CERTAIN IDENTIFIED INFORMATION, MARKED BY “[***]”, HAS BEEN EXCLUDED FROM THIS EXHIBIT BECAUSE IT IS BOTH NOT MATERIAL AND IS THE TYPE THAT THE REGISTRANT TREATS AS PRIVATE OR CONFIDENTIAL.Underwriting Agreement • March 6th, 2024 • BridgeBio Pharma, Inc. • Pharmaceutical preparations
Contract Type FiledMarch 6th, 2024 Company IndustryBridgeBio Pharma, 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 8,620,690 shares (the “Firm Securities”) of Common Stock, par value $0.001 per share (“Stock”) of the Company and, at the election of the Underwriters, up to 1,293,103 additional shares (the “Optional Securities”) of Stock (the Firm Securities and the Optional Securities that the Underwriters elect to purchase pursuant to Section 2 hereof being collectively called the “Securities”).
Everest Re Group, Ltd. Common Shares Underwriting AgreementUnderwriting Agreement • May 19th, 2023 • Everest Re Group LTD • Fire, marine & casualty insurance
Contract Type FiledMay 19th, 2023 Company IndustryEverest Re Group, Ltd., a Bermuda exempted company (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 3,600,000 common shares, par value $0.01 per share (“Common Shares”), of the Company (such number of Common Shares, the “Firm Securities”) and, at the election of the Underwriters, up to 540,000 additional Common Shares (the “Optional Securities”). The Firm Securities and the Optional Securities that the Underwriters elect to purchase pursuant to Section 2 hereof being collectively called the “Securities”).
Tractor Supply Company $750,000,000 5.250% Senior Notes Due 2033 Underwriting AgreementUnderwriting Agreement • May 5th, 2023 • Tractor Supply Co /De/ • Retail-building materials, hardware, garden supply
Contract Type FiledMay 5th, 2023 Company IndustryTractor Supply Company, 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 $750,000,000 principal amount of the 5.250% senior notes due 2033 (the “Securities”).
PAR Technology CorporationUnderwriting Agreement • September 17th, 2021 • Par Technology Corp • Calculating & accounting machines (no electronic computers) • New York
Contract Type FiledSeptember 17th, 2021 Company Industry JurisdictionPAR Technology Corporation, 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”) $235,000,000 principal amount of its 1.5% Convertible Senior Notes due 2027 (the “Firm Securities”) and, at the election of the Underwriters, up to an additional $30,000,000 principal amount of its 1.5% Convertible Senior Notes due 2027 (the “Optional Securities” and, together with the Firm Securities, the “Securities”) to be issued pursuant to the provisions of a base indenture to be dated as of September 17, 2021, as supplemented by the first supplemental indenture to such base indenture (collectively, the “Indenture”) between the Company and The Bank of New York Mellon Trust Company, N.A., as trustee (the “Trustee”). The Securities will be convertible into cash, and duly and validly issued, fully paid and non-assessable shares of common stock
Dole plc Ordinary Shares Underwriting AgreementUnderwriting Agreement • July 28th, 2021 • Dole PLC • Agricultural production-crops • New York
Contract Type FiledJuly 28th, 2021 Company Industry JurisdictionDole plc, an Irish public limited company (“New Dole” or the “Company”), proposes, subject to the terms and conditions stated in this agreement (this “Agreement”), to issue to the Underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of [ ● ] ordinary shares (the “Firm Shares”), par value $0.01 (the “Ordinary Shares”) and, at the election of the Underwriters, up to [ ● ] additional Ordinary Shares of the Company (the “Optional Shares”). The Firm Shares and the Optional Shares that the Underwriters elect to subscribe for and purchase pursuant to Section 2 hereof are herein collectively called the “Shares”.
Underwriting AgreementUnderwriting Agreement • March 22nd, 2021 • Gain Therapeutics, Inc. • Pharmaceutical preparations • New York
Contract Type FiledMarch 22nd, 2021 Company Industry JurisdictionGain Therapeutics, 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”), for whom you are acting as the representatives (the “Representatives”), an aggregate of 3,636,364 shares (the “Firm Shares”) and, at the election of the Underwriters, up to 545,454 additional shares (the “Optional Shares”) of common stock, $0.0001 par value per share (“Stock”), of the Company (the Firm Shares and the Optional Shares that the Underwriters elect to purchase pursuant to Section 2 hereof being collectively called the “Shares”).
