Common Contracts
30 similar null contracts by Benefitfocus,Inc., INC Research Holdings, Inc., SeaWorld Entertainment, Inc., others
IBOTTA, INC. Class A Common Stock, par value $0.00001 Underwriting AgreementIbotta, Inc. • April 8th, 2024 • Services-advertising
Ibotta, 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 Goldman Sachs & Co. LLC, Citigroup Global Markets Inc. and BofA Securities, Inc. are acting as representatives (the “Representatives”), an aggregate of [__] shares of Class A common stock, par value $0.00001 per share (“Stock”), of the Company and the stockholders of the Company named in Schedule II hereto (the “Selling Stockholders”) propose, subject to the terms and conditions stated in this Agreement, to sell to the Underwriters an aggregate of [__] shares of Stock and, at the election of the Underwriters, up to [__] additional shares of Stock. The aggregate of [__] shares to be sold by the Company and the Selling Stockholders is herein called the “Firm Shares” and the aggregate of [__] additional shares to be sold by the Selling Stockholders is
agilon health, inc. 86,884,353 Shares of Common Stock Underwriting AgreementAgilon Health, Inc. • May 18th, 2023 • Services-misc health & allied services, nec
Certain stockholders of agilon health, inc., a Delaware corporation (the “Company”), listed in Schedule II hereto (the “Selling Stockholders”), propose severally, subject to the terms and conditions stated herein, to sell to the several underwriters listed in Schedule I hereto (the “Underwriters”), for whom you are acting as representatives (the “Representatives”), an aggregate of 86,884,353 shares (the “Firm Shares”) of Common Stock, par value $0.01 per share of the Company (the “Stock”). In addition, the Selling Stockholders propose to sell, at the option of the Underwriters, up to 7,726,955 additional shares of the Stock (collectively, the “Optional Shares”). The Firm Shares and the Optional Shares that the Underwriters may elect to purchase pursuant to Section 3 hereof are herein collectively called the “Shares.” Subject to the sale of the Firm Shares by the Selling Stockholders to the Underwriters in compliance with the terms of this underwriting agreement (this “Agreement”), the
Gates Industrial Corporation plc Ordinary Shares, par value $0.01 per share [Form of Selling Stockholders] Underwriting AgreementGates Industrial Corp PLC • August 26th, 2022 • General industrial machinery & equipment • New York
Certain stockholders of Gates Industrial Corporation plc, a public limited company incorporated under the laws of England and Wales (the “Company”), named in Schedule I hereto (the “Selling Stockholders”) propose, subject to the terms and conditions stated herein and in the manner stated herein, to sell to the several Underwriters named in Schedule II hereto (the “Underwriters”), for whom you are acting as representatives (“you” or the “Representatives”), an aggregate of [●] ordinary shares, par value $0.01 per share (the “Ordinary Shares”), of the Company and, at the election of the Underwriters, up to [●] additional Ordinary Shares of the Company. The aggregate of [●] Ordinary Shares to be sold by the Selling Stockholders are herein called the “Firm Shares” and the aggregate of up to [●] additional Ordinary Shares to be sold by the Selling Stockholders are herein called the “Optional Shares.” The Firm Shares and the Optional Shares that the Underwriters elect to purchase pursuant to
Underwriting AgreementRanpak Holdings Corp. • May 28th, 2021 • Converted paper & paperboard prods (no contaners/boxes) • New York
Ranpak Holdings Corp. 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 4,500,000 shares and, at the election of the Underwriters, up to 750,000 additional shares of Class A common stock, par value $0.0001 per share (“Stock”) of the Company and the stockholders of the Company named in Schedule II hereto (the “Selling Stockholders”) propose, subject to the terms and conditions stated in this Agreement, to sell to the Underwriters an aggregate of 500,000 shares. The aggregate of 5,000,000 shares to be sold by the Company and the Selling Stockholders is herein called the “Firm Shares” and the aggregate of 750,000 additional shares to be sold by the Company is herein called the “Optional Shares.” The Firm Shares and the Optional Shares that the Underwriters elect to purchase pursuant to Section 2 hereof are he
