Equity Commitment Agreement Sample Contracts
EXHIBIT 99.4 EQUITY COMMITMENT AGREEMENTEquity Commitment Agreement • October 17th, 2006 • Goldman Sachs Group Inc/ • Security brokers, dealers & flotation companies • New York
EQUITY COMMITMENT AGREEMENT BY AND AMONG INFRASTRUCTURE AND ENERGY ALTERNATIVES, INC., THE COMMITMENT PARTIES PARTY HERETO AND THE OTHER PARTIES SET FORTH HEREIN Dated as of October 29, 2019Equity Commitment Agreement • October 30th, 2019 • Infrastructure & Energy Alternatives, Inc. • Blank checks • Delaware
giving effect to shares of Common Stock reserved for issuance or issuable upon the exercise of the Warrants. Upon the issuance of Common Stock following an exercise of the Warrants in accordance with the Warrant Certificate, such Common Stock, when issued, will be validly issued, fully paid and non-assessable and free and clear of all Liens, with the holders thereof being entitled to all rights accorded to a holder of Common Stock. “Company Organizational Documents” mean the Certificate of Incorporation of the Company, as amended through the date hereof (the “Certificate of Incorporation”), and the Company’s bylaws, as amended through the date hereof (the “Bylaws”).
EQUITY COMMITMENT AGREEMENTEquity Commitment Agreement • May 10th, 2007 • Northwest Airlines Corp • Air transportation, scheduled • New York
Subject to the approval of this Agreement by the Bankruptcy Court (as defined in the second paragraph of this Agreement), Northwest Airlines Corporation, a Delaware corporation (as a debtor-in-possession and a reorganized debtor, as applicable, the “Company”), proposes to offer and sell 27,777,778 shares of its new common stock, par value $0.01 per share, to be issued pursuant to the Amended Plan (as defined below in this paragraph) (together with any associated share purchase rights other than the Rights (as defined below in this paragraph), “New Common Stock”), of which 23,611,111 shares, (the “Shares”), will be offered pursuant to a rights offering (the “Rights Offering”) whereby each holder of an Allowed Class 1D Claim (other than a Subordinated Claim) (each an “Eligible Holder”), as of the record date fixed by the Bankruptcy Court for the solicitation of acceptances and rejections of the Amended Plan, shall be offered the right (each, a “Right”) to purchase up to its pro rata shar
EQUITY COMMITMENT AGREEMENTEquity Commitment Agreement • March 21st, 2022 • Brookfield Business Corp • Construction - special trade contractors • Ontario
NOW THEREFORE in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged), the parties hereto agree as follows:
EQUITY COMMITMENT AGREEMENT AMONG VISTEON CORPORATION AND THE INVESTORS PARTY HERETO Dated as of May 6, 2010Equity Commitment Agreement • May 18th, 2010 • Goldman Sachs Group Inc • Security brokers, dealers & flotation companies • Delaware
THIS EQUITY COMMITMENT AGREEMENT (this “Agreement”), dated as of May 6, 2010, is made by and among Visteon Corporation (as a debtor in possession and a reorganized debtor, as applicable, the “Company”), on the one hand, and the Investors set forth on Schedule 1 hereto (each referred to herein individually as an “Investor” and collectively as the “Investors”), on the other hand. The Company and each Investor is referred to herein as a “Party” and collectively, the “Parties”. Capitalized terms used herein have the meanings ascribed thereto in Article I.
AMENDED AND RESTATED EQUITY COMMITMENT AGREEMENTEquity Commitment Agreement • May 13th, 2014 • Baring Asia Private Equity Fund v Co-Investment L.P. • Services-business services, nec • New York
This Amended and Restated Equity Commitment Agreement (this “Agreement”) dated May 12, 2014 is entered into by and among Giant Group Holdings Limited, an exempted company with limited liability incorporated and existing under the Laws of the Cayman Islands (“Holdco”), CDH Wealth Management Company Limited, an exempted company with limited liability incorporated and existing under the Laws of the Cayman Islands (the “New Sponsor”), Baring Asia Private Equity Fund V, L.P., an exempted limited partnership organized and existing under the Laws of the Cayman Islands (“Baring LP”), Hony Capital Fund V, L.P., an exempted limited partnership organized and existing under the Laws of the Cayman Islands (“Hony LP” and, together with Baring LP, the “Other Sponsors”) and Union Sky Holding Group Limited, a business company with limited liability incorporated and existing under the laws of the British Virgin Islands (“Union Sky” and, together with the Other Sponsors, the “Other Investors”).
