Material Agreements

Armata Pharmaceuticals, Inc. amended First Amendment to Credit Agreement with Innoviva.

“Concurrently with the execution of the Credit Agreement, the Company entered into amendments to (i) that certain credit and security agreement (the “First Amendment to Credit Agreement”), dated as of July 10, 2023, by and among the Company, as borrower, Innoviva, as lender, and certain domestic subsidiaries of the Company, as guarantors”

Armata Pharmaceuticals, Inc. entered into Credit Agreement with Innoviva Strategic Opportunities LLC valued at $35 million (effective 2024-03-04).

“On March 4, 2024, Armata Pharmaceuticals, Inc. (the “Company”) announced in the press release furnished hereto as Exhibit 99.1 that it had entered into, as borrower, a credit and security agreement (the “Credit Agreement”) with Innoviva Strategic Opportunities LLC (“Innoviva”), a wholly owned subsidiary of Innoviva, Inc. (the “Parent”), a principal shareholder of the Company on March 4, 2024.”

NEKTAR THERAPEUTICS amended Amendment No 1 to Purchase and Sale Agreement with Healthcare Royalty valued at $15 million cash payment (effective 2024-03-04).

“On March 4, 2024, Nektar Therapeutics (“Nektar”) and entities managed by Healthcare Royalty entered into an Amendment No 1. (the “Amendment”) to that certain Purchase and Sale Agreement, dated as of December 16, 2020, as more fully described in Nektar’s Current Report on Form 8-K filed on December 22, 2020 (the “Purchase Agreement”).”

NEKTAR THERAPEUTICS entered into Purchase Agreement with TCG Crossover Fund II, L.P. valued at $30.0 million (effective 2024-03-04).

“On March 4, 2024, Nektar Therapeutics (the “Company”) entered into a securities purchase agreement (the “Purchase Agreement”) with TCG Crossover Fund II, L.P. (the “Purchaser”), for the private placement (the “Private Placement”) of a pre-funded warrant (the “Pre-Funded Warrant”) to purchase 25,000,000 shares of the Company’s common stock (the “Common Stock”), par value $0.0001 per share (the “Warrant Shares” and together with the Pre-Funded Warrant, the “Securities”), at a total purchase price of $30.0 million”

POTOMAC ELECTRIC POWER CO entered into First Mortgage Bonds valued at $300 million aggregate principal amount (effective 2024-03-04).

“On March 4, 2024, Potomac Electric Power Company (Pepco) issued and sold (i) $375 million aggregate principal amount of Pepco’s First Mortgage Bonds, 5.200% Series due March 15, 2034 (the “2034 Bonds”)”

PINNACLE WEST CAPITAL CORP entered into Forward Sale Agreements with Mizuho Markets Americas LLC and Wells Fargo Bank, National Association valued at aggregate of 9,774,436 shares of common stock; aggregate of 1,466,165 shares under Additional Forwar (effective 2024-02-28).

“On February 28, 2024, Pinnacle West Capital Corporation (“Pinnacle West” or the “Company”) entered into separate forward sale agreements (each, a “Forward Sale Agreement” and, together, the “Forward Sale Agreements”) with Mizuho Markets Americas LLC and Wells Fargo Bank, National Association (each, a “Forward Purchaser” and, together, the “Forward Purchasers”), relating to an aggregate of 9,774,436 shares of the Company’s common stock, no par value (the “common stock”).”

Ventas, Inc. entered into Cooperation Agreement with Land & Buildings Investment Management, LLC and certain of its affiliates (collectively, Land & Buildings) (effective 2024-03-04).

“entered into a cooperation agreement (the "Cooperation Agreement") with Land & Buildings Investment Management, LLC and certain of its affiliates (collectively, "Land & Buildings")”

Birchtech Corp. terminated Satisfaction and Discharge of Secured Debt with AC Midwest Energy LLC (effective 2024-02-27).

“As a result of the repayment of the remaining principal balance under the Secured Debt, the Company, MES and AC Midwest executed a Satisfaction and Discharge of Secured Debt confirming the cancellation of the Secured Note and that all of the obligations under the Restated Financing Agreement have been fully satisfied and discharged.”

Birchtech Corp. entered into Unsecured Debt Restructuring Agreement with AC Midwest Energy LLC valued at $4,114,930.60 (effective 2024-02-27).

“On February 27, 2024, Midwest Energy Emissions Corp. (the “Company”), along with its wholly-owned subsidiary, MES, Inc. (“MES”), entered into an Unsecured Debt Restructuring Agreement (the “Debt Restructuring Agreement”) with AC Midwest Energy LLC (“AC Midwest”) which replaces and supersedes the Unsecured Note Financing Agreement and Reaffirmation of Guaranty entered into with AC Midwest on February 25, 2019, as amended on October 28, 2022 (the “Unsecured Note Financing Agreement”).”

CADIZ INC entered into Term Sheet for the Delivery of Water Made Available by Cadiz Inc. and Fenner Gap Mutual Water Company to Santa Margarita Water District in the Northern Pipeline with Santa Margarita Water District valued at $1,650 per AFY (effective 2024-02-28).

“On February 28, 2024, Cadiz Inc. (the “Company” or “Cadiz”) entered into (i) an Agreement for the Delivery of Water Made Available by Cadiz Inc. and Fenner Gap Mutual Water Company to Public Water Systems, among Cadiz, Cadiz Real Estate LLC, a wholly-owned subsidiary of Cadiz, Fenner Gap Mutual Water Company (“FGMWC”) and Fontana Water Company (“FWC”), an investor-owned utility serving the City of Fontana, California (the “FWC Agreement”), and (ii) a Term Sheet for the Delivery of Water Made Available by Cadiz Inc. and Fenner Gap Mutual Water Company to Santa Margarita Water District in the Northern Pipeline (the “SMWD Term Sheet,"”

CADIZ INC entered into Agreement for the Delivery of Water Made Available by Cadiz Inc. and Fenner Gap Mutual Water Company to Public Water Systems with Fontana Water Company valued at $1,650 per AFY (effective 2024-02-28).