Underwriting AgreementAccel Entertainment, Inc. • September 21st, 2020 • Services-amusement & recreation services • New York
Accel Entertainment, 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 of Class A-1 common stock, par value $0.0001 per share ("Stock"), of the Company and, at the election of the Underwriters, up to an additional [•] shares of Stock and the stockholders of the Company named in Schedule II hereto (the "Selling Stockholders") propose, subject to the terms and conditions stated in this Agreement, to sell to the Underwriters an aggregate of [•] shares of Stock and, at the election of the Underwriters, up to [•] additional shares of Stock. The aggregate of [•] shares to be sold by the Company and the Selling Stockholders is herein called the "Firm Shares" and the aggregate of [•] additional shares to be sold by the Company and the Selling Stockholders is herein called the "Optional Shares". Th
EX-1.1 2 d369769dex11.htm FORM OF UNDERWRITING AGREEMENT FUNKO, INC. Class A Common Stock, par value $0.0001 per share Underwriting Agreement Goldman Sachs & Co. LLC Merrill Lynch, Pierce, Fenner & Smith Incorporated As representatives of the several...New York • May 5th, 2020
EX-1.1 2 d451946dex11.htm EX-1.1 Dropbox, Inc. Class A Common Stock, $0.00001 par value per share Underwriting Agreement Goldman Sachs & Co. LLC As representatives of the several Underwriters named in Schedule I hereto, c/o Goldman Sachs & Co. LLC New...New York • May 5th, 2020
Dropbox, 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 Goldman Sachs & Co. LLC and J.P. Morgan Securities LLC are acting as representatives (the “Representatives”), an aggregate of [●] shares and, at the election of the Underwriters, up to [●] additional shares of Class A common stock (the “Stock”) of the Company, and the stockholders of the Company named in Schedule II hereto (the “Selling Stockholders”) propose, subject to the terms and conditions stated in this Agreement to sell to the Underwriters an aggregate of [●] shares. The aggregate of [●] shares to be sold by the Company and the Selling Stockholders is herein called the “Firm Shares” and the aggregate of [●] additional shares to be sold by the Company is herein called the “Optional Shares”. The Firm Shares and the Optional Shares that the Un
Form of Underwriting AgreementAfya LTD • July 9th, 2019 • Services-educational services • New York
Afya Limited, an exempted company incorporated under the laws of the Cayman Islands with limited liability (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 representatives (the “Representatives”), an aggregate of [·] Class A common shares, par value US$0.00005 per share (the “Class A Common Shares”) of the Company and, at the election of the Underwriters, up to [·] additional Class A Common Shares and the Group A Selling Stockholder and the Group B Selling Stockholders set forth in Schedule II hereto (collectively, the “Selling Stockholders”) propose, subject to the terms and conditions stated in this Agreement, to sell to the Underwriters an aggregate of [·] Class A Common Shares, par value US$0.00005 per share. The aggregate of [·] Class A Common Shares to be sold by the Company and the Selling Stockholders is here
Benefitfocus, Inc. Common Stock, par value $0.001 per share Underwriting AgreementBenefitfocus,Inc. • March 1st, 2019 • Services-prepackaged software • New York
Benefitfocus, Inc., a Delaware corporation (the “Company”), and the stockholders of the Company named in Schedule I hereto (the “Selling Stockholders”) confirm their respective agreements with the Underwriters named in Schedule II hereto (the “Underwriters”), for whom you are acting as representatives (“Representatives”), with respect to (i) the sale by the Selling Stockholders and the purchase by the Underwriters, subject to the terms and conditions stated herein, of the respective number of shares (the “Firm Shares”) of Common Stock, $0.001 par value (the “Stock”), of the Company set forth in Schedule II hereto and, (ii) at the election of the Underwriters, the purchase by the Underwriters of up to 855,714 additional shares (the “Optional Shares”) of Stock being sold by the Selling Stockholders. The Firm Shares and the Optional Shares that the Underwriters elect to purchase pursuant to Section 2 hereof are herein collectively called the “Shares”.
