The ExOne Company (a Delaware corporation) 1,666,667 Shares of Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • February 12th, 2021 • ExOne Co • Printing trades machinery & equipment • New York
The ExOne Company, a Delaware corporation (the “Company”), confirms its agreement with Canaccord Genuity LLC (“Canaccord”), Stifel, Nicolaus & Company, Incorporated (“Stifel”), and each of the other underwriters named in Schedule A hereto (collectively, the “Underwriters,” which term shall also include any underwriter substituted as provided in Section 10 hereof), for whom Canaccord and Stifel 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, par value $0.01 per share, of the Company (the “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 205,907 additional shares of Common Stock, pursuant to this Underwriting Agreement (this “Agreement”)
THE EXONE COMPANY (a Delaware Corporation) 2,656,000 Shares of Common Stock Par Value $0.01 per Share UNDERWRITING AGREEMENT September 9, 2013Underwriting Agreement • September 13th, 2013 • ExOne Co • Printing trades machinery & equipment • New York
The ExOne Company, a Delaware corporation (the “Company”), and the stockholders of the Company listed on Schedule I hereto (the “Selling Stockholders”), each confirms its agreement with each of the Underwriters listed on Schedule II hereto (collectively, the “Underwriters”), for whom FBR Capital Markets & Co. is acting as representative (in such capacity, the “Representative”), with respect to (i) the sale by the Company and the Selling Stockholders of a total of 2,656,000 shares (the “Initial Shares”) of Common Stock, par value $0.01 per share, of the Company (the “Common Stock”) in the respective number of shares set forth opposite the name of the Company and the Selling Stockholders in Schedule I hereto, and the purchase by the Underwriters, acting severally and not jointly, of the respective number of shares of common stock set forth opposite the names of the Underwriters in Schedule II hereto, and (ii) the grant of the option described in Section 1(b) hereof to purchase all or any
THE EXONE COMPANY COMMON STOCK EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • September 11th, 2020 • ExOne Co • Printing trades machinery & equipment • New York
The ExOne Company, a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Canaccord Genuity LLC, as follows:
Troy Metal Fabricating, LLC LEASE AGREEMENTLease Agreement • January 8th, 2013 • ExOne Co • Printing trades machinery & equipment • Michigan
THIS AGREEMENT, made this 31 day of May, 2008, between Troy Metal Fabricating, LLC 960 Penn Avenue, Suite 100 Pittsburgh PA (“Lessor”) and Pro Metal RCT, LLC whose address is 2341 Alger Street, Troy, Ml 48073 (“Leasee”).
THE EXONE COMPANY INDEMNIFICATION AGREEMENTIndemnification Agreement • March 29th, 2013 • ExOne Co • Printing trades machinery & equipment • Delaware
THIS INDEMNIFICATION AGREEMENT (this “Agreement”) is made as of , 20 , (the “Effective Date”) by and between The ExOne Company, a Delaware corporation (the “Company”), and (the “Indemnitee”).
EMPLOYMENT AGREEMENTEmployment Agreement • August 7th, 2019 • ExOne Co • Printing trades machinery & equipment • Pennsylvania
EMPLOYMENT AGREEMENT (“Agreement”) dated as of May 15, 2019 between The ExOne Company, a Delaware corporation (the “Company”), and John F. Hartner (the “Executive”).
AGREEMENT AND PLAN OF MERGER by and among DESKTOP METAL, INC., TEXAS MERGER SUB I, INC., TEXAS MERGER SUB II, LLC and THE EXONE COMPANY Dated as of August 11, 2021Agreement and Plan of Merger • August 12th, 2021 • ExOne Co • Printing trades machinery & equipment • Delaware
This AGREEMENT AND PLAN OF MERGER, dated as of August 11, 2021 (this “Agreement”), is by and among DESKTOP METAL, INC., a Delaware corporation (“Parent”), Texas Merger Sub I, Inc., a Delaware corporation and a direct, wholly owned subsidiary of Parent (“Merger Sub I”), Texas Merger Sub II, LLC, a Delaware limited liability company and a direct, wholly owned subsidiary of Parent (“Merger Sub II” and together with Merger Sub I, the “Merger Subs”), and THE EXONE COMPANY, a Delaware corporation (the “Company”). An index of defined terms is provided in Annex I attached hereto.
