Trust Indenture Act of 1939 Section Indenture Section ----------------------------------- ----------------- 310 (a) (1) 6.11 (a) (2) 6.11 (a) (3) TIA (a) (4) Not Applicable (a) (5) TIA (b) 6.9; 6.11; TIA 311 (a) TIA (b) TIA 312 (a) 6.7 (b) TIA (c) TIA...Indenture • November 17th, 2003 • Advanced Energy Industries Inc • Electronic components, nec • New York
DRAFT OF SEPTEMBER 17, 1999 ADVANCED ENERGY INDUSTRIES, INC. ___% CONVERTIBLE SUBORDINATED NOTES DUE 2006 UNDERWRITING AGREEMENTUnderwriting Agreement • September 21st, 1999 • Advanced Energy Industries Inc • Electronic components, nec
AGREEMENT AND PLAN OF REORGANIZATION BY AND AMONG ADVANCED ENERGY INDUSTRIES, INC. AE CAL MERGER SUB, INC.Agreement and Plan of Reorganization • May 19th, 2000 • Advanced Energy Industries Inc • Electronic components, nec • California
EXHIBIT 2.1 STOCK PURCHASE AGREEMENT BY AND AMONG ADVANCED ENERGY INDUSTRIES, INC. ADVANCED ENERGY JAPAN K.K. AERA JAPAN LIMITED AND CERTAIN STOCKHOLDERS OF AERA JAPAN LIMITED Dated November 16, 2001 TABLE OF CONTENTSStock Purchase Agreement • January 23rd, 2002 • Advanced Energy Industries Inc • Electronic components, nec
DRAFT OF SEPTEMBER 17, 1999 ADVANCED ENERGY INDUSTRIES, INC. COMMON STOCK, $0.001 PAR VALUE UNDERWRITING AGREEMENT ----------------------Underwriting Agreement • September 21st, 1999 • Advanced Energy Industries Inc • Electronic components, nec
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).
EXHIBIT 10.3Loan Agreement • March 25th, 2002 • Advanced Energy Industries Inc • Electronic components, nec • Tokyo
EMPLOYMENT AGREEMENTEmployment Agreement • March 24th, 1999 • Advanced Energy Industries Inc • Electronic components, nec • New Jersey
AS TRUSTEE INDENTUREAdvanced Energy Industries Inc • March 20th, 2000 • Electronic components, nec • New York
WITNESSETH:License Agreement • March 27th, 2003 • Advanced Energy Industries Inc • Electronic components, nec
EXHIBIT 10.1 LOAN MODIFICATION AGREEMENT This Loan Modification Agreement is entered into as of May 9, 2003, by and between SILICON VALLEY BANK ("Bank"), whose address is 3003 Tasman Drive, Santa Clara, California 95054 with a loan production office...Loan Modification Agreement • August 13th, 2003 • Advanced Energy Industries Inc • Electronic components, nec • Tasman
1 EXHIBIT 4.2 ADVANCED ENERGY INDUSTRIES, INC. 5.00% CONVERTIBLE SUBORDINATED NOTES DUE SEPTEMBER 1, 2006 REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • September 10th, 2001 • Advanced Energy Industries Inc • Electronic components, nec • New York
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
ISSUER, TOIndenture • September 10th, 2001 • Advanced Energy Industries Inc • Electronic components, nec • New York
PRELIMINARY STATEMENTSAdvanced Energy Industries Inc • February 1st, 2002 • Electronic components, nec
CREDIT AGREEMENT by and among WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent, WELLS FARGO BANK, NATIONAL ASSOCIATION, as Sole Lead Arranger and Sole Lead Bookrunner, THE LENDERS THAT ARE PARTIES HERETO as the Lenders, ADVANCED ENERGY...Credit Agreement • October 15th, 2012 • Advanced Energy Industries Inc • Electronic components, nec • New York
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.
EXHIBIT 2.3 STOCK PURCHASE AGREEMENT (Translation) BY AND AMONG ADVANCED ENERGY JAPAN K.K. AND [NAME OF MINORITY STOCKHOLDER] Dated December ___, 2001 TABLE OF CONTENTSStock Purchase Agreement • February 1st, 2002 • Advanced Energy Industries Inc • Electronic components, nec
1 EXHIBIT 99.2 FORM OF VOTING AGREEMENT VOTING AGREEMENT (this "Agreement"), dated as of July 6, 2000, by and among Advanced Energy Industries, Inc., a Delaware corporation ("Parent"), Flow Acquisition Corporation, a Colorado corporation and a...Form of Voting Agreement • September 22nd, 2000 • Advanced Energy Industries Inc • Electronic components, nec • Colorado
LEASE AGREEMENT THIS LEASE AGREEMENT is made and entered into by and between CROSS PARK INVESTORS, LTD., hereinafter referred to as "Landlord", and ADVANCED ENERGY INDUSTRIES, INC., hereinafter referred to as "Tenant".Lease Agreement • August 7th, 1998 • Advanced Energy Industries Inc • Electronic components, nec • Texas
RECITALSAgreement and Plan of Reorganization • October 30th, 2000 • Advanced Energy Industries Inc • Electronic components, nec • Colorado
CREDIT AGREEMENTCredit Agreement • August 6th, 2013 • Advanced Energy Industries Inc • Electronic components, nec • California
THIS CREDIT AGREEMENT (this "Agreement") is entered into as of March 1, 2012, by and between REFUSOL INC.. a Delaware corporation ("Borrower"), and WELLS FARGO BANK, NATIONAL ASSOCIATION ("Bank").
