5.50% Convertible Senior Notes due 2022Indenture • September 26th, 2017 • Maxwell Technologies Inc • Miscellaneous electrical machinery, equipment & supplies • New York
INDENTURE dated as of September 25, 2017 between MAXWELL TECHNOLOGIES, INC., a Delaware corporation, as issuer (the “Company,” as more fully set forth in Section 1.01) and WILMINGTON TRUST, NATIONAL ASSOCIATION, a national banking association, as trustee (the “Trustee,” as more fully set forth in Section 1.01).
40,000,000 MAXWELL TECHNOLOGIES, INC. 5.50% CONVERTIBLE SENIOR NOTES DUE 2022 PURCHASE AGREEMENTPurchase Agreement • September 26th, 2017 • Maxwell Technologies Inc • Miscellaneous electrical machinery, equipment & supplies • New York
Maxwell Technologies, Inc., a Delaware corporation (the “Company”), proposes, upon the terms and conditions set forth in this agreement (this “Agreement”), to issue and sell to you, as the initial purchaser (the “Initial Purchaser”), $40,000,000 in aggregate principal amount of its 5.50% Convertible Senior Notes due 2022 (the “Firm Notes”). The Firm Notes will (i) have terms and provisions that are summarized in the Offering Memorandum (as defined herein), and (ii) are to be issued pursuant to an Indenture (the “Indenture”) to be entered into between the Company and Wilmington Trust Company, N.A., as trustee (the “Trustee”). The Company also proposes to issue and sell to the Initial Purchaser, not more than an additional $6,000,000 of its 5.50% Convertible Senior Notes due 2022 (the “Additional Notes”) if and to the extent that the Initial Purchaser shall have determined to exercise the right to purchase such 5.50% Convertible Senior Notes due 2022 granted to the Initial Purchaser in S
