XOMETRY, INC. AND U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, as Trustee INDENTURE Dated as of February 4, 2022 1.00% Convertible Senior Notes due 2027Indenture • February 4th, 2022 • Xometry, Inc. • Services-business services, nec • New York
INDENTURE dated as of February 4, 2022 between XOMETRY, INC., a Delaware corporation, as issuer (the “Company,” as more fully set forth in Section 1.01) and U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, a national banking association, as trustee (the “Trustee,” as more fully set forth in Section 1.01).
Xometry, Inc. Class A Common Stock Underwriting AgreementUnderwriting Agreement • June 25th, 2021 • Xometry, Inc. • Services-business services, nec • New York
Xometry, 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 [●] shares (the “Firm Shares”) and, at the election of the Underwriters, up to [●] additional shares (the “Optional Shares”) of Class A common stock, par value $0.000001 (“Stock”) of the Company. The Firm Shares and the Optional Shares that the Underwriters elect to purchase pursuant to Section 2 hereof are herein collectively called the “Shares”.
XOMETRY, INC. INDEMNIFICATION AGREEMENTIndemnification Agreement • June 21st, 2021 • Xometry, Inc. • Services-business services, nec • Delaware
This INDEMNIFICATION AGREEMENT (this “Agreement”) is dated as of _________________, 20__ and is between Xometry, Inc., a Delaware corporation (the “Company”), and ______________ (“Indemnitee”).
AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • June 25th, 2021 • Xometry, Inc. • Services-business services, nec • Maryland
This AMENDED AND RESTATED EMPLOYMENT AGREEMENT (the “Agreement”), is entered into effective as of, and contingent upon, the closing of the Company’s initial public offering (the “Effective Date”), by and between Xometry, Inc. (the “Company”) and James Rallo (“Executive”). This Agreement amends, restates, and supersedes in its entirety the Executive Employment Agreement between the Company and Executive that was effective April 13, 2020 (the “Prior Agreement”).
EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • June 4th, 2021 • Xometry, Inc. • Services-business services, nec • Maryland
This EMPLOYMENT AGREEMENT (the “Agreement”) by and between James Rallo (the “Executive”) and Xometry, Inc. (the “Company”) is effective as of April 13, 2020 (the “Effective Date”).
AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • May 9th, 2024 • Xometry, Inc. • Services-business services, nec • Maryland
This Amended And Restated Employment Agreement (the “Agreement”), is entered into effective as of, and contingent upon, the closing of the Company’s initial public offering (the “Effective Date”), by and between Xometry, Inc. (the “Company”) and Kathleen Mayerhofer (“Executive”). This Agreement amends, restates, and supersedes in its entirety any agreement between the Company and Executive that existed with regard to the employment terms detailed below.
EXCHANGE AGREEMENTExchange Agreement • June 21st, 2021 • Xometry, Inc. • Services-business services, nec • Delaware
This EXCHANGE AGREEMENT (this “Agreement”) is made and entered into as of , 2021 by and among Xometry, Inc., a Delaware corporation (the “Company”), and stockholders of the Company listed on Exhibit A hereto (collectively, “Exchange Stockholders”).
SEVENTH AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENTInvestors’ Rights Agreement • April 14th, 2021 • Xometry, Inc. • Services-business services, nec • Delaware
THIS SEVENTH AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT is made as of July 20, 2020, by and among Xometry, Inc., a Delaware corporation (the “Company”), and each of the investors listed on Schedule A hereto, each of which is referred to in this Agreement as an “Investor,” that is or becomes a party to this Agreement in accordance with Section 6.9 hereof.
NEXTLINE MANUFACTURING CORP. STOCK OPTION AGREEMENT Granted Under theStock Option Agreement • June 21st, 2021 • Xometry, Inc. • Services-business services, nec • Delaware
Unless otherwise defined herein, each capitalized term used in this Stock Option Agreement shall have the meaning given such term in the NextLine Manufacturing Corp. 2014 Stock Option Plan (the “Plan”).