EQUITY COMMITMENT AGREEMENTEquity Commitment Agreement • August 3rd, 2020 • Brookfield Renewable Partners L.P. • Electric services • Ontario
NOW THEREFORE in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged), the parties hereto agree as follows:
AMENDED AND RESTATED EQUITY COMMITMENT AGREEMENTEquity Commitment Agreement • June 8th, 2017 • Vanguard Natural Resources, LLC • Crude petroleum & natural gas • New York
This AMENDED AND RESTATED EQUITY COMMITMENT AGREEMENT (this “Agreement”), originally dated as of February 24, 2017, as amended and restated on May 24, 2017, is made and entered into by and among Vanguard Natural Resources, LLC, a Delaware limited liability company (the “Company”), Fir Tree, Inc., on behalf of certain investment funds it manages (collectively, “Fir Tree”), Wexford Capital LP, on behalf of certain investment funds it manages (collectively, “Wexford”) and York Capital Management Global Advisors, LLC, on behalf of certain funds and/or accounts managed by it or its affiliates (collectively, “York Capital,” and together with Fir Tree and Wexford, the “Investors” and each of them an “Investor”).
AMENDED AND RESTATED EQUITY COMMITMENT AGREEMENTEquity Commitment Agreement • December 27th, 2024 • Brookfield Renewable Corp • Electric services • Ontario
NOW THEREFORE in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged), the parties hereto agree as follows:
EQUITY COMMITMENT AGREEMENTEquity Commitment Agreement • April 18th, 2008 • Foamex International Inc • Plastics foam products
We understand that Foamex International Inc. (the “Company”) proposes to carry out an offering (the “Rights Offering”) to the Company’s existing common stockholders (collectively, the “Equityholders”) of rights (the “Rights”) to purchase additional shares of common stock of the Company and an offering (the “Second Lien Term Loan Offering”) to the Second Lien Term Loan Lenders (as defined in the Term Sheet) of rights to purchase additional shares of common stock of the Company by assigning their Second Lien Term Loans (as defined in the Term Sheet), in accordance with the terms and conditions described in the term sheet annexed hereto as Exhibit A (the “Term Sheet”) and the Put Option Agreements annexed hereto as Exhibit B (the “Put Option Agreements”). The Term Sheet and the Put Option Agreements are hereby incorporated herein in their entirety as if set forth below in their entirety, and capitalized terms used but not defined herein have the meanings assigned to them therein.
THIRD AMENDMENT TO EQUITY COMMITMENT AGREEMENTEquity Commitment Agreement • August 12th, 2010 • Ubs Ag • National commercial banks
This Third Amendment (this “Amendment”), dated as of August 9, 2010, is made and entered into by and among Visteon Corporation (as debtor-in-possession and a reorganized debtor, as applicable, the “Company”), the Investors whose signatures are set forth below (the “Amending Investors”), and the Persons whose signatures are set forth below as “Additional Purchasers.” Capitalized terms used and not otherwise defined herein have the meanings set forth in the Equity Commitment Agreement (as defined below).
