0001193125-23-160751 Sample Contracts

MKS INSTRUMENTS, INC. 2,000,000 Shares of Common Stock Underwriting Agreement
Underwriting Agreement • June 5th, 2023 • MKS Instruments Inc • Industrial instruments for measurement, display, and control • New York

The selling stockholders named in Schedule 2 hereto (the “Selling Stockholders”), each a stockholder of MKS Instruments, Inc., a Massachusetts corporation (the “Company”), propose to sell to the several Underwriters listed in Schedule 1 hereto (the “Underwriters”), for whom you are acting as representatives (the “Representatives”), an aggregate of 2,000,000 shares of common stock, with no par value, of the Company (collectively, the “Shares”). The outstanding shares of common stock of the Company are referred to herein as the “Common Stock”. To the extent there are no additional Underwriters listed on Schedule 1 other than you, the term “Representatives” as used herein shall mean you, as Underwriter, and the terms Representatives and Underwriters shall mean either the singular or plural as the context requires.

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