Common Contracts
30 similar Letter Agreement contracts by Cision Ltd., Axcella Health Inc., Globant S.A., others
Immunome, Inc. 10,000,000 Shares of Common Stock, par value $0.0001 per share Underwriting AgreementLetter Agreement • February 14th, 2024 • Immunome Inc. • Pharmaceutical preparations • New York
Immunome, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several underwriters listed in Schedule 1 hereto (the “Underwriters”), for whom J.P. Morgan Securities LLC (“JPM”), Cowen and Company LLC (“Cowen”), Leerink Partners LLC (“Leerink Partners”) and Guggenheim Securities, LLC are acting as representatives (each, a “Representative” and together, the “Representatives”), an aggregate of 10,000,000 shares of common stock, par value $0.0001 per share (“Common Stock”), of the Company (collectively, the “Underwritten Shares”). In addition, the Company proposes to issue and sell, at the option of the Underwriters, up to an additional 1,500,000 shares of Common Stock of the Company (collectively, 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”. In the event th
SYROS PHARMACEUTICALS, INC. 4,939,591 shares of common stock, par value $0.001 per share (the “Common Stock”) Pre-Funded Warrants to Purchase 5,242,588 Shares of Common Stock Underwriting AgreementLetter Agreement • December 19th, 2023 • Syros Pharmaceuticals, Inc. • Pharmaceutical preparations • New York
Syros 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 4,939,591 shares (the “Shares”) of Common Stock of the Company (the “Common Stock”) and pre-funded warrants to purchase an aggregate of 5,242,588 shares of Common Stock in a form to be mutually agreed upon by the Company and the Representatives (the “Warrants”). The shares of Common Stock issuable upon exercise of the Warrants are referred to herein as the “Warrant Shares.” The Shares and Warrants are herein referred to as the “Securities.” The shares of Common Stock of the Company to be outstanding after giving effect to the sale of the Shares and the exercise of the Warrants are referred to herein as the “Stock.”
KARAT PACKAGING INC. 1,000,000 shares of common stock, par value $0.001 per share Underwriting AgreementLetter Agreement • September 12th, 2023 • Karat Packaging Inc. • Plastics products, nec • New York
Certain stockholders of Karat Packaging Inc., a Delaware corporation (the “Company”), listed in Schedule 2 hereto (the “Selling Stockholders”) propose to sell to Lake Street Capital Markets, LLC in its capacity as underwriter (the “Underwriter”), an aggregate of 1,000,000 shares of common stock, par value $0.001 per share (the “Common Stock”), of the Company (the “Underwritten Shares”) and, at the option of the Underwriter, up to an additional 150,000 shares of Common Stock (the “Option Shares”); provided, that the Option Shares to be sold to the Underwriter, if any, shall be sold by Marvin Cheng (“Mr. Cheng”), who is one of the Selling Stockholders. The Underwritten Shares and the Option Shares are herein referred to as the “Shares.” The shares of Common Stock to be outstanding after giving effect to the sale of the Shares are referred to herein as the “Stock.”