FORM OF UNDERWRITING AGREEMENT ------------------------------Underwriting Agreement • August 21st, 1997 • Advanced Energy Industries Inc • Electronic components, nec • New York
EXECUTIVE CHANGE IN CONTROL AGREEMENTExecutive Change in Control Agreement • April 16th, 2015 • Advanced Energy Industries Inc • Electronic components, nec • Colorado
This Executive Change in Control Agreement (this “Agreement”), is made as of the 18th day of May, 2015 (the “Effective Date”), by and between Advanced Energy Industries, Inc., a Delaware corporation (the “Company”), and Thomas Liguori (the “Executive”).
EXHIBIT 10.1 THIS LOAN AND SECURITY AGREEMENT dated May 10, 2002, between SILICON VALLEY BANK ("Bank"), whose address is 3003 Tasman Drive, Santa Clara, California 95054 with a loan production office at 4410 Arapahoe Avenue, Suite 200, Boulder, CO...Loan and Security Agreement • August 14th, 2002 • Advanced Energy Industries Inc • Electronic components, nec • California
CREDIT AGREEMENT Dated as of September 10, 2019 among ADVANCED ENERGY INDUSTRIES, INC., as the Borrower, CERTAIN SUBSIDIARIES OF THE BORROWER PARTY HERETO, as the Guarantors, BANK OF AMERICA, N.A., as the Administrative Agent, BANK OF AMERICA, N.A.,...Credit Agreement • September 10th, 2019 • Advanced Energy Industries Inc • Electronic components, nec • New York
RECITALSEscrow and Indemnity Agreement • May 19th, 2000 • Advanced Energy Industries Inc • Electronic components, nec • California
FORM OF DIRECTOR INDEMNIFICATION AGREEMENTForm of Director Indemnification Agreement • December 14th, 2009 • Advanced Energy Industries Inc • Electronic components, nec • Delaware
THIS INDEMNIFICATION AGREEMENT (the “Agreement”) is made and entered into as of December 8, 2009 between Advanced Energy Industries, Inc., a Delaware corporation (the “Company”), and (“Indemnitee”).
AMONG SEKIDENKO, INC. ("SEKIDENKO")Merger Agreement • August 4th, 2000 • Advanced Energy Industries Inc • Electronic components, nec • Washington
ADVANCED ENERGY INDUSTRIES, INC. LOAN AND SECURITY AGREEMENTLoan and Security Agreement • August 21st, 1997 • Advanced Energy Industries Inc • Electronic components, nec • California
1 EXHIBIT 10.19 LEASE AGREEMENT OFFICE AND INDUSTRIAL SPACE This Lease Agreement is made and entered into as of the 20th day of March, 2000, by and between Sharp Point Properties, LLC ("Landlord"), whose address is 4875 Pearl East Cr. #300, Boulder,...Lease Agreement Office and Industrial Space • March 27th, 2001 • Advanced Energy Industries Inc • Electronic components, nec • Colorado
Standard Industrial Lease Agreement Tenant: Advanced Energy Industries, Inc. Cameron Technology Center (11/25/97) Square Feet: 19,800 square feet Lease Commences: _______________ Lease Expires: _________________ LEASE AGREEMENTLease Agreement • August 7th, 1998 • Advanced Energy Industries Inc • Electronic components, nec • Texas
Re: Account Number EI-05686 (the “Account”) ADDENDUM TO CREDIT LINE AGREEMENTAdvanced Energy Industries Inc • June 5th, 2009 • Electronic components, nec
The attached “Credit Line Agreement” sets forth certain terms related to the extension of credit by UBS Bank USA (“The “Bank”) with respect to certain assets held through the above-referenced non-discretionary corporate cash management Account with UBS Financial Services Inc. (the “Firm”). The party signing this Addendum as Client where indicated below (the “Client”) understands and agrees that, notwithstanding anything to the contrary contained in either the Credit Line Agreement (including without limitation Section 19 of the Credit Line Agreement) or the existing Corporate Cash Management Account Agreement applicable to the Account, as amended from time to time (the “Account Agreement”), the terms of the Credit Line Agreement supplement, but do not replace, the existing Account Agreement as follows: (i) the terms of the Credit Line Agreement (as amended from time to time, in accordance with its terms) shall govern with respect to any matters, issues or disputes related directly to,
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.
AMENDMENT NO. 1 TO CREDIT AGREEMENTCredit Agreement • September 9th, 2021 • Advanced Energy Industries Inc • Electronic components, nec • New York
AMENDMENT NO. 1 TO CREDIT AGREEMENT, dated as of September 9, 2021 (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.
