December 10th, 2021 · Common Contracts · 1000 similar Motive Capital Corp II – INVESTMENT MANAGEMENT TRUST AGREEMENT This Investment Management Trust Agreement (this “Agreement”) is made effective as of December 6, 2021 by and between Motive Capital Corp II, a Cayman Islands exempted company (the “Company”), and Continental Stock Transfer & Trust Company, a New York corporation (the “Trustee”).
This Investment Management Trust Agreement (this “Agreement”) is made effective as of December 6, 2021 by and between Motive Capital Corp II, a Cayman Islands exempted company (the “Company”), and Continental Stock Transfer & Trust Company, a New York corporation (the “Trustee”).
January 25th, 2021 · Common Contracts · 1000 similar Phio Pharmaceuticals Corp. – SECURITIES PURCHASE AGREEMENT This Securities Purchase Agreement (this “Agreement”) is dated as of January 21, 2021, between Phio Pharmaceuticals Corp., a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”).
This Securities Purchase Agreement (this “Agreement”) is dated as of January 21, 2021, between Phio Pharmaceuticals Corp., a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”).
March 24th, 2021 · Common Contracts · 1000 similar LDH Growth Corp I – INDEMNITY AGREEMENT THIS INDEMNITY AGREEMENT (this “Agreement”) is made as of March 18, 2021, by and between LDH Growth Corp I, a Cayman Islands exempted company (the “Company”), and (“Indemnitee”).
THIS INDEMNITY AGREEMENT (this “Agreement”) is made as of March 18, 2021, by and between LDH Growth Corp I, a Cayman Islands exempted company (the “Company”), and (“Indemnitee”).
March 25th, 2022 · Common Contracts · 1000 similar Twelve Seas Investment Co IV TMT – Twelve Seas Investment Company IV TMT 20,000,000 Units1 UNDERWRITING AGREEMENT Twelve Seas Investment Company IV TMT, a Delaware corporation (the “Company”), proposes to issue and sell to the several underwriters named in Schedule I hereto (the “Underwriters”), for which you are acting as Representative (the “Representative”), an aggregate of 20,000,000 units (the “Units”) of the Company (said Units to be issued and sold by the Company being hereinafter called the “Firm Securities”) (the “Offering”). The Company also proposes to grant to the Underwriters an option to purchase up to 3,000,000 additional Units to cover over-allotments (the “Option Securities”; the Option Securities, together with the Firm Securities, being hereinafter called the “Underwritten Securities”). To the extent there are no additional Underwriters listed on Schedule I other than you, the term Representative as used herein shall mean you, as Underwriter, and the term Underwriter shall mean either the singular or plural as the context requires. Certain capitalized terms used in this Agreemen
Twelve Seas Investment Company IV TMT, a Delaware corporation (the “Company”), proposes to issue and sell to the several underwriters named in Schedule I hereto (the “Underwriters”), for which you are acting as Representative (the “Representative”), an aggregate of 20,000,000 units (the “Units”) of the Company (said Units to be issued and sold by the Company being hereinafter called the “Firm Securities”) (the “Offering”). The Company also proposes to grant to the Underwriters an option to purchase up to 3,000,000 additional Units to cover over-allotments (the “Option Securities”; the Option Securities, together with the Firm Securities, being hereinafter called the “Underwritten Securities”). To the extent there are no additional Underwriters listed on Schedule I other than you, the term Representative as used herein shall mean you, as Underwriter, and the term Underwriter shall mean either the singular or plural as the context requires. Certain capitalized terms used in this Agreemen
March 27th, 2018 · Common Contracts · 1000 similar Patterson Uti Energy Inc – AMENDED AND RESTATED CREDIT AGREEMENT This AMENDED AND RESTATED CREDIT AGREEMENT is entered into as of March 27, 2018 among PATTERSON-UTI ENERGY, 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 the Administrative Agent, Swing Line Lender, an L/C Issuer and a Lender.
This AMENDED AND RESTATED CREDIT AGREEMENT is entered into as of March 27, 2018 among PATTERSON-UTI ENERGY, 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 the Administrative Agent, Swing Line Lender, an L/C Issuer and a Lender.