Terns Pharmaceuticals, Inc. 10,350,000 Shares of Common Stock, Par Value $0.0001 Underwriting AgreementLetter Agreement • December 23rd, 2022 • Terns Pharmaceuticals, Inc. • Pharmaceutical preparations • New York
ImmunoGen, Inc. 11,636,364 Shares of Common Stock, par value $0.01 per share Pre-Funded Warrants to Purchase 27,363,636 Shares of Common Stock Underwriting AgreementLetter Agreement • December 3rd, 2021 • ImmunoGen, Inc. • Pharmaceutical preparations • New York
ImmunoGen, Inc., a Massachusetts 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 11,636,364 shares (the “Underwritten Shares”) of common stock, par value $0.01 per share, of the Company (the “Common Stock”), pre-funded warrants to purchase an aggregate of 27,363,636 shares of Common Stock in the form attached as Exhibit A (the “Warrants”) and, at the option of the Underwriters, up to an additional 5,850,000 shares of Common Stock (the “Option Shares”). The Underwritten Shares and the Warrants are herein referred to as the “Underwritten Securities.” The Underwritten Shares and the Option Shares are herein referred to as the “Shares”. The shares of Common Stock issuable upon exercise of the Warrants are herein referred to as the “Warrant Shares.” The Shares and Warrants are herein referred to as the “Securities.” The sha
Expensify, Inc. [●] Shares of Class A Common Stock, par value $0.0001 per share Underwriting AgreementLetter Agreement • November 1st, 2021 • Expensify, Inc. • Services-prepackaged software • New York
Expensify, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several underwriters listed in Schedule 1 hereto (the “Underwriters”), for whom J.P. Morgan Securities LLC (“J.P. Morgan”), Citigroup Global Markets Inc. (“Citi”) and BofA Securities, Inc. (“BofAS”) are acting as representatives (the “Representatives”), an aggregate of [●] shares of Class A common stock, par value $0.0001 per share (“Class A Common Stock”), of the Company, and certain stockholders of the Company named in Schedule 2 hereto (the “Selling Stockholders”) propose to sell to the several Underwriters an aggregate of [●] shares of Class A Common Stock of the Company (collectively, the “Underwritten Shares”). In addition the Company proposes to issue and sell, at the option of the Underwriters, up to an additional [●] shares of Class A Common Stock of the Company, and the Selling Stockholders propose to sell, at the option of the Underwriters, up to an additional [●] shares of Class A Com
Globant S.A. 1,200,000 Common Shares Underwriting AgreementLetter Agreement • June 1st, 2021 • Globant S.A. • Services-computer processing & data preparation • New York
Globant S.A. (the “Company”), a société anonyme organized under the laws of Luxembourg, having its registered office at 37A Avenue J.F. Kennedy, L-1855, Luxembourg, registered with the Luxembourg Trade and Companies Register under number B 173 727, proposes to issue and sell to the several Underwriters listed in Schedule 1 hereto (the “Underwriters”) who will be subscribing therefor, for whom you are acting as representatives (the “Representatives”), 1,200,000 common shares, nominal value U.S.$1.20 per share (the “Common Shares”) of the Company (the “Underwritten Shares”) and, at the option of the Underwriters, up to an additional 180,000 Common Shares of the Company (the “Option Shares”). The Underwritten Shares and the Option Shares are herein referred to as the “Shares.” The Company hereby confirms its agreement with the several Underwriters concerning the subscription and purchase and issuance and sale of the Shares, as follows:
AMYRIS, INC. 19,047,619 Shares of Common Stock Underwriting AgreementLetter Agreement • April 12th, 2021 • Amyris, Inc. • Industrial organic chemicals • New York
Amyris, 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 7,656,822 shares of common stock, par value $0.0001 per share (“Common Stock”), of the Company, and certain stockholders of the Company named in Schedule 2 hereto (the “Selling Stockholders”) propose to sell to the several Underwriters an aggregate of 11,390,797 shares of Common Stock of the Company (collectively, the “Underwritten Shares”). In addition, the Company proposes to issue and sell, at the option of the Underwriters, up to an additional 1,148,523 shares of Common Stock of the Company, and the Selling Stockholders propose to sell, at the option of the Underwriters, up to an additional 1,708,619 shares of Common of the Company (collectively, the “Option Shares”). The Underwritten Shares and the Option Shares are herein referred to as the
HUMANIGEN, INC. 5,000,000 Shares of common stock, par value $0.001 per share Underwriting AgreementLetter Agreement • April 2nd, 2021 • Humanigen, Inc • Pharmaceutical preparations • New York
Humanigen, 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 5,000,000 shares of common stock, par value $0.001 per share (the “Common Stock”), 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”.
RUBIUS THERAPEUTICS, INC. 6,896,552 Shares of Common Stock Underwriting AgreementLetter Agreement • March 18th, 2021 • Rubius Therapeutics, Inc. • Biological products, (no disgnostic substances) • New York
Rubius Therapeutics, 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 6,896,552 shares of common stock, $0.001 par value per share, of the Company (the “Underwritten Shares”) and, at the option of the Underwriters, up to an additional 1,034,482 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”.
