Material Agreements

BEAZER HOMES USA INC amended Amendment to Credit Agreement with JPMorgan Chase Bank, N.A., as an issuing lender and administrative agent (effective 2024-03-15).

“On March 15, 2024, the Company executed an amendment (the “Amendment”) to the Credit Agreement, dated as of October 13, 2022, among the Company, the several lenders from time to time parties thereto and JPMorgan Chase Bank, N.A., as an issuing lender and administrative agent (as amended on and prior to March 15, 2024, the “Credit Agreement”).”

BEAZER HOMES USA INC entered into Indenture with Regions Bank, as trustee, and the Guarantors valued at $250 million (effective 2024-03-15).

“On March 15, 2024, Beazer Homes USA, Inc. (the “Company”) issued and sold $250 million aggregate principal amount of its 7.500% Senior Notes due 2031 (the “Notes”) through a private placement”

UFP TECHNOLOGIES INC amended Amendment with Intuitive Surgical SARL valued at approximately $500 million (effective 2024-03-18).

“On March 18, 2024, through a wholly-owned subsidiary, UFP Technologies, Inc. (“UFP” or the “Company”) and Intuitive Surgical SARL, one of the Company’s strategic medical customers (the “Customer”), entered into that certain amendment (the “Amendment”) to the manufacturing supply agreement dated April 25, 2014 as amended”

QUICKLOGIC Corp entered into Common Stock Purchase Agreements with certain institutional investors and their affiliated entities valued at gross proceeds of approximately $3.56 million (effective 2024-03-13).

“On March 13, 2024, QuickLogic Corporation (the “Company”) entered into Common Stock Purchase Agreements with certain institutional investors and their affiliated entities for the sale of an aggregate of 222,500 shares of common stock, par value $0.001 (the “Common Stock”), in a registered direct offering.”

CLEVELAND-CLIFFS INC. entered into Indenture with U.S. Bank Trust Company, National Association valued at $825,000,000 aggregate principal amount of 7.000% senior unsecured guaranteed notes due 2032 (effective 2024-03-18).

“On March 18, 2024, Cleveland-Cliffs Inc. (the “Company”) issued $825,000,000 aggregate principal amount of 7.000% senior unsecured guaranteed notes due 2032 (the “Notes”) in a private transaction exempt from the registration requirements of the Securities Act of 1933 (the “Securities Act”).”

INTRUSION INC entered into Exchange Agreement with Streeterville Capital, LLC (effective 2024-03-15).

“On March 15, 2024, Intrusion Inc. (the “Company”), entered into and closed an Exchange Agreement with Streeterville Capital, LLC (“Streeterville”).”

IPALCO ENTERPRISES, INC. entered into Seventy-Second Supplemental Indenture dated March 1, 2024 with The Bank of New York Mellon Trust Company, N.A. valued at $650 million aggregate principal amount of 5.700% First Mortgage Bonds due 2054 (effective 2024-03-18).

“IPALCO has entered into a Pledge Agreement Supplement with The Bank of New York Mellon Trust Company, N.A., as successor collateral agent (the “Collateral Agent”), dated March 14, 2024 (the “Pledge Agreement Supplement”), to the Pledge Agreement between IPALCO and The Bank of New York Mellon Trust Company, N.A., as successor to Bank One, National Association, dated November 14, 2001, as supplemented by a Pledge Agreement Supplement dated June 25, 2015, a Pledge Agreement Supplement dated August 22, 2017, a Pledge Agreement Supplement dated October 31, 2018, and a Pledge Agreement Supplement dated April 14, 2020, each by IPALCO in favor of the Collateral Agent.”

IPALCO ENTERPRISES, INC. entered into Registration Rights Agreement dated March 14, 2024 with J.P. Morgan Securities LLC, PNC Capital Markets LLC and U.S. Bancorp Investments, Inc. valued at Registration rights agreement for exchange offer of the Notes (effective 2024-03-14).

“IPALCO has also agreed to file a registration statement with respect to a registered offer to exchange the Notes for new exchange notes, which will have terms substantially identical in all material respects to the Notes (except that the new exchange notes will not contain terms with respect to transfer restrictions and additional interest) under the Securities Act, with the Securities and Exchange Commission pursuant to a Registration Rights Agreement, dated as of March 14, 2024 (the “Registration Rights Agreement”), among IPALCO and J.P. Morgan Securities LLC, PNC Capital Markets LLC and U.S. Bancorp Investments, Inc., as representatives of the initial purchasers of the Notes.”