Amendment No. 1 To EQUITY COMMITMENT AGREEMENTEquity Commitment Agreement • June 19th, 2008 • Foamex International Inc • Plastics foam products • New York
THIS AMENDMENT (this “Amendment”) to the EQUITY COMMITMENT AGREEMENT (the “Equity Commitment Agreement”), dated April 1, 2008 is made and entered into as of June , 2008, by and among Foamex International Inc., a Delaware corporation (the “Company”), D. E. Shaw Laminar Portfolios, L.L.C. (“D. E. Shaw”), Sigma Capital Associates, LLC (“Sigma”), CGDO, LLC (as agent on behalf of Chilton Global Distressed Opportunities Master Fund, L.P.) (“CGDO”) and Q Funding III, L.P. (together with CGDO, “Chilton” and, together with D. E. Shaw, Sigma and CGDO, the “Significant Equityholders”).
EQUITY COMMITMENT AGREEMENT among SANDY CREEK ENERGY ASSOCIATES, L.P., a Delaware limited partnership, as Borrower and SANDY CREEK HOLDINGS, LLC, a Delaware limited liability company, as Equity Investor and CREDIT SUISSE, as Collateral Agent Dated as...Equity Commitment Agreement • September 5th, 2007 • Dynegy Holdings Inc • Electric services • New York
This EQUITY COMMITMENT AGREEMENT, dated as of August 29, 2007 (this “Agreement”), by and among SANDY CREEK ENERGY ASSOCIATES, L.P., a limited partnership organized and existing under the laws of the State of Delaware (the “Borrower”), SANDY CREEK HOLDINGS, LLC, a limited liability company organized and existing under the laws of the State of Delaware (the “Equity Investor”) and CREDIT SUISSE, in its capacity as collateral agent for the Secured Parties under the Intercreditor Agreement (in such capacity, together with its successors and permitted assigns, the “Collateral Agent”).
EX-10.10 11 dex1010.htm EQUITY COMMITMENT AGREEMENT EXECUTION VERSION EQUITY COMMITMENT AGREEMENT dated as of August 15, 2008 between ALLEGHENY ENERGY, INC., as Sponsor and UNION BANK OF CALIFORNIA, N.A., as Collateral Agent Page Page Page Exhibits...Equity Commitment Agreement • May 5th, 2020 • New York
This EQUITY COMMITMENT AGREEMENT, dated as of August 15, 2008 (this “Agreement”), by and between ALLEGHENY ENERGY, INC., a corporation organized and existing under the laws of the State of Maryland (the “Sponsor”), and UNION BANK OF CALIFORNIA, N.A., as collateral agent (in such capacity, together with its successors and assigns, the “Collateral Agent”) for the Secured Parties under and as defined in the TrAILCo Credit Agreement, as defined below.
BROOKFIELD ASSET MANAGEMENT INC. - and – BROOKFIELD ASSET MANAGEMENT REINSURANCE PARTNERS LTD. EQUITY COMMITMENT AGREEMENT June 28, 2021 TORYS LLPEquity Commitment Agreement • June 29th, 2021 • Brookfield Asset Management Reinsurance Partners Ltd. • Insurance carriers, nec • Ontario
BROOKFIELD ASSET MANAGEMENT REINSURANCE PARTNERS LTD. (the “Company”), an exempted company limited by shares existing under the laws of Bermuda
EQUITY COMMITMENT AGREEMENT dated as of November 10, 2025 by and among NORTHERN DATA AG and RUMBLE INC. and TETHER INVESTMENTS, S.A. DE C.V.Equity Commitment Agreement • November 12th, 2025 • Rumble Inc. • Services-computer programming, data processing, etc.
This EQUITY COMMITMENT AGREEMENT (this “Agreement”) is made and entered into as of the date first above written by and among Northern Data AG, a German stock corporation (Aktiengesellschaft) (the “Company”), Rumble Inc., a corporation incorporated under the laws of the State of Delaware (“Rumble”), and Tether Investments, S.A. de C.V., a Salvadoran Sociedad Anónima de Capital Variable (the “Purchaser”, and together with the Company and Rumble, the “Parties”).
