Dealer] [Dealer Address] [Dealer Address]Call Option Transaction • November 5th, 2024 • Applied Digital Corp. • Services-computer processing & data preparation • New York
Contract Type FiledNovember 5th, 2024 Company Industry JurisdictionThe purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the call option transaction entered into between [__________] (“Dealer”) and Applied Digital Corporation (“Counterparty”) as of the Trade Date specified below (the “Transaction”). This letter agreement constitutes a “Confirmation” as referred to in the ISDA Master Agreement specified below. This Confirmation shall replace any previous agreements and serve as the final documentation for the Transaction.
DEALER]1Call Option Transaction • August 13th, 2024 • Ani Pharmaceuticals Inc • Pharmaceutical preparations
Contract Type FiledAugust 13th, 2024 Company IndustryThe purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the call option transaction entered into between [DEALER] (“Dealer”) and ANI Pharmaceuticals, Inc. (“Counterparty”) as of the Trade Date specified below (the “Transaction”). This letter agreement constitutes a “Confirmation” as referred to in the ISDA Master Agreement specified below. Each party further agrees that this Confirmation together with the Agreement evidence a complete binding agreement between Counterparty and Dealer as to the subject matter and terms of the Transaction to which this Confirmation relates, and shall supersede all prior or contemporaneous written or oral communications with respect thereto.
Dealer name and address]Call Option Transaction • March 1st, 2024 • Progress Software Corp /Ma • Services-prepackaged software
Contract Type FiledMarch 1st, 2024 Company IndustryThe purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the call option transaction entered into between [___________] (“Dealer”) and Progress Software Corporation (“Counterparty”) as of the Trade Date specified below (the “Transaction”). This letter agreement constitutes a “Confirmation” as referred to in the ISDA Master Agreement specified below. Each party further agrees that this Confirmation together with the Agreement evidence a complete binding agreement between Counterparty and Dealer as to the subject matter and terms of the Transaction to which this Confirmation relates, and shall supersede all prior or contemporaneous written or oral communications with respect thereto.
Dealer Contact Information]Call Option Transaction • February 23rd, 2024 • Global Payments Inc • Services-business services, nec
Contract Type FiledFebruary 23rd, 2024 Company IndustryThe definitions and provisions contained in the 2002 ISDA Equity Derivatives Definitions (the “Equity Definitions”), as published by the International Swaps and Derivatives Association, Inc. (“ISDA”) are incorporated into this Confirmation. In the event of any inconsistency between the Equity Definitions and this Confirmation, this Confirmation shall govern, except that with respect to the standards of Section 1.40 of the Equity Definitions, as expressly modified by Section 4 below, the Equity Definitions shall govern. Certain defined terms used herein are based on terms that are defined in the Offering Memorandum dated February [_], 2024 (the “Offering Memorandum”) relating to the [__]% Convertible Senior Notes due 2031 (as originally issued by Counterparty, the “Convertible Notes” and each USD 1,000 principal amount of Convertible Notes, a “Convertible Note”) issued by Counterparty in an aggregate initial principal amount of USD [1,750,000,000] (as increased by [up to] an aggregate p
The purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the call option transaction entered into between [DEALER] (“Dealer”) and Uber Technologies, Inc. (“Counterparty”) as of the Trade Date specified below...Call Option Transaction • November 24th, 2023 • Uber Technologies, Inc • Services-business services, nec
Contract Type FiledNovember 24th, 2023 Company IndustryThe definitions and provisions contained in the 2002 ISDA Equity Derivatives Definitions (the “Equity Definitions”), as published by the International Swaps and Derivatives Association, Inc. (“ISDA”) are incorporated into this Confirmation. In the event of any inconsistency between the Equity Definitions and this Confirmation, this Confirmation shall govern, except that with respect to the standards of Section 1.40 of the Equity Definitions, as expressly modified by Section 4 below, the Equity Definitions shall govern. Certain defined terms used herein are based on terms that are defined in the Offering Memorandum dated November 20, 2023 (the “Offering Memorandum”) relating to the 0.875% Convertible Senior Notes due 2028 (as originally issued by Counterparty, the “Convertible Notes” and each USD 1,000 principal amount of Convertible Notes, a “Convertible Note”) issued by Counterparty in an aggregate initial principal amount of USD 1,500,000,000 (as increased by [up to]2 an aggregate pr
The purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the call option transaction entered into between [DEALER] (“Dealer”) and Vishay Intertechnology, Inc. (“Counterparty”) as of the Trade Date specified...Call Option Transaction • September 12th, 2023 • Vishay Intertechnology Inc • Electronic components & accessories
Contract Type FiledSeptember 12th, 2023 Company IndustryThe definitions and provisions contained in the 2002 ISDA Equity Derivatives Definitions (the “Equity Definitions”), as published by the International Swaps and Derivatives Association, Inc. (“ISDA”) are incorporated into this Confirmation. In the event of any inconsistency between the Equity Definitions and this Confirmation, this Confirmation shall govern. Certain defined terms used herein are based on terms that are defined in the Offering Memorandum dated September 7, 2023 (the “Offering Memorandum”) relating to the 2.25% Convertible Senior Notes due 2030 (as originally issued by Counterparty, the “Convertible Notes” and each USD 1,000 principal amount of Convertible Notes, a “Convertible Note”) issued by Counterparty in an aggregate initial principal amount of USD 650,000,000 (as increased by an aggregate principal amount of USD 100,000,000 pursuant to the exercise by the Initial Purchasers (as defined below) of their option to purchase additional Convertible Notes pursuant to the
DEALER]Call Option Transaction • June 13th, 2023 • Bread Financial Holdings, Inc. • Services-business services, nec
Contract Type FiledJune 13th, 2023 Company IndustryThe purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the call option transaction entered into between [DEALER] (“Dealer”) and Bread Financial Holdings, Inc. (“Counterparty”) as of the Trade Date specified below (the “Transaction”). This letter agreement constitutes a “Confirmation” as referred to in the ISDA Master Agreement specified below. Each party further agrees that this Confirmation together with such ISDA Master Agreement evidence a complete binding agreement between Counterparty and Dealer as to the subject matter and terms of the Transaction to which this Confirmation relates, and shall supersede all prior or contemporaneous written or oral communications with respect thereto.
ContractCall Option Transaction • May 11th, 2023 • Granite Construction Inc • Heavy construction other than bldg const - contractors
Contract Type FiledMay 11th, 2023 Company IndustryTo: Granite Construction Incorporated 585 West Beach Street Watsonville, California 95706 Attention: Telephone No.: Facsimile No.:
Dealer’s name] [Dealer’s address]Call Option Transaction • February 6th, 2023 • Integer Holdings Corp • Electromedical & electrotherapeutic apparatus
Contract Type FiledFebruary 6th, 2023 Company IndustryThe definitions and provisions contained in the 2002 ISDA Equity Derivatives Definitions (the “Equity Definitions”), as published by the International Swaps and Derivatives Association, Inc. (“ISDA”) are incorporated into this Confirmation. In the event of any inconsistency between the Equity Definitions and this Confirmation, this Confirmation shall govern. Certain defined terms used herein are based on terms that are defined in the Offering Memorandum dated January 30, 2023 (the “Offering Memorandum”) relating to the 2.125% Convertible Senior Notes due 2028 (as originally issued by Counterparty, the “Convertible Notes” and each USD 1,000 principal amount of Convertible Notes, a “Convertible Note”) issued by Counterparty in an aggregate initial principal amount of USD 435,000,000 (as increased by an aggregate principal amount of USD 65,000,000 pursuant to the exercise by the Initial Purchasers (as defined below) of their option to purchase additional Convertible Notes pursuant to the
Dealer Name] [Dealer Address]Call Option Transaction • December 12th, 2022 • Uniti Group Inc. • Real estate investment trusts
Contract Type FiledDecember 12th, 2022 Company IndustryThe purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the call option transaction entered into between [Dealer Name] (“Dealer”) and Uniti Group Inc. (“Counterparty”) as of the Trade Date specified below (the “Transaction”). This letter agreement constitutes a “Confirmation” as referred to in the ISDA Master Agreement specified below. Each party further agrees that this Confirmation together with the Agreement evidence a complete binding agreement between Counterparty and Dealer as to the subject matter and terms of the Transaction to which this Confirmation relates and shall supersede all prior or contemporaneous written or oral communications with respect thereto.
The purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the call option transaction entered into between [Dealer] (“Dealer”) and Cracker Barrel Old Country Store, Inc. (“Counterparty”) as of the Trade Date...Call Option Transaction • June 21st, 2021 • Cracker Barrel Old Country Store, Inc • Retail-eating places
Contract Type FiledJune 21st, 2021 Company IndustryThis letter agreement constitutes a “Confirmation” as referred to in the ISDA Master Agreement specified below. Each party further agrees that this Confirmation together with the Agreement evidence a complete binding agreement between Counterparty and Dealer as to the subject matter and terms of the Transaction to which this Confirmation relates, and shall supersede all prior or contemporaneous written or oral communications with respect thereto.
Dealer Address]Call Option Transaction • June 3rd, 2021 • Realogy Group LLC • Real estate agents & managers (for others)
Contract Type FiledJune 3rd, 2021 Company IndustryThe purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the call option transaction entered into between [•] (“Dealer”) and Realogy Group LLC (“Counterparty”) as of the Trade Date specified below (the “Transaction”). This letter agreement constitutes a “Confirmation” as referred to in the ISDA Master Agreement specified below. Each party further agrees that this Confirmation together with the Agreement evidence a complete binding agreement between Counterparty and Dealer as to the subject matter and terms of the Transaction to which this Confirmation relates, and shall supersede all prior or contemporaneous written or oral communications with respect thereto.
Dealer]Call Option Transaction • May 20th, 2020 • PetIQ, Inc. • Wholesale-drugs, proprietaries & druggists' sundries
Contract Type FiledMay 20th, 2020 Company IndustryThe purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the call option transaction entered into between (“Dealer”) and PetIQ, Inc. (“Counterparty”) as of the Trade Date specified below (the “Transaction”). This letter agreement constitutes a “Confirmation” as referred to in the ISDA Master Agreement specified below. Each party further agrees that this Confirmation together with the Agreement evidence a complete binding agreement between Counterparty and Dealer as to the subject matter and terms of the Transaction to which this Confirmation relates, and shall supersede all prior or contemporaneous written or oral communications with respect thereto.
Insert Dealer Name] [Insert Dealer Address]Call Option Transaction • April 27th, 2020 • INPHI Corp • Semiconductors & related devices
Contract Type FiledApril 27th, 2020 Company IndustryThe purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the call option transaction entered into between [_____] (“Dealer”) and Inphi Corporation (“Counterparty”) as of the Trade Date specified below (the “Transaction”). This letter agreement constitutes a “Confirmation” as referred to in the ISDA Master Agreement specified below. This Confirmation shall replace any previous agreements and serve as the final documentation for the Transaction.
JPMorgan Chase Bank, National Association New York BranchCall Option Transaction • August 13th, 2019 • Ironwood Pharmaceuticals Inc • Pharmaceutical preparations
Contract Type FiledAugust 13th, 2019 Company IndustryTo: Ironwood Pharmaceuticals, Inc. 301 Binney Street Cambridge, Massachusetts, 02142 Attention: General Counsel Telephone No.: (617) 621-7722 Facsimile No.: (617) 588-0623
JPMorgan Chase Bank, National Association New York BranchCall Option Transaction • August 13th, 2019 • Ironwood Pharmaceuticals Inc • Pharmaceutical preparations
Contract Type FiledAugust 13th, 2019 Company IndustryTo: Ironwood Pharmaceuticals, Inc. 301 Binney Street Cambridge, Massachusetts, 02142 Attention: General Counsel Telephone No.: (617) 621-7722 Facsimile No.: (617) 588-0623
Credit Suisse Capital LLC c/o Credit Suisse Securities (USA) LLC New York, NY 10010Call Option Transaction • August 13th, 2019 • Ironwood Pharmaceuticals Inc • Pharmaceutical preparations
Contract Type FiledAugust 13th, 2019 Company IndustryThe purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the call option transaction entered into between Credit Suisse Capital LLC (“Dealer”), represented by Credit Suisse Securities (USA) LLC (“Agent”) and Ironwood Pharmaceuticals, Inc. (“Counterparty”) as of the Trade Date specified below (the “Transaction”). This letter agreement constitutes a “Confirmation” as referred to in the ISDA Master Agreement specified below. This Confirmation shall replace any previous agreements with respect to the Transaction and serve as the final documentation for the Transaction.
