MKS INSTRUMENTS, INC. AND U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, as Trustee INDENTURE Dated as of May 16, 2024 1.25% Convertible Senior Notes due 2030Indenture • May 16th, 2024 • MKS Instruments Inc • Industrial instruments for measurement, display, and control • New York
INDENTURE, dated as of May 16, 2024, between MKS INSTRUMENTS, INC., a Massachusetts corporation, as issuer (the “Company”, as more fully set forth in Section 1.01) and U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States of America, as trustee (the “Trustee”, as more fully set forth in Section 1.01).
Dealer name and address]Call Option Transaction • May 16th, 2024 • MKS Instruments Inc • Industrial instruments for measurement, display, and control
The purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the call option transaction entered into between [Dealer] (“Dealer”) and MKS Instruments, Inc. (“Counterparty”) as of the Trade Date specified below (the “Transaction”). This letter agreement constitutes a “Confirmation” as referred to in the ISDA Master Agreement specified below. Each party further agrees that this Confirmation together with the Agreement evidence a complete binding agreement between Counterparty and Dealer as to the subject matter and terms of the Transaction to which this Confirmation relates, and shall supersede all prior or contemporaneous written or oral communications with respect thereto.
