INVESTOR RIGHTS AGREEMENT BY AND AMONG MKS INSTRUMENTS, INC. AND THE CARLYLE STOCKHOLDERS AUGUST 17, 2022Investor Rights Agreement • August 17th, 2022 • MKS Instruments Inc • Industrial instruments for measurement, display, and control • Delaware
This Investor Rights Agreement (this “Agreement”) is made as of August 17, 2022 by and among MKS Instruments, Inc., a Massachusetts corporation (the “Company”), Carlyle Partners VI Cayman Holdings, L.P. (“CP VI”), CEP IV Participations, S.à r.l. SICAR, a Luxembourg private limited liability company (société à responsabilité limitée) qualifying as an investment company in risk capital (société d’investissement en capital à risque), having its registered office at 2, avenue Charles de Gaulle, 4th floor, L-1653 Luxembourg, Grand Duchy of Luxembourg, registered with the Luxembourg Trade and Companies Register under number B185226 (“CEP IV”), and Gamma Holding Company Limited (“Gamma” and together with CP VI, CEP IV and any Permitted Transferees of any of the foregoing that becomes a party to this Agreement by execution of a joinder agreement substantially in the form of Exhibit A (a “Joinder Agreement”), collectively the “Carlyle Stockholders”).