IPALCO ENTERPRISES, INC. entered into Pledge Agreement Supplement dated March 14, 2024 with The Bank of New York Mellon Trust Company, N.A. valued at Pledge agreement supplement to secure the Notes (effective 2024-03-14).

“IPALCO has entered into a Pledge Agreement Supplement with The Bank of New York Mellon Trust Company, N.A., as successor collateral agent (the “Collateral Agent”), dated March 14, 2024 (the “Pledge Agreement Supplement”), to the Pledge Agreement between IPALCO and The Bank of New York Mellon Trust Company, N.A., as successor to Bank One, National Association, dated November 14, 2001, as supplemented by a Pledge Agreement Supplement dated June 25, 2015, a Pledge Agreement Supplement dated August 22, 2017, a Pledge Agreement Supplement dated October 31, 2018, and a Pledge Agreement Supplement dated April 14, 2020, each by IPALCO in favor of the Collateral Agent.”

IPALCO ENTERPRISES, INC. entered into Indenture dated March 14, 2024 with U.S. Bank Trust Company, National Association valued at $400 million aggregate principal amount of 5.750% senior secured notes due 2034 (effective 2024-03-14).

“On March 14, 2024, IPALCO Enterprises, Inc. (“IPALCO”) completed its previously announced sale of $400 million aggregate principal amount of 5.750% senior secured notes due 2034 (the “Notes”) pursuant to Rule 144A and Regulation S under the Securities Act of 1933, as amended (the “Securities Act”).”

AVIS BUDGET GROUP, INC. entered into Series 2024-3 Supplement with The Bank of New York Mellon Trust Company, N.A. valued at $700 million (effective 2024-03-12).

“etween ABRCF and The Bank of New York Mellon Trust Company, N.A., as trustee and Series 2024-2 Agent (the “Series 2024-2 Supplement”),”

AVIS BUDGET GROUP, INC. entered into Series 2024-2 Supplement with The Bank of New York Mellon Trust Company, N.A. valued at $400 million (effective 2024-03-12).

“The notes were issued under the Series 2024-2 Supplement, dated as of the Closing Date, between ABRCF and The Bank of New York Mellon Trust Company, N.A., as trustee and Series 2024-2 Agent (the “Series 2024-2 Supplement”),”

nCino, Inc. amended Second Amendment with Bank of America, N.A. valued at $100,000,000 (effective 2024-03-17).

“On March 17, 2024, nCino, Inc. (the “Company”) entered into a Second Amendment (the “Amendment”), by and among the Company, nCino OpCo, Inc. (the “Borrower”), certain subsidiaries of the Company as guarantors and Bank of America, N.A., as lender (the “Lender”), which amended that certain Credit Agreement (the “Credit Agreement”), dated as of February 11, 2022, by and among the Company, the Borrower, certain subsidiaries of the Company as guarantors and the Lender, pursuant to which the Lender is providing to the Borrower a senior secured revolving credit facility of up to $100,000,000 (the “Credit Facility”).”

Eightco Holdings Inc. amended Seller Notes Amendment with the Sellers valued at (i) forgiveness of approximately $3.0 million of accrued interest, (ii) conversion of approximately (effective 2024-03-17).

“On March 17, 2024, the Company entered into an agreement to amend certain provisions of the Seller Notes (the “ Seller Notes Amendment ”).”

Eightco Holdings Inc. entered into Intercreditor Agreement with lenders party thereto and the collateral agent for such lenders valued at in connection with Series D Agreement (effective 2024-03-15).

“Forever 8 additionally entered into an Intercreditor Agreement (the “ Intercreditor Agreement ”) with the lenders party thereto and the collateral agent for such lenders.”

Eightco Holdings Inc. entered into Subordination Agreement with each of the Lenders, the several individuals, financial institutions or entities from time to time party thereto (collectively, the “ Senior Lenders ”) and the collateral agent for the Senior Lenders valued at in connection with Series D Agreement (effective 2024-03-15).