December 10th, 2021 · Common Contracts · 1000 similar Motive Capital Corp II – WARRANT AGREEMENT Dated December 6, 2021 THIS WARRANT AGREEMENT (this “Agreement”), dated December 6, 2021, is by and between Motive Capital Corp II, a Cayman Islands exempted company (the “Company”), and Continental Stock Transfer & Trust Company, a New York corporation, as warrant agent (in such capacity, the “Warrant Agent”).
THIS WARRANT AGREEMENT (this “Agreement”), dated December 6, 2021, is by and between Motive Capital Corp II, a Cayman Islands exempted company (the “Company”), and Continental Stock Transfer & Trust Company, a New York corporation, as warrant agent (in such capacity, the “Warrant Agent”).
April 24th, 2013 · Common Contracts · 990 similar Coty Inc / – 2,500,000,000 CREDIT AGREEMENT Dated as of April 2, 2013 among COTY INC., THE LENDERS PARTIES HERETO, BANK OF AMERICA, N.A., BNP PARIBAS, CREDIT AGRICOLE CORPORATE & INVESTMENT BANK, DEUTSCHE BANK SECURITIES INC., ING BANK N.V., MORGAN STANLEY MUFG... CREDIT AGREEMENT, dated as of April 2, 2013 (this “Agreement”), among COTY INC., a Delaware corporation (the “Borrower”), the banks, financial institutions or other entities from time to time parties to this Agreement (as more specifically defined below, the “Lenders”) BNP PARIBAS, CREDIT AGRICOLE CORPORATE & INVESTMENT BANK, DEUTSCHE BANK SECURITIES INC., ING BANK N.V., BANK OF AMERICA, N.A., MORGAN STANLEY MUFG LOAN PARTNERS, LLC and WELLS FARGO BANK, N.A. as syndication agents (in such capacities, the “Syndication Agents”), and JPMORGAN CHASE BANK, N.A., as administrative agent.
CREDIT AGREEMENT, dated as of April 2, 2013 (this “Agreement”), among COTY INC., a Delaware corporation (the “Borrower”), the banks, financial institutions or other entities from time to time parties to this Agreement (as more specifically defined below, the “Lenders”) BNP PARIBAS, CREDIT AGRICOLE CORPORATE & INVESTMENT BANK, DEUTSCHE BANK SECURITIES INC., ING BANK N.V., BANK OF AMERICA, N.A., MORGAN STANLEY MUFG LOAN PARTNERS, LLC and WELLS FARGO BANK, N.A. as syndication agents (in such capacities, the “Syndication Agents”), and JPMORGAN CHASE BANK, N.A., as administrative agent.
March 24th, 2022 · Common Contracts · 914 similar Piedmont Lithium Inc. – UNDERWRITING AGREEMENT
November 12th, 2021 · Common Contracts · 846 similar DocGo Inc. – AMENDED AND RESTATED REGISTRATION RIGHTS AGREEMENT THIS AMENDED AND RESTATED REGISTRATION RIGHTS AGREEMENT (this “Agreement”) is entered into as of November 5, 2021, by and among Motion Acquisition Corp., a Delaware corporation (the “Company”) and the undersigned parties listed under Investors on the signature page hereto (each, an “Investor” and collectively, the “Investors”).
THIS AMENDED AND RESTATED REGISTRATION RIGHTS AGREEMENT (this “Agreement”) is entered into as of November 5, 2021, by and among Motion Acquisition Corp., a Delaware corporation (the “Company”) and the undersigned parties listed under Investors on the signature page hereto (each, an “Investor” and collectively, the “Investors”).
