UNDERWRITING AGREEMENT between STEMLINE THERAPEUTICS, INC. and AEGIS CAPITAL CORP., as Representative of the Several UnderwritersUnderwriting Agreement • November 14th, 2012 • Stemline Therapeutics Inc • Pharmaceutical preparations • New York
The undersigned, Stemline Therapeutics, Inc., a corporation formed under the laws of the State of Delaware (collectively with its affiliates, including, without limitation, all entities disclosed or described in the Registration Statement (as hereinafter defined) as being affiliates of Stemline Therapeutics, Inc., the “Company”), hereby confirms its agreement (this “Agreement”) with Aegis Capital Corp. (hereinafter referred to as “you” (including its correlatives) or the “Representative”) and with the other underwriters named on Schedule 1 hereto for which the Representative is acting as representative (the Representative and such other underwriters being collectively called the “Underwriters” or, individually, an “Underwriter”) as follows:
ENANTA PHARMACEUTICALS, INC. [*] Shares of Common Stock Underwriting AgreementEnanta Pharmaceuticals Inc • November 6th, 2012 • Pharmaceutical preparations • New York
Enanta Pharmaceuticals, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several Underwriters listed in Schedule 1 hereto (the “Underwriters”), for whom you are acting as representatives (the “Representatives”), an aggregate of [*] shares of common stock, par value $[*] per share, of the Company (the “Underwritten Shares”) and, at the option of the Underwriters, up to an additional [*] shares of common stock of the Company (the “Option Shares”). The Underwritten Shares and the Option Shares are herein referred to as the “Shares”. The shares of common stock of the Company to be outstanding after giving effect to the sale of the Shares are referred to herein as the “Stock”.
CREDIT AGREEMENT dated as of September 15, 2014 among PTC INC. The Lenders Party Hereto JPMORGAN CHASE BANK, N.A. as Administrative Agent KEYBANK NATIONAL ASSOCIATION as Syndication Agent, FIFTH THIRD BANK, HSBC BANK USA, NATIONAL ASSOCIATION,...Credit Agreement • September 16th, 2014 • PTC Inc. • Services-prepackaged software • New York
CREDIT AGREEMENT (this “Agreement”) dated as of September 15, 2014 among PTC INC. the LENDERS from time to time party hereto, JPMORGAN CHASE BANK, N.A., as Administrative Agent, KEYBANK NATIONAL ASSOCIATION, as Syndication Agent, FIFTH THIRD BANK, HSBC BANK USA, NATIONAL ASSOCIATION, CITIZENS BANK, N.A., ROYAL BANK OF CANADA, SANTANDER BANK, N.A. and TD BANK, N.A., as Co-Documentation Agents and BARCLAYS BANK PLC, SUNTRUST BANK and U.S. BANK, NATIONAL ASSOCIATION,
INDEXSecurity Agreement • August 6th, 2012 • Dynasil Corp of America • Glass & glassware, pressed or blown • Massachusetts
CONCERT PHARMACEUTICALS, INC. 3,300,000 Shares of Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • March 19th, 2015 • Concert Pharmaceuticals, Inc. • Pharmaceutical preparations • New York
Each of the undersigned, Roger Tung, President and Chief Executive Officer of Concert Pharmaceuticals, Inc., a Delaware corporation (the “Company”), and Nancy Stuart, Chief Operating Officer of the Company, on behalf of the Company, does hereby certify pursuant to Section 6(i) of that certain Underwriting Agreement dated March 19, 2015 (the “Underwriting Agreement”) between the Company and, on behalf of the several Underwriters named therein, Wells Fargo Securities, LLC and JMP Securities LLC that as of [ ]
CREDIT AGREEMENT dated as of August 16, 2012 among PARAMETRIC TECHNOLOGY CORPORATION The Lenders Party Hereto JPMORGAN CHASE BANK, N.A. as Administrative Agent KEYBANK NATIONAL ASSOCIATION as Syndication Agent andCredit Agreement • August 16th, 2012 • Parametric Technology Corp • Services-prepackaged software • New York
SCHEDULES: Schedule 2.01 – Commitments Schedule 2.02 – Mandatory Cost Schedule 2.03 – Competitors Schedule 3.01 – Subsidiaires Schedule 3.04 – Litigation Schedule 3.10 – ERISA Plans Schedule 5.08 – Existing Indebtedness Schedule 5.09 – Existing Liens Schedule 5.11 – Permitted Foreign Subsidiary Loans and Investments Schedule 5.12 – Certain Subsidiaries to be Liquidated EXHIBITS: Exhibit A – Form of Assignment and Assumption Exhibit B – Form of Opinion of Credit Parties’ Counsel Exhibit C – Form of Increasing Lender Supplement Exhibit D – Form of Augmenting Lender Supplement Exhibit E – Form of Compliance Certificate Exhibit F – List of Closing Documents Exhibit G-1 – Form of Borrowing Request Exhibit G-2 – Form of Interest Election Request