JPMorgan Chase Bank, National Association New York Branch New York, NY 10179Call Option Transaction • August 13th, 2019 • Ironwood Pharmaceuticals Inc • Pharmaceutical preparations
Contract Type FiledAugust 13th, 2019 Company IndustryThe purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the call option transaction entered into between JPMorgan Chase Bank, National Association (“Dealer”) and Ironwood Pharmaceuticals, Inc. (“Counterparty”) as of the Trade Date specified below (the “Transaction”). This letter agreement constitutes a “Confirmation” as referred to in the ISDA Master Agreement specified below. This Confirmation shall replace any previous agreements with respect to the Transaction and serve as the final documentation for the Transaction.
JPMorgan Chase Bank, National Association New York Branch New York, NY 10179Call Option Transaction • August 13th, 2019 • Ironwood Pharmaceuticals Inc • Pharmaceutical preparations
Contract Type FiledAugust 13th, 2019 Company IndustryThe purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the call option transaction entered into between JPMorgan Chase Bank, National Association (“Dealer”) and Ironwood Pharmaceuticals, Inc. (“Counterparty”) as of the Trade Date specified below (the “Transaction”). This letter agreement constitutes a “Confirmation” as referred to in the ISDA Master Agreement specified below. This Confirmation shall replace any previous agreements with respect to the Transaction and serve as the final documentation for the Transaction.
Credit Suisse Capital LLC c/o Credit Suisse Securities (USA) LLC New York, NY 10010Call Option Transaction • August 13th, 2019 • Ironwood Pharmaceuticals Inc • Pharmaceutical preparations
Contract Type FiledAugust 13th, 2019 Company IndustryThe purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the call option transaction entered into between Credit Suisse Capital LLC (“Dealer”), represented by Credit Suisse Securities (USA) LLC (“Agent”) and Ironwood Pharmaceuticals, Inc. (“Counterparty”) as of the Trade Date specified below (the “Transaction”). This letter agreement constitutes a “Confirmation” as referred to in the ISDA Master Agreement specified below. This Confirmation shall replace any previous agreements with respect to the Transaction and serve as the final documentation for the Transaction.
Morgan Stanley & Co. LLCCall Option Transaction • February 29th, 2016 • Novavax Inc • Biological products, (no disgnostic substances) • New York
Contract Type FiledFebruary 29th, 2016 Company Industry JurisdictionThe purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the call option transaction entered into between Morgan Stanley & Co. LLC (“Dealer”) and Novavax, Inc. (“Counterparty”) as of the Trade Date specified below (the “Transaction”). This letter agreement constitutes a “Confirmation” as referred to in the ISDA Master Agreement specified below. This Confirmation shall replace any previous agreements and serve as the final documentation for the Transaction.
JPMorgan Chase Bank, National Association London Branch Canary Wharf London E14 5JP EnglandCall Option Transaction • November 23rd, 2015 • Aceto Corp • Wholesale-drugs, proprietaries & druggists' sundries • New York
Contract Type FiledNovember 23rd, 2015 Company Industry JurisdictionThe purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the call option transaction entered into between JPMorgan Chase Bank, National Association, London Branch (“Dealer”) and Aceto Corporation (“Counterparty”) as of the Trade Date specified below (the “Transaction”). This letter agreement constitutes a “Confirmation” as referred to in the ISDA Master Agreement specified below. This Confirmation shall replace any previous agreements and serve as the final documentation for the Transaction.
Jefferies International Limited c/o Jefferies LLC, as agent [_______]Call Option Transaction • June 30th, 2015 • CalAmp Corp. • Radio & tv broadcasting & communications equipment • New York
Contract Type FiledJune 30th, 2015 Company Industry JurisdictionThe purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the call option transaction entered into between Jefferies International Limited (“Dealer”) and CalAmp Corp. (“Counterparty”) as of the Trade Date specified below (the “Transaction”). This letter agreement constitutes a “Confirmation” as referred to in the ISDA Master Agreement specified below. This Confirmation shall replace any previous agreements and serve as the final documentation for the Transaction.
To: The KEYW Holding CorporationCall Option Transaction • August 15th, 2014 • Keyw Holding Corp • Services-computer integrated systems design • New York
Contract Type FiledAugust 15th, 2014 Company Industry JurisdictionThe purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the call option transaction entered into between Royal Bank of Canada (“Dealer”) and The KEYW Holding Corporation (“Counterparty”) as of the Trade Date specified below (the “Transaction”). This letter agreement constitutes a “Confirmation” as referred to in the ISDA Master Agreement specified below. This Confirmation shall replace any previous agreements and serve as the final documentation for the Transaction.