FOX FACTORY HOLDING CORP. (A Delaware corporation) 2,400,000 Shares of Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • June 22nd, 2020 • Fox Factory Holding Corp • Motorcycles, bicycles & parts • New York
Fox Factory Holding Corp., a Delaware corporation (the “Company”) confirms its agreements with BofA Securities, Inc. (“BofA”) and each of the other Underwriters named in Schedule A hereto (collectively, the “Underwriters,” which term shall also include any underwriter substituted as hereinafter provided in Section 10 hereof), for whom BofA is acting as representative (in such capacity, the “Representative”), with respect to (i) the sale by the Company, and the purchase by the Underwriters, acting severally and not jointly, of the respective numbers of shares of Common Stock, par value $0.001 per share, of the Company (“Common Stock”) set forth in Schedules A and B hereto and (ii) the grant by the Company to the Underwriters, acting severally and not jointly, of the option described in Section 2(b) hereof to purchase all or any part of 2,400,000 additional shares of Common Stock. The aforesaid 2,400,000 shares of Common Stock (the “Initial Securities”) to be purchased by the Underwriter
FIRST AMENDMENTFox Factory Holding Corp • June 22nd, 2020 • Motorcycles, bicycles & parts • Indiana
THIS FIRST AMENDMENT (this “Amendment”) dated as of June 19, 2020 to the Credit Agreement referenced below is by and among FOX FACTORY HOLDING CORP., a Delaware corporation (the “Borrower”), the Guarantors identified on the signature pages hereto, the Lenders identified on the signature pages hereto and BANK OF AMERICA, N.A., as Administrative Agent (in such capacity, the “Administrative Agent”).