Park Hotels & Resorts Inc. Common Stock, par value $0.01 per share Underwriting AgreementPark Hotels & Resorts Inc. • March 8th, 2018 • Hotels & motels • New York
Park Hotels & Resorts Inc., a Delaware corporation (the “Company”) confirms that the stockholders of the Company named in Schedule I hereto (the “Selling Stockholder”) has proposed, subject to the terms and conditions stated herein, to sell to the several Underwriters named in Schedule II hereto (the “Underwriters”), for whom you are acting as representative (“you” or the “Representatives”), an aggregate of 34,479,524 shares (the “Firm Shares”) of common stock, par value $0.01 per share (the “Stock”), of the Company, and, at the election of the Underwriters, up to 5,171,929 additional shares (the “Optional Shares”) of 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.” To the extent there are no additional Underwriters listed on Schedule II other than you, the term Representatives as used herein shall mean you, as Underwriters, and the terms Representatives and Un
ProPetro Holding Corp. 10,000,000 Shares of Common Stock, par value $0.001 per share Form of Underwriting AgreementProPetro Holding Corp. • November 2nd, 2017 • Oil & gas field services, nec • New York
MPM Holdings Inc. Common Stock, par value $0.01 per share Form of Underwriting AgreementMPM Holdings Inc. • October 31st, 2017 • Plastic materials, synth resins & nonvulcan elastomers • New York
MPM Holdings Inc., a Delaware corporation (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”) an aggregate of [●] shares (the “Company Shares”) of Common Stock, par value $0.01 per share, (“Stock”) of the Company and the stockholders of the Company named in Schedule II hereto (the “Selling Stockholders”) propose, subject to the terms and conditions stated herein, to sell to the Underwriters an aggregate of [●] shares and, at the election of the Underwriters, up to [●] additional shares of Stock (collectively, the “Stockholder Shares”). The aggregate of [●] shares to be sold by the Company and the Selling Stockholders is herein called the “Firm Shares” and the aggregate of [●] additional shares to be sold by the Selling Stockholders is herein called the “Optional Shares”. The Firm Shares and the Optional Shares that the Underwriters elect to purchase pursuant to Section 2 here
INC Research Holdings, Inc. Class A Common Stock Form of Underwriting AgreementINC Research Holdings, Inc. • August 11th, 2015 • Services-commercial physical & biological research • New York
The stockholders named in Schedule II hereto (the “Selling Stockholders”) of INC Research Holdings, Inc., a Delaware corporation (the “Company”), propose, subject to the terms and conditions stated herein, to sell to the Underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of [●] shares (the “Shares”) of Class A Common Stock, par value $0.01 (“Stock”) of the Company.
Form of Underwriting AgreementINC Research Holdings, Inc. • May 4th, 2015 • Services-commercial physical & biological research • New York
Freshpet, Inc. Common Stock Form of Underwriting AgreementFreshpet, Inc. • April 27th, 2015 • Grain mill products • New York
The stockholders named in Schedule II hereto (the “Selling Stockholders”) of Freshpet, Inc., a Delaware corporation (the “Company”), propose, subject to the terms and conditions stated herein, to 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 Common Stock, par value $0.001 (“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”).
Form of Firm Commitment Underwriting AgreementSprouts Farmers Market, Inc. • March 4th, 2015 • Retail-grocery stores • New York
The stockholders named in Schedule II hereto (the “Selling Stockholders”) of Sprouts Farmers Market, Inc., a Delaware corporation (the “Company”), propose, subject to the terms and conditions stated herein, to sell to you and each of the other Underwriters, if any, named in Schedule I hereto (the “Underwriters”), for whom you are acting as representative (the “Representative”), an aggregate of [—] shares of common stock, par value $0.001 per share (“Stock”) of the Company (the “[Firm] Shares”) [and, at the election of the Underwriters, up to [—] additional shares of Stock (the “Optional Shares”). The Firm Shares and the Optional Shares that the Underwriters elect to purchase pursuant to Section 2 hereof are herein collectively called the “Shares”]. If no other Underwriters are listed on Schedule I hereto, all references to the Representative and the Underwriters shall refer only to [Underwriter Name].
