MERCADOLIBRE, INC. AND WILMINGTON TRUST, NATIONAL ASSOCIATION as Trustee INDENTURE Dated as of August 24, 2018 2.00% Convertible Senior Notes due 2028Indenture • August 24th, 2018 • Mercadolibre Inc • Services-business services, nec • New York
INDENTURE dated as of August 24, 2018 between MercadoLibre, Inc., a Delaware corporation, as issuer (the “Company,” as more fully set forth in Section 1.01) and Wilmington Trust, National Association, a national banking association, as trustee (the “Trustee,” as more fully set forth in Section 1.01).
June 27, 2014Mercadolibre Inc • June 30th, 2014 • Services-business services, nec
The purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the call option transaction entered into between Citibank, N.A. (“Dealer”) and MercadoLibre, Inc. (“Counterparty”) as of the Trade Date specified below (the “Transaction”). This letter agreement constitutes a “Confirmation” as referred to in the ISDA Master Agreement specified below. This Confirmation shall replace any previous agreements and serve as the final documentation for the Transaction.
MERCADOLIBRE, INC. AND WILMINGTON TRUST, NATIONAL ASSOCIATION as Trustee INDENTURE Dated as of June 30, 2014 2.25% Convertible Senior Notes due 2019Indenture • June 30th, 2014 • Mercadolibre Inc • Services-business services, nec • New York
INDENTURE dated as of June 30, 2014 between MercadoLibre, Inc., a Delaware corporation, as issuer (the “Company,” as more fully set forth in Section 1.01) and Wilmington Trust, National Association, a national banking association, as trustee (the “Trustee,” as more fully set forth in Section 1.01).
7,100,000 Shares MercadoLibre, Inc. Common Stock ($0.001 Par Value Per Share) UNDERWRITING AGREEMENT October 13, 2016Underwriting Agreement • October 17th, 2016 • Mercadolibre Inc • Services-business services, nec • New York
The undersigned understands that Morgan Stanley & Co. LLC (“Morgan Stanley”) and J.P. Morgan Securities LLC (“J.P. Morgan”) propose to enter into an Underwriting Agreement (the “Underwriting Agreement”) with MercadoLibre, Inc., a Delaware corporation (the “Company”), and the Selling Shareholders named therein, providing for the public offering (the “Public Offering”) by the several Underwriters, including Morgan Stanley (the “Underwriters”), of 7,100,000 shares (the “Shares”) of the common stock, $0.001 par value per share, of the Company (the “Common Stock”) to be sold by the Selling Shareholders.
MERCADOLIBRE, INC. Purchase AgreementMercadolibre Inc • June 30th, 2014 • Services-business services, nec • New York
MercadoLibre, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several initial purchasers listed in Schedule 1 hereto (the “Initial Purchasers”), for whom you are acting as representatives (the “Representatives”), $300,000,000 principal amount of its 2.25% Convertible Senior Notes due 2019 (the “Firm Securities”) and, at the option of the Initial Purchasers, up to an additional $30,000,000 principal amount of its 2.25% Convertible Senior Notes due 2019 (the “Option Securities”) if and to the extent that the Initial Purchasers shall have determined to exercise the option to purchase such 2.25% Convertible Senior Notes due 2019 granted to the Initial Purchasers in Section 2 hereof. The Firm Securities and the Option Securities are herein referred to as the “Securities.” The Securities will be convertible into shares (the “Underlying Securities”) of common stock of the Company, par value $ 0.001 per share (the “Common Stock”). The Securities will be issued p
SECURITIES PURCHASE AGREEMENT by and between MERCADOLIBRE, INC. and PAYPAL, INC. March 11, 2019Securities Purchase Agreement • March 13th, 2019 • Mercadolibre Inc • Services-business services, nec • Delaware
SECURITIES PURCHASE AGREEMENT (this “Agreement”), dated as of March 11, 2019, by and between MercadoLibre, Inc., a Delaware corporation (the “Company”), and PayPal, Inc., a Delaware corporation (the “Purchaser”).
June 24, 2014Mercadolibre Inc • June 30th, 2014 • Services-business services, nec
The purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the call option transaction entered into between JPMorgan Chase Bank, National Association, London Branch (“Dealer”) and MercadoLibre, Inc. (“Counterparty”) as of the Trade Date specified below (the “Transaction”). This letter agreement constitutes a “Confirmation” as referred to in the ISDA Master Agreement specified below. This Confirmation shall replace any previous agreements and serve as the final documentation for the Transaction.