June 11th, 2020 · Common Contracts · 791 similar Piedmont Lithium LTD – UNDERWRITING AGREEMENT between PIEDMONT LITHIUM LIMITED and THINKEQUITY, A DIVISION OF FORDHAM FINANCIAL MANAGEMENT, INC., as Representative of the Several Underwriters The undersigned, Piedmont Lithium Limited, a company organized under the laws of the Commonwealth of Australia (the “Company” and, collectively with its subsidiaries and affiliates, including, without limitation, all entities disclosed or described in the Registration Statement (as hereinafter defined) as being subsidiaries or affiliates of Piedmont Lithium Limited, the “Company Group”), hereby confirms its agreement (this “Agreement”) with ThinkEquity, a division of Fordham Financial Management, Inc. (hereinafter referred to as “you” (including its correlatives) or the “Representative”), and with the other underwriters named on Schedule 1 hereto for which the Representative is acting as representative (the Representative and such other underwriters being collectively called the “Underwriters” or, individually, an “Underwriter”) as follows:
The undersigned, Piedmont Lithium Limited, a company organized under the laws of the Commonwealth of Australia (the “Company” and, collectively with its subsidiaries and affiliates, including, without limitation, all entities disclosed or described in the Registration Statement (as hereinafter defined) as being subsidiaries or affiliates of Piedmont Lithium Limited, the “Company Group”), hereby confirms its agreement (this “Agreement”) with ThinkEquity, a division of Fordham Financial Management, Inc. (hereinafter referred to as “you” (including its correlatives) or the “Representative”), and with the other underwriters named on Schedule 1 hereto for which the Representative is acting as representative (the Representative and such other underwriters being collectively called the “Underwriters” or, individually, an “Underwriter”) as follows:
June 17th, 2021 · Common Contracts · 627 similar Protagonist Therapeutics, Inc – 3,046,358 Shares Protagonist Therapeutics, Inc. UNDERWRITING AGREEMENT
September 23rd, 2021 · Common Contracts · 523 similar Aris Water Solutions, Inc. – SOLARIS MIDSTREAM HOLDINGS, LLC and each of the Guarantors PARTY HERETO INDENTURE Dated as of April 1, 2021 WELLS FARGO BANK, NATIONAL ASSOCIATION Trustee 7.625% SENIOR SUSTAINABILITY-LINKED NOTES DUE 2026 THIS INDENTURE dated as of April 1, 2021, is among Solaris Midstream Holdings, LLC (the “Company”), the Guarantors (as defined) and Wells Fargo Bank, National Association, a national banking association, as trustee.
THIS INDENTURE dated as of April 1, 2021, is among Solaris Midstream Holdings, LLC (the “Company”), the Guarantors (as defined) and Wells Fargo Bank, National Association, a national banking association, as trustee.
July 14th, 2021 · Common Contracts · 467 similar Welbilt, Inc. – AGREEMENT AND PLAN OF MERGER By and Among ALI HOLDING S.R.L., ALI GROUP NORTH AMERICA CORPORATION, ASCEND MERGER CORP. and WELBILT, INC. Dated as of July 14, 2021 THIS AGREEMENT AND PLAN OF MERGER, dated as of July 14, 2021 (this “Agreement”), is made by and among Ali Holding S.r.l., an Italian società a responsabilità limitata (“Parent”), Ali Group North America Corporation, a Delaware corporation and a wholly owned Subsidiary of Parent (“Acquiror”), Ascend Merger Corp., a Delaware corporation and a direct wholly owned Subsidiary of Acquiror (“Merger Sub”), and Welbilt, Inc., a Delaware corporation (the “Company”). Defined terms used in this Agreement have the respective meanings ascribed to them herein.
THIS AGREEMENT AND PLAN OF MERGER, dated as of July 14, 2021 (this “Agreement”), is made by and among Ali Holding S.r.l., an Italian società a responsabilità limitata (“Parent”), Ali Group North America Corporation, a Delaware corporation and a wholly owned Subsidiary of Parent (“Acquiror”), Ascend Merger Corp., a Delaware corporation and a direct wholly owned Subsidiary of Acquiror (“Merger Sub”), and Welbilt, Inc., a Delaware corporation (the “Company”). Defined terms used in this Agreement have the respective meanings ascribed to them herein.
February 24th, 2003 · Common Contracts · 449 similar K2 Inc – REGISTRATION RIGHTS AGREEMENT REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of February , 2003 by and among K2 Inc., a Delaware corporation (the “Company”), and the undersigned (together with their respective affiliates and any assignee or transferee of all of their respective rights hereunder, the “Initial Investors”).
REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of February , 2003 by and among K2 Inc., a Delaware corporation (the “Company”), and the undersigned (together with their respective affiliates and any assignee or transferee of all of their respective rights hereunder, the “Initial Investors”).