“In connection with the Series D Agreement, on March 15, 2024, Forever 8 also entered into a Subordination Agreement (the “ Subordination Agreement ”) with each of the Lenders, the several individuals, financial institutions or entities from time to time party thereto (collectively, the “ Senior Lenders ”) and the collateral agent for the Senior Lenders.”

Eightco Holdings Inc. entered into Series D Loan and Security Agreement with lenders party thereto from time to time valued at $5,000,000 (effective 2024-03-15).

“On March 15, 2024, Forever 8 Fund, LLC (“ Forever 8 ”), a wholly owned subsidiary of Eightco Holdings Inc. (the “ Company ”), entered into the Series D Loan and Security Agreement (the “ Series D Agreement ”), with the lenders party thereto from to time (collectively, the “ Lenders ”) for an amount of up to $5,000,000.”

TLGY ACQUISITION CORP terminated Sponsor Share Restriction Agreement with Verde Bioresins, Inc. and TLGY Sponsors LLC (effective 2024-03-18).

“As a result of the agreed upon termination of the Merger Agreement, the Acquiror Support Agreement entered among TLGY, Verde and the Sponsor dated June 21, 2023, the Company Support Agreement between Humanitario Capital LLC, TLGY and Verde dated June 21, 2023, and Sponsor Share Restriction Agreement entered among TLGY, Verde and the Sponsor dated June 21, 2023, automatically terminated.”

TLGY ACQUISITION CORP terminated Company Support Agreement with Humanitario Capital LLC and Verde Bioresins, Inc. (effective 2024-03-18).

“As a result of the agreed upon termination of the Merger Agreement, the Acquiror Support Agreement entered among TLGY, Verde and the Sponsor dated June 21, 2023, the Company Support Agreement between Humanitario Capital LLC, TLGY and Verde dated June 21, 2023, and Sponsor Share Restriction Agreement entered among TLGY, Verde and the Sponsor dated June 21, 2023, automatically terminated.”

TLGY ACQUISITION CORP terminated Acquiror Support Agreement with Verde Bioresins, Inc. and TLGY Sponsors LLC (effective 2024-03-18).

“As a result of the agreed upon termination of the Merger Agreement, the Acquiror Support Agreement entered among TLGY, Verde and the Sponsor dated June 21, 2023, the Company Support Agreement between Humanitario Capital LLC, TLGY and Verde dated June 21, 2023, and Sponsor Share Restriction Agreement entered among TLGY, Verde and the Sponsor dated June 21, 2023, automatically terminated.”

TLGY ACQUISITION CORP terminated Agreement and Plan of Merger with Verde Bioresins, Inc. (effective 2024-03-18).

“On March 12, 2024, TLGY received a termination notice (the “Termination Notice”) from Verde stating that Verde was exercising its right to terminate the Merger Agreement (the “Termination”) and all ancillary agreements, pursuant to Section 10.01(c) of the Merger Agreement. On March 18, 2024, TLGY responded to the Termination Notice and agreed to a termination of the Merger Agreement, but disputed the grounds for the termination of the Merger Agreement.”

ASPAC I Acquisition Corp. entered into Note with A SPAC (Holdings) Acquisition Corp. valued at up to $300,000 (effective 2024-03-15).

“On March 15, 2024, A SPAC I Acquisition Corp. (the “Company”) issued an unsecured promissory note in the aggregate principal amount of up to $300,000 (the “Note”) to A SPAC (Holdings) Acquisition Corp., the Company’s sponsor (the “Sponsor”).”

Zoomcar Holdings, Inc. amended Amendment with ASJC Global LLC – Series 24 and Cohen Sponsor LLC – A24 RS valued at $500,000 in an upfront cash payment and thereafter, and only after the Lock-Up Release Parties have (effective 2024-03-18).

“On March 18, 2024, the Lock-Up Release Agreement was amended (the “ Amendment ”) pursuant to which (i) the Lock-Up Release Period was extended from 120 days through the end of the original six-month lock-up period, (ii) the volume and stock price restrictions for sales made by the Lock-Up Release Parties during the Lock-Up Release Period were removed and (iii) the payment terms between the Company and Lock-Up Release Parties was modified such that, in lieu of the prior payment schedule, the Lock-Up Release Parties will pay the Company $500,000 in an upfront cash payment and thereafter, and only after the Lock-Up Release Parties have sold 1,428,572 shares, the Lock-Up Release Parties will pay the Company $0.35 per additional share sold during the Lock-Up Release Period.”