Shares STEMLINE THERAPEUTICS, INC. Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • July 19th, 2012 • Stemline Therapeutics Inc • Pharmaceutical preparations • New York
Stemline Therapeutics, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions contained herein, to sell to you and the other underwriters named on Schedule I to this Agreement (the “Underwriters”), for whom you are acting as Representative (the “Representative”), an aggregate of shares (the “Firm Shares”) of the Company’s common stock, $0.0001 par value per share (the “Common Stock”). The respective amounts of the Firm Shares to be purchased by each of the several Underwriters are set forth opposite their names on Schedule I hereto. In addition, the Company proposes to grant to the Underwriters an option to purchase up to an additional shares (the “Option Shares”) of Common Stock from the Company for the purpose of covering over-allotments in connection with the sale of the Firm Shares. The Firm Shares and the Option Shares are collectively called the “Shares.”
Form of Representative’s Warrant AgreementCommon Stock Purchase Warrant • November 14th, 2012 • Stemline Therapeutics Inc • Pharmaceutical preparations • New York
THIS PURCHASE WARRANT IS NOT EXERCISABLE PRIOR TO [ ] [DATE THAT IS ONE YEAR AFTER DATE OF EFFECTIVENESS]. VOID AFTER 5:00 P.M., EASTERN TIME, [ ] [DATE THAT IS FIVE YEARS AFTER DATE OF EFFECTIVENESS].
AMENDED AND RESTATED CREDIT AGREEMENT Dated as of February 16, 2012 by and among THE TALBOTS, INC., THE TALBOTS GROUP, LIMITED PARTNERSHIP, and TALBOTS CLASSICS FINANCE COMPANY, INC., as the Borrowers, THE OTHER PERSONS PARTY HERETO THAT ARE...Credit Agreement • February 17th, 2012 • Talbots Inc • Retail-women's clothing stores • New York
This AMENDED AND RESTATED CREDIT AGREEMENT (including all exhibits and schedules hereto, as the same may be amended, modified and/or restated from time to time, this “Agreement”) is entered into as of February 16, 2012, by and among THE TALBOTS, INC., a Delaware corporation (the “Company”), THE TALBOTS GROUP, LIMITED PARTNERSHIP, a Massachusetts limited partnership (“Talbots Group”), TALBOTS CLASSICS FINANCE COMPANY, INC., a Delaware corporation (“Talbots Finance”) (the Company, the Talbots Group and Talbots Finance are sometimes referred to herein collectively as the “Borrowers” and individually as a “Borrower”), the Company, as Borrower Representative, each other Person from time to time party hereto as a “Credit Party”, GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation (in its individual capacity, “GE Capital”), as Agent for the several financial institutions from time to time party to this Agreement (collectively, the “Lenders” and individually each a “Lender”) and for i
70,000,000 Aggregate Principal Amount of 7.25% Senior Notes due 2023Underwriting Agreement • February 26th, 2013 • MVC Capital, Inc. • New York
The Company also proposes to issue and sell to the Underwriters not more than an additional $10,500,000 aggregate principal amount of 7.25% Senior Notes due 2023 (the “Additional Notes”) if and to the extent that the Representatives shall have determined to exercise, on behalf of the Underwriters, the right to purchase such notes granted to the Underwriters in Section 3 hereof. The Notes and the Additional Notes are hereinafter collectively referred to as the “Securities.”
CREDIT AGREEMENT dated as of February 24, 2014 among INTRALINKS, INC., as Borrower, INTRALINKS HOLDINGS, INC. andINTRALINKS INTERNATIONAL HOLDINGS LLC,as Guarantors, and JPMORGAN CHASE BANK, N.A.,as Lender CHASE BUSINESS CREDITCredit Agreement • February 27th, 2014 • IntraLinks Holdings, Inc. • Services-prepackaged software • New York
CREDIT AGREEMENT dated as of February 24, 2014 (as it may be amended or modified from time to time, this “Agreement”), by and among INTRALINKS, INC., as Borrower, INTRALINKS HOLDINGS, INC. and INTRALINKS INTERNATIONAL HOLDINGS LLC, as initial Guarantors, the other Loan Parties party hereto, and JPMORGAN CHASE BANK, N.A., as Lender.
