Execution Version CUSTODIAN AGREEMENT THIS AGREEMENT, dated as of November 18, 2015, between GALLERY TRUST, a management investment company organized under the laws of the State of Delaware and registered with the Commission under the Investment...Execution Version • January 27th, 2016 • Gallery Trust • New York
Contract Type FiledJanuary 27th, 2016 Company Jurisdiction
VOTING AGREEMENTExecution Version • April 29th, 2011 • Goldman Sachs Group Inc • Security brokers, dealers & flotation companies • New York
Contract Type FiledApril 29th, 2011 Company Industry JurisdictionAGREEMENT, dated as of April 20, 2011 between Enstar Group Limited, a Bermuda exempted company (the “Company”), and T. Whit Armstrong (“Shareholder”).
ContractExecution Version • February 14th, 2018 • Reynolds Group Holdings LTD • Plastics, foil & coated paper bags
Contract Type FiledFebruary 14th, 2018 Company IndustryTRADEMARK SECURITY AGREEMENT dated as of March 20, 2012 (this “Agreement”), between Graham Packaging PET Technologies Inc. (the “U.S. Grantor”) and The Bank of New York Mellon, as collateral agent (in such capacity, the “Collateral Agent”).
AGREEMENT BETWEEN NOTEHOLDERS Dated as of August 28, 2020 by and among GOLDMAN SACHS BANK USA (Initial Note A-1 Holder), GOLDMAN SACHS BANK USA (Initial Note A-2 Holder) and GOLDMAN SACHS BANK USA (Initial Note A-3 Holder) Amazon Industrial PortfolioExecution Version • August 28th, 2020 • DBJPM 2020-C9 Mortgage Trust • Asset-backed securities
Contract Type FiledAugust 28th, 2020 Company Industry
Execution Version THIRD AMENDED AND RESTATED FLOW MORTGAGE LOAN SALE AND SERVICING AGREEMENTExecution Version • July 14th, 2006 • Lehman XS Trust Series 2006-10n • Asset-backed securities • New York
Contract Type FiledJuly 14th, 2006 Company Industry Jurisdiction
ContractExecution Version • October 1st, 2018 • Tenneco Inc • Motor vehicle parts & accessories • New York
Contract Type FiledOctober 1st, 2018 Company Industry JurisdictionASSUMPTION AGREEMENT, dated as of July 30, 2018, made by Federal-Mogul Products Company LLC and Federal-Mogul Ignition LLC (each, an “Additional Grantor” and together, the “Additional Grantors”), in favor of Bank of America, N.A. (the “Collateral Trustee”), not individually but solely as Collateral Trustee under the Collateral Agreement, dated as of June 29, 2017 (as amended, supplemented or otherwise modified from time to time, the “Collateral Agreement”), among Federal-Mogul LLC, a Delaware limited liability company (“Company”), the Subsidiaries of Company parties thereto and the Collateral Trustee.
BRIXMOR PROPERTY GROUP INC. 20,000,000 Shares Common Stock ($0.01 par value) UNDERWRITING AGREEMENTExecution Version • July 1st, 2016 • Brixmor Operating Partnership LP • Real estate investment trusts • New York
Contract Type FiledJuly 1st, 2016 Company Industry JurisdictionBrixmor Property Group Inc., a corporation organized under the laws of the State of Maryland (the “Company”), Brixmor Operating Partnership L.P., a Delaware Limited Partnership, and each of the Selling Stockholders named in Schedule II hereto (collectively, the “Selling Stockholders”) confirm their respective agreements with you and each of the other Underwriters named in Schedule I hereto (collectively, the “Underwriters”), for whom you (the “Representatives”) are acting as representatives, with respect to the sale by the Selling Stockholders, and the purchase by the Underwriters, acting severally and not jointly, of 20,000,000 shares of common stock, $0.01 par value per share (“Common Stock”) of the Company (said shares to be sold by the Selling Stockholders being hereinafter called the “Securities”).
ContractExecution Version • March 5th, 2004 • Gmi Merger Corp • Knitting mills • Delaware
Contract Type FiledMarch 5th, 2004 Company Industry JurisdictionSUPPORT AGREEMENT (this "Agreement"), dated as of February 27, 2004, by and among GMI Holding Corporation, a Delaware corporation ("Parent"), GMI Merger Corporation, a Delaware corporation ("Purchaser"), and The Prudential Insurance Company of America, a New Jersey corporation ("Stockholder").
