Common Contracts
33 similar Purchase Agreement contracts by Rue21, Inc., Sabre Industries, Inc., Iconix Brand Group, Inc., others
RESTORATION HARDWARE HOLDINGS, INC. (a Delaware corporation) — Shares of Common Stock PURCHASE AGREEMENTPurchase Agreement • September 19th, 2012 • Restoration Hardware Holdings Inc • Retail-furniture stores • New York
RESTORATION HARDWARE HOLDINGS, INC. (a Delaware corporation) — Shares of Class A Common Stock PURCHASE AGREEMENTPurchase Agreement • June 26th, 2012 • Restoration Hardware Holdings Inc • Retail-furniture stores • New York
SABRE INDUSTRIES, INC. (a Delaware corporation) [·] Shares of Common Stock PURCHASE AGREEMENTPurchase Agreement • May 12th, 2011 • Sabre Industries, Inc. • Water, sewer, pipeline, comm & power line construction • New York
SABRE INDUSTRIES, INC. (a Delaware corporation) [·] Shares of Common Stock PURCHASE AGREEMENTPurchase Agreement • May 12th, 2011 • Sabre Industries, Inc. • Water, sewer, pipeline, comm & power line construction • New York
Verisk Analytics, Inc. (Delaware corporation) [•] Shares of Class A Common Stock PURCHASE AGREEMENTPurchase Agreement • September 23rd, 2010 • Verisk Analytics, Inc. • Services-computer processing & data preparation • New York
The persons listed in Schedule B hereto (the “Selling Stockholders”), confirm their respective agreements with Merrill Lynch, Pierce, Fenner & Smith Incorporated (“Merrill Lynch”), Morgan Stanley & Co. Incorporated (“Morgan Stanley”), J.P. Morgan Securities LLC (“JPMorgan”), and each of the other Underwriters named in Schedule A hereto (collectively, the “Underwriters,” which term shall also include any underwriter substituted as hereinafter provided in Section 10 hereof), for whom Merrill Lynch, Morgan Stanley and JPMorgan are acting as representatives (in such capacity, the “Representatives”), with respect to (i) the sale by
GAMEFLY, INC. (a Delaware corporation) [·] Shares of Common Stock PURCHASE AGREEMENTPurchase Agreement • August 12th, 2010 • GameFly Inc. • Services-video tape rental • New York
GameFly, Inc., a Delaware corporation (the “Company”) and the persons listed in Schedule B hereto (the “Selling Stockholders”), confirm their respective agreements with Merrill Lynch, Pierce, Fenner & Smith Incorporated (“Merrill Lynch”) and Piper Jaffray & Co. (“Piper Jaffray”) and each of the other Underwriters named in Schedule A hereto (collectively, the “Underwriters,” which term shall also include any underwriter substituted as hereinafter provided in Section 10 hereof), for whom Merrill Lynch and Piper Jaffray & Co. are acting as representatives (in such capacity, the “Representatives”), with respect to (i) the sale by the Company and the Selling Stockholders, acting severally and not jointly, and the purchase by the Underwriters, acting severally and not jointly, of the respective numbers of shares of Common Stock, par value $0.0001 per share, of the Company (“Common Stock”) set forth in Schedules A and B hereto and (ii) the grant by the Company and the Selling Stockholders to
THE FRESH MARKET, INC (a Delaware corporation) [ ] Shares of Common Stock PURCHASE AGREEMENTPurchase Agreement • June 23rd, 2010 • Fresh Market, Inc. • Retail-grocery stores • New York
The Fresh Market, Inc., a North Carolina corporation (the “Company”), and the persons listed in Schedule B hereto (the “Selling Stockholders”) for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, confirm their respective agreements with each of the Underwriters named in Schedule A hereto (collectively, the “Underwriters,” which term shall also include any underwriter substituted as hereinafter provided in Section 10 hereof), for whom Merrill Lynch, Pierce, Fenner & Smith Incorporated (“ML”), J.P. Morgan Securities Inc. (“J.P. Morgan”) and Goldman, Sachs & Co. are acting as representatives (collectively, in such capacity, the “Representatives”), with respect to (i) the sale by the Selling Stockholders, acting severally and not jointly, 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 (“Common Stock”) set forth in Schedules A
AMERESCO, INC. (a Delaware corporation)Purchase Agreement • June 21st, 2010 • Ameresco, Inc. • Construction - special trade contractors • New York