Presto Automation Inc. entered into Purchase Agreement with several investors (the "Purchasers") valued at aggregate gross proceeds to the Company from the Offering were approximately $1,200,000 (effective 2024-03-14).

“On March 14, 2024, Presto Automation Inc. (the “Company”) entered into a securities purchase agreements (the “Purchase Agreement”) with several investors (the “Purchasers”) relating to the issuance and sale of an aggregate of 4,800,000 shares of the Company’s common stock, par value $0.0001 per share (the “Offering”).”

NEXTNRG, INC. entered into Note with NextNRG Holding Corp. (formerly Next Charging, LLC) valued at $165,000 (effective 2024-03-15).

“On March 15, 2024, EzFill Holdings, Inc. (the “Company”) and NextNRG Holding Corp. (formerly Next Charging, LLC) (“Next”) entered into a promissory note (the “Note”) for the sum of $165,000 (the “Loan”)”

Westrock Coffee Co entered into Equity Distribution Agreement with Wells Fargo Securities, LLC and Truist Securities, Inc. valued at not to exceed 5,000,000 shares of Common Stock in the aggregate (effective 2024-03-15).

“On March 15, 2024, Westrock Coffee Company, a Delaware corporation (the “ Company ”), entered into an Equity Distribution Agreement (the “ Equity Distribution Agreement ”) with Wells Fargo Securities, LLC ( “ Wells Fargo ”) and Truist Securities, Inc. (“ Truist ,” and together with Wells Fargo, the “ Agents ”), pursuant to which the Company may from time to time offer and sell shares of the Company’s common stock, par value $0.01 per share (the “ Common Stock ”), not to exceed 5,000,000 shares of Common Stock in the aggregate (the “ Placement Securities ”), through the Agents as part of an “at the market” offering program.”

Landsea Homes Corp amended Eighth Amendment Agreement with Western Alliance Bank, as administrative agent, and the other lender parties thereto (effective 2024-03-15).

“On March 15, 2024, Landsea Homes Corporation, a Delaware corporation (the “ Company ”), and certain of its subsidiaries entered into that certain Eighth Amendment Agreement (the “ Eighth Amendment Agreement ”) with Western Alliance Bank, as administrative agent, and the other lender parties thereto, which amends the Company’s existing Credit Agreement dated October 6, 2021”

Fisker Inc./DE entered into Commitment with an investor valued at up to $166.67 million (effective 2024-03-18).

“On March 18, 2024, (the "Company" or "Fisker") entered into a financing commitment and term sheet (the "Commitment") with an investor (the "Investor") providing for the sale of up to $166.67 million in aggregate principal amount of senior secured convertible notes (the "2024 Notes").”

VICI PROPERTIES INC. entered into Second Supplemental Indenture to Base Indenture with UMB Bank, National Association valued at $550,000,000 5.750% Notes due 2034 and $500,000,000 6.125% Notes due 2054 (effective 2024-03-18).

“On March 18, 2024, VICI Properties L.P., a Delaware limited partnership (“VICI LP”), completed the previously announced offering of $550,000,000 aggregate principal amount of 5.750% Notes due 2034 (the “2034 Notes”) and $500,000,000 aggregate principal amount of 6.125% Notes due 2054 (the “2054 Notes” and, together with the 2034 Notes, the “Notes”).”

Strategic Student & Senior Housing Trust, Inc. amended Eighth Amendment with KeyBank National Association valued at extension fee equal to 0.55% of the outstanding principal balance of the KeyBank Bridge Loans as of (effective 2024-03-13).

“On March 13, 2024, the KeyBank Bridge Borrowers entered into the Eighth Amendment to the KeyBank Bridge Loans (the “Eighth Amendment”) to, among other matters, extend the maturity date of the KeyBank Bridge Loans from April 30, 2024 to June 30, 2025.”

Coinbase Global, Inc. entered into Indenture for 0.25% Convertible Senior Notes due 2030 with U.S. Bank Trust Company, National Association valued at $1.265 billion aggregate principal amount of 0.25% Convertible Senior Notes due 2030 (effective 2024-03-18).

