Browse EX-10 agreements

GUARANTY

(Payment and Performance)

THIS GUARANTY (this “Guaranty”) is executed effective as of June 17, 2026, by PARKS! AMERICA, INC., a Nevada corporation (“Guarantor”), for the benefit of CENDERA BANK, a Texas state bank, successor to Cendera Bank, N.A., a national association (together with its successors and assigns, “Lender”).

 

RECITALS:

 

WHEREAS, pursuant to that certain Amended and Restated Promissory Note, dated of even date herewith, executed by AGGIELAND-PARKS, INC., a Texas corporation (“Borrower”) and payable to the order of Lender in the original stated principal amount of TWO MILLION THREE HUNDRED THIRTY THOUSAND NINE HUNDRED THIRTY-THREE AND 25/100 DOLLARS ($2,330,33.25) (together with all renewals, modifications, increases and extensions thereof, the “Note”), Borrower has become indebted and may from time to time be further indebted, to Lender with respect to a loan (the “Loan”) which is made pursuant to that certain Loan Agreement, dated September 30, 2024, between Borrower and Lender (as the same may be amended, restated,

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ANNEX I TO FIRST MODIFICATION OF LOAN DOCUMENTS

 

LOAN AGREEMENT

 

THIS LOAN AGREEMENT (this “Agreement”) is made and entered into effective as of September 30, 2024, by and between AGGIELAND-PARKS, INC., a Texas corporation (“Borrower”), and CENDERA BANK, a Texas state bank, successor to Cendera Bank, N.A., a national association (“Lender”). For ease of reference the title of the various articles in this Agreement are provided hereinbelow:

 

 

Article I

Definition of Terms

 

Article II

The Loan

 

Article III

Conditions to Closing

 

Article IV

Warranties and Representations

 

Article V

Covenants of Borrower

 

Article VI

Assignments, Casualty, Condemnation and Reserves

 

Article VII

Events of Default

 

Article VIII

Lender’s Disclaimers - Borrower’s Indemnities

 

Article IX

Miscellaneous

 

ARTICLE I

DEFINITION OF TERMS

 

Section 1.1. Definitions. As used in this Agreement, the following terms shall have the respective meanings indicated below:

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AMENDED AND RESTATED PROMISSORY NOTE

 

$2,330,933.25

Effective as of June 17, 2026 (the “Effective Date”)

 

FOR VALUE RECEIVED, AGGIELAND-PARKS, INC., a Texas corporation (whether one or more, “Borrower”), hereby promises to pay to the order of CENDERA BANK, a Texas state bank, successor to Cendera Bank, N.A., a national banking association (together with its successors and assigns and any subsequent holders of this Promissory Note, the “Lender”), as hereinafter provided, the principal sum of TWO MILLION THREE HUNDRED THIRTY THOUSAND NINE HUNDRED THIRTY-THREE AND 25/100 DOLLARS ($2,330,933.25) or so much thereof as may be advanced by Lender from time to time hereunder to or for the benefit or account of Borrower, together with interest thereon at the Note Rate (as hereinafter defined), and otherwise in strict accordance with the terms and provisions hereof.

 

ARTICLE I

DEFINITIONS

 

Section 1.1 Definitions. As used in this Amended and Restated Promissory Note, the following terms shall have the following meanings:

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Document

*CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT BECAUSE IT IS BOTH NOT MATERIAL AND WOULD LIKELY CAUSE COMPETITIVE HARM TO THE REGISTRANT IF PUBLICLY DISCLOSED. [***] INDICATES THAT INFORMATION HAS BEEN REDACTED.

AMENDMENT NUMBER NINE TO LOAN AND SECURITY AGREEMENT

This Amendment Number Nine to Loan and Security Agreement (this “Amendment”) is entered into as of June 26, 2026 (the “Ninth Amendment Effective Date”), by and among the lenders identified on the signature pages hereof (such lenders, together with their respective successors and permitted assigns, are referred to hereinafter each individually as a “Lender” and collectively as the “Lenders”), [***], administrative agent for each member of the Lender Group and the Bank Product Providers (in such capacity, together with its successors and assigns in such capacity, “Agent”), as lead arranger (in such capacity, together with its successors and assigns in such capacity, the “Lead Arranger”), and as book runner (in such capacity, together with its successors and assigns in such capacity,

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Exhibit 10.2

Execution Version

TENTH AMENDMENT TO CREDIT AGREEMENT

 

This TENTH AMENDMENT TO CREDIT AGREEMENT, dated as of June 24, 2026 (including the annexes, schedules, exhibits and other attachments hereto, this “Tenth Amendment”), by and among Vistra Operations Company LLC, a Delaware limited liability company (the “Borrower”), the Lenders party hereto and Citibank, N.A., as Administrative Agent and as Collateral Agent. Capitalized terms used but not defined herein shall have the respective meanings assigned to such terms in the Credit Agreement (as defined below) as modified hereby.