Ameresco, Inc., a Delaware corporation (the “Company”), and the persons listed in Schedule B hereto (the “Selling Shareholders”), confirm their respective agreements with Merrill Lynch, Pierce, Fenner & Smith Incorporated (“Merrill Lynch”) and each of the other Underwriters named in Schedule A hereto (collectively, the “Underwriters,” which term shall also include any underwriter substituted as hereinafter provided in Section 10 hereof), for whom Merrill Lynch is acting as representative (in such capacity, the “Representative”), with respect to (i) the sale by the Company and the Selling Shareholder(s), acting severally and not jointly, and the purchase by the Underwriters, acting severally and not jointly, of the respective numbers of shares of Class A Common Stock, par value $0.0001 per share, of the Company (“Class A Common Stock”) set forth in Schedules A and B hereto and (ii) the grant by the Company and certain Selling Shareholder(s) to the Underwriters, acting severally and not
SABRE INDUSTRIES, INC. (a Delaware corporation) [·] Shares of Common Stock PURCHASE AGREEMENTPurchase Agreement • June 9th, 2010 • Sabre Industries, Inc. • Water, sewer, pipeline, comm & power line construction • New York
MERU NETWORKS, INC. (a Delaware corporation) — Shares of Common Stock PURCHASE AGREEMENTPurchase Agreement • March 12th, 2010 • Meru Networks Inc • Computer communications equipment • New York
OWENS CORNING (a Delaware corporation) 12,261,000 Shares of Common Stock PURCHASE AGREEMENTPurchase Agreement • March 3rd, 2010 • Owens Corning/Fibreboard Asbestos Personal Injury Trust • Abrasive, asbestos & misc nonmetallic mineral prods • New York
OWENS CORNING (a Delaware corporation) 12,261,000 Shares of Common Stock PURCHASE AGREEMENTPurchase Agreement • February 26th, 2010 • Owens Corning • Abrasive, asbestos & misc nonmetallic mineral prods • New York
rue21, inc. (a Delaware corporation) 6,053,877 Shares of Common Stock PURCHASE AGREEMENTPurchase Agreement • February 26th, 2010 • Rue21, Inc. • Retail-apparel & accessory stores • New York
Merrill Lynch, Pierce, Fenner & Smith Incorporated Goldman, Sachs & Co. J.P. Morgan Securities Inc. as Representatives of the several Underwriters named in Schedule A hereto
rue21, inc. (a Delaware corporation) 5,063,563 Shares of Common Stock PURCHASE AGREEMENTPurchase Agreement • February 22nd, 2010 • Rue21, Inc. • Retail-apparel & accessory stores • New York
Merrill Lynch, Pierce, Fenner & Smith Incorporated Goldman, Sachs & Co. J.P. Morgan Securities Inc. as Representatives of the several Underwriters named in Schedule A hereto
PENSKE AUTOMOTIVE GROUP, INC. (a Delaware corporation) [ ] Shares of Voting Common Stock PURCHASE AGREEMENTPurchase Agreement • January 29th, 2010 • Penske Automotive Group, Inc. • Retail-auto dealers & gasoline stations • New York
Merrill Lynch, Pierce, Fenner & Smith Incorporated J.P. Morgan Securities Inc. as Representatives of the several Underwriters c/o Merrill Lynch, Pierce, Fenner & Smith Incorporated One Bryant Park New York, New York 10036
SYMETRA FINANCIAL CORPORATION (a Delaware corporation) l Shares of Common Stock PURCHASE AGREEMENTPurchase Agreement • January 6th, 2010 • Symetra Financial CORP • Life insurance • New York
rue21, inc. (a Delaware corporation) 6,765,437 Shares of Common Stock PURCHASE AGREEMENTPurchase Agreement • November 18th, 2009 • Rue21, Inc. • Retail-apparel & accessory stores • New York
Goldman, Sachs & Co. J.P. Morgan Securities Inc. as Representatives of the several Underwriters to be named in the within-mentioned Purchase Agreement
rue21, inc. (a Delaware corporation) [●] Shares of Common Stock FORM OF PURCHASE AGREEMENTPurchase Agreement • November 2nd, 2009 • Rue21, Inc. • Retail-apparel & accessory stores • New York
rue21, inc., a Delaware corporation (the “Company”) and the persons, including BNP Paribas North America, Inc. (“BNP”), listed in Schedule B hereto (the “Selling Stockholders”), confirm their respective agreements with Merrill Lynch, Pierce, Fenner & Smith Incorporated (“BofA Merrill Lynch”), Goldman, Sachs & Co. (“Goldman Sachs”), J.P. Morgan Securities Inc. (“J. P. Morgan”) and each of the other Underwriters named in Schedule A hereto (collectively, the “Underwriters,” which term shall also include any underwriter substituted as hereinafter provided in Section 10 hereof), for whom BofA Merrill Lynch, Goldman Sachs and J. P. Morgan are acting as representatives (in such capacity, the “Representatives”), with respect to (i) the sale by the Company and the Selling Stockholders, acting severally and not jointly, and the purchase by the Underwriters, acting severally and not jointly, of the respective number of shares of Common Stock, par value $0.001 per share, of the Company (“Common St
PURCHASE AGREEMENTPurchase Agreement • September 23rd, 2009 • Opentable Inc • Services-business services, nec • New York
The Selling Stockholders named in Schedules B and F, A. George Battle, Adam R. Dell, J. William Gurley, Jeffrey D. Jordan, Thomas H. Layton, Michelle Peluso and Paul Pressler.