Varonis Systems, Inc. 2,307,693 Shares of Common Stock Underwriting AgreementLetter Agreement • February 12th, 2021 • Varonis Systems Inc • Services-prepackaged software • New York
Varonis Systems, 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 2,307,693 shares of common stock, par value $0.001 per share, of the Company (the “Shares”) and, at the option of the Underwriters, up to an additional 346,153 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”.
TG THERAPEUTICS, INC. 6,320,000 Shares of Common Stock Underwriting AgreementLetter Agreement • December 16th, 2020 • Tg Therapeutics, Inc. • Pharmaceutical preparations • New York
TG Therapeutics, 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 6,320,000 shares of common stock, par value $0.001 per share, of the Company (the “Underwritten Shares”) and, at the option of the Underwriters, up to an additional 948,000 shares of common stock, par value $0.001 per share, 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, par value $0.001 per share, of the Company to be outstanding after giving effect to the sale of the Shares are referred to herein as the “Stock”.
ORMAT TECHNOLOGIES, INC. 4,150,000 Shares of Common Stock Underwriting AgreementLetter Agreement • November 19th, 2020 • Ormat Technologies, Inc. • Electric services • New York
Ormat Technologies, 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 4,150,000 shares of common stock, par value $0.001 per share, of the Company (the “Underwritten Shares”) and, at the option of the Underwriters, up to an additional 622,500 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”.
FuelCell Energy, Inc. 50,025,000 Shares of Common Stock Underwriting AgreementLetter Agreement • October 2nd, 2020 • Fuelcell Energy Inc • Miscellaneous electrical machinery, equipment & supplies • New York
FuelCell Energy, 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 43,500,000 shares of common stock, par value $0.0001 per share, of the Company (the “Underwritten Shares”) and, at the option of the Underwriters, up to an additional 6,525,000 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.”
JEFFERIES LLC HUMANIGEN, INC. 8,000,000 Shares of common stock, par value $0.001 per share Underwriting AgreementLetter Agreement • September 21st, 2020 • Humanigen, Inc • Pharmaceutical preparations • New York
Globant S.A. 2,000,000 Common Shares Underwriting AgreementLetter Agreement • June 9th, 2020 • Globant S.A. • Services-computer processing & data preparation • New York
Globant S.A. (the “Company”), a société anonyme organized under the laws of Luxembourg, having its registered office at 37A Avenue J.F. Kennedy, L-1855, Luxembourg, registered with the Luxembourg Trade and Companies Register under number B 173 727, proposes to issue and sell to the several Underwriters listed in Schedule 1 hereto (the “Underwriters”) who will be subscribing therefor, for whom you are acting as representatives (the “Representatives”), 2,000,000 common shares, nominal value U.S.$1.20 per share (the “Common Shares”) of the Company (the “Underwritten Shares”) and, at the option of the Underwriters, up to an additional 300,000 Common Shares of the Company (the “Option Shares”). The Underwritten Shares and the Option Shares are herein referred to as the “Shares.” The Company hereby confirms its agreement with the several Underwriters concerning the subscription and purchase and issuance and sale of the Shares, as follows:
Underwriting AgreementLetter Agreement • May 11th, 2020 • Axcella Health Inc. • Biological products, (no disgnostic substances) • New York
Axcella Health 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, $0.001 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”.
GENMARK DIAGNOSTICS, INC. 7,253,886 Shares of Common Stock Underwriting AgreementLetter Agreement • May 7th, 2020 • GenMark Diagnostics, Inc. • Surgical & medical instruments & apparatus • New York
GenMark Diagnostics, 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 7,253,886 shares of common stock, par value $0.0001 per share (the “Common Stock”), of the Company (the “Underwritten Shares”) and, at the option of the Underwriters, up to an additional 1,088,082 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”.
