BATS Global Markets, Inc. Sample Contracts

] Shares BATS GLOBAL MARKETS, INC. CLASS A COMMON STOCK, PAR VALUE $0.01 PER SHARE UNDERWRITING AGREEMENT
Underwriting Agreement • March 12th, 2012 • BATS Global Markets, Inc. • Security & commodity brokers, dealers, exchanges & services • New York

The stockholders named in Schedule I hereto (the “Selling Stockholders”) of BATS Global Markets, Inc., a Delaware corporation (the “Company”), severally propose to sell to the several Underwriters named in Schedule II hereto (the “Underwriters”) an aggregate of [ ] shares of the Class A Common Stock, par value $0.01 per share, of the Company (the “Firm Shares”), each Selling Stockholder selling the amount set forth opposite such Selling Stockholder’s name in Schedule I hereto.

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BATS EMPLOYMENT AND CONFIDENTIALITY/NON-COMPETITION AGREEMENT
Employment & Human Resources • May 13th, 2011 • BATS Global Markets, Inc. • Kansas

THIS AGREEMENT is made, entered into and effective as of March 9th, 2009, by and between BATS Exchange, Inc., a Delaware corporation (hereinafter “Company”) and Jeromee Johnson, an individual (hereinafter “Employee”).

BATS HOLDINGS, INC.
Stock Option Award Agreement • May 13th, 2011 • BATS Global Markets, Inc. • Delaware

This Stock Option Award Agreement (“Agreement”) is made and entered into, as of the Grant Date set forth on the signature page hereto, by and between BATS Holdings, Inc., a Delaware corporation (the “Company”), and (“Optionee”).

INVESTOR RIGHTS AGREEMENT
Investor Rights Agreement • May 13th, 2011 • BATS Global Markets, Inc. • Delaware

THIS INVESTOR RIGHTS AGREEMENT (this Agreement”) is made and entered into effective as of the 1st day of January, 2008, by and among BATS Holdings, Inc. (n/k/a BATS Global Markets, Inc.), a Delaware corporation (the “Company”), and all stockholders of the Company signatory hereto or who hereafter become a party to this Agreement (the “Stockholders”).

BATS HOLDINGS, INC. SUBSTITUTE 2008 STOCK OPTION AND AWARD AGREEMENT EFFECTIVE DATE JANUARY 1, 2008
Substitute Stock Option and Award Agreement • May 13th, 2011 • BATS Global Markets, Inc. • Delaware

THIS SUBSTITUTE STOCK OPTION AND AWARD AGREEMENT (this “Agreement”) is made and entered into by and between BATS Holdings, Inc., a Delaware corporation (the “Company”), and David R. Cummings (the “Optionee”) on the effective date set forth above (“Effective Date”).

BATS GLOBAL MARKETS, INC.
Stock Option Award Agreement • May 13th, 2011 • BATS Global Markets, Inc.

This First Amendment to Stock Option Award Agreement (“Amendment”) is made and entered into, as of the Date set forth on the signature page hereto, by and between BATS Global Markets, Inc. (f/k/a BATS Holdings, Inc.), a Delaware corporation (the “Company”), and (“Optionee”).

INSTINET HOLDINGS INCORPORATED and CHI-X EUROPE LIMITED SOFTWARE LICENCE AGREEMENT
Software Licence Agreement • February 23rd, 2012 • BATS Global Markets, Inc. • Security & commodity brokers, dealers, exchanges & services • England
THIS DEED OF VARIATION is made on 31 January 2012 BETWEEN
Software License Agreement • February 23rd, 2012 • BATS Global Markets, Inc. • Security & commodity brokers, dealers, exchanges & services
THIS DEED OF VARIATION is made on February 17, 2011 BETWEEN INTRODUCTION AGREED TERMS
Software Licence Agreement • February 23rd, 2012 • BATS Global Markets, Inc. • Security & commodity brokers, dealers, exchanges & services
From: BATS Global Markets, Inc Lenexa, KS 66214 United States of America and Omicron Acquisition Corp Corporation Trust Center City of Wilmington County of New Castle Delaware 19801 United States of America To: Chi-X Europe Limited London EC3R 6AF and...
Amendment Agreement to Sale Agreement • February 23rd, 2012 • BATS Global Markets, Inc. • Security & commodity brokers, dealers, exchanges & services

We refer to the Share Exchange and Purchase Agreement relating to the exchange, sale and purchase of shares in Chi-X Europe Limited dated 18 February 2011 and entered into between ourselves and the entities to whom this letter is addressed (the “Sale Agreement”). Capitalised terms used but not defined in this Amendment Agreement shall, unless the context dictates otherwise, have the same meaning as is given to them in the Sale Agreement.

FORM OF SHAREHOLDER AGREEMENT
Shareholder Agreement • February 23rd, 2012 • BATS Global Markets, Inc. • Security & commodity brokers, dealers, exchanges & services • Delaware

This SHAREHOLDER AGREEMENT dated as of [ ], 2012 (this “Agreement”), by and between BATS Global Markets, Inc., a Delaware corporation (the “Company”) and [strategic investor], a holder of Class B Stock (as defined below) (such holder being herein called the “Shareholder”).

BATS EMPLOYMENT AND CONFIDENTIALITY/NON-COMPETITION AGREEMENT
Employment Agreement • May 13th, 2011 • BATS Global Markets, Inc. • Kansas

THIS AGREEMENT is made, entered into and effective as of 11/01, 2008, by and between BATS Exchange, Inc., a Delaware corporation (hereinafter “Company”) and Eric Swanson, an individual (hereinafter “Employee”).

BATS GLOBAL MARKETS, INC. LONG TERM INCENTIVE PLAN FORM OF RESTRICTED STOCK AWARD
Restricted Stock Award Agreement • February 23rd, 2012 • BATS Global Markets, Inc. • Security & commodity brokers, dealers, exchanges & services • Delaware

Subject to the terms and conditions set forth in this grant letter (“Grant Letter”) and the agreement attached as Exhibit A (the Grant Letter and the agreement attached as Exhibit A together constituting the “Agreement”), BATS Global Markets, Inc., a Delaware corporation (the “Company”), has granted you as of the Grant Date set forth below an award of Restricted Stock (the “Award”). The Award is granted under and is subject to the BATS Global Markets, Inc. Long Term Incentive Plan (the “Plan”). Unless defined in this Agreement, capitalized terms shall have the meanings assigned to them in the Plan. In the event of a conflict among the provisions of the Plan, this Agreement and any descriptive materials provided to you, the provisions of the Plan shall control.

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