Array Technologies, Inc. [●] Shares of Common Stock Underwriting AgreementUnderwriting Agreement • October 8th, 2020 • ATI Intermediate Holdings, LLC • Miscellaneous manufacturing industries • New York
Array Technologies, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated in this agreement (this “Agreement”), to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of [●] shares of common stock, par value $0.001 per share (“Stock”), of the Company and the selling stockholder of the Company named in Schedule II hereto (the “Selling Stockholder”) proposes, subject to the terms and conditions stated in this Agreement, to sell to the Underwriters an aggregate of [●] shares and, at the election of the Underwriters, up to [●] additional shares of Stock. The aggregate of [●] shares to be sold by the Company and the Selling Stockholder is herein called the “Firm Shares” and the aggregate of [●] additional shares to be sold by the Selling Stockholder is herein called the “Optional Shares”. The Firm Shares and the Optional Shares that the Underwriters elect to purchase pursuant to Section 2 hereof are her
ARRAY TECHNOLOGIES, INC. REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • October 8th, 2020 • ATI Intermediate Holdings, LLC • Miscellaneous manufacturing industries • New York
THIS REGISTRATION RIGHTS AGREEMENT (this “Agreement”) is made as of _______________, 2020 among Array Technologies, Inc., a Delaware corporation (the “Company”), each of the investors listed on the signature pages hereto under the caption “Sponsor Investors” (collectively, the “Sponsor Investors”), Ron P. Corio and the other members of the Corio Group from time to time party hereto, each Person listed on the signature pages under the caption “Other Investors” or who executes a Joinder as an “Other Investor” (collectively, the “Other Investors”) and each of the executives listed on the signature pages under the caption “Executives” or who executes a Joinder as an “Executive” (collectively, the “Executives”). Except as otherwise specified herein, all capitalized terms used in this Agreement are defined in Exhibit A attached hereto.
DIRECTOR AND OFFICER INDEMNIFICATION AGREEMENTIndemnification Agreement • October 8th, 2020 • ATI Intermediate Holdings, LLC • Miscellaneous manufacturing industries • Delaware
This Indemnification Agreement (this “Agreement”) is made as of ____________, 2020 by and between Array Technologies, Inc., a Delaware corporation (the “Company”), in its own name and on behalf of its direct and indirect subsidiaries, and ______________, an individual (“Indemnitee”).