ASSET PURCHASE AGREEMENT by and among HISPANOAMERICAN EDUCATIONAL INVESTMENTS BV, S.A. LA NACIÓN, INTANGIBLE ASSETS LLC, as Seller, EMPRENDIMIENTOS VETA, S.A., DEREMATE.COM USA, INC., MERCADOLIBRE, INC. and HAMMER.COM LLC, as Buyer Dated as of August...Asset Purchase Agreement • August 26th, 2008 • Mercadolibre Inc • Services-business services, nec • New York
This ASSET PURCHASE AGREEMENT (this “Agreement”), is made and entered into as of August 25, 2008, by and among HISPANOAMERICAN EDUCATIONAL INVESTMENTS BV, a corporation organized under the laws of Holland (“HEI”), S.A. LA NACIÓN, a sociedad anónima organized under the laws of Argentina (“SALN”), INTANGIBLE ASSETS LLC, a Delaware limited liability company (“IA” or the “Seller”), EMPRENDIMIENTOS VETA, S.A., a sociedad anónima organized under the laws of Argentina (“EVSA”) but solely with respect to Article III, Article VI, Section 7.1(o) and Section 8.2, DEREMATE.COM USA, INC., a Delaware corporation (“DRUSA”), but solely with respect to Article III, Article VI, Section 7.1(q) and Section 8.2 HAMMER.COM, LLC, a Delaware limited liability company (the “Buyer”) and MERCADOLIBRE, INC., a Delaware corporation (“ML”) but solely with respect to Section 8.4. Each of the Sellers and the Buyer may be hereinafter referred to as a “Party” and, collectively as, the “Parties.”
ContractLease Agreement • February 27th, 2009 • Mercadolibre Inc • Services-business services, nec
This Lease Agreement is made by and between CURTIDOS SAN LUIS S.A., with offices at Tronador 4890, 10th floor, Capital Federal, herein represented by Mr. Dante Aldo Prati, holder of Argentine Identity Document [D.N.I.]No. 12,954,501, and Mr. Julio Alberto Bozzelli, holder of Argentine Identity Document [L.E.]No. 5,222,282, in their capacity as Attorneys-in-fact, as evidenced by the documents submitted herein, which shall hereinafter be referred to as “LESSOR”; and MERCADOLIBRE S.A., with offices at Tronador 4890 – 6th floor, Capital Federal, herein represented by Mr. Nicolás Szekasy, holder of Argentine Identity Document [D.N.I.] No. 17,363,052 and Mr. Marcos Galperín, holder of Argentine Identity Document [D.N.I.] No. 22,432,311, in their capacity as Attorneys-in-fact, as evidenced by the documents submitted herein, hereinafter referred to as “LESSEE”, subject to the following terms and conditions:
STOCK PURCHASE AGREEMENTStock Purchase Agreement • July 13th, 2007 • Mercadolibre Inc • New York
THIS STOCK PURCHASE AGREEMENT (this “Agreement”) is made as of November 10, 2005, by and among DeRemate.com, Inc., a Delaware corporation (the “Seller” or “DR”), S.A. La Nación, a sociedad anonima organized under the laws of Argentina (but solely in its capacity as a guarantor for the performance of the obligations of the Seller, “La Nación”), Hispanoamerican Educational Investments BV, a corporation organized under the laws of Holland (“HEI”), Hammer.com, LLC, a Delaware limited liability company (the “Purchaser”) and Mercadolibre, Inc., a Delaware corporation and solely for purposes to guaranty the obligations of the Purchaser ( “ML”). Seller and La Nación are collectively referred to herein as the “Seller Parties”. The Seller, La Nación and the Purchaser are referred to collectively herein as the “Parties” and each individually as a “Party.”
FORM OF MERCADOLIBRE, INC. RESTRICTED STOCK AGREEMENTRestricted Stock Agreement • January 25th, 2008 • Mercadolibre Inc • Services-business services, nec • Delaware
THIS RESTRICTED STOCK AGREEMENT (the “Agreement”), effective as of the day of , 200 , governs the Restricted Stock award granted by MERCADOLIBRE, INC., a Delaware corporation (the “Company”), to (the “Participant”), in accordance with and subject to the provisions of the Company’s Amended and Restated 1999 Stock Option and Restricted Stock Plan (the “Plan”). A copy of the Plan has been made available to the Participant. All terms used in this Agreement that are defined in the Plan have the same meaning given them in the Plan.