“Convertible Notes and the Indenture On March 18, 2024, Coinbase Global, Inc. (the “Company”) completed its previously announced private offering of $1.265 billion aggregate principal amount of 0.25% Convertible Senior Notes due 2030 (the “Notes”), which includes the full exercise by the Initial Purchasers (as defined below) of their option to purchase up to an additional $165.0 million aggregate principal amount of Notes.”

Cardlytics, Inc. entered into Equity Distribution Agreement with Evercore Group L.L.C., BofA Securities, Inc. and Cantor Fitzgerald & Co. valued at up to a maximum aggregate offering amount of $50.0 million (effective 2024-03-18).

“On March 18, 2024, Cardlytics, Inc. (the “Company”) entered into an Equity Distribution Agreement (the “Equity Distribution Agreement”) with Evercore Group L.L.C., BofA Securities, Inc. and Cantor Fitzgerald & Co. (together, the “Sales Agents”) as sales agents, pursuant to which the Company may issue and sell, from time to time, shares of its common stock (the “ATM Shares”) up to a maximum aggregate offering amount of $50.0 million.”

ICHOR HOLDINGS, LTD. entered into Underwriting Agreement with Cowen and Company, LLC and Stifel, Nicolaus & Company, Incorporated, as the representatives for the underwriters valued at public offering price of $37.50 per share, less an underwriting discount of $1.5938 per share (effective 2024-03-13).

“On March 13, 2024, Ichor Holdings, Ltd. (the “Company”) entered into an underwriting agreement (the “Underwriting Agreement”) with Cowen and Company, LLC and Stifel, Nicolaus & Company, Incorporated, as the representatives for the underwriters named in Schedule I thereto (the “Underwriters”), in connection with the offering of 3,333,334 shares of the Company’s ordinary shares, par value $0.0001 per share (the “Ordinary Shares”), sold by the Company (the “Offering”) at a public offering price of $37.50 per share, less an underwriting discount of $1.5938 per share.”

cbdMD, Inc. entered into License Agreement and Lease Forbearance Agreement with HSKL, Inc. valued at License grant and forbearance in exchange for $80,000 upfront and four monthly payments of $40,000 (effective 2024-03-14).

“Effective March 20, 2024 we entered into a License Agreement, dated as of March 14, 2024, by and between cbdMD, Inc. and HSKL, Inc. (the “License Agreement”) and Lease Forbearance Agreement, dated as of March 14, 2024, by and between cbdMD, Inc. and HSKL, Inc. (the “Forbearance Agreement”).”

Spyre Therapeutics, Inc. entered into Securities Purchase Agreement with certain institutional and accredited investors valued at approximately $180.0 million (effective 2024-03-18).

“On March 18, 2024, Spyre Therapeutics, Inc., a Delaware corporation (the " Company "), entered into a Securities Purchase Agreement (the " Purchase Agreement ") for a private placement (the " Private Placement ") with certain institutional and accredited investors (each, a " Purchaser " and collectively, the " Purchasers ").”

Axalta Coating Systems Ltd. amended Fourteenth Amendment to Credit Agreement with Barclays Bank PLC, as administrative agent and collateral agent (effective 2024-03-18).

“On March 18, 2024, Axalta Coating Systems Dutch Holding B B.V. and Axalta Coating Systems U.S. Holdings, Inc., as borrowers, Axalta Coating Systems Ltd. (the “Company”), Axalta Coating Systems U.S., Inc. and certain other subsidiaries of the Company party thereto, as guarantors, certain lenders party thereto and Barclays Bank PLC, as administrative agent and collateral agent, entered into the Fourteenth Amendment to Credit Agreement (“Amendment No. 14”), which amended that certain Credit Agreement dated as of February 1, 2013 (as amended, the "Credit Agreement").”

Elicio Therapeutics, Inc. entered into Subscription Agreement with GKCC, LLC valued at approximately $6.0 million (effective 2024-03-18).

“On March 18, 2024, Elicio Therapeutics, Inc. (the “Company”) entered into a Subscription Agreement (the “Subscription Agreement”) with GKCC, LLC (the “Purchaser”), an entity controlled by a member of the board of directors of the Company, providing for the issuance and sale by the Company to the Purchaser of pre-funded warrants (the “Pre-Funded Warrants") to purchase up to 1,032,702 shares of common stock, par value $0.01 per share, of the Company (“Common Stock”), at a purchase price per Pre-Funded Warrant of $5.81 (the “Offering”).”