AAC HOLDINGS, INC. Common Stock, par value $0.001 per share Underwriting AgreementAAC Holdings, Inc. • September 22nd, 2014 • Services-specialty outpatient facilities, nec • New York
AAC Holdings, Inc., a Nevada corporation (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. and Raymond James & Associates, Inc. are acting as representatives (the “Representatives” or “you”) [ ] shares and, at the election of the Underwriters pursuant to Section 2 hereof, up to [ ] additional shares of common stock, par value $0.001 per share (“Stock”), of the Company. The stockholders of the Company named in Schedule II hereto (the “Selling Stockholders”) propose, severally and not jointly, subject to the terms and conditions stated herein, to sell to the Underwriters, at the election of the Underwriters pursuant to Section 2 hereof, up to [ ] additional shares of Stock. The [ ] shares to be sold by the Company are herein called the “Firm Shares” and the [ ] additional shares [ ] of which are to be sold by the Company and [ ] of whi
SeaWorld Entertainment, Inc. Common Stock, par value $0.01 per share Form of Underwriting AgreementSeaWorld Entertainment, Inc. • November 20th, 2013 • Services-miscellaneous amusement & recreation • New York
The stockholders named in Schedule II hereto (the “Selling Stockholders”) of SeaWorld Entertainment, Inc., a Delaware corporation (the “Company”), propose, subject to the terms and conditions stated herein, and acting severally and not jointly, to 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 common stock, par value $0.01 per share (the “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.”
Benefitfocus, Inc. Common Stock, par value $0.001 per share Underwriting AgreementBenefitfocus,Inc. • September 5th, 2013 • Services-prepackaged software • New York
Benefitfocus, Inc., a Delaware corporation (the “Company”), and the stockholders of the Company named in Schedule I hereto (the “Selling Stockholders”) confirm their respective agreements with the Underwriters named in Schedule II hereto (the “Underwriters”), for whom Goldman, Sachs & Co. and Deutsche Bank Securities Inc. are acting as representatives (the “Representatives” or “you”), 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, subject to the terms and conditions stated herein, of the respective number of shares (the “Firm Shares”) of Common Stock, $0.001 par value (the “Stock”), of the Company set forth in Schedule I and Schedule II and, (ii) at the election of the Underwriters, the purchase by the Underwriters, acting severally and not jointly, of up to [ ] additional shares (the “Optional Shares”) of Stock being sold by the Company and the Selling S
Constellium N.V. Class A Ordinary Shares, nominal value €0.02 per share Form of Underwriting AgreementConstellium N.V. • May 21st, 2013 • Secondary smelting & refining of nonferrous metals • New York
Constellium N.V., a public company with limited liability (naamloze vennootschap) incorporated under the laws of The Netherlands (the “Company”), proposes, subject to the terms and conditions stated in this Underwriting Agreement (this “Agreement”), to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”) for whom you are acting as representatives (the “Representatives”), an aggregate of [# of primary firm shares] Class A Ordinary Shares, nominal value €0.02 per share (the “Ordinary Shares”), [and, at the election of the Underwriters, up to [# of primary optional shares] additional Ordinary Shares], and the shareholders of the Company named in Schedule II hereto (the “Selling Shareholders”) propose, subject to the terms and conditions stated herein, to sell to the Underwriters an aggregate of [# of secondary firm shares] Ordinary Shares and, at the election of the Underwriters, up to [# of secondary optional shares] additional Ordinary Shares (the “offering
SeaWorld Entertainment, Inc. Common Stock, par value $0.01 per share Form of Underwriting AgreementSeaWorld Entertainment, Inc. • March 25th, 2013 • Services-miscellaneous amusement & recreation • New York
