● ] shares of Common Stock LATHAM GROUP, INC. UNDERWRITING AGREEMENTUnderwriting Agreement • April 14th, 2021 • Latham Group, Inc. • Plastics products, nec • New York
Latham Group, Inc., a Delaware corporation (the “Company”), proposes to sell [ ● ] shares (the “Firm Stock”) of the Company’s common stock, par value $[ ● ] per share (the “Common Stock”). In addition, the Company proposes to grant to the underwriters named in Schedule I (the “Underwriters”) attached to this agreement (this “Agreement”) an option to purchase up to an aggregate of [ ● ] additional shares of the Common Stock on the terms set forth in Section 2 (the “Option Stock”). The Firm Stock and the Option Stock, if purchased, are hereinafter collectively called the “Stock”. This Agreement is to confirm the agreement concerning the purchase of the Stock from the Company by the Underwriters.
INDEMNIFICATION AGREEMENT by and between LATHAM GROUP, INC. and as IndemniteeIndemnification Agreement • April 14th, 2021 • Latham Group, Inc. • Plastics products, nec • Delaware
Indemnification Agreement, dated effective as of [●], 2021 (this “Agreement”), by and between Latham Group, Inc., a Delaware corporation (the “Company”), and [•] (“Indemnitee”). Capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in Article 1.
CREDIT AND GUARANTY AGREEMENT dated as of December 18, 2018 among LATHAM PURCHASER, INC., as the Borrower prior to the consummation of the Acquisition, LATHAM POOL PRODUCTS, INC., as the Borrower immediately upon the consummation of the Acquisition,...Credit and Guaranty Agreement • April 14th, 2021 • Latham Group, Inc. • Plastics products, nec • New York
This CREDIT AND GUARANTY AGREEMENT, dated as of December 18, 2018, by and among LATHAM PURCHASER, INC., a Delaware corporation (“Purchaser” and, prior to the consummation of the Acquisition (as defined below), the “Borrower”), LATHAM POOL PRODUCTS, INC., a Delaware corporation (“LPP” and, immediately upon consummation of the Acquisition, the “Borrower”), LATHAM INTERNATIONAL MANUFACTURING CORP., a Delaware corporation (“Holdings”), each other subsidiary of Holdings from time to time party hereto, each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), the other L/C Issuers party hereto from time to time and NOMURA CORPORATE FUNDING AMERICAS, LLC (acting through one or more sub-agents or designees), as Administrative Agent and an L/C Issuer.
THIRD INCREMENTAL FACILITY AMENDMENTThird Incremental Facility Amendment • April 14th, 2021 • Latham Group, Inc. • Plastics products, nec • New York
THIRD INCREMENTAL FACILITY AMENDMENT, dated as of January 25, 2021 (this “Amendment”), by and among LATHAM POOL PRODUCTS, INC., a Delaware corporation (the “Borrower”), LATHAM INTERNATIONAL MANUFACTURING CORP., a Delaware corporation (“Holdings”), the Subsidiary Guarantors party hereto, the Third Amendment Incremental Term Loan Lenders (as defined below), each lender party hereto as a consenting lender (collectively, the “Consenting Lenders”) and NOMURA CORPORATE FUNDING AMERICAS, LLC, as administrative agent (acting through one or more sub-agents or designees, in such capacity, the “Administrative Agent”).
FIRST INCREMENTAL FACILITY AMENDMENTFirst Incremental Facility Amendment • April 14th, 2021 • Latham Group, Inc. • Plastics products, nec • New York
FIRST INCREMENTAL FACILITY AMENDMENT, dated as of May 29, 2019 (this “Amendment”), by and among LATHAM POOL PRODUCTS, INC., a Delaware corporation (the “Borrower”), LATHAM INTERNATIONAL MANUFACTURING CORP., a Delaware corporation (“Holdings”), the First Amendment Incremental Term Loan Lenders (as defined below), and NOMURA CORPORATE FUNDING AMERICAS, LLC, as administrative agent (acting through one or more sub-agents or designees, in such capacity, the “Administrative Agent”).
SECOND INCREMENTAL FACILITY AMENDMENTSecond Incremental Facility Amendment • April 14th, 2021 • Latham Group, Inc. • Plastics products, nec • New York
SECOND INCREMENTAL FACILITY AMENDMENT, dated as of October 14, 2020 (this “Amendment”), by and among LATHAM POOL PRODUCTS, INC., a Delaware corporation (the “Borrower”), LATHAM INTERNATIONAL MANUFACTURING CORP., a Delaware corporation (“Holdings”), the Subsidiary Guarantors party hereto, the Second Amendment Incremental Term Loan Lender (as defined below), and NOMURA CORPORATE FUNDING AMERICAS, LLC, as administrative agent (acting through one or more sub-agents or designees, in such capacity, the “Administrative Agent”).