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • November 8th, 2013 • Axcelis Technologies Inc • Special industry machinery, nec • Delaware
This LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as the Effective Date between SILICON VALLEY BANK, a California corporation, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at 275 Grove Street, Suite 2-200, Newton, Massachusetts 02466 (“Bank”), and AXCELIS TECHNOLOGIES, INC., a Delaware corporation with offices located at 108 Cherry Hill Drive, Beverly, Massachusetts 01915 (“Borrower”), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. The parties agree as follows:
Dyax Corp. and __________________________, as Trustee INDENTURE Dated as of ______________, _____Indenture • November 14th, 2014 • Dyax Corp • Services-commercial physical & biological research • New York
VOTING AGREEMENTVoting Agreement • January 19th, 2012 • Perfumania Holdings, Inc. • Retail-miscellaneous retail • Delaware
THIS VOTING AGREEMENT (this “Agreement”) is made and entered into as of December 23, 2011 by and among Perfumania Holdings, Inc., a Florida corporation (“Parent”) and the undersigned stockholders (each a “Stockholder” and collectively, the “Stockholders”) of Parlux Fragrances, Inc., a Delaware corporation (the “Company”).
TAMPA ELECTRIC COMPANYUnderwriting Agreement • May 14th, 2014 • Tampa Electric Co • Electric services • New York
Tampa Electric Company, a Florida corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the Underwriters named in Schedule A hereto (the “Underwriters”), for whom BNY Mellon Capital Markets, LLC , Mitsubishi UFJ Securities (USA), Inc., RBC Capital Markets, LLC, SunTrust Robinson Humphrey, Inc. and Wells Fargo Securities, LLC are acting as representatives (the “Representatives”), an aggregate principal amount of $300,000,000 of 4.35% Notes due 2044 (the “Notes”). The Notes will be issued pursuant to an indenture dated as of July 1, 1998 (the “Base Indenture”) between the Company
SECOND LIEN CREDIT AGREEMENT among ATKORE INTERNATIONAL, INC., as Borrower, THE LENDERS FROM TIME TO TIME PARTIES HERETO, and DEUTSCHE BANK AG NEW YORK BRANCH, as Administrative Agent and Collateral Agent UBS SECURITIES LLC, as Syndication Agent,...Credit Agreement • April 15th, 2016 • Atkore International Group Inc. • Miscellaneous electrical machinery, equipment & supplies • New York
CREDIT AGREEMENT, dated as of April 9, 2014, among ATKORE INTERNATIONAL, INC., a Delaware corporation (and as further defined in Subsection 1.1, the “Borrower”), the several banks and other financial institutions from time to time party hereto (as further defined in Subsection 1.1, the “Lenders”), and DEUTSCHE BANK AG NEW YORK BRANCH, as administrative agent (in such capacity and as further defined in Subsection 1.1, the “Administrative Agent”) for the Lenders hereunder and as collateral agent (in such capacity and as further defined in Subsection 1.1, the “Collateral Agent”) for the Secured Parties (as defined below).
AMENDMENT NO. 1, dated as of April 18, 2014 (this “Amendment No.1 Agreement”), to the Second Amended and Restated Credit Agreement, dated as of February 3, 2014 (as in effect immediately prior to the Amendment No. 1 Effective Date, the “Original...Credit Agreement • April 22nd, 2014 • Lamar Media Corp/De • Services-advertising agencies • New York
This SECOND AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”) is dated as of February 3, 2014, and as amended on April 18, 2014, among LAMAR MEDIA CORP., each “ADDITIONAL SUBSIDIARY BORROWER” that may be designated as such hereunder pursuant to an Additional Subsidiary Borrower Designation Letter, the SUBSIDIARY GUARANTORS party hereto, the LENDERS party hereto and JPMORGAN CHASE BANK, N.A., as Administrative Agent.
LAMAR MEDIA CORP., THE GUARANTORS and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Trustee INDENTURE Dated as of January 10, 2014 5.375% Senior Notes due 2024Lamar Media Corp/De • January 15th, 2014 • Services-advertising agencies • New York
INDENTURE, dated as of January 10, 2014, among LAMAR MEDIA CORP., a Delaware corporation, as Issuer (the “Company”), the GUARANTORS (as hereinafter defined), and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Trustee (the “Trustee”).