SeaWorld Entertainment, Inc., a Delaware corporation (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”) an aggregate of [ l ] shares of common stock, par value $0.01 per share (the “Stock”), of the Company and the stockholders of the Company named in Schedule II hereto (the “Selling Stockholders”) propose, subject to the terms and conditions stated herein, to sell to the Underwriters an aggregate of [ l ] shares of Stock and, at the election of the Underwriters, up to [ l ] additional shares of Stock of the Company. The aggregate of [ l ] shares of Stock to be sold by the Company and the Selling Stockholders is herein called the “Firm Shares” and the aggregate of [ l ] additional shares of Stock to be sold by the Selling Stockholders is herein called the “Optional Shares.” The Firm Shares and the Optional Shares that the Underwriters elect to purchase pursuant to Section 2 h
Bankrate, Inc. Common Stock, par value $0.01 per share Form of Underwriting Agreement (the “Agreement”)Bankrate, Inc. • December 6th, 2011 • Services-business services, nec • New York
The stockholders of Bankrate, Inc., a Delaware corporation (the “Company”), named in Schedule I hereto (the “Selling Stockholders” and, each Selling Stockholder other than Ben Holding S.à r.l., the “Management Selling Stockholders”) propose severally and not jointly, subject to the terms and conditions stated herein, to sell to the Underwriters named in Schedule II hereto (the “Underwriters”) an aggregate of 10,500,000 shares of common stock, par value $0.01 per share (“Stock”) of the Company (collectively, the “Firm Shares”). At the election of the Underwriters, pursuant to Section 2 hereof, the Selling Stockholders propose to sell up to 1,575,000 additional shares of Stock (collectively, the “Optional Shares”). The Firm Shares and the Optional Shares that the Underwriters elect to purchase pursuant to Section 2 hereof are herein collectively called the “Shares.”
Form of Underwriting AgreementGNC Holdings, Inc. • October 24th, 2011 • Retail-food stores • New York
Certain stockholders named in Schedule II hereto (the “Selling Stockholders”) of GNC Holdings, Inc., a Delaware corporation (the “Company”), propose, subject to the terms and conditions stated herein, to 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 $0.001 per share (“Stock”) of the Company (the Firm Shares and the Optional Shares which the Underwriters elect to purchase pursuant to Section 2 hereof are herein collectively called the “Shares”).
Francesca’s Holdings Corporation [—] Shares Common Stock, Par Value $0.01 Per Share Underwriting AgreementFrancesca's Holdings CORP • July 13th, 2011 • Retail-apparel & accessory stores • New York
Francesca’s Holdings Corporation, a Delaware corporation (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 Goldman, Sachs & Co. and J.P. Morgan Securities LLC are acting as representatives (the “Representatives”), an aggregate of [—] shares of its common stock, par value $0.01 per share (the “Stock”) of the Company, and the stockholders of the Company named in Schedule II hereto (the “Selling Stockholders”) propose, subject to the terms and conditions stated herein, to sell to the Underwriters an aggregate of [—] shares and, at the election of the Underwriters, up to [—] additional shares of Stock. The aggregate of [—] shares to be sold by the Company and the Selling Stockholders is herein called the “Firm Shares” and the aggregate of [—] additional shares to be sold by the Selling Stockholders is herein called the “Optional Shares”. The Firm Shares and the Option
Form of Underwriting AgreementGNC Acquisition Holdings Inc. • February 25th, 2011 • Retail-food stores • New York
GNC Acquisition Holdings Inc. (to be renamed GNC Holdings, Inc.), a Delaware corporation (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”) an aggregate of shares of Class A common stock, par value $0.001 per share (“Stock”) of the Company and the stockholders of the Company named in Schedule II hereto (the “Selling Stockholders”) propose, subject to the terms and conditions stated herein, to sell to the Underwriters an aggregate of shares of Stock. In addition, solely for the purpose of covering sales of shares in excess of the number of Firm Shares (as defined below), the Selling Stockholders, severally and not jointly, propose to grant to the Underwriters the option to purchase from the Selling Stockholders up to additional shares of Stock. The aggregate of shares of Stock to be sold by the Company and the Selling Stockholders is herein called the “Firm Shares” and the ag