ContractExecution Version • November 9th, 2020 • Entercom Communications Corp • Radio broadcasting stations • New York
Contract Type FiledNovember 9th, 2020 Company Industry JurisdictionAMENDMENT NO. 5, dated as of July 20, 2020 (this “Amendment”), to the Credit Agreement, dated as of October 17, 2016 (as amended, restated, modified or otherwise supplemented prior to the date hereof, the “Existing Credit Agreement”; the Existing Credit Agreement as amended by this Amendment, the “Credit Agreement”), by and among ENTERCOM MEDIA CORP. (formerly known as CBS RADIO INC.), a Delaware corporation (“Borrower”), each of the GUARANTORS party thereto, the LENDERS and L/C ISSUERS party thereto from time to time and JPMORGAN CHASE BANK, N.A., as administrative agent (the “Administrative Agent”) and as Collateral Agent (the “Collateral Agent”). Capitalized terms used but not defined herein shall have the meanings assigned to such terms in the Credit Agreement.
BURLINGTON STORES, INC. 8,000,000 Shares of Common Stock Underwriting AgreementExecution Version • December 16th, 2014 • Burlington Stores, Inc. • Retail-department stores • New York
Contract Type FiledDecember 16th, 2014 Company Industry JurisdictionCertain stockholders named in Schedule 1 hereto (the “Selling Stockholders”) of Burlington Stores, Inc., a Delaware corporation (the “Company”), propose to issue and sell to J.P. Morgan Securities LLC (the “Underwriter”), an aggregate of 8,000,000 shares of common stock, par value $0.0001 per share, of the Company (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”.
CEI UNSECURED GUARANTYExecution Version • March 26th, 2004 • Cogentrix Energy Inc • Electric services • New York
Contract Type FiledMarch 26th, 2004 Company Industry JurisdictionGUARANTY (this “Guaranty”), dated as of February 26, 2004, made by Cogentrix Energy, Inc., a Delaware corporation (the “Guarantor”), in favor of the Guarantied Parties referred to below.
ABFS MORTGAGE LOAN WAREHOUSE TRUST 2000-2, as Issuer andExecution Version • October 24th, 2003 • American Business Financial Services Inc /De/ • Mortgage bankers & loan correspondents • New York
Contract Type FiledOctober 24th, 2003 Company Industry Jurisdiction
Execution VersionExecution Version • March 5th, 2015 • Cdi Corp • Services-help supply services • Pennsylvania
Contract Type FiledMarch 5th, 2015 Company Industry JurisdictionThis EMPLOYMENT AGREEMENT (the “Agreement”) is entered into as of the 20th day of October, 2014 between CDI Corporation, a Pennsylvania corporation (the “Company”), and Michael S. Castleman (“Executive”). The date on which Executive’s employment with the Company commences, which Executive agrees is required to occur no later than October 28, 2014, is referred to herein as the “Start Date.”
ALNYLAM PHARMACEUTICALS, INC. 5,000,000 Shares of Common Stock Underwriting AgreementExecution Version • January 15th, 2019 • Alnylam Pharmaceuticals, Inc. • Pharmaceutical preparations • New York
Contract Type FiledJanuary 15th, 2019 Company Industry JurisdictionAlnylam Pharmaceuticals, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several underwriters listed in Schedule I hereto (the “Underwriters”), for whom Barclays Capital Inc. is acting as representative (the “Representative”), an aggregate of 5,000,000 shares of common stock, par value $0.01 per share, of the Company (the “Underwritten Shares”) and, at the option of the Underwriters, up to an additional 750,000 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”. To the extent there are no additional Underwriters listed in Schedule I hereto, all references herein to the Underwriters shall refer just to you.
AGREEMENT BETWEEN NOTE HOLDERS Dated as of December 22, 2020 by and between MORGAN STANLEY BANK, N.A., (Initial Note A-1 Holder) MORGAN STANLEY BANK, N.A. (Initial Note A-2 Holder) and MORGAN STANLEY MORTGAGE CAPITAL HOLDINGS LLC (Initial Agent)...Execution Version • February 11th, 2021 • Bank 2021-Bnk31 • Asset-backed securities
Contract Type FiledFebruary 11th, 2021 Company IndustryAgreement ” ), dated as of December 22, 2020 by and between MORGAN STANLEY BANK, N.A. ( “ MSBNA ” and, together with its successors and assigns in interest , in its capacity as initial owner of Note A-1 described below, the “ Initial Note A-1 Holder ” ), MSBNA ( together with its successors and assigns in interest , in its capacity as initial owner of Note A-2 described below, the “ Initial Note A-2 Holder ” ; the Initial Note A-1 Holder and the Initial Note A-2 Holder are referred to collectively herein as the “ Initial Note Holders ” ) and MORGAN STANLEY MORTGAGE CAPITAL HOLDINGS LLC ( “ MSMCH ” and, in its capacity as initial agent, the “ Initial Agent ” ).