Ozon Holdings PLC Ordinary Shares, in the form of American Depositary Shares Underwriting AgreementUnderwriting Agreement • November 17th, 2020 • Ozon Holdings PLC • Retail-catalog & mail-order houses • New York
Contract Type FiledNovember 17th, 2020 Company Industry JurisdictionOzon Holdings PLC, a company incorporated under the laws of the Republic of Cyprus (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 ordinary shares (the “Firm Shares”) to be delivered in the form of American Depositary Shares, each representing one of the Company’s ordinary shares, nominal value $0.001 per share (the “Firm ADSs”), and, at the election of the Underwriters, up to additional ordinary shares (the “Optional Shares” and, together with the Firm Shares, the “Shares”) to be delivered in the form of ADSs (the “Optional ADSs”). The Firm ADSs and the Optional ADSs that the Underwriters elect to purchase pursuant to Section 2 hereof are herein collectively called the “ADSs.”
Caliber Home Loans, Inc. [●]% Series A Mandatory Convertible Preferred Stock Underwriting AgreementUnderwriting Agreement • October 21st, 2020 • Caliber Home Loans, Inc. • Finance services
Contract Type FiledOctober 21st, 2020 Company Industry
Underwriting AgreementUnderwriting Agreement • September 29th, 2020 • Penn National Gaming Inc • Hotels & motels • New York
Contract Type FiledSeptember 29th, 2020 Company Industry JurisdictionPenn National Gaming, Inc., a Pennsylvania 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 14,000,000 shares (the “Firm Securities”) and, at the election of the Underwriters, up to 2,100,000 additional shares (the “Optional Securities”) of common stock, par value $0.01 per share (“Stock”) of the Company (the Firm Securities and the Optional Securities that the Underwriters elect to purchase pursuant to Section 2 hereof being collectively called the “Securities”).
Underwriting AgreementUnderwriting Agreement • May 14th, 2020 • Penn National Gaming Inc • Hotels & motels • New York
Contract Type FiledMay 14th, 2020 Company Industry JurisdictionBofA Securities, Inc., As representatives (the “Representatives” or “you”) of the several Underwriters named in Schedule I hereto,
SunPower Corporation 22,000,000 Shares of Common Stock, $0.001 Par Value per Share Underwriting AgreementUnderwriting Agreement • November 25th, 2019 • Sunpower Corp • Semiconductors & related devices • New York
Contract Type FiledNovember 25th, 2019 Company Industry JurisdictionSunPower Corporation, 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 22,000,000 shares (the “Firm Securities”) and, at the election of the Underwriters, up to 3,300,000 additional shares (the “Optional Securities”) of common stock, par value $0.001 per share (“Stock”), of the Company (the Firm Securities and the Optional Securities that the Underwriters elect to purchase pursuant to Section 2 hereof being collectively called the “Securities”).
Aqua America, Inc. 32,495,667 Shares Common Stock, Par Value $0.50 Per Share Underwriting AgreementUnderwriting Agreement • April 23rd, 2019 • Aqua America Inc • Water supply • New York
Contract Type FiledApril 23rd, 2019 Company Industry JurisdictionAqua America, Inc., a Pennsylvania 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 32,495,667 shares (the “Firm Securities”) and, at the election of the Underwriters, up to 4,874,350 additional shares (the “Optional Securities”) of common stock, par value $0.50 per share, of the Company (“Stock”) (the Firm Securities and the Optional Securities that the Underwriters elect to purchase pursuant to Section 2 hereof being collectively called the “Securities”, and the offer and sale of the Securities hereunder being called the “Equity Offering”).
Radcom Ltd. Ordinary Shares, par value NIS 0.20 per share Underwriting AgreementUnderwriting Agreement • October 19th, 2017 • Radcom LTD • Computer peripheral equipment, nec • New York
Contract Type FiledOctober 19th, 2017 Company Industry JurisdictionRadcom Ltd., a company organized under the laws of the State of Israel (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”) for whom William Blair & Company, L.L.C. is acting as representative (the “Representative” or “you”) an aggregate of 1,444,814 shares (the “Firm Securities”) and, at the election of the Underwriters, up to 216,722 additional shares (the “Optional Securities”) of Ordinary Shares, par value NIS 0.20 per share (“Stock”), of the Company (the Firm Securities and the Optional Securities that the Underwriters elect to purchase pursuant to Section 2 hereof are herein collectively called the “Securities”).
Beacon Roofing Supply, Inc. 6,325,000 Shares of Common Stock Underwriting AgreementUnderwriting Agreement • September 25th, 2017 • Beacon Roofing Supply Inc • Wholesale-lumber & other construction materials • New York
Contract Type FiledSeptember 25th, 2017 Company Industry JurisdictionThe Company has entered into a Stock Purchase Agreement, dated as of August 24, 2017, as amended and supplemented from time to time (including all exhibits, schedules and attachments thereto, the “Acquisition Agreement”), among the Company, Oldcastle, Inc., a Delaware corporation (“Allied Parent”), and Oldcastle Distribution, Inc., a Delaware corporation (“Allied Seller”), pursuant to which the Company will acquire 100% of the outstanding capital stock of Allied Building Products Corp., a New Jersey corporation (“Allied”), and Kapalama Kilgos Acquisition Corp., a Delaware corporation (“Kilauea” and, together with Allied and its and their respective subsidiaries, being hereinafter called the “Acquired Company”), after the offering of the Shares hereunder.