THIRD AMENDED AND RESTATED CREDIT AGREEMENT Dated as of May 18, 2012, among ATLANTIC TELE-NETWORK, INC., as Borrower, each of the GUARANTORS referred to herein, COBANK, ACB, as Administrative Agent, Lead Arranger, Bookrunner, Swingline Lender, and an...Credit Agreement • May 21st, 2012 • Atlantic Tele Network Inc /De • Telephone communications (no radiotelephone) • New York
This THIRD AMENDED AND RESTATED CREDIT AGREEMENT is entered into as of May 18, 2012 (the “Third Amendment Date”), among ATLANTIC TELE-NETWORK, INC., a Delaware corporation (“Borrower”), each of the Subsidiaries of Borrower which is or hereafter becomes a guarantor of the Secured Obligations (individually, a “Guarantor” and, collectively, the “Guarantors”; and together with Borrower, individually a “Loan Party” and, collectively, the “Loan Parties”), COBANK, ACB (individually, “CoBank”), as Administrative Agent, Bookrunner, Lead Arranger, Swingline Lender, an Issuing Lender and a Lender, Fifth Third Bank, as Joint Lead Arranger, Syndication Agent and a Lender, and the other Lenders. Capitalized terms used and not otherwise defined herein shall have the meanings given to them in Subsection 10.1.
CONSENT AGREEMENT AND FIRST AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • November 26th, 2012 • Lbi Media Holdings Inc • Radio broadcasting stations • New York
This SECOND AMENDED AND RESTATED CREDIT AGREEMENT effective as of [•], 2012 (this “Agreement”), is among LBI MEDIA, INC., THE GUARANTORS PARTY HERETO, THE LENDERS PARTY HERETO, CREDIT SUISSE SECURITIES (USA) LLC, as Lead Arranger, CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as Administrative Agent and CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as Collateral Trustee.
FIFTH AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT August 5, 2016Investors’ Rights Agreement • August 15th, 2018 • BioNano Genomics, Inc • Laboratory analytical instruments • Delaware
This will confirm that in consideration of the Series D-1 Investors’ agreement on the date hereof to purchase shares of Series D-1 Convertible Participating Preferred Stock, par value $0.0001 per share (the “Series D-1 Preferred Stock”), of BioNano Genomics, Inc., a Delaware corporation and successor to BioNanomatrix, LLC (the “Company”), pursuant to the Series D-1 Convertible Participating Preferred Stock Purchase Agreement of even date herewith (as the same may be amended from time to time, the “Purchase Agreement”) between the Company and the Series D-1 Investors and as an inducement to the Series D-1 Investors to consummate the transactions contemplated by the Purchase Agreement, the Company, the Series D-1 Investors and the other signatories hereto hereby agree as follows:
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • June 26th, 2014 • Softech Inc • Services-computer integrated systems design • Massachusetts
This Securities Purchase Agreement (this “Agreement”) is dated as of June 20, 2014, by and among SofTech, Inc., a Massachusetts corporation (the “Company”), and Joseph P. Daly (the “Purchaser”).
EX-5 6 d641279dex5.htm EX-5 EXECUTION VERSION PURCHASE AND SALE AGREEMENTPurchase and Sale Agreement • May 5th, 2020 • New York
THIS PURCHASE AND SALE AGREEMENT (this “Agreement”) is made as of December 18, 2013, by and between TTG Apparel, LLC, a Delaware limited liability company (“Seller”), and HGI Funding, LLC, a Delaware limited liability company (“Purchaser”).
FOURTH AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENTRights Agreement • March 4th, 2014 • Akebia Therapeutics, Inc. • Pharmaceutical preparations • Delaware
THIS FOURTH AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT (this “Agreement”) is made as of the [—] day of February, 2014 by and among AKEBIA THERAPEUTICS, INC., a Delaware corporation (the “Company”), each of the investors listed on Schedule A hereto, each of which is referred to in this Agreement as an “Investor” and collectively, the “Investors”), and any Additional Investor that becomes a party to this Agreement in accordance with Section 6.9 hereof.