RECITALS:Execution Version • January 16th, 2008 • Goamerica Inc • Radiotelephone communications • New York
Contract Type FiledJanuary 16th, 2008 Company Industry Jurisdiction
ContractExecution Version • January 10th, 2017 • OCI Partners LP • Chemicals & allied products
Contract Type FiledJanuary 10th, 2017 Company IndustryThis AMENDMENT NO. 6, dated as of January 4, 2017 (this “Amendment”), among OCI BEAUMONT LLC, a Texas limited liability company (the “Borrower”), OCI PARTNERS LP, a Delaware limited partnership (the “MLP”), BANK OF AMERICA, N.A., as administrative agent (in such capacity, together with its successors, the “Administrative Agent”), and BANK OF AMERICA, N.A., as a Lender, amends that certain Revolving Credit Agreement dated as of April 4, 2014 (as amended by Amendment No. 1 dated as of June 13, 2014, Amendment No. 2 dated as of March 12, 2015, Amendment No. 3 and Waiver dated as of October 16, 2015, Amendment No. 4 dated as of March 11, 2016 and Amendment No. 5 dated as of March 17, 2016 and as further amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), entered into among the Borrower, the MLP, the institutions from time to time party thereto as Lenders (the “Lenders”), the Administrative Agent and the other agents and arrangers named therein. Capitaliz
ContractExecution Version • October 7th, 2010 • Terex Corp • Industrial trucks, tractors, trailors & stackers • New York
Contract Type FiledOctober 7th, 2010 Company Industry JurisdictionAMENDMENT NO. 5 dated as of October 4, 2010 (this “Amendment”), to the CREDIT AGREEMENT dated as of July 14, 2006, as amended by AMENDMENT NO. 1 dated as of January 11, 2008, AMENDMENT NO. 2 dated as of February 24, 2009, AMENDMENT NO. 3 dated as of May 27, 2009 and AMENDMENT NO. 4 dated as of January 14, 2010 (as so amended, the “Credit Agreement”), among TEREX CORPORATION, a Delaware corporation (“Terex”), NEW TEREX HOLDINGS UK LIMITED, a limited company organized under the laws of England (the “U.K. Borrower”), TEREX INTERNATIONAL FINANCIAL SERVICES COMPANY, a company organized under the laws of the Republic of Ireland (the “European Borrower”), TEREX LIFTING AUSTRALIA PTY LTD, a company organized under the laws of Australia and registered in Queensland, Australia (the “Australian Borrower”), and TEREX ITALIA S.R.L., a company organized under the laws of the Republic of Italy (the “Italian Borrower” and, together with Terex, the U.K. Borrower, the European Borrower, and the Australi
ContractExecution Version • February 14th, 2018 • Reynolds Group Holdings LTD • Plastics, foil & coated paper bags
Contract Type FiledFebruary 14th, 2018 Company IndustryTRADEMARK SECURITY AGREEMENT dated as of August 17, 2017 (this “Agreement”), among the grantors listed on Schedule I hereto (the “U.S Grantors”) and The Bank of New York Mellon, as collateral agent (in such capacity, the “Collateral Agent”).
AGREEMENTExecution Version • July 21st, 2022 • Starboard Value LP • Services-prepackaged software • Delaware
Contract Type FiledJuly 21st, 2022 Company Industry JurisdictionThis Agreement (this “Agreement”) is made and entered into as of July 20, 2022 by and among LivePerson, Inc. (the “Company”) and the entities and natural persons set forth in the signature pages hereto (collectively, “Starboard”) (each of the Company and Starboard, a “Party” to this Agreement, and collectively, the “Parties”).