Underwriting AgreementUnderwriting Agreement • August 11th, 2017 • BioAmber Inc. • Industrial organic chemicals • New York
Contract Type FiledAugust 11th, 2017 Company Industry JurisdictionBioAmber Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the Underwriters signatory hereto and named in Schedule I hereto (the “Underwriters”), for whom you are acting as representative (the “Representative”), an aggregate of 14,666,667 combinations each consisting of one share (the “Firm Shares”) of Common Stock, par value $0.01 per share (“Stock”), of the Company and one warrant to purchase one share of Common Stock as set forth in the Prospectus (as defined herein) (the “Firm Warrants”). The Firm Shares and the Option Shares (as defined herein) that that the Underwriters elect to purchase pursuant to Section 2 hereof are also sometimes collectively referred to as the “Shares” and the Firm Warrants and the Option Warrants (as defined herein) are also sometimes collectively referred to herein as the “Warrants”. The Shares and the Warrants are sometimes referred to as the “Securities”. To the extent there a
Radcom Ltd. Ordinary Shares, par value NIS 0.20 per share Underwriting AgreementUnderwriting Agreement • May 20th, 2016 • Radcom LTD • Computer peripheral equipment, nec • New York
Contract Type FiledMay 20th, 2016 Company Industry JurisdictionRadcom Ltd., a company organized under the laws of the State of Israel (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”) for whom William Blair & Company, L.L.C. is acting as representative (the “Representative” or “you”) an aggregate of 1,818,182 shares (the “Firm Securities”) and, at the election of the Underwriters, up to 272,727 additional shares (the “Optional Securities”) of Ordinary Shares, par value NIS 0.20 per share (“Stock”), of the Company (the Firm Securities and the Optional Securities that the Underwriters elect to purchase pursuant to Section 2 hereof are herein collectively called the “Securities”).
SciQuest, Inc. Common Stock Underwriting AgreementUnderwriting Agreement • March 27th, 2014 • Sciquest Inc • Services-prepackaged software • New York
Contract Type FiledMarch 27th, 2014 Company Industry Jurisdiction
Underwriting AgreementUnderwriting Agreement • November 10th, 2010 • Wave2Wave Communications, Inc. • Communications services, nec • New York
Contract Type FiledNovember 10th, 2010 Company Industry JurisdictionAs representative of the Underwriters named in Schedule I hereto, c/o Rodman & Renshaw, LLC 1251 Avenue of the Americas, 20th Floor New York, New York 10020
Underwriting AgreementUnderwriting Agreement • October 22nd, 2010 • Wave2Wave Communications, Inc. • Communications services, nec • New York
Contract Type FiledOctober 22nd, 2010 Company Industry JurisdictionAs representative of the Underwriters named in Schedule I hereto, c/o Rodman & Renshaw, LLC 1251 Avenue of the Americas, 20th Floor New York, New York 10020
PRIMO WATER CORPORATION Common Stock Form of Underwriting AgreementUnderwriting Agreement • August 11th, 2010 • Primo Water Corp • Wholesale-groceries, general line • New York
Contract Type FiledAugust 11th, 2010 Company Industry JurisdictionWells Fargo Securities, LLC Stifel, Nicolaus & Company, Incorporated As Representatives of the Underwriters named in Schedule I hereto,
Underwriting AgreementUnderwriting Agreement • April 19th, 2010 • Wave2Wave Communications, Inc. • Communications services, nec • New York
Contract Type FiledApril 19th, 2010 Company Industry JurisdictionAs representative of the Underwriters named in Schedule I hereto, c/o Rodman & Renshaw, LLC 1251 Avenue of the Americas, 20th Floor New York, New York 10020
Underwriting AgreementUnderwriting Agreement • April 5th, 2010 • Wave2Wave Communications, Inc. • Communications services, nec • New York
Contract Type FiledApril 5th, 2010 Company Industry JurisdictionAs representative of the Underwriters named in Schedule I hereto, c/o Rodman & Renshaw, LLC 1251 Avenue of the Americas, 20th Floor New York, New York 10020
Conexant Systems, Inc. 14,000,000 Shares of Common Stock, Par Value $0.01 Per Share Underwriting AgreementUnderwriting Agreement • March 5th, 2010 • Conexant Systems Inc • Semiconductors & related devices • New York
Contract Type FiledMarch 5th, 2010 Company Industry JurisdictionGoldman, Sachs & Co., As representative of the several Underwriters named in Schedule I hereto, c/o Goldman, Sachs & Co., 200 West Street New York, New York 10282-2198