Common Contracts

2 similar Distribution Agreement contracts by Carvana Co.

AMENDED AND RESTATED DISTRIBUTION AGREEMENT
Distribution Agreement • July 31st, 2024 • Carvana Co. • Retail-auto dealers & gasoline stations • New York
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DISTRIBUTION AGREEMENT
Distribution Agreement • July 19th, 2023 • Carvana Co. • Retail-auto dealers & gasoline stations • New York

Carvana Co., a Delaware corporation (the “Company”) confirms its agreement with Citigroup Global Markets Inc. (“Citigroup”) and Moelis & Company LLC (“Moelis”), as agents and/or principals, under any Terms Agreement (as defined in Section 1(a) below) (“you” or the “Agents”), with respect to the issuance and sale from time to time by the Company, in the manner and subject to the terms and conditions described below in this Distribution Agreement (this “Agreement”), of up to the greater of (i) shares of Class A Common Stock, $0.001 par value per share (the “Class A Common Stock”) representing an aggregate offering price of up to $1,000,000,000 (the “Maximum Amount”), or (ii) an aggregate number of 35,000,000 shares (the “Maximum Number”) of Class A Common Stock , of the Company, including the issuance of preferred stock purchase rights (the “Rights”) attached to such shares of Class A Common Stock in accordance with the Section 382 Rights Agreement, dated January 16, 2023, between Carvan

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