AGREEMENTAgreement • June 25th, 2013 • Marcato Capital Management LLC • Retail-eating places
The undersigned agree that this Schedule 13D, relating to the Common Stock, par value $0.01 per share of DineEquity, Inc. shall be jointly filed on behalf of the undersigned.
AGREEMENTAgreement • March 18th, 2015 • Marcato Capital Management Lp • Services-membership sports & recreation clubs
The undersigned hereby agree to jointly prepare and file with regulatory authorities this Schedule 13D and any future amendments thereto reporting each of the undersigned’s ownership of securities of the Issuer named herein, and hereby affirm that such Schedule 13D is being filed on behalf of each of the undersigned pursuant to and in accordance with the provisions of Rule 13d-1(k) under the Securities Exchange Act of 1934. The undersigned acknowledge that each shall be responsible for the timely filing of such amendments, and for the completeness and accuracy of the information concerning him or it contained therein, but shall not be responsible for the completeness and accuracy of the information concerning the other, except to the extent that he or it knows or has reason to believe that such information is inaccurate.
Letter AgreementConfidentiality Agreement • February 3rd, 2017 • Marcato Capital Management Lp • Industrial trucks, tractors, trailors & stackers • New York
You have represented to us that, as of the date hereof, the persons listed on Schedule A to this Letter (the “Marcato Group”) are the beneficial owner, in the aggregate, of 5,517,382 shares (the “Current Marcato Share Amount”) of the common stock (“Common Stock”) of Terex Corporation (the “Company”). Given its ownership of the Company’s common stock, the Marcato Group has requested that Matthew Hepler (“Designee”) be appointed as a member of the Terex Board of Directors (the “Board”). This Letter will serve to confirm our discussions concerning your request, and supersedes and replaces the Confidentiality Agreement dated as November 28, 2016 between the parties, which is hereby terminated. Certain terms used in this Letter have the meanings set forth in Schedule B to this Letter.
VOTING AGREEMENTVoting Agreement • November 28th, 2017 • Marcato Capital Management Lp • Retail-eating places • Delaware
This VOTING AGREEMENT, dated as of November 27, 2017 (this “Agreement”), is entered into by and between Arby’s Restaurant Group, Inc., a corporation existing under the laws of Delaware (“Parent”), and the parties listed on Schedule A attached hereto (each, a “Stockholder” and, collectively, the “Stockholders”).
ContractEngagement and Indemnification Agreement • September 13th, 2017 • Marcato Capital Management Lp • Rubber & plastics footwear • New York
FORM OF ENGAGEMENT AND INDEMNIFICATION AGREEMENT, dated as of September , 2017 (this “Agreement”), by and between Marcato Capital Management, LP on behalf of the funds it advises (“Marcato”) and (“Nominee”).
AGREEMENT JOINT FILING OF SCHEDULE 13DMarcato Capital Management Lp • April 23rd, 2014 • Services-business services, nec
The undersigned hereby agree to jointly prepare and file with regulatory authorities this Schedule 13D and any future amendments thereto reporting each of the undersigned’s ownership of securities of Sotheby’s, and hereby affirm that such Schedule 13D is being filed on behalf of each of the undersigned pursuant to and in accordance with the provisions of Rule 13d-1(k) under the Securities Exchange Act of 1934. The undersigned acknowledge that each shall be responsible for the timely filing of such amendments, and for the completeness and accuracy of the information concerning him or it contained therein, but shall not be responsible for the completeness and accuracy of the information concerning the other, except to the extent that he or it knows or has reason to believe that such information is inaccurate.
AGREEMENT JOINT FILING OF SCHEDULE 13DMarcato Capital Management Lp • September 22nd, 2015 • Security & commodity brokers, dealers, exchanges & services
The undersigned hereby agree to jointly prepare and file with regulatory authorities this Schedule 13D and any future amendments thereto reporting each of the undersigned’s ownership of securities of LPL Financial Holdings Inc., and hereby affirm that such Schedule 13D is being filed on behalf of each of the undersigned pursuant to and in accordance with the provisions of Rule 13d-1(k) under the Securities Exchange Act of 1934, as amended. The undersigned acknowledge that each shall be responsible for the timely filing of such amendments, and for the completeness and accuracy of the information concerning him or it contained therein, but shall not be responsible for the completeness and accuracy of the information concerning the others, except to the extent that he or it knows or has reason to believe that such information is inaccurate.
Form of Engagement and Indemnification AgreementEngagement and Indemnification Agreement • February 6th, 2017 • Marcato Capital Management Lp • Retail-eating places • New York
ENGAGEMENT AND INDEMNIFICATION AGREEMENT, dated as of January 31, 2017 (this “Agreement”), by and between Marcato Capital Management, LP on behalf of the funds it advises (“Marcato”) and [●] (“Nominee”).
AGREEMENT JOINT FILING OF SCHEDULE 13DMarcato Capital Management LLC • July 30th, 2013 • Services-business services, nec
The undersigned hereby agree to jointly prepare and file with regulatory authorities this Schedule 13D and any future amendments thereto reporting each of the undersigned’s ownership of securities of Sotheby’s, and hereby affirm that such Schedule 13D is being filed on behalf of each of the undersigned pursuant to and in accordance with the provisions of Rule 13d-1(k) under the Securities Exchange Act of 1934. The undersigned acknowledge that each shall be responsible for the timely filing of such amendments, and for the completeness and accuracy of the information concerning him or it contained therein, but shall not be responsible for the completeness and accuracy of the information concerning the other, except to the extent that he or it knows or has reason to believe that such information is inaccurate.