Underwriting AgreementLetter Agreement • September 4th, 2019 • Envista Holdings Corp • Dental equipment & supplies • New York
Envista Holdings Corporation, a Delaware corporation (the “Company”), proposes, subject to the terms and conditions set forth in this underwriting agreement (this “Agreement”), 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 [ l ] 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 [ l ] 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.”
Underwriting AgreementLetter Agreement • June 10th, 2019 • Akero Therapeutics, Inc. • Pharmaceutical preparations • New York
Akero Therapeutics, 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 (the “Common Stock”), 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”.
AXCELLA HEALTH, INC. Shares of Common Stock Underwriting AgreementLetter Agreement • April 30th, 2019 • Axcella Health Inc. • Biological products, (no disgnostic substances) • New York
Axcella Health, 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, $0.001 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”.
CISION LTD. 12,000,000 Ordinary Shares Underwriting AgreementLetter Agreement • September 17th, 2018 • Cision Ltd. • Services-prepackaged software • New York
Certain shareholders named in Schedule 2 hereto (the “Selling Shareholders”) of Cision Ltd., a Cayman Islands exempted company (the “Company”), propose to sell to the several underwriters listed in Schedule 1 hereto (the “Underwriters”), for whom you are acting as representatives (the Representatives”), an aggregate of 12,000,000 ordinary shares, par value $0.0001 per share (“Ordinary Shares”), of the Company (the “Underwritten Shares”) and, at the option of the Underwriters, up to an additional 1,800,000 Ordinary Shares of the Company (the “Option Shares”). The Underwritten Shares and the Option Shares are herein referred to as the “Shares”. The Ordinary Shares of the Company to be outstanding after giving effect to the sale of the Shares are referred to herein as the “Stock”.
CISION LTD. 12,000,000 Ordinary Shares Underwriting AgreementLetter Agreement • June 15th, 2018 • Cision Ltd. • Services-prepackaged software • New York
Certain shareholders named in Schedule 2 hereto (the “Selling Shareholders”) of Cision Ltd., a Cayman Islands exempted company (the “Company”), propose to sell to the several underwriters listed in Schedule 1 hereto (the “Underwriters”), for whom you are acting as representative (the “Representative”), an aggregate of 12,000,000 ordinary shares, par value $0.0001 per share (“Ordinary Shares”), of the Company (the “Underwritten Shares”) and, at the option of the Underwriters, up to an additional 1,800,000 Ordinary Shares of the Company (the “Option Shares”). The Underwritten Shares and the Option Shares are herein referred to as the “Shares”. The Ordinary Shares of the Company to be outstanding after giving effect to the sale of the Shares are referred to herein as the “Stock”.
CISION LTD. 5,750,000 Ordinary Shares Underwriting AgreementLetter Agreement • March 21st, 2018 • Cision Ltd. • Services-prepackaged software • New York
Certain shareholders named in Schedule 2 hereto (the “Selling Shareholders”) of Cision Ltd., a Cayman Islands exempted company (the “Company”), propose to sell to the several underwriters listed in Schedule 1 hereto (the “Underwriters”), for whom you are acting as representatives (the “Representatives”), an aggregate of 5,750,000 ordinary shares, par value $0.0001 per share (“Ordinary Shares”), of the Company (the “Underwritten Shares”) and, at the option of the Underwriters, up to an additional 862,500 Ordinary Shares of the Company (the “Option Shares”). The Underwritten Shares and the Option Shares are herein referred to as the “Shares”. The Ordinary Shares of the Company to be outstanding after giving effect to the sale of the Shares are referred to herein as the “Stock”.