DICE THERAPEUTICS, INC. (a Delaware corporation) 8,219,178 Shares of Common Stock UNDERWRITING AGREEMENTExecution Version • October 13th, 2022 • DICE Therapeutics, Inc. • Pharmaceutical preparations • New York
Contract Type FiledOctober 13th, 2022 Company Industry Jurisdiction
Execution VersionExecution Version • March 30th, 2020 • Venus Concept Inc. • Surgical & medical instruments & apparatus • New York
Contract Type FiledMarch 30th, 2020 Company Industry JurisdictionTHIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR THE SECURITIES LAWS OF ANY STATE AND, EXCEPT AS SET FORTH IN SECTIONS 5.3 AND 5.4 BELOW, MAY NOT BE OFFERED, SOLD, PLEDGED OR OTHERWISE TRANSFERRED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND LAWS OR IN FORM AND SUBSTANCE SATISFACTORY TO THE COMPANY, SUCH OFFER, SALE, PLEDGE OR OTHER TRANSFER IS EXEMPT FROM SUCH REGISTRATION.
ContractExecution Version • March 31st, 2010 • BioScrip, Inc. • Retail-drug stores and proprietary stores • New York
Contract Type FiledMarch 31st, 2010 Company Industry JurisdictionThis INTERCREDITOR AGREEMENT, dated as of March 25, 2010 (this “Agreement”), is between Jefferies Finance LLC, as agent for the First Priority Secured Parties (as defined below) (in such capacity, the “First Priority Agent”), and AmerisourceBergen Drug Corporation, a Delaware corporation (“ABDC”).
ContractExecution Version • November 14th, 2016 • Delta Tucker Holdings, Inc. • Airports, flying fields & airport terminal services • New York
Contract Type FiledNovember 14th, 2016 Company Industry JurisdictionAMENDMENT No. 6, dated as of August 22, 2016 (this “Amendment”), to the Credit Agreement dated as of July 7, 2010, among DYNCORP INTERNATIONAL INC., a Delaware corporation (the “Borrower”), Delta Tucker Holdings, Inc., a Delaware corporation (“Holdings”), the other Guarantors party thereto, the several banks and other financial institutions or entities from time to time parties to the Credit Agreement (the “Lenders”), BANK OF AMERICA, N.A., as Administrative Agent (the “Administrative Agent”), Collateral Agent, L/C Issuer and Swing Line Lender and the other parties thereto (as amended and restated as of June 15, 2016 pursuant to that certain Amendment No. 5 and Waiver to Credit Agreement dated as of April 30, 2016 and as further amended, restated, modified and supplemented from time to time, the “Credit Agreement”); capitalized terms used and not otherwise defined herein shall have the meanings assigned to such terms in the Credit Agreement.
ContractExecution Version • February 14th, 2018 • Reynolds Group Holdings LTD • Plastics, foil & coated paper bags • New York
Contract Type FiledFebruary 14th, 2018 Company Industry JurisdictionTRADEMARK SECURITY AGREEMENT dated as of April 9, 2013 (this “Agreement”), between Spirit Foodservice, Inc. (the “U.S. Grantor”) and The Bank of New York Mellon, as collateral agent (in such capacity, the “Collateral Agent”).
EXECUTION VERSIONExecution Version • February 14th, 2014 • Shutterfly Inc • Services-photofinishing laboratories • New York
Contract Type FiledFebruary 14th, 2014 Company Industry JurisdictionINCREMENTAL COMMITMENT AGREEMENT (this“Agreement”) dated as of December 6, 2013, among the financial institutions executing this Agreement as INCREMENTAL LENDERS (collectively, the “Incremental Lenders”), SHUTTERFLY, INC., a Delaware corporation (the “Borrower”), and JPMORGAN CHASE BANK, N.A., as Administrative Agent.
AGREEMENTExecution Version • June 24th, 2022 • Starboard Value LP • Electronic components & accessories • Massachusetts
Contract Type FiledJune 24th, 2022 Company Industry JurisdictionThis Agreement (this “Agreement”) is made and entered into as of June 23, 2022, by and among Mercury Systems, Inc., a Massachusetts corporation (the “Company”), and the entities and natural persons set forth on the signature pages hereto (collectively, “Starboard”) (each of the Company and Starboard, a “Party” to this Agreement, and collectively, the “Parties”).
SUBSIDIARY GUARANTYExecution Version • March 26th, 2004 • Cogentrix Energy Inc • Electric services • New York
Contract Type FiledMarch 26th, 2004 Company Industry JurisdictionGUARANTY (this “Guaranty”), dated as of February 26, 2004, made by each of the Persons named as a guarantor on the signature pages hereto (each, a “Guarantor” and collectively, the “Guarantors”), in favor of the Guarantied Parties referred to below.
