FIFTH AMENDED AND RESTATED INVENTORY FINANCING AGREEMENTInventory Financing Agreement • January 6th, 2020 • OneWater Marine Inc. • Retail-auto & home supply stores • Illinois
This Fifth Amended and Restated Inventory Financing Agreement (as from time to time amended, restated, amended and restated, supplemented or otherwise modified, and together with any Transaction Statements, as hereinafter defined, this “Agreement”), dated as of November 26, 2019, is among the persons listed in the section of this Agreement entitled “List of Dealers” (each, individually, a “Dealer” and collectively, the “Dealers”), Wells Fargo Commercial Distribution Finance, LLC (in its individual capacity, “CDF”) as Agent (CDF, in such capacity as agent, is herein referred to as “Agent”) for the several financial institutions that may from time to time become party to this Agreement (collectively, the “Lenders” and individually each a “Lender”) and for itself as a Lender, and such Lenders.
Underwriting AgreementUnderwriting Agreement • January 6th, 2020 • OneWater Marine Inc. • Retail-auto & home supply stores • New York
OneWater Marine 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 Raymond James & Associates, Inc. (“Raymond James”), Robert W. Baird & Co. Incorporated and SunTrust Robinson Humphrey, Inc. are acting as representatives (the “Representatives”), an aggregate of [●] shares of Class A common stock, par value $0.01 per share (“Class A Common Stock”), of the Company (the “Firm Shares”) and, at the election of the Underwriters, up to [●] additional shares of Class A Common 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.”