ASSET PURCHASE AGREEMENT by and among HAMMER.COM, LLC MERCADOLIBRE, INC., DEREMATE.COM, INC., S.A. LA NACION, and HISPANOAMERICAN EDUCATIONAL INVESTMENTS BV Dated as of November 10, 2005Asset Purchase Agreement • July 13th, 2007 • Mercadolibre Inc • New York
This ASSET PURCHASE AGREEMENT (this “Agreement”), is made and entered into as of November 10, 2005, by and among Hammer.com, LLC, a Delaware limited liability company (the “Purchaser”), MERCADOLIBRE, INC., a Delaware corporation and solely to guaranty the obligations of the Purchaser (“ML”), DEREMATE.COM, INC., a Delaware corporation (“DR” or the “Seller”), S.A. LA NACIÓN, a sociedad anonima organized under the laws of Argentina (“La Nación”), and HISPANOAMERICAN EDUCATIONAL INVESTMENTS BV, a corporation organized under the laws of Holland (“HEI” and together with Seller, DRA and La Nación, the “Seller Parties”). Each of DR, La Nación, EM, and HEI may be hereinafter referred to as a “Party” and, collectively as, the “Parties.”
MercadoLibre, Inc. Common Stock ($0.001 Par Value Per Share) UNDERWRITING AGREEMENTUnderwriting Agreement • November 18th, 2021 • Mercadolibre Inc • Services-business services, nec • New York
The undersigned understands that Morgan Stanley & Co. LLC (“Morgan Stanley”) proposes to enter into an Underwriting Agreement (the “Underwriting Agreement”) with MercadoLibre, Inc., a Delaware corporation (the “Company”), providing for the public offering (the “Public Offering”) by the several Underwriters, including Morgan Stanley, J.P. Morgan Securities LLC and Goldman Sachs & Co. LLC (collectively, the “Underwriters”), of 1,000,000 shares (the “Shares”) of the common stock, $0.001 par value per share, of the Company (the “Common Stock”) to be sold by the Company.
QUOTA PURCHASE AGREEMENT among: MERCADOLIBRE, INC. a Delaware corporation; MARCOS EDUARDO GALPERIN an individual; MATTHEW BANNICK an individual; and EBAY INC. a Delaware corporationQuota Purchase Agreement • July 13th, 2007 • Mercadolibre Inc • Delaware
THIS QUOTA PURCHASE AGREEMENT (this “Agreement”) is entered into as of September 24, 2001, by and among MERCADOLIBRE, INC., a Delaware corporation (“Purchaser”), Marcos Eduardo Galperin, an individual, Matthew Bannick, an individual, and eBAY INC., a Delaware corporation (“Seller”). Capitalized terms not otherwise defined have the meanings set forth in Exhibit A.
EMPLOYMENT AGREEMENTEmployment Agreement • July 13th, 2007 • Mercadolibre Inc
FORM OF PROMISSORY NOTEMercadolibre Inc • September 11th, 2008 • Services-business services, nec • New York
Reference is hereby made to (1) that certain Stock Purchase Agreement, dated as of August 25, 2008 (the “SPA”), by and among S.A. La Nación, a sociedad anónima organized under the laws of Argentina (“SALN”), Hispanoamerican Educational Investments BV, a corporation organized under the laws of Holland (“HEI”), Hammer.com, LLC, a Delaware limited liability company (“Hammer”), MercadoLibre, Inc. a Delaware corporation (“ML” or the “Debtor”) (but solely with respect to Section 8.4 thereof), DeRemate.com de Argentina S.A., a sociedad anónima organized under the laws of Argentina, DeRemate.com Chile S.A., a sociedad anónima organized under the laws of Chile, Interactivos y Digitales México S.A. de C.V., a sociedad anónima de capital variable organized under the laws of Mexico and Compañía de Negocios Interactiva de Colombia E.U., a empresa unipersonal organized under the laws of Colombia and (2) that certain Asset Purchase Agreement (this “APA”), dated as of August 25, 2008, by and among HEI
EMPLOYMENT AGREEMENTEmployment Agreement • February 27th, 2009 • Mercadolibre Inc • Services-business services, nec
US$400,000,000 AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT originally dated as of March 31, 2022, as amended and restated on September 27, 2024 by and among MERCADOLIBRE, INC, as Borrower, THE INITIAL GUARANTORS PARTY HERETO, THE LENDERS PARTY...Credit Agreement • October 1st, 2024 • Mercadolibre Inc • Services-business services, nec • New York
Reference is made to that certain revolving credit agreement, dated as of March 31, 2022 by and among the Borrower, the initial guarantors thereto, the Lenders thereto and the Administrative Agent (as amended and restated by this Agreement, the “Revolving Credit Agreement”);
SECOND AMENDED AND RESTATED REGISTRATION RIGHTS AGREEMENT AMONG MERCADOLIBRE, INC. AND THE INVESTORS NAMED HEREIN September 24, 2001Registration Rights Agreement • May 11th, 2007 • Mercadolibre Inc • New York
The Investors own or have the right to purchase or otherwise acquire shares of Common Stock (as defined) of the Corporation. The Corporation and the Investors deem it to be in their respective best interests to set forth the rights of the Investors in connection with public offerings and sales of shares of Common Stock and are entering into this Agreement as a condition to and in connection with the Securities Purchase Agreement (as defined).