Greenwave Technology Solutions, Inc. entered into Inducement Letters with Holders of Existing Warrants valued at aggregate of up to 16,147,852 shares of the Company’s common stock (effective 2024-03-18).

“On March 18, 2024, Greenwave Technology Solutions, Inc., a Delaware corporation (the “Company”), extended warrant exercise inducement offer letters (the “Inducement Letters”) to the holders (the “Holders”) of its existing warrants to purchase shares of the Company’s common stock (the “Existing Warrants”), pursuant to which the Holders can exercise for cash their Existing Warrants to purchase an aggregate of up to 16,147,852 shares of the Company’s common stock”

Grayscale Bitcoin Trust ETF amended Amendment No. 1 to the Seventh Amended and Restated Declaration of Trust and Trust Agreement with Delaware Trust Company (effective 2024-03-15).

“on March 15, 2024 the Sponsor and the Trustee entered into Amendment No. 1 to the Seventh Amended and Restated Declaration of Trust and Trust Agreement (the “Amendment No. 1”) in order to provide that any cash held by the Trust pursuant to the alternative procedures for creation and redemption of Shares set forth in the Seventh A&R Trust Agreement, as amended from time to time (the “Alternative Procedures”) may be held in a single non-interest bearing account to be used for both creations and redemptions of Shares.”

Grayscale Bitcoin Trust ETF amended Seventh Amended and Restated Declaration of Trust and Trust Agreement with Delaware Trust Company (effective 2024-03-15).

“On March 15, 2024, following approval of the Proposal (as defined below), Grayscale Investments, LLC, the sponsor (the “Sponsor”) of Grayscale Bitcoin Trust (BTC) (the “Trust”), and Delaware Trust Company, the trustee (the “Trustee”) of the Trust, entered into the Seventh Amended and Restated Declaration of Trust and Trust Agreement, dated as of March 15, 2024 (the “Seventh A&R Trust Agreement”).”

Dell Technologies Inc. entered into Indenture with The Bank of New York Mellon Trust Company, N.A. valued at $1,000,000,000 (effective 2024-03-18).

“On March 18, 2024, two wholly-owned subsidiaries of Dell Technologies Inc. (the “Company”), Dell International L.L.C. and EMC Corporation (together, the “Issuers”), completed a public offering (the “Offering”) of $1,000,000,000 aggregate principal amount of the Issuers’ 5.400% Senior Notes due 2034 (the “Notes”).”

Diamondback Energy, Inc. amended Merger Agreement Amendment with Endeavor Parent, LLC valued at Amended Merger Agreement to modify Stockholders Agreement, removing certain transfer restrictions an (effective 2024-03-18).

“On March 18, 2024, the Company, Merger Sub I, Merger Sub II, the Company Representative and Endeavor entered into an amendment to the Merger Agreement (the "Merger Agreement Amendment").”

Arch Therapeutics, Inc. entered into Amendment No. 3 to the SPA with certain Investors valued at $648,000 (effective 2024-03-12).

“), with certain Investors in connection with the fourth closing of the Convertible Notes Offering for the issuance and sale by the Company to such Investors of an aggregate of (i) Unsecured Convertible Promissory Notes”

Chefs' Warehouse, Inc. amended Eleventh Amendment with the lenders party thereto and Jefferies Finance LLC, as administrative agent and collateral agent (effective 2024-03-18).

“On March 18, 2024, The Chefs’ Warehouse, Inc. (NASDAQ: CHEF) (“ the Company ”) entered into Amendment No. 11 (the “ Eleventh Amendment ”) to its senior secured term loan credit agreement, originally dated as of June 22, 2016, as amended, restated, supplemented or otherwise modified from time to time, by and among the Company, Chefs’ Warehouse Parent, LLC, as borrower, Dairyland USA Corporation, as borrower, certain other subsidiaries of the Company, as guarantors, the lenders party thereto and Jefferies Finance LLC, as administrative agent and collateral agent, pursuant to which, among other changes, the Company repriced its senior secured term loan B facility from (x) 475 basis points over term SOFR plus a specified credit spread adjustment or 375 basis points over the alternate base rate to (y) 400 basis points over term SOFR with no credit spread adjustment or 300 basis points over the alternate base rate.”

