ADVANCED ENERGY INDUSTRIES, INC. AND U.S. Bank Trust Company, National Association, as Trustee INDENTURE Dated as of September 12, 2023 2.50% Convertible Senior Notes due 2028Indenture • September 13th, 2023 • Advanced Energy Industries Inc • Electronic components, nec • New York
INDENTURE dated as of September 12, 2023 between ADVANCED ENERGY INDUSTRIES, INC., a Delaware 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, as trustee (the “Trustee,” as more fully set forth in Section 1.01).
Certain personally identifiable information has been omitted from this exhibit in places marked “[***]” pursuant to Item 601(a)(6) under Regulation S-K.Advanced Energy Industries Inc • September 13th, 2023 • Electronic components, nec
The definitions and provisions contained in the 2002 ISDA Equity Derivatives Definitions (the “Equity Definitions”), as published by the International Swaps and Derivatives Association, Inc. (“ISDA”) are incorporated into this Confirmation. In the event of any inconsistency between the Equity Definitions and this Confirmation, this Confirmation shall govern. Certain defined terms used herein are based on terms that are defined in the Offering Memorandum dated September [__], 2023 (the “Offering Memorandum”) relating to the Convertible Senior Notes due 2028 (as originally issued by Counterparty, the “Convertible Notes” and each USD 1,000 principal amount of Convertible Notes, a “Convertible Note”) issued by Counterparty in an aggregate initial principal amount of USD [500,000,000] (as increased by [up to]2 an aggregate principal amount of USD [75,000,000] [if and to the extent that]3[pursuant to the exercise by]4 the Initial Purchasers (as defined below) [exercise]5[of]6 their option to
AMENDMENT NO. 3 TO CREDIT AGREEMENTCredit Agreement • September 13th, 2023 • Advanced Energy Industries Inc • Electronic components, nec • New York
AMENDMENT NO. 3 TO CREDIT AGREEMENT, dated as of September 7, 2023 (this “Amendment”), among ADVANCED ENERGY INDUSTRIES, INC., a Delaware corporation (the “Borrower”), each of the Guarantors party hereto, BANK OF AMERICA, N.A., as Administrative Agent (in such capacity and including any permitted successor or assign, the “Administrative Agent”), and the Lenders party hereto.
Certain personally identifiable information has been omitted from this exhibit in places marked “[***]” pursuant to Item 601(a)(6) under Regulation S-K.Advanced Energy Industries Inc • September 13th, 2023 • Electronic components, nec
The purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the Warrants issued by Advanced Energy Industries, Inc. (“Company”) to [Dealer’s name] (“Dealer”) 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 Company 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.