EQUITY COMMITMENT AGREEMENTEquity Commitment Agreement • April 28th, 2014 • Shi Yuzhu • Services-business services, nec • New York
This Equity Commitment Agreement (this "Agreement") dated April 25, 2014 by and among Giant Group Holdings Limited, an exempted company with limited liability incorporated and existing under the Laws of the Cayman Islands ("Holdco"), CDH Wealth Management Company Limited, an exempted company with limited liability incorporated and existing under the Laws of the Cayman Islands (the "New Sponsor"), Baring Asia Private Equity Fund V, L.P., a limited partnership organized and existing under the Laws of the Cayman Islands ("Baring LP"), Hony Capital Fund V, L.P., a limited partnership organized and existing under the Laws of the Cayman Islands ("Hony LP" and, together with Baring LP, the "Other Sponsors") and Union Sky Holding Group Limited, a business company with limited liability incorporated and existing under the laws of the British Virgin Islands ("Union Sky" and, together with the Other Sponsors, the "Other Investors").
EQUITY COMMITMENT AGREEMENT AMONG VISTEON CORPORATION AND THE INVESTORS PARTY HERETO Dated as of May 6, 2010Equity Commitment Agreement • May 18th, 2010 • Ubs Ag • National commercial banks • Delaware
THIS EQUITY COMMITMENT AGREEMENT (this “Agreement”), dated as of May 6, 2010, is made by and among Visteon Corporation (as a debtor in possession and a reorganized debtor, as applicable, the “Company”), on the one hand, and the Investors set forth on Schedule 1 hereto (each referred to herein individually as an “Investor” and collectively as the “Investors”), on the other hand. The Company and each Investor is referred to herein as a “Party” and collectively, the “Parties”. Capitalized terms used herein have the meanings ascribed thereto in Article I.
To: Vector CH Holdings (Cayman), L.P. c/o Vector Capital Corporation One Market Street Steuart Tower, 23rd Floor San Francisco, California 94105 To: CH Merger Sub, Inc. c/o Vector Capital Corporation One Market Street Steuart Tower, 23rd Floor San...Equity Commitment Agreement • November 26th, 2014 • Vector Capital IV, L.P. • Services-mailing, reproduction, commercial art & photography • New York
Reference is made to the Agreement and Plan of Merger, dated as of the date hereof (as it may be amended from time to time, the “Merger Agreement”), by and among ChyronHego Corporation, a New York corporation (the “Company”), Vector CH Holdings (Cayman), L.P., a Cayman Islands exempted limited partnership (“Parent”) and CH Merger Sub, Inc., a New York corporation and a wholly-owned subsidiary of Parent (“Merger Subsidiary”), pursuant to which Merger Subsidiary will merge with and into the Company, with the Company surviving as a wholly-owned subsidiary of Parent (the “Merger”). Capitalized terms used but not defined herein have the meanings ascribed to them in the Merger Agreement. The parties listed on Schedule A attached hereto are collectively referred to herein as the “Investors.” This letter agreement is being delivered to Parent in connection with the execution of the Merger Agreement by Parent, Merger Subsidiary and the Company.
FORM OF EQUITY COMMITMENT AGREEMENTEquity Commitment Agreement • April 22nd, 2020 • Brookfield Renewable Partners L.P. • Electric services • Ontario
NOW THEREFORE in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged), the parties hereto agree as follows:
FORM OF EQUITY COMMITMENT AGREEMENTEquity Commitment Agreement • December 20th, 2019 • Brookfield Infrastructure Partners L.P. • Water transportation • Ontario
NOW THEREFORE in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged), the parties hereto agree as follows:
VEMANTI GROUP, INC. EQUITY COMMITMENT AGREEMENTEquity Commitment Agreement • March 17th, 2022 • Vemanti Group, Inc. • Finance services • California
Equity Commitment Agreement (this “Agreement”) is entered into as of March 11, 2022 (the “Execution Date”), by and between Vemanti Group, Inc., a Nevada corporation (the “Company”), and Alpha Sigma Capital Fund LP, a Delaware corporation (the “Investor”).