THE EXONE COMPANY Common Stock (par value $0.01 per share) At Market Issuance Sales AgreementExOne Co • January 11th, 2016 • Printing trades machinery & equipment • New York
The ExOne Company, a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with FBR Capital Markets & Co. (“FBR”) and MLV & Co. LLC (“MLV”, each of FBR and MLV individually a “Distribution Agent” and collectively the “Distribution Agents”) as follows:
LEASE AGREEMENTLease Agreement • January 8th, 2013 • ExOne Co • Printing trades machinery & equipment
THIS LEASE is made as of the 31st day of March 2009, by and between LONE STAR METAL FABRICATION, LLC (“Landlord”) and ProMetal RCT, LLC (“Tenant”).
FIRST AMENDMENT TO CREDIT AGREEMENTCredit Agreement • March 12th, 2020 • ExOne Co • Printing trades machinery & equipment • Pennsylvania
THIS CREDIT AGREEMENT (this “Agreement”) is dated as of March 12, 2018, and is made by and among THE EXONE COMPANY, a Delaware corporation, having a principal address at 127 Industry Boulevard, North Huntingdon, PA 15642 (the “Borrower”), EXONE AMERICAS LLC, a Delaware limited liability company, having a principal address at 127 Industry Boulevard, North Huntingdon, PA 15642 (“ExOne Americas”) and EXONE GmbH, a German company having a principal address at Daimlerstrasse 22, 86368 Gersthofen Germany (“ExOne GmbH”; together with ExOne Americas, the “Guarantors”) and LBM HOLDINGS LLC, a Pennsylvania limited liability company, having a principal address at 960 Penn Avenue, Suite 400, Pittsburgh, PA 15222 (the “Lender”).
FORM OF VOTING AND SUPPORT AGREEMENTVoting and Support Agreement • August 12th, 2021 • ExOne Co • Printing trades machinery & equipment • Delaware
This VOTING AND SUPPORT AGREEMENT, dated as of [•], 2021 (this “Agreement”), is made and entered into by and among Desktop Metal, Inc., a Delaware corporation (“Parent”), Texas Merger Sub I, Inc., a Delaware corporation and a direct, wholly owned subsidiary of Parent (“Merger Sub I”), Texas Merger Sub II, LLC, a Delaware limited liability company and a direct, wholly owned subsidiary of Parent (“Merger Sub II”), and the undersigned stockholder of the Company (as defined below) (the “Stockholder” and, together with Parent, Merger Sub I and Merger Sub II, the “Parties”).
MASSACHUSETTS INSTITUTE OF TECHNOLOGY and THE EX ONE COMPANY, LLC AMENDED & RESTATED EXCLUSIVE PATENT LICENSE AGREEMENTPatent License Agreement • January 24th, 2013 • ExOne Co • Printing trades machinery & equipment • Massachusetts
This Agreement, effective as of the date set forth above the signatures of the parties below (the “EFFECTIVE DATE”), is between the MASSACHUSETTS INSTITUTE OF TECHNOLOGY, a corporation duly organized and existing under the laws of the Commonwealth of Massachusetts and having its principal office at 77 Massachusetts Avenue, Cambridge, Massachusetts 02139, U.S.A. (“M.I.T.”), and THE EX ONE COMPANY, LLC, a company duly organized under the laws of Delaware and having its principal office at 127 Industry Boulevard, Irwin, Pennsylvania 15642 U.S.A. (“COMPANY”).
ASSET PURCHASE AGREEMENTAsset Purchase Agreement • March 29th, 2013 • ExOne Co • Printing trades machinery & equipment • Texas
THIS ASSET PURCHASE AGREEMENT made as of the 27th day of March, 2013, (“Execution Date”) by and between LONE STAR METAL FABRICATION, LLC, a Texas limited liability company with a registered address of 10130 FM 2920 RD Unit 300, Tomball, TX, 77375-8951 (hereinafter referred to as “Seller”) and PROMETAL RCT, LLC, a Delaware limited liability company with a registered address of c/o Wilmington Trust SP Services (Delaware), Inc., 1105 N. Market Street, Suite 1300, Wilmington, DE 19801 (hereinafter referred to as “Buyer”).
LEASE AGREEMENT FOR COMMERCIAL SPACESLease Agreement • March 12th, 2020 • ExOne Co • Printing trades machinery & equipment
On today’s date, Landlord has entered into a notarized Property Sales Contract with ExOne Property GmbH, Daimlerstr. 22, 86368 Gersthofen, and with Tenant. The Property Sales Contract pertains to the acquisition of the leased premises detailed in §1. Transfer of possession, use, and encumbrances on the leased premises to Landlord shall take place on 12/31/2019 at midnight.