Preliminary Sales ContractMercadolibre Inc • August 7th, 2013 • Services-business services, nec
Therefore, the Parties agree to enter this preliminary sales contract pursuant to the following terms and conditions (the “Preliminary Sales Contract”):
PROMISSORY NOTEMercadolibre Inc • September 11th, 2008 • Services-business services, nec • New York
Reference is hereby made to (1) that certain Stock Purchase Agreement, dated as of August 25, 2008 (the “SPA”), by and among S.A. La Nación, a sociedad anónima organized under the laws of Argentina (“SALN”), Hispanoamerican Educational Investments BV, a corporation organized under the laws of Holland (“HEI”), Hammer.com, LLC, a Delaware limited liability company (“Hammer”), MercadoLibre, Inc. a Delaware corporation (“ML” or the “Debtor”) (but solely with respect to Section 8.4 thereof), DeRemate.com de Argentina S.A., a sociedad anónima organized under the laws of Argentina, DeRemate.com Chile S.A., a sociedad anónima organized under the laws of Chile, Interactivos y Digitales México S.A. de C.V., a sociedad anónima de capital variable organized under the laws of Mexico and Compañía de Negocios Interactiva de Colombia E.U., a empresa unipersonal organized under the laws of Colombia and (2) that certain Asset Purchase Agreement (this “APA”), dated as of August 25, 2008, by and among HEI
Seal on all pages of the original document:] MIGUEL ANGEL SARAVI (H). LICENSE No.: 2495. NOTARY PUBLIC. [Signature.] [Four signatures at the bottom of each page.]Mercadolibre Inc • May 11th, 2007
This Lease Agreement is made by and between CURTIDOS SAN LUIS S.A., with offices at Tronador 4890, piso 10º, Capital Federal, herein represented by Mr. Dante Aldo Prati, holder of Argentine Identity Document No. 12954501, and Mr. Julio Alberto Bozzelli, holder of Argentine Identity Document No. 5222282, in their capacity as Attorneys-in-fact, as evidenced by the documents submitted herein, hereinafter referred to as “LESSOR”; and MERCADO LIBRE S.A., with offices at Tronador 4890 – 2do piso, Capital Federal, herein represented by Mr. Nicolás Szekasy, holder of Argentine Identity Document No. 17363052 and Mr. Hernán Jorge Kazah, holder of Argentine Identity Document No. 21850737, in their capacity as Attorneys-in-fact, as evidenced by the documents submitted herein, hereinafter referred to as “LESSEE”, subject to the following terms and conditions:
CONCESSION CONTRACTConcession Contract • May 11th, 2007 • Mercadolibre Inc
BORDER’S PARKING S.R.L., represented herein by Mr. Norberto Jasin and Israel Sutton Dabbah, acting in their capacity as manager partners, with offices at Tierras ganadas al Río de la Plata [Land reclaimed from Río de la Plata], in front of the intersection of Avenida Rafael Obligado and Jerónimo Salguero sin número, City of Buenos Aires, (“THE GRANTOR”) and MercadoLibre S.A., represented herein by Mr. Marcos Galperín, acting in his capacity as Legal Representative, as evidenced by Minutes No. 14 of the Shareholder’s Meetings and Minutes No. 57 of the Board of Directors Meeting, setting his address for the purposes herein at Tronador 4890, piso 8, City of Buenos Aires (“THE CONCESSIONAIRE” and jointly “THE PARTIES”) hereby agree on the following terms and conditions:
RESTRICTED STOCK AWARD AGREEMENTRestricted Stock Award Agreement • November 4th, 2022 • Mercadolibre Inc • Services-business services, nec • Delaware
THIS AWARD AGREEMENT (the “Agreement”), made as of August 8, 2022, between MercadoLibre, Inc. (the “Company”), a Delaware corporation, with its principal offices at Dr. Luis Bonavita 1294, Of. 1733, Tower II Montevideo, Uruguay, 11300, and [_______] (the “Participant”).