PURCHASE AGREEMENTPurchase Agreement • August 26th, 2009 • Opentable Inc • Services-business services, nec • New York
OpenTable, Inc., a Delaware corporation (the “Company”), and the persons listed in Schedule B hereto (the “Selling Stockholders”), confirm their respective agreements with Merrill Lynch, Pierce, Fenner & Smith Incorporated (“Merrill Lynch”) and each of the other Underwriters named in Schedule A hereto (collectively, the “Underwriters,” which term shall also include any underwriter substituted as hereinafter provided in Section 10 hereof), for whom Merrill Lynch is acting as representative (in such capacity, the “Representative”), with respect to (i) the sale by the Selling Stockholders, acting severally and not jointly, and the purchase by the Underwriters, acting severally and not jointly, of the respective numbers of shares of Common Stock, par value $0.0001 per share, of the Company (“Common Stock”) set forth in Schedules A and B hereto and (ii) the grant by the Selling Stockholders to the Underwriters, acting severally and not jointly, of the option described in Section 2(b) hereof
GSI Commerce, Inc. (a Delaware corporation) 10,000,000 Shares of Common Stock PURCHASE AGREEMENTPurchase Agreement • August 7th, 2009 • Gsi Commerce Inc • Retail-catalog & mail-order houses • New York
GSI Commerce, Inc., a Delaware corporation (the “Company”), and the persons listed in Schedule B hereto (the “Selling Shareholders”), confirm their respective agreements with Merrill Lynch, Pierce, Fenner & Smith Incorporated (“Merrill Lynch”), UBS Securities LLC (“UBS Securities”) and each of the other Underwriters named in Schedule A hereto (collectively, the “Underwriters,” which term shall also include any underwriter substituted as hereinafter provided in Section 10 hereof), for whom Merrill Lynch and UBS Securities are acting as representatives (in such capacity, the “Representatives”), with respect to (i) the sale by the Company and the Selling Shareholders, acting severally and not jointly, 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 (“Common Stock”) set forth in Schedules A and B hereto and (ii) the grant by the Company to the Underwriters, acting severall
Verisk Analytics, Inc. (Delaware corporation) [l] Shares of Class A Common Stock PURCHASE AGREEMENTPurchase Agreement • November 21st, 2008 • Verisk Analytics, Inc. • Services-computer processing & data preparation • New York
The persons listed in Schedule B hereto (the “Selling Stockholders”), confirm their respective agreements with Merrill Lynch & Co., Merrill Lynch, Pierce, Fenner & Smith Incorporated (“Merrill Lynch”), Morgan Stanley & Co. Incorporated (“Morgan Stanley”) and each of the other Underwriters named in Schedule A hereto (collectively, the “Underwriters,” which term shall also include any underwriter substituted as hereinafter provided in Section 10 hereof), for whom Merrill Lynch and Morgan Stanley are acting as representatives (in such capacity, the “Representatives”), with respect to (i) the sale by the Selling Stockholders, acting severally and not jointly, and the purchase by the Underwriters, acting severally and not jointly, of the respective numbers of shares of Class A Common Stock, par value $0.001 per share (“Common Stock”), of Verisk Analytics, Inc., a Delaware Corporation (the “Company”) set forth in Schedules A and B hereto and (ii) the grant by the Selling Stockholders to the
TOMOTHERAPY INCORPORATED (a Wisconsin corporation) Shares of Common Stock PURCHASE AGREEMENTPurchase Agreement • September 21st, 2007 • TomoTherapy Inc • Electromedical & electrotherapeutic apparatus • New York
SYNTAX-BRILLIAN CORPORATION (a Delaware corporation) 25,608,695 Shares of Common Stock (Par Value $.001 Per Share) PURCHASE AGREEMENTPurchase Agreement • May 24th, 2007 • Syntax-Brillian Corp • Radio & tv broadcasting & communications equipment • New York
MERRILL LYNCH & CO. Merrill Lynch, Pierce, Fenner & Smith Incorporated as Representative of the several Underwriters 4 World Financial Center New York, New York 10080
ALLEGIANT TRAVEL COMPANY (a Nevada corporation) Shares of Common Stock PURCHASE AGREEMENTPurchase Agreement • May 18th, 2007 • Allegiant Travel CO • Air transportation, scheduled • New York