December 10th, 2021 · Common Contracts · 428 similar Motive Capital Corp II – REGISTRATION AND SHAREHOLDER RIGHTS AGREEMENT THIS REGISTRATION AND SHAREHOLDER RIGHTS AGREEMENT (this “Agreement”), dated as of December 6, 2021, is made and entered into by and among Motive Capital Corp II, a Cayman Islands exempted company (the “Company”), Motive Capital Funds Sponsor II, LLC, a Cayman Islands limited liability company (the “Sponsor”), and any person or entity who hereafter becomes a party to this Agreement pursuant to Section 6.2 of this Agreement (each such party, together with the Sponsor and, a “Holder” and collectively the “Holders”).
THIS REGISTRATION AND SHAREHOLDER RIGHTS AGREEMENT (this “Agreement”), dated as of December 6, 2021, is made and entered into by and among Motive Capital Corp II, a Cayman Islands exempted company (the “Company”), Motive Capital Funds Sponsor II, LLC, a Cayman Islands limited liability company (the “Sponsor”), and any person or entity who hereafter becomes a party to this Agreement pursuant to Section 6.2 of this Agreement (each such party, together with the Sponsor and, a “Holder” and collectively the “Holders”).
September 24th, 2020 · Common Contracts · 426 similar Forterra, Inc. – Common Stock, par value $0.001 per share Underwriting Agreement Forterra US Holdings, LLC, a Delaware limited liability company (the “Selling Stockholder”), proposes, subject to the terms and conditions stated herein, to sell to the Underwriters named in Schedule I hereto (the “Underwriters”) for whom you (the “Representatives”) are acting as representatives, an aggregate of 10,000,000 shares of common stock, par value $0.001 (“Stock”) of Forterra, Inc., a Delaware corporation (the “Company”) and, at the election of the Underwriters pursuant to Section 2 hereof, the Selling Stockholder also proposes, subject to the terms and conditions stated herein, to sell up to 1,500,000 additional shares of Stock. The initial shares proposed to be sold by the Selling Stockholder on the date hereof are hereinafter called the “Firm Shares” and the additional shares that the Underwriters elect to purchase from the Selling Stockholder pursuant to Section 2 hereof, if any, are hereinafter called the “Optional Shares”. The Firm Shares and the Optional Shares are here
Forterra US Holdings, LLC, a Delaware limited liability company (the “Selling Stockholder”), proposes, subject to the terms and conditions stated herein, to sell to the Underwriters named in Schedule I hereto (the “Underwriters”) for whom you (the “Representatives”) are acting as representatives, an aggregate of 10,000,000 shares of common stock, par value $0.001 (“Stock”) of Forterra, Inc., a Delaware corporation (the “Company”) and, at the election of the Underwriters pursuant to Section 2 hereof, the Selling Stockholder also proposes, subject to the terms and conditions stated herein, to sell up to 1,500,000 additional shares of Stock. The initial shares proposed to be sold by the Selling Stockholder on the date hereof are hereinafter called the “Firm Shares” and the additional shares that the Underwriters elect to purchase from the Selling Stockholder pursuant to Section 2 hereof, if any, are hereinafter called the “Optional Shares”. The Firm Shares and the Optional Shares are here
November 8th, 2010 · Common Contracts · 419 similar Ancestry.com Inc. – • Shares ANCESTRY.COM INC. COMMON STOCK, $0.001 PAR VALUE UNDERWRITING AGREEMENT Morgan Stanley & Co. Incorporated Merrill Lynch, Pierce, Fenner & Smith Incorporated Citigroup Global Markets, Inc. Jefferies & Company, Inc. Piper Jaffray & Co.
Morgan Stanley & Co. Incorporated Merrill Lynch, Pierce, Fenner & Smith Incorporated Citigroup Global Markets, Inc. Jefferies & Company, Inc. Piper Jaffray & Co.
December 6th, 2021 · Common Contracts · 385 similar Twelve Seas Investment Co IV TMT – FORM OF INDEMNITY AGREEMENT THIS INDEMNITY AGREEMENT (this “Agreement”) is made as of _______, 2021, by and between Twelve Seas Investment Company IV TMT, a Delaware corporation (the “Company”), and ___________ (“Indemnitee”).
THIS INDEMNITY AGREEMENT (this “Agreement”) is made as of _______, 2021, by and between Twelve Seas Investment Company IV TMT, a Delaware corporation (the “Company”), and ___________ (“Indemnitee”).