August 19, 2016 Hans J. Sack Ligonier, Pennsylvania 15658Employment and General Release Agreement • August 23rd, 2016 • ExOne Co • Printing trades machinery & equipment • Pennsylvania
This letter agreement outlines the terms of your separation from employment with The ExOne Company (the “Company”) as well as the benefits available to you as a result of such separation.
Open-account credit Sparkasse1 Stadtsparkasse Augsburg Halderstr. 1-5 86150 Augsburg Tax ID no.: DE 127504902 Acct. no.: 250491743Ex One Company, LLC • December 20th, 2012 • Printing trades machinery & equipment
SUBSCRIPTION AGREEMENTSubscription Agreement • January 11th, 2016 • ExOne Co • Printing trades machinery & equipment • Delaware
This Subscription Agreement (this “Agreement”) is dated January 10, 2016, among The ExOne Company, a Delaware corporation (the “Company”), and Rockwell Forest Products, Inc., a Pennsylvania corporation (“Purchaser”), and, solely for purposes of being bound by Section 4.5 of this Agreement, S. Kent Rockwell (“Rockwell”).
ASSET PURCHASE AGREEMENT By and Among EXONE AMERICAS LLC, MACHIN-A-MATION CORPORATION, METAL LINKS, LLC, MR. WILLIAM R. DEGA March 3, 2014Asset Purchase Agreement • March 7th, 2014 • ExOne Co • Printing trades machinery & equipment • Pennsylvania
THIS ASSET PURCHASE AGREEMENT is made as of this 3rd day of March, 2014, by and among EXONE AMERICAS LLC, a Delaware limited liability company (“Buyer”), MACHIN-A-MATION CORPORATION, a Michigan corporation (“Company”), METAL LINKS, LLC, a Michigan limited liability company (“Metal Links”), and MR. WILLIAM R. DEGA (“Owner”; together with Company, “Seller”). Each of the Buyer, Company, Metal Links and Owner may herein be referred to as a “Party” or collectively as the “Parties.”
FIRST AMENDMENTFirst Amendment • January 24th, 2013 • ExOne Co • Printing trades machinery & equipment
This First Amendment is entered into this 22nd day of January 2013 (the “Effective Date”) and amends the Amended & Restated Patent License Agreement, dated January 1, 2011, by and between the Massachusetts Institute of Technology, a corporation duly organized and existing under the laws of the Commonwealth of Massachusetts and having its principal office at 77 Massachusetts Avenue, Cambridge, Massachusetts 02139, U.S.A. (hereinafter referred to as “M.I.T.”) and The ExOne Company (“COMPANY”), a corporation duly organized under the laws of Delaware and having its principal office at 127 Industry Boulevard, North Huntingdon, Pennsylvania, 15642, U.S.A.
CONFIDENTIAL SEPARATION AND RELEASE AGREEMENTConfidential Separation and Release Agreement • May 7th, 2020 • ExOne Co • Printing trades machinery & equipment • Pennsylvania
This Confidential Separation and Release Agreement (this “Agreement”) is by and between Charles Grace (“the Associate”) and The ExOne Company (“Company”). In consideration of the promises and covenants contained in this Agreement, the sufficiency of which is acknowledged by both the Associate and the Company, and agreeing to be bound by the terms and conditions outlined herein, the parties agree to the following:
Real Estate Sale and Purchase Agreement May 29, 2014ExOne Co • June 2nd, 2014 • Printing trades machinery & equipment
Dusty YK (the “Seller”) and ExOne KK (the “Purchaser”) agree as follows and enter into a real estate sale and purchase agreement (the “Agreement”) as of May 29, 2014, in regards to the sale of the land (the “Land”) and the building (the “Building”) as set forth in Exhibit 1 (the Land and Building are collectively referred to as the “Real Estate”) from the Seller to the Purchaser.
MANAGING DIRECTOR CONTRACT by and betweenManaging Director Contract • December 23rd, 2013 • ExOne Co • Printing trades machinery & equipment
Company and Managing Director have entered into a managing directors agreement dated August 21st 2003 as amended from time to time.