RigNet, Inc. Common Stock, par value $0.001 per share Form of Underwriting AgreementRigNet, Inc. • November 29th, 2010 • Communications services, nec • New York
Deutsche Bank Securities Inc. Jefferies & Company, Inc. As representatives of the several Underwriters named in Schedule I hereto, c/o Deutsche Bank Securities Inc. 60 Wall Street, 4th Floor New York, New York 10005
Underwriting AgreementEmergency Medical Services CORP • August 7th, 2009 • Local & suburban transit & interurban hwy passenger trans • New York
As Representatives of the Underwriters c/o Merrill Lynch, Pierce, Fenner & Smith Incorporated 4 World Financial Center, North Tower New York, New York 10080
Lumber Liquidators, Inc. Common Stock Form of Underwriting AgreementLumber Liquidators, Inc. • November 5th, 2007 • Retail-lumber & other building materials dealers • New York
Lumber Liquidators, Inc. a Delaware corporation (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 Goldman, Sachs & Co. and Merrill Lynch, Pierce, Fenner & Smith Incorporated are acting as representatives (in such capacity, the “Representatives”), an aggregate of [ ] shares of Common Stock, par value $0.001 per share (“Stock”) of the Company, and Thomas D. Sullivan (the “Founder”) and certain investment funds associated with TA Associates, Inc. (“TA Associates” and, together with the Founder, the “Selling Stockholders”) propose, subject to the terms and conditions stated herein, to sell to the Underwriters an aggregate of [ ] shares of Stock and, at the election of the Underwriters, up to [ ] additional shares of Stock. The
Starent Networks, Corp. Common Stock (Par Value $0.001 Per Share) Underwriting AgreementStarent Networks, Corp. • October 25th, 2007 • Radio & tv broadcasting & communications equipment • New York
Starent Networks, Corp., a Delaware corporation (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") an aggregate of [ ] shares and, at the election of the Underwriters, up to [ ] additional shares of common stock, par value $0.001 per share ("Stock") of the Company, and stockholders of the Company named in Schedule II attached hereto (the "Selling Stockholders"), propose, subject to the terms and conditions stated herein, to sell to the Underwriters an aggregate of [ ] shares of Stock. The aggregate of [ ] shares to be sold by the Company and the Selling Stockholders are herein called the "Firm Shares" and the [ ] additional shares that may be sold by the Company are herein called the "Optional Shares." The Firm Shares and the Optional Shares that the Underwriters elect to purchase pursuant to Section 3 hereof being collectively called the "Shares." Goldman, Sachs & Co. and L
Underwriting AgreementCache Inc • November 14th, 2006 • Retail-women's clothing stores • New York
Subject to the terms and conditions stated herein, (i) Cache, Inc., a Florida corporation (“Company”), proposes to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of 200,000 shares of common stock, par value $0.01 per share (“Common Stock”) of the Company, and (ii) certain stockholders of the Company named in Schedule II hereto (the “Selling Stockholders”) severally propose to sell to the Underwriters an aggregate of 1,675,000 shares of Common Stock, with each Selling Stockholder selling the number of shares set forth opposite such Selling Stockholder’s name in the column “Total Number of Firm Shares to be Sold” in Schedule II hereto (the shares referred to in clauses (i) and (ii) collectively, “Firm Shares”). At the election of the Underwriters, the Company proposes to issue and sell, and certain Selling Stockholders propose to sell, subject to the terms and conditions stated herein, to the Underwriters up to 281,250 additional shares of