October 15th, 2004 · Common Contracts · 380 similar Capital Solutions I, Inc. – EXHIBIT 10.2 REGISTRATION RIGHTS AGREEMENT REGISTRATION RIGHTS AGREEMENT (this "Agreement"), dated as of August 26, 2004 by and between CAPITAL SOLUTIONS I, INC., a Delaware corporation, with its principal office located at 6915 Red Road - Suite 222...
February 17th, 2021 · Common Contracts · 370 similar Phio Pharmaceuticals Corp. – SECURITIES PURCHASE AGREEMENT This Securities Purchase Agreement (this “Agreement”) is dated as of February 12, 2021, between Phio Pharmaceuticals Corp., a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”).
This Securities Purchase Agreement (this “Agreement”) is dated as of February 12, 2021, between Phio Pharmaceuticals Corp., a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”).
May 17th, 2018 · Common Contracts · 368 similar Trinity Merger Corp. – INDEMNITY AGREEMENT THIS INDEMNITY AGREEMENT (this “Agreement”) is made as of May 15, 2018, by and between Trinity Merger Corp., a Delaware corporation (the “Company”), and Catherine Luke (“Indemnitee”).
THIS INDEMNITY AGREEMENT (this “Agreement”) is made as of May 15, 2018, by and between Trinity Merger Corp., a Delaware corporation (the “Company”), and Catherine Luke (“Indemnitee”).
October 27th, 2021 · Common Contracts · 337 similar Aris Water Solutions, Inc. – Class A Common Stock Underwriting Agreement Aris Water Solutions, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated in this agreement (this “Agreement”), to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of 17,650,000 shares of Class A common stock, par value $0.01 per share (“Stock”) of the Company, subject to the terms and conditions stated in this Agreement and, at the election of the Underwriters, up to 2,647,500 additional shares of Stock. The aggregate of 17,650,000 shares to be sold by the Company are herein called the “Firm Shares” and the aggregate of 2,647,500 additional shares to be sold by the Company are herein called the “Optional Shares.” The Firm Shares and the Optional Shares that the Underwriters elect to purchase pursuant to Section 2 hereof are herein collectively called the “Shares.”
Aris Water Solutions, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated in this agreement (this “Agreement”), to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of 17,650,000 shares of Class A common stock, par value $0.01 per share (“Stock”) of the Company, subject to the terms and conditions stated in this Agreement and, at the election of the Underwriters, up to 2,647,500 additional shares of Stock. The aggregate of 17,650,000 shares to be sold by the Company are herein called the “Firm Shares” and the aggregate of 2,647,500 additional shares to be sold by the Company are herein called the “Optional Shares.” The Firm Shares and the Optional Shares that the Underwriters elect to purchase pursuant to Section 2 hereof are herein collectively called the “Shares.”
January 20th, 2004 · Common Contracts · 334 similar CSK Auto Corp – CSK AUTO, INC. 7% Senior Subordinated Notes due 2014 REGISTRATION RIGHTS AGREEMENT [ ] CHECK HERE IF YOU ARE A BROKER-DEALER AND WISH TO RECEIVE 10 ADDITIONAL COPIES OF THE PROSPECTUS AND 10 COPIES OF ANY AMENDMENTS OR SUPPLEMENTS THERETO.
[ ] CHECK HERE IF YOU ARE A BROKER-DEALER AND WISH TO RECEIVE 10 ADDITIONAL COPIES OF THE PROSPECTUS AND 10 COPIES OF ANY AMENDMENTS OR SUPPLEMENTS THERETO.
September 30th, 2020 · Common Contracts · 314 similar Yojne S.A. – ENJOY S.A., INDENTURE dated as of August 14, 2020, among Enjoy S.A., a publicly traded stock corporation (sociedad anónima abierta) organized and existing under the laws of Chile (the “Company”), the Subsidiary Guarantors (as defined in Section 1.1 of this Indenture) party hereto, UMB BANK, N.A., a national banking association duly organized and existing under the laws of the United States of America, as trustee (the “Trustee”), paying agent, registrar and transfer agent, and Lord Securities Corporation, a corporation organized under the laws of the State of Delaware, as collateral agent (the “Collateral Agent”).