 

RECITALS:

 

WHEREAS, reference is hereby made to the Credit Agreement, dated as of February 4, 2022 (as amended, restated, amended and restated, supplemented and/or otherwise modified from time to time prior to the Tenth Amendment Effective Date referred to below, the “Credit Agreement”), among Holdings, the Borrower, the Lenders party thereto, the Administrative Agent, the Collateral Agent and the other parties named therein;

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Exhibit 10.1

Execution Version

EIGHTEENTH AMENDMENT TO CREDIT AGREEMENT

 

This EIGHTEENTH AMENDMENT TO CREDIT AGREEMENT, dated as of June 24, 2026 (including the annexes, schedules, exhibits and other attachments hereto, this “Eighteenth Amendment”), by and among Vistra Operations Company LLC, a Delaware limited liability company (the “Borrower”), the financial institutions providing 2026-A New Revolving Credit Commitments (as defined below) (each, a “2026-A New Revolving Loan Lender”), the 2026 Revolving Credit Lenders, the Letter of Credit Issuers and Citibank, N.A., as Administrative Agent and as Collateral Agent. Capitalized terms used but not defined herein shall have the respective meanings assigned to such terms in the Credit Agreement (as defined below) as modified hereby.

 

RECITALS:

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NOTICE OF GRANT OF STOCK OPTIONS

AND GRANT AGREEMENT

 

Progress Software Corporation

ID: 04-2746201

15 Wayside Road, Suite 400

Burlington, Massachusetts 01803

 

Grantee Name:

 

ISSUED PURSUANT TO THE 2008 STOCK OPTION AND INCENTIVE PLAN

 

Grant Type:

Option Number:

Date of Option Grant:

Plan:

Price of the Shares Granted:

Total Number of Shares Granted:

Option Price per Share:

Expiration Date:

 

You have the right to purchase the number of shares of Common Stock of Progress Software Corporation for the Option Price per Share on or before the Expiration Date listed above. The option is subject to the full terms and conditions attached hereto. This option shall become exercisable in accordance with the vesting defined in your E*TRADE account (by clicking on the option number you will see the full vesting details).

 

 

NON-QUALIFIED STOCK OPTION AGREEMENT

UNDER THE PROGRESS SOFTWARE CORPORATION

2008 STOCK OPTION AND INCENTIVE PLAN

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PROGRESS SOFTWARE CORPORATION

Performance-Based Stock Unit Agreement Amended and Restated Progress Software Corporation

2008 Stock Option and Incentive Plan

Name of Grantee:

This Notice of Award of Performance-Based Stock Units (“Notice”) evidences the award of performance-based stock units (each, a “PSU,” and collectively, the “PSUs”) of Progress Software Corporation, a Delaware corporation (the “Company”), that have been granted to you pursuant to the Progress Software Corporation 2008 Stock Option and Incentive Plan, as amended and restated (the “Plan”) and conditioned upon your agreement to the terms and conditions of the attached Performance-Based Stock Unit Agreement (the “Agreement”). This Notice constitutes part of and is subject to the terms and provisions of the Agreement and the Plan, which are incorporated by reference herein. Each PSU is equivalent in value to one share of the Company’s Stock and represents the Company’s commitment to issue one share of the Company’s Stock at a future date, subject to the terms of the Agreement and the Plan. The PSUs are

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NOTICE OF GRANT OF RESTRICTED STOCK UNITS

AND GRANT AGREEMENT

Progress Software CorporationID: 04-2746201 15 Wayside Road, 4th Floor Burlington, Massachusetts 01803

 

Grantee Name:

 

ISSUED PURSUANT TO THE 2008 STOCK OPTION AND INCENTIVE PLAN

Grant Type: Award Number: Date of RSU Award: Plan: Total Number of Shares Granted:

Congratulations on your new award! You have been awarded Restricted Stock Units of Progress Software Corporation per the details above. These Restricted Stock Units are subject to the full terms and conditions attached hereto. These Restricted Stock Units are restricted until the vest dates defined in your E*TRADE account (by clicking on the award number you will see the full vesting details).

 

 

RESTRICTED STOCK UNIT AWARD AGREEMENT UNDER THE PROGRESS SOFTWARE CORPORATION 2008 STOCK OPTION AND INCENTIVE PLAN

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NOTICE OF GRANT OF DEFERRED STOCK UNITS

AND GRANT AGREEMENT

 

Progress Software Corporation

ID: 04-2746201

15 Wayside Road, Suite 400

Burlington, Massachusetts 01803

Grantee Name:

 

ISSUED PURSUANT TO THE 2008 STOCK OPTION AND INCENTIVE PLAN

 

Grant Type:

Award Number:

Date of DSU Award:

Plan:

Total Number of Shares Granted:

 

Congratulations on your new award! You have been awarded Deferred Stock Units of Progress Software Corporation per the details above. This Deferred Stock Unit is subject to the full terms and conditions attached hereto. These Deferred Stock Units are restricted until the vest dates defined in your E*TRADE account (by clicking on the award number you will see the full vesting details).

 

 

DEFERRED STOCK UNIT AWARD AGREEMENT UNDER THE PROGRESS SOFTWARE CORPORATION 2008 STOCK OPTION AND INCENTIVE PLAN

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