EXECUTION VERSION SUPPORT AGREEMENT (this "Agreement"), dated as of February 27, 2004, by and among GMI Holding Corporation, a Delaware corporation ("Parent"), GMI Merger Corporation, a Delaware corporation ("Purchaser"), and The Prudential Insurance...Execution Version • March 1st, 2004 • Guilford Mills Inc • Knitting mills • Delaware
Contract Type FiledMarch 1st, 2004 Company Industry Jurisdiction
INDENTURE Dated as of April 12, 2011 Among OPPENHEIMER HOLDINGS INC., THE SUBSIDIARY GUARANTORS NAMED ON THE SIGNATURE PAGES HERETO, THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Trustee and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as...Execution Version • May 5th, 2011 • Oppenheimer Holdings Inc • Security brokers, dealers & flotation companies • New York
Contract Type FiledMay 5th, 2011 Company Industry JurisdictionINDENTURE, dated as of April 12, 2011, among Oppenheimer Holdings Inc., a Delaware corporation (the “Company”), the Subsidiary Guarantors (as defined herein) listed on the signature pages hereto and The Bank of New York Mellon Trust Company, N.A., a national banking association, as Trustee and as Collateral Agent.
ContractExecution Version • March 30th, 2010 • PNG Ventures Inc • Crude petroleum & natural gas • Nevada
Contract Type FiledMarch 30th, 2010 Company Industry JurisdictionSHAREHOLDERS’ AGREEMENT (this “Agreement”) dated as of March 24, 2010, among the Investors (as defined herein) and Applied Natural Gas Fuels, Inc., a Nevada corporation (the “Corporation”).
INCREMENTAL AMENDMENTExecution Version • November 2nd, 2020 • Horizon Therapeutics Public LTD Co • Pharmaceutical preparations
Contract Type FiledNovember 2nd, 2020 Company IndustryThis INCREMENTAL AMENDMENT AND LENDER JOINDER AGREEMENT (this “Agreement”), dated as of August 17, 2020, is entered into by and among JPMORGAN CHASE BANK, N.A., as an Incremental Revolving Lender and as an Issuing Bank (in such capacities, the “New Lender”), HORIZON THERAPEUTICS USA, INC., a Delaware corporation (the “Borrower”), and CITIBANK, N.A., as Administrative Agent (in such capacity, together with its successors and assigns, “Administrative Agent”). Capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Credit Agreement (as defined below).
ContractExecution Version • March 13th, 2015 • Pennymac Financial Services, Inc. • Mortgage bankers & loan correspondents • New York
Contract Type FiledMarch 13th, 2015 Company Industry JurisdictionGUARANTY AGREEMENT, dated as of June 26, 2012 (as amended, supplemented, or otherwise modified from time to time, this “Guaranty”), is made by Private National Mortgage Acceptance Company, LLC, a Delaware limited liability company (together with its successors and permitted assigns, the “Guarantor”), in favor of Citibank, N.A. (the “Buyer”, which term shall include Buyer’s successors and assigns, and any buyer for whom any Buyer acts as agent pursuant to the Repurchase Agreement) pursuant to the Repurchase Agreement.
EXECUTIVE EMPLOYMENT AGREEMENTExecution Version • March 19th, 2015 • SeaWorld Entertainment, Inc. • Services-miscellaneous amusement & recreation • Florida
Contract Type FiledMarch 19th, 2015 Company Industry JurisdictionThis EMPLOYMENT AGREEMENT (this “Agreement”) is made and entered into as of this 16th day of March 2015, by and between SeaWorld Entertainment, Inc., a Delaware corporation (the “Company”), and Joel Manby (the “Executive”).
ContractExecution Version • October 1st, 2018 • Tenneco Inc • Motor vehicle parts & accessories • New York
Contract Type FiledOctober 1st, 2018 Company Industry JurisdictionASSUMPTION AGREEMENT, dated as of September 18, 2018, made by Federal-Mogul New Products, Inc. and Federal-Mogul Products US LLC (each, an “Additional Grantor” and together, the “Additional Grantors”), in favor of Bank of America, N.A. (the “Collateral Trustee”), not individually but solely as Collateral Trustee under the Collateral Agreement, dated as of June 29, 2017 (as amended, supplemented or otherwise modified from time to time, the “Collateral Agreement”), among Federal-Mogul LLC, a Delaware limited liability company (“Company”), the Subsidiaries of Company parties thereto and the Collateral Trustee.