INDENTURE dated as of August 14, 2020, among Enjoy S.A., a publicly traded stock corporation (sociedad anónima abierta) organized and existing under the laws of Chile (the “Company”), the Subsidiary Guarantors (as defined in Section 1.1 of this Indenture) party hereto, UMB BANK, N.A., a national banking association duly organized and existing under the laws of the United States of America, as trustee (the “Trustee”), paying agent, registrar and transfer agent, and Lord Securities Corporation, a corporation organized under the laws of the State of Delaware, as collateral agent (the “Collateral Agent”).
September 29th, 2010 · Common Contracts · 313 similar Celanese CORP – REGISTRATION RIGHTS AGREEMENT by and among Celanese US Holdings LLC and the Guarantors party hereto and Banc of America Securities LLC Deutsche Bank Securities Inc. HSBC Securities (USA) Inc. J.P. Morgan Securities LLC RBS Securities Inc. Barclays... This Registration Rights Agreement (this “Agreement”) is made and entered into as of September 24, 2010, by and among Celanese US Holdings LLC, a Delaware limited liability company (the “Company”), the guarantors party hereto (collectively, the “Guarantors”), and Banc of America Securities LLC, Deutsche Bank Securities Inc., HSBC Securities (USA) Inc., J.P. Morgan Securities LLC, RBS Securities Inc., Barclays Capital Inc., Citigroup Global Markets Inc., Commerz Markets LLC, Goldman, Sachs & Co. and Mitsubishi UFJ Securities (USA), Inc. (collectively, the “Initial Purchasers”), each of whom has agreed to purchase the Company’s 65/8% Senior Notes due 2018 (the “Initial Notes”) fully and unconditionally guaranteed by the Guarantors (the “Guarantees”) pursuant to the Purchase Agreement (as defined below). The Initial Notes and the Guarantees attached thereto are herein collectively referred to as the “Initial Securities.”
This Registration Rights Agreement (this “Agreement”) is made and entered into as of September 24, 2010, by and among Celanese US Holdings LLC, a Delaware limited liability company (the “Company”), the guarantors party hereto (collectively, the “Guarantors”), and Banc of America Securities LLC, Deutsche Bank Securities Inc., HSBC Securities (USA) Inc., J.P. Morgan Securities LLC, RBS Securities Inc., Barclays Capital Inc., Citigroup Global Markets Inc., Commerz Markets LLC, Goldman, Sachs & Co. and Mitsubishi UFJ Securities (USA), Inc. (collectively, the “Initial Purchasers”), each of whom has agreed to purchase the Company’s 65/8% Senior Notes due 2018 (the “Initial Notes”) fully and unconditionally guaranteed by the Guarantors (the “Guarantees”) pursuant to the Purchase Agreement (as defined below). The Initial Notes and the Guarantees attached thereto are herein collectively referred to as the “Initial Securities.”
May 7th, 2010 · Common Contracts · 264 similar Greenbrier Companies Inc – THE GREENBRIER COMPANIES, INC. (an Oregon corporation) 4,000,000 Shares of Common Stock PURCHASE AGREEMENT The Greenbrier Companies, Inc., an Oregon corporation (the “Company”), confirms its agreement with Merrill Lynch, Pierce, Fenner & Smith Incorporated (“Merrill Lynch”) and Jefferies & Company, Inc. (“Jefferies”) and each of the other Underwriters named in Schedule A hereto (collectively, the “Underwriters,” which term shall also include any underwriter substituted as hereinafter provided in Section 10 hereof), for whom Merrill Lynch and Jefferies are acting as representatives (in such capacity, the “Representatives”), with respect to (i) the sale by the Company and the purchase by the Underwriters, acting severally and not jointly, of the respective numbers of shares of Common Stock, without par value per share, of the Company (“Common Stock”) set forth in Schedule A hereto and (ii) the grant by the Company to the Underwriters, acting severally and not jointly, of the option described in Section 2(b) hereof to purchase all or any part of 4,000,000 additional shares of Common Stock to c