FIFTH AMENDED AND RESTATED INVESTOR RIGHTS AGREEMENTInvestor Rights Agreement • May 2nd, 2014 • Tokai Pharmaceuticals Inc • Pharmaceutical preparations • Delaware
This FIFTH AMENDED AND RESTATED INVESTOR RIGHTS AGREEMENT, dated as of May 13, 2013 (this “Agreement”), among TOKAI PHARMACEUTICALS, INC., a Delaware corporation (the “Issuer”), and the investors in the Issuer named in Schedule I hereto (collectively, the “Investors”), amending and restating the Fourth Amended and Restated Investor Rights Agreement, dated as of September 9, 2011, as amended (the “Fourth Amended and Restated Investor Rights Agreement”), among the Issuer and certain of the Investors.
INDEMNIFICATION AGREEMENTIndemnification Agreement • February 19th, 2013 • GTJ REIT, Inc. • Real estate investment trusts • Connecticut
THIS INDEMNIFICATION AGREEMENT made as of the 1st day of January, 2013, by WU/LH 12 CASCADE L.L.C., WU/LH 25 EXECUTIVE L.L.C., WU/LH 269 LAMBERT L.L.C., WU/LH 103 FAIRVIEW PARK L.L.C., WU/LH 412 FAIRVIEW PARK L.L.C., WU/LH 401 FIELDCREST L.L.C., WU/LH 404 FIELDCREST L.L.C., WU/LH 36 MIDLAND L.L.C., WU/LH 100-110 MIDLAND L.L.C., WU/LH 112 MIDLAND L.L.C., WU/LH 199 RIDGEWOOD L.L.C., WU/LH 203 RIDGEWOOD L.L.C., WU/LH 100 AMERICAN L.L.C., WU/LH 200 AMERICAN L.L.C., WU/LH 300 AMERICAN L.L.C., WU/LH 400 AMERICAN L.L.C. and WU/LH 500 AMERICAN L.L.C., each a Delaware limited liability company with an address at c/o GTJ Management, LLC, 444 Merrick Road, Suite 370, Lynbrook, New York 11563 (collectively, the “Borrower”), GTJ REIT, INC., a Maryland corporation (“GTJ”), GTJ GP, LLC, a Maryland limited liability company (“GP”) and GTJ REALTY, LP, a Delaware limited partnership (“UPREIT” and together with GTJ and GP are sometimes herein referred to collectively as “Guarantor”, and Borrower, GTJ, GP
by and between Northwest Florida Timber Finance, LLC, as the Issuer and WILMINGTON TRUST, NATIONAL ASSOCIATION, not in its individual capacity but solely in its capacity as the Indenture Trustee Dated as of April 10, 2014Indenture • August 8th, 2014 • St Joe Co • Land subdividers & developers (no cemeteries) • New York
THIS INDENTURE, dated as of April 10, 2014 (as amended, modified, restated, supplemented or waived from time to time, the “Indenture”), is by and between Northwest Florida Timber Finance, LLC, a Delaware limited liability company, as the issuer (together with its successors and assigns in such capacity, the “Issuer”), and Wilmington Trust, National Association, as the indenture trustee (together with its successors and assigns, in such capacity, the “Indenture Trustee”).
CREDIT AGREEMENT Dated as of November 14, 2012 among BIOMET, INC., as Parent Borrower, BIOMET GLOBAL SUPPLY CHAIN CENTER B.V., as Dutch Parent Borrower THE SEVERAL SUBSIDIARY BORROWERS PARTY HERETO, LVB ACQUISITION, INC., as Holdings, BANK OF AMERICA,...Credit Agreement • November 19th, 2012 • LVB Acquisition, Inc. • Orthopedic, prosthetic & surgical appliances & supplies • New York
This CREDIT AGREEMENT (this “Agreement”) is entered into as of November 14, 2012, among BIOMET, INC., an Indiana corporation (the “Parent Borrower”), Biomet Global Supply Chain Center B.V., a besloten vennootschap (a private limited liability company) formed under the laws of the Netherlands (the “Dutch Parent Borrower”), the other Subsidiary Borrowers party hereto, LVB ACQUISITION, INC., a Delaware corporation (“Holdings”), BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer, and each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”).