Superior Offshore International, Inc. (Delaware corporation) 10,166,667 Shares of Common Stock PURCHASE AGREEMENTPurchase Agreement • April 25th, 2007 • Superior Offshore International Inc. • Oil & gas field services, nec • New York
MERRILL LYNCH & CO. Merrill Lynch, Pierce, Fenner & Smith Incorporated J.P. Morgan Securities Inc. as Representatives of the several Underwriters c/o Merrill Lynch & Co. Merrill Lynch, Pierce, Fenner & Smith Incorporated 4 World Financial Center New York, New York 10080 J.P. Morgan Securities Inc. 277 Park Avenue New York, New York 10172
COBIZ INC. (a Colorado corporation) 2,956,750 Shares of Common Stock (Par Value $.01 Per Share) PURCHASE AGREEMENTPurchase Agreement • January 24th, 2007 • Cobiz Inc • National commercial banks • New York
KEEFE, BRUYETTE & WOODS, INC. RBC CAPITAL MARKETS CORPORATION STIFEL, NICOLAUS & COMPANY, INCORPORATED as Representatives of the several Underwriters c/o Keefe, Bruyette & Woods, Inc. 787 Seventh Avenue 4th Floor New York, New York 10019
ICONIX BRAND GROUP, INC. (a Delaware corporation) 12,065,000 Shares of Common Stock PURCHASE AGREEMENTPurchase Agreement • December 13th, 2006 • Iconix Brand Group, Inc. • Footwear, (no rubber) • New York
ICONIX BRAND GROUP, INC. (a Delaware corporation)Purchase Agreement • November 24th, 2006 • Iconix Brand Group, Inc. • Footwear, (no rubber) • New York
Iconix Brand Group, Inc., a Delaware corporation (the “Company”), and the persons listed in Schedule B hereto (the “Selling Shareholders”), confirm their respective agreements with Merrill Lynch & Co., Merrill Lynch, Pierce, Fenner & Smith Incorporated (“Merrill Lynch”), Lehman Brothers Inc. (“Lehman Brothers”) and each of the other Underwriters named in Schedule A hereto (collectively, the “Underwriters,” which term shall also include any underwriter substituted as hereinafter provided in Section 10 hereof), for whom Merrill Lynch and Lehman Brothers are acting as representatives (in such capacity, the “Representatives”), with respect to (i) the sale by the Company and the Selling Shareholders, acting severally and not jointly, of an aggregate of l shares (the “Initial Securities”) of the common stock, par value $0.001 per share, of the Company (“Common Stock”), of which l shares will be sold by the Selling Shareholders in the respective amounts set forth opposite their names in Sched
NEXTEST SYSTEMS CORPORATION (a Delaware corporation) [5,400,000] Shares of Common Stock (Par Value $0.001 Per Share) PURCHASE AGREEMENTPurchase Agreement • March 15th, 2006 • Nextest Systems Corp • Instruments for meas & testing of electricity & elec signals • New York
PURCHASE AGREEMENTPurchase Agreement • June 28th, 2005 • Lincoln Educational Services Corp • Services-educational services • New York
INTERACTIVE HEALTH, INC. (a Delaware corporation) • Shares of Common Stock PURCHASE AGREEMENTPurchase Agreement • February 7th, 2005 • Interactive Health, Inc. • Household furniture • New York
MERRILL LYNCH & CO. Merrill Lynch, Pierce, Fenner & Smith Incorporated Thomas Weisel Partners LLC as Representatives of the several Underwriters
SIGMATEL, INC. (Delaware corporation) 10,000,000 Shares of Common Stock PURCHASE AGREEMENTPurchase Agreement • September 10th, 2003 • Sigmatel Inc • Semiconductors & related devices • New York
Notwithstanding the foregoing, the undersigned may transfer the Lock-Up Securities without the prior written consent of Merrill Lynch, (i) as a bona fide gift or gifts, provided that the donee or donees thereof agree to be bound in writing by the restriction set forth herein, or (ii) to any trust for the direct or indirect benefit of the undersigned or the immediate family of the undersigned, provided that the trustee of the trust agrees to be bound in writing by the restrictions set forth herein, and provided further that any such transfer shall not involve a disposition for value. For purposes of this lock-up agreement, “immediate family” shall mean any relationship by blood, marriage or adoption, not more remote than first cousin. The undersigned also agrees and consents to the entry of stop transfer instructions with the Company’s transfer agent and registrar against the transfer of the Lock-Up Securities except in compliance with the foregoing restrictions.