The Greenbrier Companies, Inc., an Oregon corporation (the “Company”), confirms its agreement with Merrill Lynch, Pierce, Fenner & Smith Incorporated (“Merrill Lynch”) and Jefferies & Company, Inc. (“Jefferies”) and each of the other Underwriters named in Schedule A hereto (collectively, the “Underwriters,” which term shall also include any underwriter substituted as hereinafter provided in Section 10 hereof), for whom Merrill Lynch and Jefferies are acting as representatives (in such capacity, the “Representatives”), with respect to (i) the sale by the Company and the purchase by the Underwriters, acting severally and not jointly, of the respective numbers of shares of Common Stock, without par value per share, of the Company (“Common Stock”) set forth in Schedule A hereto and (ii) the grant by the Company to the Underwriters, acting severally and not jointly, of the option described in Section 2(b) hereof to purchase all or any part of 4,000,000 additional shares of Common Stock to c
September 26th, 2016 · Common Contracts · 255 similar Claires Stores Inc – SECOND AMENDED AND RESTATED CREDIT AGREEMENT Dated as of August 12, 2016 and Effective as of September 20, 2016 Among CLAIRE’S STORES, INC., as Borrower, CLAIRE’S INC., THE LENDERS PARTY HERETO, and CREDIT SUISSE AG, as Administrative Agent, SECOND AMENDED AND RESTATED CREDIT AGREEMENT, dated as of August 12, 2016 and effective as of September 20, 2016 (this “Agreement”), among CLAIRE’S INC. (formerly known as Bauble Holdings Corp.), a Delaware corporation (“Holdings”), CLAIRE’S STORES, INC., a Florida corporation (“Borrower”), the LENDERS party hereto from time to time, and CREDIT SUISSE AG, as administrative agent (in such capacity, the “Administrative Agent”) for the Lenders.
SECOND AMENDED AND RESTATED CREDIT AGREEMENT, dated as of August 12, 2016 and effective as of September 20, 2016 (this “Agreement”), among CLAIRE’S INC. (formerly known as Bauble Holdings Corp.), a Delaware corporation (“Holdings”), CLAIRE’S STORES, INC., a Florida corporation (“Borrower”), the LENDERS party hereto from time to time, and CREDIT SUISSE AG, as administrative agent (in such capacity, the “Administrative Agent”) for the Lenders.
April 7th, 2011 · Common Contracts · 247 similar Schlumberger LTD /Nv/ – Schlumberger N.V. INDENTURE Dated as of [__________], 2011 [Name of Trustee] as Trustee Subordinated Debt Securities Each party agrees as follows for the benefit of the other parties and for the equal and ratable benefit of the Holders (as defined below) of the Securities (as defined below) issued under this Indenture.
Each party agrees as follows for the benefit of the other parties and for the equal and ratable benefit of the Holders (as defined below) of the Securities (as defined below) issued under this Indenture.
February 1st, 2021 · Common Contracts · 245 similar TLG Acquisition One Corp. – INDEMNITY AGREEMENT THIS INDEMNITY AGREEMENT (this “Agreement”) is made as of January 27, 2021, by and between TLG ACQUISITION ONE CORP., a Delaware corporation (the “Company”), and Jonathan Morris (“Indemnitee”).
THIS INDEMNITY AGREEMENT (this “Agreement”) is made as of January 27, 2021, by and between TLG ACQUISITION ONE CORP., a Delaware corporation (the “Company”), and Jonathan Morris (“Indemnitee”).
November 5th, 2004 · Common Contracts · 245 similar Barr Pharmaceuticals Inc – CREDIT AGREEMENT Dated as of August 30, 2004 among BARR PHARMACEUTICALS, INC., as the Borrower, BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer, JPMORGAN CHASE BANK, as Syndication Agent, and The Other Lenders Party... This CREDIT AGREEMENT (“Agreement”) is entered into as of August 30, 2004, among Barr Pharmaceuticals, Inc., a Delaware corporation (the “Borrower”), certain of the Subsidiaries of the Borrower (individually a “Guarantor” and collectively the “Guarantors”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”). JPMORGAN CHASE BANK, as syndication agent (the “Syndication Agent”), and BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer.
This CREDIT AGREEMENT (“Agreement”) is entered into as of August 30, 2004, among Barr Pharmaceuticals, Inc., a Delaware corporation (the “Borrower”), certain of the Subsidiaries of the Borrower (individually a “Guarantor” and collectively the “Guarantors”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”). JPMORGAN CHASE BANK, as syndication agent (the “Syndication Agent”), and BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer.