ARIAS TRUST AGREEMENTArias Trust Agreement • February 27th, 2009 • Mercadolibre Inc • Services-business services, nec
This AGREEMENT shall be effective for (60) sixty months from the date of its signing, a term which is deemed sufficient to attain the purpose hereof. The specified term shall be automatically renewed for an additional period of six months where such renewal is necessary due to delays in construction works or if obligations are outstanding upon lapse of the initial term.
FREE TRADE ZONE DIRECT USER AGREEMENT AGUADA PARK (ITSEN S.A.)Direct User Agreement • August 3rd, 2012 • Mercadolibre Inc • Services-business services, nec
This Free Trade Zone Direct User Agreement is entered into by and between: FOR THE ONE PART: “ITSEN S.A.”, Uruguayan Taxpayer ID (RUT) No. 215229500014, herein represented by Francisco Guillermo RAVECCA JONES, holder of Uruguayan ID Card No. 2.912.303-3, in his capacity as agent, with offices at Paraguay 2141 in this City (hereinafter, “Itsen” or the “Exploiter”).
Memorandum of UnderstandingMercadolibre Inc • November 8th, 2013 • Services-business services, nec
LEASE AGREEMENTLease Agreement • February 26th, 2010 • Mercadolibre Inc • Services-business services, nec
This Lease Agreement is entered into by G4 Grupo 4 Inmobiliaria Internacional Industrial Comercial, C.A., with offices in Caracas, registered with Companies Registry V of the Judicial Circuit of the Federal District and the State of Miranda on March 24, 2006 under number 50, Volume 1289 A, represented herein by its Legal Representative, William Williams T., attorney-at-law, of age, resident of Caracas, Venezuelan, holder of identity card No. 70507, who is duly empowered to participate herein (the “LESSOR”); and MercadoLibre Venezuela, S.A., a company with offices in Caracas and organized by means of an Instrument registered with Companies Registry I of the Judicial Circuit of the Federal District and the State of Miranda on February 24, 2000 under No. 31-A-pro., Volume 31, represented herein by Mario Dávila Zerpa, Venezuelan, of age, resident of Caracas and holder of identity card No. 11306062, who is duly authorized to participate herein by the Companies Registry (the “LESSEE”) (herei
MERCADOLIBRE, INC. eBAY INC. LOAN AND SECURITY AGREEMENTLoan and Security Agreement • July 13th, 2007 • Mercadolibre Inc • New York
This LOAN AND SECURITY AGREEMENT is entered into as of November 2, 2005, by and between EBAY INC. (“Lender”) and MERCADOLIBRE, INC. (“Borrower”).
