Forward Stock Purchase Transaction Sample Contracts

From: Morgan Stanley & Co. LLC 1585 Broadway, 5th Floor New York, NY 10036 To: Esperion Therapeutics, Inc. 3891 Ranchero Drive, Suite 150 Ann Arbor, MI 48108 Re: Forward Stock Purchase Transaction
Forward Stock Purchase Transaction • November 16th, 2020 • Esperion Therapeutics, Inc. • Pharmaceutical preparations • New York

The purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the transaction entered into between Morgan Stanley & Co. LLC (“Dealer”) and Esperion Therapeutics, Inc. (“Issuer” or “Counterparty”) on the Trade Date specified below (the “Transaction”). This letter agreement constitutes a “Confirmation” as referred to in the ISDA Master Agreement specified below. This Confirmation shall replace any previous agreements and serve as the final documentation for the Transaction.

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Re: Forward Stock Purchase Transaction
Forward Stock Purchase Transaction • March 28th, 2018 • Accelerate Diagnostics, Inc • Laboratory analytical instruments • New York

The purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the transaction entered into between JPMorgan Chase Bank, National Association, London Branch (“JPMorgan”) and Accelerate Diagnostics, Inc. (“Counterparty”) on the Trade Date specified below (the “Transaction”). This letter agreement constitutes a “Confirmation” as referred to in the ISDA Master Agreement specified below. This Confirmation shall replace any previous agreements and serve as the final documentation for the Transaction.

Re: Forward Stock Purchase Transaction
Forward Stock Purchase Transaction • March 28th, 2018 • Plug Power Inc • Electrical industrial apparatus • New York

The purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the transaction entered into between Morgan Stanley & Co. LLC (“Dealer”) and Plug Power Inc. (“Issuer” or “Counterparty”) on the Trade Date specified below (the “Transaction”). This letter agreement constitutes a “Confirmation” as referred to in the ISDA Master Agreement specified below. This Confirmation shall replace any previous agreements and serve as the final documentation for the Transaction.

Contract
Forward Stock Purchase Transaction • November 5th, 2024 • Applied Digital Corp. • Services-computer processing & data preparation • New York

To: Applied Digital Corporation 3811 Turtle Creek Blvd., Suite 2100 Dallas, Texas 75219 Attention: Saidal Mohmand Email: saidal@applieddigital.com

April 6, 2017
Forward Stock Purchase Transaction • April 7th, 2017 • GoPro, Inc. • Photographic equipment & supplies • New York

The purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the transaction entered into between JPMorgan Chase Bank, National Association, London Branch (“JPMorgan”) and GoPro, Inc. (“Counterparty”) on the Trade Date specified below (the “Transaction”). This letter agreement constitutes a “Confirmation” as referred to in the ISDA Master Agreement specified below. This Confirmation shall replace any previous agreements and serve as the final documentation for the Transaction.

To: Gogo Inc. Chicago, IL 60606 Attn: Sam Chong, Treasurer Telephone No.: (312) 571-5000 Facsimile No.: (312) 575-0543 Re: Forward Stock Purchase Transaction
Forward Stock Purchase Transaction • December 12th, 2019 • Gogo Inc. • Communications services, nec • New York

The purpose of this letter agreement (this “Confirmation”) is to set forth the terms and conditions of the transaction entered into between JPMorgan Chase Bank, National Association (“Dealer”) and Gogo Inc. (“Counterparty”) on the Trade Date specified below (the “Transaction”), as amended and restated hereby as of December 11, 2019 (the “Amendment Date”). This letter agreement constitutes a “Confirmation” as referred to in the ISDA Master Agreement specified below. This Confirmation shall replace any previous agreements and serve as the final documentation for the Transaction.

May 27, 2009
Forward Stock Purchase Transaction • June 2nd, 2009 • Alliance Data Systems Corp • Services-business services, nec • New York

The purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the Transaction entered into between [Dealer] (“Dealer”) and Alliance Data Systems Corporation (“Counterparty”) on the Trade Date specified below (the “Transaction”). This Confirmation constitutes a “Confirmation” as referred to in the ISDA Master Agreement specified below.

AMENDMENT TO FORWARD STOCK PURCHASE TRANSACTION
Forward Stock Purchase Transaction • May 19th, 2020 • Plug Power Inc • Electrical industrial apparatus

We refer to the letter agreement Re: Confirmation: Forward Stock Purchase Transaction (the Confirmation”) dated March 22, 2018, between Morgan Stanley & Co. LLC (“Dealer”) and Plug Power Inc., a Delaware corporation (“Counterparty”). Any defined term used and not defined herein shall have the meaning set forth in the Confirmation or the Definitions (as defined in the Confirmation) incorporated therein.

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