July 17th, 2020 · Common Contracts · 237 similar Hewlett Packard Enterprise Co – HEWLETT PACKARD ENTERPRISE COMPANY Hewlett Packard Enterprise Company, a Delaware corporation (the “Company”), proposes to issue and sell to the several underwriters listed in Schedule 1 hereto (the “Underwriters”), for whom you are acting as representatives (the “Representatives”), $1,000,000,000 principal amount of its 1.450% Notes due 2024 (the “2024 Notes”) and $750,000,000 principal amount of its 1.750% Notes due 2026 (the “2026 Notes” and, together with the 2024 Notes, the “Securities”). The Securities will be issued pursuant to an Indenture, dated as of October 9, 2015 (the “Original Indenture”), between the Company and The Bank of New York Mellon Trust Company, N.A., as trustee (the “Trustee”), as supplemented by one or more supplemental indentures thereto to be dated as of the Closing Date (as defined below) (the “Supplemental Indentures” and, together with the Original Indenture, the “Indenture”), between the Company and the Trustee.
Hewlett Packard Enterprise Company, a Delaware corporation (the “Company”), proposes to issue and sell to the several underwriters listed in Schedule 1 hereto (the “Underwriters”), for whom you are acting as representatives (the “Representatives”), $1,000,000,000 principal amount of its 1.450% Notes due 2024 (the “2024 Notes”) and $750,000,000 principal amount of its 1.750% Notes due 2026 (the “2026 Notes” and, together with the 2024 Notes, the “Securities”). The Securities will be issued pursuant to an Indenture, dated as of October 9, 2015 (the “Original Indenture”), between the Company and The Bank of New York Mellon Trust Company, N.A., as trustee (the “Trustee”), as supplemented by one or more supplemental indentures thereto to be dated as of the Closing Date (as defined below) (the “Supplemental Indentures” and, together with the Original Indenture, the “Indenture”), between the Company and the Trustee.
September 14th, 2007 · Common Contracts · 227 similar AeroGrow International, Inc. – REGISTRATION RIGHTS AGREEMENT REGISTRATION RIGHTS AGREEMENT (this "Agreement"), dated as of March 28, 2007, by and among AeroGrow International, Inc., a Nevada corporation with headquarters located at 6075 Longbow Drive, Suite 200, Boulder, Colorado 80301 (the "Company"), and the undersigned buyers (each, an "Investor", and collectively, the "Investors" as listed on Exhibit A).
REGISTRATION RIGHTS AGREEMENT (this "Agreement"), dated as of March 28, 2007, by and among AeroGrow International, Inc., a Nevada corporation with headquarters located at 6075 Longbow Drive, Suite 200, Boulder, Colorado 80301 (the "Company"), and the undersigned buyers (each, an "Investor", and collectively, the "Investors" as listed on Exhibit A).
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March 18th, 2013 · Common Contracts · 208 similar MPG Office Trust, Inc. – LOAN AGREEMENT THIS LOAN AGREEMENT, dated as of April 4, 2007 (as amended, restated, replaced, supplemented or otherwise modified from time to time, this “Agreement”), between LEHMAN ALI INC., a Delaware corporation, having an address at 399 Park Avenue, New York, New York 10022 (together with its successors and assigns, “Lehman”) and GREENWICH CAPITAL FINANCIAL PRODUCTS, INC., a Delaware corporation, having an address at 600 Steamboat Road, Greenwich, Connecticut 06830 (together with its successors and assigns, “Greenwich”; collectively, Lehman and Greenwich are referred to herein as “Lender”), and NORTH TOWER, LLC, having an address at 1733 Ocean Avenue, 4th Floor, Santa Monica, California 90401 (“Borrower”).
THIS LOAN AGREEMENT, dated as of April 4, 2007 (as amended, restated, replaced, supplemented or otherwise modified from time to time, this “Agreement”), between LEHMAN ALI INC., a Delaware corporation, having an address at 399 Park Avenue, New York, New York 10022 (together with its successors and assigns, “Lehman”) and GREENWICH CAPITAL FINANCIAL PRODUCTS, INC., a Delaware corporation, having an address at 600 Steamboat Road, Greenwich, Connecticut 06830 (together with its successors and assigns, “Greenwich”; collectively, Lehman and Greenwich are referred to herein as “Lender”), and NORTH TOWER, LLC, having an address at 1733 Ocean Avenue, 4th Floor, Santa Monica, California 90401 (“Borrower”).