MARA Holdings, Inc. entered into definitive purchase agreement with Applied Digital Corporation valued at $87.3 million (effective 2024-03-15).

“has entered into a definitive purchase agreement to acquire Applied Digital Corporation’s ("Applied Digital") Bitcoin mining data center in Garden City, Texas, with a name plate capacity of 200 megawatts, for a purchase price of $87.3 million”

Turtle Beach Corp amended Fourth Amendment with Bank of America, N.A. (effective 2024-03-13).

“On March 13, 2024, the Company entered into a Fourth Amendment, dated as of March 13, 2024 (the "Fourth Amendment") to the Amended and Restated Loan, Guaranty and Security Agreement, dated as of March 5, 2018 ("ABL Credit Agreement"), by and among Turtle Beach Corporation, Voyetra Turtle Beach, Inc., TBC Holding Company LLC, Turtle Beach Europe Limited, VTB Holdings, Inc., the financial institutions party thereto and Bank of America, N.A. (the "ABL Agent"), as administrative agent, collateral agent and security trustee for the lenders to the credit facility (the "Credit Facility").”

Turtle Beach Corp entered into Term Loan Financing Agreement with Blue Torch Finance, LLC valued at $50 million (effective 2024-03-13).

“On March 13, 2024, the Company entered into a new financing agreement (the "Term Loan Financing Agreement") by and among the Company, Voyetra Turtle Beach, Inc., a Delaware corporation, as borrower ("VTB"), VTB Holdings, Inc., a Delaware corporation, each subsidiary of the Company listed as a guarantor on the signature pages thereto, the lenders from time to time party thereto, and Blue Torch Finance, LLC, a Delaware limited liability company ("the "Term Agent"), as administrative agent and collateral agent ("Blue Torch"), pursuant to which Blue Torch made a loan to VTB in the aggregate amount of $50 million (the "Term Loan Facility")”

Turtle Beach Corp entered into Stockholder Agreement with the holders of the Stock Consideration (effective 2024-03-13).

“In connection with the Merger Agreement, the Company simultaneously entered into a stockholder agreement (the "Stockholder Agreement") with the holders of the Stock Consideration (the "Stockholders") pursuant to which the Stockholders received two demand registration rights to request that the Company register with the Securities and Exchange Commission (the "SEC") the sale of all or part of the Stock Consideration following a lock-up period that expires nine months after the date of the Merger Agreement, and piggy-back registration rights in the event the Company proposes to register under the Act the issuance or sale of any of its securities.”

Turtle Beach Corp entered into Merger Agreement with Tide Acquisition Sub, Inc., Tide Acquisition Sub II, LLC, FSAR Holdings, Inc., PDP Holdings, LLC valued at $118 million (effective 2024-03-13).

“On March 13, 2024, Turtle Beach Corporation (the "Company") entered into a merger agreement (the "Merger Agreement") by and among Tide Acquisition Sub, Inc., a Delaware corporation and a wholly-owned subsidiary of the Company, Tide Acquisition Sub II, LLC, a Delaware limited liability company and a wholly-owned subsidiary of the Company, FSAR Holdings, Inc. ("FSAR"), a Delaware corporation, and PDP Holdings, LLC, a Delaware limited liability company (the "Seller").”

BRUNSWICK CORP entered into Sixth Supplemental Indenture with U.S. Bank Trust Company, National Association, as trustee valued at $400,000,000 aggregate principal amount (effective 2024-03-18).

“On March 18, 2024, Brunswick Corporation (the “Company”) and U.S. Bank Trust Company, National Association, as successor in interest to U.S. Bank National Association, as trustee (the “Trustee”), entered into a Sixth Supplemental Indenture, dated as of March 18, 2024 (the “Sixth Supplemental Indenture”) to the Indenture, dated as of October 3, 2018 (the “Base Indenture”), relating to the Company’s 5.850% Senior Notes due 2029 (the “Notes”). $400,000,000 aggregate principal amount of the Notes were sold in a public offering pursuant to the Company’s Registration Statement on Form S-3 (No. 333-258249) (the “Registration Statement”), filed with the Securities and Exchange Commission, which resulted in aggregate net proceeds to the Company of approximately $396,916,000, after deducting underwriting commissions but before deducting estimated expenses.”