NEKTAR THERAPEUTICS (a Delaware corporation) PURCHASE AGREEMENTPurchase Agreement • September 28th, 2005 • Nektar Therapeutics • Pharmaceutical preparations • New York
Contract Type FiledSeptember 28th, 2005 Company Industry JurisdictionThe Notes will be convertible into fully paid, nonassessable shares of common stock of the Company, par value $0.0001 per share (the “Common Stock”), on the terms, and subject to the conditions, set forth in the Indenture (as defined below). As used herein, “Conversion Shares” means the shares of Common Stock into which the Notes are convertible. The Notes will be issued pursuant to an Indenture (the “Indenture”) to be dated as of the First Delivery Date (as defined in Section 2(a)), between the Company and J.P. Morgan Trust Company, National Association, as trustee (the “Trustee”).
OVERSTOCK.COM, INC. PURCHASE AGREEMENTPurchase Agreement • March 16th, 2005 • Overstock Com Inc • Services-business services, nec • New York
Contract Type FiledMarch 16th, 2005 Company Industry JurisdictionOverstock.com, Inc., a Delaware corporation (the "Company"), proposes, upon the terms and conditions set forth herein, to issue and sell to Lehman Brothers Inc. and the other initial purchasers identified in Schedule 1 hereto (together, the "Initial Purchasers"), for whom Lehman Brothers Inc. is acting as representative (the "Representative"), $100,000,000 in aggregate principal amount of its 3.75% Convertible Senior Notes due 2011 (the "Firm Notes"). In addition, the Company proposes to grant to the Initial Purchasers an option (the "Option") to purchase up to an additional $20,000,000 in aggregate principal amount of Convertible Senior Notes due 2011 (the "Optional Notes" and, together with the Firm Notes, the "Notes"). The Notes will (i) have terms and provisions which are summarized in the Offering Memorandum (as defined below) and (ii) be issued pursuant to an indenture (the "Indenture") to be entered into between the Company and Wells Fargo Bank, National Association, as trustee
100,000,000 3% Convertible Subordinated Notes due 2010 PURCHASE AGREEMENTPurchase Agreement • July 2nd, 2003 • Nektar Therapeutics • Pharmaceutical preparations • New York
Contract Type FiledJuly 2nd, 2003 Company Industry JurisdictionNektar Therapeutics, a Delaware corporation (the “Company”), confirms its agreement with Merrill Lynch, Pierce, Fenner & Smith Incorporated (“Merrill Lynch”) and each of the other Initial Purchasers named in Schedule 1 hereto (collectively, the “Initial Purchasers,” which term shall also include any initial purchaser substituted as hereinafter provided in Section 8 hereof), for whom Merrill Lynch is acting as representative (in such capacity, the “Representative”), with respect to the issue and sale by the Company and the purchase by the Initial Purchasers, acting severally and not jointly, of the respective principal amounts set forth in said Schedule 1 of $100,000,000 aggregate principal amount of the Company’s 3% Convertible Subordinated Notes due 2010 (the “Firm Notes”), and with respect to the grant by the Company to the Initial Purchasers, acting severally and not jointly, of the option described in Section 2(b) hereof (the “Option”) to purchase all or any part of an additional $