EQUITY COMMITMENT AGREEMENT dated as of November 10, 2025 by and among RUMBLE INC. and TETHER INVESTMENTS, S.A. DE C.V.Equity Commitment Agreement • November 12th, 2025 • Rumble Inc. • Services-computer programming, data processing, etc. • New York
This EQUITY COMMITMENT AGREEMENT (this “Agreement”) is made and entered into as of the date first above written by and among Rumble Inc., a corporation incorporated under the laws of the State of Delaware (the “Company”), and Tether Investments, S.A. de C.V., a Salvadoran Sociedad Anónima de Capital Variable (the “Purchaser”, and together with the Company, the “Parties”).
AMENDED AND RESTATED EQUITY COMMITMENT AGREEMENTEquity Commitment Agreement • December 27th, 2024 • Brookfield Infrastructure Corp • Natural gas transmisison & distribution • Ontario
BROOKFIELD INFRASTRUCTURE HOLDINGS (CANADA) INC. (“Canada HoldCo”), a corporation existing under the laws of the Province of Ontario
EQUITY COMMITMENT AGREEMENTEquity Commitment Agreement • November 5th, 2015 • Globalstar, Inc. • Communications services, nec • Delaware
This Equity Commitment Agreement (this "Agreement"), dated as of August 7, 2015, is entered into between Globalstar, Inc. ("Globalstar") and Thermo Funding Company LLC ("Thermo").
EQUITY COMMITMENTEquity Commitment Agreement • July 6th, 2020 • Brookfield Asset Management Inc. • Operators of nonresidential buildings • Ontario
NOW THEREFORE in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged), the parties hereto agree as follows:
EQUITY COMMITMENT AGREEMENTEquity Commitment Agreement • March 5th, 2014 • Exterran Holdings Inc. • Services-equipment rental & leasing, nec • Texas
This Equity Commitment Agreement (this “Agreement”) is made and entered into as of February 27, 2014 (the “Execution Date”) by and between Exterran Holdings, Inc., a Delaware corporation (“EXH”), and Exterran Partners, L.P., a Delaware limited partnership (“EXLP”). Capitalized terms used but not defined in this Agreement shall have the respective meanings assigned to them in that certain Purchase and Sale Agreement (the “PSA”), dated as of the Execution Date, by and between EXLP Operating LLC, a Delaware limited liability company and a subsidiary of EXLP (“Operating”), and MidCon Compression, L.L.C., an Oklahoma limited liability company (“MidCon”).
EQUITY COMMITMENT AGREEMENTEquity Commitment Agreement • December 22nd, 2009 • New York
Subject to the approval of this Equity Commitment Agreement (this “Agreement”) by the Bankruptcy Court (as defined below), Tronox Incorporated, a Delaware corporation (as a debtor-in-possession and a reorganized debtor, as applicable, the “Company”), proposes to implement a plan of reorganization (the “Plan”), pursuant to which, inter alia, a newly formed, wholly-owned subsidiary of the Company (“New Tronox”) will offer and sell shares of its new common stock, par value $0.01 per share (the “New Common Stock”), pursuant to a rights offering (the “Rights Offering”) whereby each holder of Senior Notes (as defined below) and any other holder of an allowed unsecured claim against the Debtors (other than Environmental Claims) (each, a “Claim”), who is an institutional “accredited investor,” as such term is defined in Rule 501(a) under the Securities Act of 1933, as amended (the “Securities Act”), and who holds a Claim in excess of $25,000 (each, an “Eligible Holder”), as of the date (the “R
FIRST AMENDMENT TO THE EQUITY COMMITMENT AGREEMENTEquity Commitment Agreement • June 21st, 2010 • Goldman Sachs Group Inc • Security brokers, dealers & flotation companies
This First Amendment (this “Amendment”), dated as of June 13, 2010, is made and entered into by and among Visteon Corporation (as debtor-in-possession and a reorganized debtor, as applicable, the “Company”) and the Investors whose signatures are set forth below (the “Amending Investors”). Capitalized terms used and not otherwise defined herein have the meanings set forth in the Equity Commitment Agreement (as defined below).