ENVIRONMENTAL AND HAZARDOUS SUBSTANCES INDEMNITY AGREEMENT Project Commonly Known AsSubstances Indemnity Agreement • January 12th, 2012 • TNP Strategic Retail Trust, Inc. • Real estate investment trusts • California
THIS ENVIRONMENTAL AND HAZARDOUS SUBSTANCES INDEMNITY AGREEMENT (this “Indemnity Agreement”) is executed and delivered as of the 9th day of January, 2012, by TNP SRT MORNINGSIDE MARKETPLACE, LLC, a Delaware limited liability company having an address at 1900 Main Street, Suite 700, Irvine, California 92614 (“Property Borrower”), TNP SRT SECURED HOLDINGS, LLC, a Delaware limited liability company having an address at 1900 Main Street, Suite 700, Irvine, California 92614 (“Secured Holdings”), TNP STRATEGIC RETAIL OPERATING PARTNERSHIP, LP, a Delaware limited partnership having an address at 1900 Main Street, Suite 700, Irvine, California 92614 (“OP”), TNP SRT SAN JACINTO, LLC, a Delaware limited liability company (“San Jacinto”), TNP SRT CRAIG PROMENADE, LLC, a Delaware limited liability company (“Craig Promenade”) and TNP STRATEGIC RETAIL TRUST, INC., a Maryland corporation having an address at 1900 Main Street, Suite 700, Irvine, California 92614 (“REIT”) (collectively, Property Borrow
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • December 4th, 2012 • Softech Inc • Services-computer integrated systems design • Massachusetts
This Securities Purchase Agreement (this “Agreement”) is dated as of __________, 2012, by and among SofTech, Inc., a Massachusetts corporation (the “Company”), and ____________ (the “Purchaser”).
SECOND AMENDED AND RESTATED CREDIT AGREEMENT AMONG SOVEREIGN BANK, N.A., as Agent THE LENDERS PARTY HERETO AND TIMEPAYMENT CORP. Dated: December 21, 2012Credit Agreement • December 28th, 2012 • Microfinancial Inc • Miscellaneous business credit institution
THIS SECOND AMENDED AND RESTATED CREDIT AGREEMENT is made as of December 21, 2012, by and among TIMEPAYMENT CORP., a Delaware corporation having its chief executive office at 16 New England Executive Park, Suite 200, Burlington, Massachusetts 01803 (the “Borrower”); SOVEREIGN BANK, N.A., formerly known as Sovereign Bank, having an office at 75 State Street, Boston, Massachusetts 02109 (“Sovereign”); the other financial institutions from time to time parties hereto as Lenders (as defined below); and SOVEREIGN BANK, N.A., formerly known as Sovereign Bank, as agent for the Lenders (in such capacity, the “Agent”).
FORM OF VOTING AGREEMENT (PARLUX)Form of Voting Agreement • January 19th, 2012 • Perfumania Holdings, Inc. • Retail-miscellaneous retail • Delaware
THIS VOTING AGREEMENT (this “Agreement”) is made and entered into as of December 23, 2011 by and between Perfumania Holdings, Inc., a Florida corporation (“Parent”) and [______________] (“Stockholder”), a stockholder of Parlux Fragrances, Inc., a Delaware corporation (the “Company”).
PURCHASE AND SALE AGREEMENT BY AND AMONG MATTRESS FIRM, INC., CHRISTOPHER T. COOK AND SLEEP XPERTS, INC. MARCH 7, 2014Purchase and Sale Agreement • March 10th, 2014 • Mattress Firm Holding Corp. • Retail-furniture stores • Texas
THIS PURCHASE AND SALE AGREEMENT (this “Agreement”) dated as of March 7, 2014, is entered into by and among Mattress Firm, Inc., a Delaware corporation (the “Buyer”), Christopher T. Cook, an individual (“Cook”), and Sleep Xperts, Inc., a Texas corporation (the “General Partner” and, together with Cook, the “Sellers,” and each individually, a “Seller”).
AGREEMENT AND PLAN OF MERGER by and among ESSILOR INTERNATIONAL SA, GWH ACQUISITION SUB INC. and COSTA INC. Dated as of November 7, 2013Agreement and Plan of Merger • November 18th, 2013 • Essilor International /Fi • American depositary receipts • New York
THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of November 7, 2013, is among Essilor International SA, a French société anonyme (the “Parent”), GWH Acquisition Sub Inc., a Rhode Island corporation and an indirect wholly owned subsidiary of the Parent (the “Merger Sub”), and Costa Inc., a Rhode Island corporation (the “Company”).
STOCKHOLDERS AGREEMENTStockholders Agreement • January 24th, 2012 • Perfumania Holdings, Inc. • Retail-miscellaneous retail • Florida
STOCKHOLDERS AGREEMENT dated as of December 23, 2011 (this “Agreement”), by and among Perfumania Holdings, Inc., a Florida corporation (the “Company”), Rene Garcia, a stockholder of the Company (“Stockholder”), and the persons and trusts related to Stockholder listed on the signature page hereof (together with Stockholder, the “Stockholder Parties”).
