Common Contracts

3 similar Underwriting Agreement contracts by Cheesecake Factory Inc, Harsco Corp

The Cheesecake Factory Incorporated 3,125,000 Shares of Common Stock Underwriting Agreement
Underwriting Agreement • June 15th, 2021 • Cheesecake Factory Inc • Retail-eating places • New York

The Cheesecake Factory Incorporated, a Delaware corporation (the “Company”), proposes to issue and sell to the several underwriters listed in Schedule 1 hereto (the “Underwriters”), for whom you are acting as representative (the “Representative”), an aggregate of 3,125,000 shares of Common Stock, par value $0.01 per share, of the Company (the “Underwritten Securities”) and, at the option of the Underwriters, up to an additional 468,750 shares of Common Stock of the Company (the “Option Securities”) if and to the extent that the Underwriters shall have determined to exercise the option to purchase such additional shares of Common Stock of the Company granted to the Underwriters in Section 2 hereof. The Underwritten Securities and the Option Securities are herein referred to as the “Securities”. The shares of Common Stock outstanding after giving effect to the sale of the Common Stock are referred to herein as the “Stock”.

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The Cheesecake Factory Incorporated
Underwriting Agreement • June 15th, 2021 • Cheesecake Factory Inc • Retail-eating places • New York

The Cheesecake Factory Incorporated, a Delaware corporation (the “Company”), proposes to issue and sell to the several underwriters listed in Schedule 1 hereto (the “Underwriters”), for whom you are acting as representative (the “Representative”), $300 million principal amount of its 0.375% Convertible Senior Notes due 2026 (the “Underwritten Securities”) and, at the option of the Underwriters, up to an additional $45 million principal amount of its 0.375% Convertible Senior Notes due 2026 (the “Option Securities”) if and to the extent that the Underwriters shall have determined to exercise the option to purchase such 0.375% Convertible Senior Notes due 2026 granted to the Underwriters in Section 2 hereof. The Underwritten Securities and the Option Securities are herein referred to as the “Securities”. The Securities will be convertible into cash and, if applicable, shares (such shares, if any, the “Underlying Securities”) of common stock of the Company, par value $0.01 per share (the

UNDERWRITING AGREEMENT relating to US$450,000,000 HARSCO CORPORATION 5.75% SENIOR NOTES DUE 2018
Underwriting Agreement • May 14th, 2008 • Harsco Corp • Fabricated structural metal products • New York

The Securities will be issued pursuant to an Indenture to be dated as of May 15, 2008 and as supplemented through the Closing Date (the “Indenture”) between the Company and The Bank of New York, as trustee (the “Trustee”).

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