EQUITY COMMITMENT AGREEMENTEquity Commitment Agreement • January 30th, 2006 • Usg Corp • Concrete, gypsum & plaster products • Delaware
This Registration Rights Agreement (this “Agreement”), dated as of January 30, 2006, is made by and between USG Corporation, a Delaware corporation (as debtor in possession and a reorganized debtor, as applicable, the “Company”), and Berkshire Hathaway Inc., a Delaware corporation (the “Investor”).
AMENDMENT TO EQUITY COMMITMENT AGREEMENTEquity Commitment Agreement • August 30th, 2019 • Infrastructure & Energy Alternatives, Inc. • Blank checks
This Amendment, dated as of August 30, 2019 (this “Amendment”), to the Equity Commitment Agreement, dated as of August 13, 2019 (the “Equity Commitment Agreement”), is entered into by and among (i) Infrastructure and Energy Alternatives, Inc., a Delaware corporation (the “Company”), (ii) each Commitment Party (as defined in the Equity Commitment Agreement), (iii) Oaktree Power Opportunities Fund III Delaware, L.P., a Delaware limited partnership, (iv) Infrastructure and Energy Alternatives, LLC, a Delaware limited liability company and (v) OT POF IEA Preferred B Aggregator, L.P., a Delaware limited partnership. Capitalized terms used herein and not defined herein have the meanings set forth in the Equity Commitment Agreement.
EQUITY COMMITMENT AGREEMENT by and among SYMS CORP., MARCY SYMS, LAURA MERNS LIVING TRUST MARCY SYMS REVOCABLE LIVING TRUST and THE BACKSTOP PARTIES IDENTIFIED HEREIN Dated as of July 13, 2012Equity Commitment Agreement • July 19th, 2012 • Syms Corp • Retail-family clothing stores • Delaware
This Equity Commitment Agreement (this "Agreement"), dated as of July 13, 2012, is made and entered into by and among (i) Syms Corp., a New Jersey corporation ("Syms"), (ii) Ms. Marcy Syms, an individual ("Ms. Syms"), (iii) the Laura Merns Living Trust, dated February 14, 2003 (the "Laura Merns Living Trust"), (iv) the Marcy Syms Revocable Living Trust, dated January 12, 1990, as amended (together with the Laura Merns Living Trust, the "Trusts") and (v) the backstop parties identified on the signature pages hereof (the "Backstop Parties").
EQUITY COMMITMENT AGREEMENT dated as of August 15, 2008 between ALLEGHENY ENERGY, INC., as Sponsor and UNION BANK OF CALIFORNIA, N.A., as Collateral AgentEquity Commitment Agreement • November 6th, 2008 • Allegheny Energy, Inc • Electric services • New York
This EQUITY COMMITMENT AGREEMENT, dated as of August 15, 2008 (this “Agreement”), by and between ALLEGHENY ENERGY, INC., a corporation organized and existing under the laws of the State of Maryland (the “Sponsor”), and UNION BANK OF CALIFORNIA, N.A., as collateral agent (in such capacity, together with its successors and assigns, the “Collateral Agent”) for the Secured Parties under and as defined in the TrAILCo Credit Agreement, as defined below.
EQUITY COMMITMENT AGREEMENT TRICO SHIPPING AS (the Issuer) TRICO SUPPLY AS (the Subscriber) AND WILMINGTON TRUST FSB (the Collateral Agent) Oslo • Bergen • London • Singapore • Shanghai • KobeEquity Commitment Agreement • November 5th, 2009 • Trico Marine Services Inc • Water transportation • Oslo
AMENDMENT NO. 1 TO EQUITY COMMITMENT AGREEMENTEquity Commitment Agreement • February 28th, 2006 • Usg Corp • Concrete, gypsum & plaster products • Delaware
Reference is hereby made to the Equity Commitment Agreement, dated as of January 30, 2006 (the “Equity Commitment Agreement”), by and between you and USG Corporation. All capitalized terms used but not defined herein have the meanings given to them in the Equity Commitment Agreement.