FIRST SUPPLEMENTAL INDENTUREFirst Supplemental Indenture • September 12th, 2022 • Mandiant, Inc. • Computer peripheral equipment, nec • New York
FIRST SUPPLEMENTAL INDENTURE (this “Supplemental Indenture”) dated as of September 12, 2022, between MANDIANT, INC. (F/K/A FIREEYE, INC.), a Delaware corporation (the “Company”), and U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION (as successor in interest to U.S. Bank National Association), a national banking association, as trustee (the “Trustee”).
From: Mandiant, Inc. 11951 Freedom Drive, 6th Floor Reston, VA 20190Mandiant, Inc. • September 12th, 2022 • Computer peripheral equipment, nec • New York
Reference is made to the letter agreement dated [May 21]1[June 1]2, 2018 (the "Cap Confirmation") setting forth the terms and conditions of the transaction (the "Cap Transaction") entered into between [Bank of America, N.A.][Goldman Sachs & Co. LLC][Morgan Stanley & Co. Inc.] ("Dealer") and Mandiant, Inc., a Delaware corporation formerly known as FireEye, Inc. ("Counterparty"). Each of this letter agreement (this "Termination Confirmation") and the Cap Confirmation constitutes a "Confirmation" as referred to in the Agreement specified below.