Basic contract for guarantee-backed credit ¨ Credit guarantee Sparkasse1 Stadtsparkasse Augsburg Halderstr. 1-5 86150 Augsburg Tax ID no.: DE 127504902 Acct. no.: 7000068853 Place, date: Augsburg, July 29, 2011Ex One Company, LLC • December 20th, 2012 • Printing trades machinery & equipment
• hereinafter referred to as the Borrower – enters into an agreement with the Sparkasse for the takeover of sureties for the benefit of the Borrower up to a total amount of
MANAGING DIRECTOR CONTRACT Between Prometal RCT GmbH Am Mittleren Moos 41 86167 Augsburg Represented by the shareholders’ meeting, - hereinafter referred to as the “Company” - And Mr. Rainer Höchsmann Schlossstrasse 16 86682 Genderkingen - hereinafter...Managing Director Contract • January 8th, 2013 • ExOne Co • Printing trades machinery & equipment
EXECUTIVE AT-WILL EMPLOYMENT AGREEMENTWaiver and General Release Agreement • November 9th, 2017 • ExOne Co • Printing trades machinery & equipment • Pennsylvania
This EXECUTIVE AT-WILL EMPLOYMENT AGREEMENT (“At-Will Agreement”) dated as of August 4, 2017, is by and between The ExOne Company, a Delaware corporation (the “Company”), and JoEllen Lyons Dillon (the “Executive”). Collectively, the Employee and the Company are referred to herein as the “Parties.”
The ExOne CompanyPlease • March 15th, 2019 • ExOne Co • Printing trades machinery & equipment
FIRST AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • May 7th, 2020 • ExOne Co • Printing trades machinery & equipment
This First Amendment is entered into this 3rd day of April, 2020 (the " Effective Date") and amends the Employment Agreement ("the Agreement") dated May 15, 2019 by and between John F. Hartner (hereinafter referred to as "Executive") and The ExOne Company ("ExOne"), a company duly organized under the laws of Delaware and having its principal office at 127 Industry Boulevard, North Huntingdon, PA,15642, U.S.A.
Leasing Agreement - hereinafter referred to as the “Agreement” - No. 100 - 2230361 - 1272927 OR Doc 30Leasing Agreement • January 24th, 2013 • ExOne Co • Printing trades machinery & equipment
between the Deutsche-Leasing für Sparkassen und Mittelstand GmbH (hereinafter referred to as the “leasing company”) and client designated below
EMPLOYMENT AGREEMENTEmployment Agreement • December 23rd, 2013 • ExOne Co • Printing trades machinery & equipment • Pennsylvania
This EMPLOYMENT AGREEMENT (this “Agreement”) dated as of January 1, 2014 between The ExOne Company, a Delaware Corporation (the “Company”), and Rainer Hoechsmann (the “Executive”).
February 12, 2021ExOne Co • February 12th, 2021 • Printing trades machinery & equipment
Guarantee Credit Framework Agreement ☐ Credit Guarantee Account Reference No. ExOne GmbH Daimlerstr. 22, 86368 Gersthofen - hereinafter referred to as the Borrower - agrees with the German Savings Bank on the assumption of guarantees in the form of...ExOne Co • March 12th, 2020 • Printing trades machinery & equipment
ESCROW AGREEMENTEscrow Agreement • March 15th, 2018 • ExOne Co • Printing trades machinery & equipment • Pennsylvania
ESCROW AGREEMENT (the “Agreement”) executed this 12th day of March, 2018 (“Effective Date”) by and among LBM HOLDINGS LLC, a Pennsylvania limited liability company (“Secured Party”), THE EXONE COMPANY, a Delaware corporation (“ExOne”), and THE HUNTINGTON NATIONAL BANK, a national banking association, as escrow agent (“Escrow Agent”). Secured Party, Depositor and Escrow Agent are sometimes collectively referred to herein as, the “Parties.”
GENERAL CONTRACTOR AGREEMENTGeneral Contractor Agreement • September 3rd, 2013 • ExOne Co • Printing trades machinery & equipment
REVOLVING DEMAND NOTEEx One Company, LLC • December 20th, 2012 • Printing trades machinery & equipment • Pennsylvania
FOR VALUE RECEIVED, THE EX ONE COMPANY, LLC, a Delaware limited liability company (the “Borrower”), promises to pay to ROCKWELL FOREST PRODUCTS, INC., a Pennsylvania corporation (the “Lender”) the aggregate unpaid principal amount of all Advances (as hereinafter defined) made by Lender to Borrower hereunder, together with interest accrued thereon from the date each Advance is made until paid in full, at an annual interest rate of eight percent (8%) (the “Interest Rate”). The aggregate unpaid principal amount of all Advances, together with accrued but unpaid interest and all other sums owing to Lender from Borrower hereunder, may be referred to herein as the “Indebtedness.”
logo Sparkasse] [stamp: Customer Copy] Stadtsparkasse Augsburg Halderstraße 1-5 86150 Augsburg, Germany VAT ID DE 127504902 Account ReferenceExOne Co • October 27th, 2015 • Printing trades machinery & equipment