PRELIMINARY COMMERCIAL PROPERTY LEASE AGREEMENTPreliminary Commercial Property Lease Agreement • May 7th, 2010 • Mercadolibre Inc • Services-business services, nec
Whereas the First Identified Party is the owner of the Property under construction at Av. de Marte, nº 489, lote 4 Unificado, Quadra 4, Centro de Apoio I Alphaville, in the municipality of Santana do Parnaíba, State of São Paulo;
CONFIDENTIAL STOCK PURCHASE AGREEMENT BY AND AMONG HAMMER.COM, LLC, MERCADOLIBRE, INC., DEREMATE.COM DE ARGENTINA S.A., DEREMATE.COM CHILE S.A., INTERACTIVOS Y DIGITALES MéXICO S.A. DE C.V., COMPAÑÍA DE NEGOCIOS INTERACTIVA DE COLOMBIA E.U.,...Stock Purchase Agreement • August 26th, 2008 • Mercadolibre Inc • Services-business services, nec • New York
STOCK PURCHASE AGREEMENT (the “Agreement”), dated as of the 25th day of August, 2008, by and among S.A. La Nación, a sociedad anónima organized under the laws of Argentina (“SALN”), Hispanoamerican Educational Investments BV, a corporation organized under the laws of Holland (“HEI”) (SALN and HEI may be herein referred to as a “Seller” and, collectively, the “Sellers”), Hammer.com, LLC, a Delaware limited liability company (the “Buyer”), MercadoLibre, Inc. a Delaware corporation (the “Guarantor”) (but solely with respect to Section 8.4), DeRemate.com de Argentina S.A., a sociedad anónima organized under the laws of Argentina (“DR Argentina”), DeRemate.com Chile S.A., a sociedad anónima organized under the laws of Chile (“DR Chile”), Interactivos y Digitales México S.A. de C.V., a sociedad anónima de capital variable organized under the laws of Mexico (“ID Mexico”) and Compañía de Negocios Interactiva de Colombia E.U., a empresa unipersonal organized under the laws of Colombia (“CNI Col
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • March 13th, 2019 • Mercadolibre Inc • Services-business services, nec • Delaware
SECURITIES PURCHASE AGREEMENT (this “Agreement”), dated as of March 11, 2019, by and between MercadoLibre, Inc., a Delaware corporation (the “Company”), and Merlin DF Holdings, LP, a Delaware limited partnership and an affiliate of Dragoneer Investment Group, LLC (the “Purchaser”).
AMENDMENT AGREEMENTAmendment Agreement • February 27th, 2009 • Mercadolibre Inc • Services-business services, nec
This Amendment Agreement is made by and between CURTIDOS SAN LUIS S.A., with offices at Tronador 4890, 10th floor, Capital Federal, herein represented by Mr. Dante Aldo Prati, holder of Argentine Identity Document No. 12,954,501, and Mr. Julio Alberto Bozzelli, holder of Argentine Identity Document No. 5,222,282, in their capacity as Attorneys-in-fact, as evidenced by the documents submitted herein, which shall hereinafter be referred to as “LESSOR”; and MERCADOLIBRE S.A., with offices at Tronador 4890 – 6th floor, Capital Federal, herein represented by Mr. Nicolás Szekasy, holder of Argentine Identity Document No. 17,363,052 and Mr. Marcos Galperín, holder of Argentine Identity Document No. 21,850,737, in their capacity as Attorneys-in-fact, as evidenced by the documents submitted herein, hereinafter referred to as “LESSEE” (and jointly with LESSOR, the “PARTIES”), subject to the following terms and conditions:
AMENDMENT TO THE COMMERCIAL LEASE AGREEMENTCommercial Lease Agreement • February 26th, 2010 • Mercadolibre Inc • Services-business services, nec • São Paulo
By this instrument, on one side MercadoLivre.com Atividades de Internet Ltda with its principal place of business at Rua Gomes de Carvalho 1.306, 7º andar, CEP: 04547-005 in the city of São Paulo, SP, enrolled in the General Taxpayers’ Register under CNPJ No 03.361.252/0001-34 (hereinafter referred to as “LESSEE”), and on the other side KW Radar Construtora e Incorporadora Ltda., with its principal place of business at Av. Dr. Yojiro Takaoka 4384, conj. 806, Centro de Apoio I – Alphaville, in the city of Santana do Parnaíba/SP, enrolled in the General Taxpayers’ Register under CNPJ No 05.897.569/0001-15 (hereinafter referred to as “LESSOR”).
MERCADOLIBRE, INC. 16,077,185 Shares of Common Stock Underwriting Agreement August , 2007Mercadolibre Inc • August 7th, 2007 • New York
MercadoLibre, Inc., a Delaware corporation (the “Company”), and certain stockholders of the Company named in Schedule II hereto (the “Selling Stockholders” and, together with the Company, the “Sellers”) propose to sell to the several Underwriters (the “Underwriters”) listed in Schedule I to this Agreement (this “Agreement”), for whom you are acting as representatives (the “Representatives”), an aggregate of 16,077,185 shares (the “Underwritten Shares”) of the Company’s common stock, par value $0.001 per share (the “Common Stock”). Of the Underwritten Shares, 2,608,696 are being sold by the Company and 13,468,489 by the Selling Stockholders.