The Michaels Companies, Inc. 12,000,000 Shares of Common Stock Underwriting AgreementLetter Agreement • December 14th, 2016 • Michaels Companies, Inc. • Retail-hobby, toy & game shops • New York
Certain stockholders named in Schedule 2 hereto (the “Selling Stockholders”) of The Michaels Companies, Inc., a Delaware corporation (the “Company”), propose to sell to the Underwriters listed in Schedule 1 hereto (the “Underwriters”), an aggregate of 12,000,000 shares of common stock, par value $0.067751 per share (the “Common Stock”), of the Company (the “Shares”). The shares of Common Stock to be outstanding after giving effect to the sale of the Shares are referred to herein as the “Stock”. In the event only one underwriter is listed in Schedule 1 hereto, any references in this Agreement to the “Underwriters” shall be deemed to refer to the sole underwriter in the singular form listed in such Schedule 1.
Q2 Holdings, Inc. 3,798,996 Shares of Common Stock Underwriting AgreementLetter Agreement • September 23rd, 2015 • Q2 Holdings, Inc. • Services-prepackaged software • New York
Q2 Holdings, 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 853,409 shares of Common Stock, par value $ 0.0001 per share, of the Company, and certain stockholders of the Company named in Schedule 2 hereto (the “Selling Stockholders”) propose to sell to the several Underwriters an aggregate of 2,945,587 shares of Common Stock of the Company (collectively with the shares to be sold by the Company, the “Underwritten Shares”). In addition, the Selling Stockholders propose to sell, at the option of the Underwriters, up to an additional 569,850 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 t
OXFORD IMMUNOTEC GLOBAL PLC 4,255,319 Ordinary Shares Underwriting AgreementLetter Agreement • February 4th, 2015 • Oxford Immunotec Global PLC • In vitro & in vivo diagnostic substances • New York
Oxford Immunotec Global PLC, a public limited company incorporated under the laws of England and Wales (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 4,255,319 ordinary shares, £0.006705 nominal value per share, of the Company (the “Underwritten Shares”). In addition, solely for the purpose of covering overallotments, the Company proposes to issue and sell, at the option of the Underwriters, up to an additional 638,297 ordinary shares of the Company (the “Option Shares”). The Underwritten Shares and the Option Shares are herein referred to as the “Shares.” The ordinary shares of the Company to be outstanding after giving effect to the sale of the Shares are referred to herein as the “Ordinary Shares.”
Central European Media Enterprises Ltd. 54,436,582 shares of Class A Common Stock Underwriting AgreementLetter Agreement • May 8th, 2013 • Central European Media Enterprises LTD • Television broadcasting stations • New York
Central European Media Enterprises Ltd., a company organized under the laws of Bermuda (the “Company”), proposes to issue and sell to the several Underwriters listed in Schedule 1 hereto (the “Underwriters”), for whom you are acting as representative (the “Representative”), 54,436,582 shares of Class A Common Stock, par value $0.08 per share (the “Class A Common Stock”), of the Company (the “Underwritten Shares”) and, at the option of the Underwriters, up to an additional 5,443,658 shares of Class A 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 Class A Common Stock of the Company to be outstanding after giving effect to the sale of the Shares are herein referred to as the “Stock”.
Smith International, Inc. 28,000,000 Shares of Common Stock Underwriting AgreementLetter Agreement • November 23rd, 2009 • Smith International Inc • Oil & gas field machinery & equipment • New York
Smith International, 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 representative (the “Representative”), an aggregate of 28,000,000 shares of Common Stock, par value $1.00 per share, of the Company (the “Underwritten Shares”) and, at the option of the Underwriters, up to an additional 4,200,000 shares of Common Stock, par value $1.00 per share, 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, par value $1.00 per share, of the Company to be outstanding after giving effect to the sale of the Shares are referred to herein as the “Stock”. The Stock, including the Shares, will have attached thereto rights (the “Rights”) to purchase one share of junior participating preferred stock, par value $1.00 per share, of the Company (the “Preferred Stock”) for each Sha
MB FINANCIAL, INC. 10,937,500 Shares of Common Stock, par value $0.01 per share Underwriting AgreementLetter Agreement • September 16th, 2009 • Mb Financial Inc /Md • Savings institution, federally chartered • New York
MB Financial, Inc., a Maryland 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 representative (the “Representative”), an aggregate of 10,937,500 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 1,640,625 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”.
