURES HOLDINGS LP dated as of September 24, 2018
Limited Liability Company Agreement • May 5th, 2020 • Delaware

[***] Confidential treatment has been requested for the bracketed portions. The confidential redacted portion has been omitted and filed separately with the Securities and Exchange Commission.

Drafted by and Return to: Donald P. Ubell, Esq.
Deed of Trust • January 13th, 2011 • North Carolina
Pursuant to N.C. Gen. Stat. Section 160A-20
Deed of Trust, Security Agreement and Fixture Filing • April 14th, 2023

of Trust”) is made and entered into this 11th of May, 2023 by and between the Town of Knightdale, North Carolina, a municipal corporation created under the laws of the State of North Carolina, whose address is 950 Steeple Square Ct., Knightdale, North Carolina 27545 (hereinafter called the “Grantor”), and [Jackie Young, whose address is 450 S. Orange Ave, Floor 10, Orlando, Florida 32801], as Trustee (hereinafter called the “Trustee”), and JPMorgan Chase Bank, N.A. (hereinafter called the “Beneficiary”);

Ground Lease
Ground Lease • March 25th, 2013 • North Carolina

Corporate and Politic personally came before me on this day and acknowledged the execution of this Memorandum of Ground Lease.

CONVERTING AND TRANSFERRING THE PROPERTY SUBJECT TO AN EXISTING FEE-IN-LIEU OF PROPERTY TAXES ARRANGEMENT UNDER TITLE 4, CHAPTER 12 OF THE SOUTH CAROLINA CODE, 1976 AS AMENDED TO A FEE-IN-LIEU OF PROPERTY TAXES ARRANGEMENT UNDER TITLE 12, CHAPTER 44,...
Conversion and Fee-in-Lieu of Ad Valorem Taxes Agreement • February 27th, 2020

Agreement”) is dated as of March 3, 2020, by and between Greenville County, South Carolina (“County”), a body politic and corporate and a political subdivision of the State of South Carolina (“State”), and Nutra Manufacturing, LLC, a Delaware limited liability company (“Company,” together with the County, “Parties,” each, a “Party”).

WHEREAS:
Common Stock Purchase Agreement • June 29th, 2004 • Integrated Business Systems & Services Inc • Services-prepackaged software • Illinois
SPECIAL SOURCE CREDIT AGREEMENT
Special Source Credit Agreement • December 29th, 2021 • South Carolina

WHEREAS, the County, acting by and through its County Council (the “County Council”) is authorized by Section 4-1-175 of the Code of Laws of South Carolina 1976, as amended (the “Infrastructure Credit Act”), to provide special source credit financing, secured by and payable solely from revenues of the County derived from payments in lieu of taxes pursuant to Article VIII, Section 13 of the South Carolina Constitution, for the purpose of defraying the cost of designing, acquiring, constructing, improving, or expanding the Infrastructure (as defined below), used in the operation of a manufacturing facility or commercial enterprise in order to enhance the economic development of the County, all within the meaning of Section 4-29-68 of the Code of Laws of South Carolina 1976, as amended; and

Contract
Franchise Agreement • November 24th, 2010

CAROLINA PLACE JOINT VENTURE, Plaintiff, v. FLAMERS CHARBURGERS, INC. d/b/a FLAMERS CHARBROILED HAMBURGERS, and F.A. INTER- NATIONAL, INC. Defendants, v. F.A. INTERNATIONAL, INC. and

LEASE
Lease Agreement • June 17th, 2010 • North Carolina

THIS LEASE, dated as of July 1, 2010, and entered into by and between the COUNTY OF CHATHAM, NORTH CAROLINA, a political subdivision of the State of North Carolina, as lessor (the “County”), and the CHATHAM COUNTY BOARD OF EDUCATION, a body corporate which has general control and supervision of all matters pertaining to the public schools in the Chatham County School Administrative Unit, its school administrative unit, and is duly organized and existing under the laws of the State of North Carolina (the “Board of Education”),

AMENDED & RESTATED INFRASTRUCTURE CREDIT AGREEMENT
Infrastructure Credit Agreement • March 2nd, 2017 • South Carolina

Agreement”) is made and entered into as of March 7, 2017, by and among Greenville County, South Carolina (“County”), a body politic and corporate and a political subdivision of the State of South Carolina (“State”), acting by and through the Greenville County Council (“County Council”) as the governing body of the County; and AVX Corporation, a Delaware corporation, authorized to transact business in South Carolina, its affiliated and related entities and assigns, (“Company”), with respect to the Project (defined below).

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