“On February 28, 2024, Cadiz Inc. (the “Company” or “Cadiz”) entered into (i) an Agreement for the Delivery of Water Made Available by Cadiz Inc. and Fenner Gap Mutual Water Company to Public Water Systems, among Cadiz, Cadiz Real Estate LLC, a wholly-owned subsidiary of Cadiz, Fenner Gap Mutual Water Company (“FGMWC”) and Fontana Water Company (“FWC”), an investor-owned utility serving the City of Fontana, California (the “FWC Agreement"),”

ALLIENT INC entered into Note Purchase and Private Shelf Agreement with PGIM, Inc. and certain of its affiliates valued at $150 million (effective 2024-03-01).

“On March 1, 2024, Allient Inc. (the “Company”) entered into a Note Purchase and Private Shelf Agreement (the “Agreement”) by and among the Company, PGIM, Inc. (“Prudential”) and certain of its affiliates (the “Prudential Affiliates”) party thereto.”

ALLIENT INC amended Third Amended and Restated Credit Agreement with HSBC Bank USA, National Association, as Administrative Agent, and the lenders from time to time party thereto valued at $280 million (effective 2024-03-01).

“On March 1, 2024, Allient Inc. and one of its subsidiaries, Allied Motion Technologies B.V. (together, the “Company”) entered into a Third Amended and Restated Credit Agreement (the “Revolving Facility”) with HSBC Bank USA, National Association, as Administrative Agent, the lenders from time to time party thereto, and HSBC Bank USA, National Association, Wells Fargo Bank, National Association, TD Bank, N.A. and PNC Capital Markets LLC, as Joint Lead Arrangers, and Citizens Bank, N.A., as Syndication Agent.”

ARES STRATEGIC INCOME FUND amended SG Funding Facility Amendment with Société Générale valued at increased the total commitments ... from $1.2 billion to $1.4 billion (effective 2024-02-27).

“On February 27, 2024, Ares Strategic Income Fund (the “Fund”) and ASIF Funding I, LLC, a wholly owned subsidiary of the Fund (the “Borrower”), entered into Amendment No. 3 to the Loan and Servicing Agreement (the “SG Funding Facility Amendment”), to the Loan and Servicing Agreement, dated as of July 26, 2023 (as amended, the “SG Funding Facility”)”

Blue World Acquisition Corp amended Amendment to the Merger Agreement with TOYO Co., Ltd, TOYOone Limited, TOPTOYO INVESTMENT PTE. LTD., Vietnam Sunergy Cell Company Limited, Vietnam Sunergy Joint Stock Company, Fuji Solar Co., Ltd, WA Global Corporation, Belta Technology Company Limited, BestToYo Technology Company Limited (effective 2024-02-29).

“On February 29, 2024, Blue World Acquisition Corporation (“ BWAQ ”) entered into an Amendment No. 3 (the “ Amendment to the Merger Agreement ”) to the Agreement and Plan of Merger, dated as of August 10, 2023, as amended on December 6, 2023 and February 6, 2024 (as the same may be amended, restated or supplemented, the “ Merger Agreement ”) with TOYO Co., Ltd, a Cayman Islands exempted company (“ PubCo ”), TOYOone Limited, a Cayman Islands exempted company (“ Merger Sub ”), TOPTOYO INVESTMENT PTE. LTD., a Singapore private company limited by shares (“ SinCo ”), Vietnam Sunergy Cell Company Limited, a Vietnamese company, (“ TOYO Solar ”, together with PubCo, Merger Sub and SinCo, the “ Group Companies ”, or each individually, a “ Group Company ”), Vietnam Sunergy Joint Stock Company, a Vietnam joint stock company (“ VSUN ”), Fuji Solar Co., Ltd, a Japanese company (“ Fuji Solar ”), WA Global Corporation, a Cayman Islands exempted company (“ WAG ”), Belta Technology Company Limited, a Ca”

Portillo's Inc. entered into Underwriting Agreement with BofA Securities, Inc. (effective 2024-02-28).

“On February 28, 2024, the Company and PHD Group Holdings, LLC entered into an underwriting agreement (the “Underwriting Agreement”) with BofA Securities, Inc. as underwriter (the “Underwriter”) for the purchase and sale of 8,000,000 shares of the Company’s Class A common stock.”

Portillo's Inc. entered into Stock Unit and Purchase Agreement with certain funds affiliated with Berkshire Partners LLC and other selling stockholders valued at aggregate purchase price of approximately $114.96 million (effective 2024-02-27).

“On February 27, 2024, Portillo’s Inc. (the “Company”) entered into a stock unit and purchase agreement (the “Stock Unit and Purchase Agreement”) with certain funds affiliated with Berkshire Partners LLC and other selling stockholders named therein (collectively, the “Selling Stockholders”), pursuant to which the Company agreed to (i) purchase limited liability company units of its subsidiary, PHD Group Holdings, LLC, from certain of the Selling Stockholders and (ii) purchase shares of Class A common stock of the Company from certain Selling Stockholders, in each case, in a private, non-underwritten transaction made in connection with an underwritten “synthetic secondary” public offering by the Company of 8,000,000 shares of its Class A common stock on February 28, 2024 (the “Offering”).”

Dragonfly Energy Holdings Corp. entered into February Note with Brian Nelson valued at $1,700,000 (effective 2024-02-27).

“On February 27, 2024, Dragonfly Energy Holdings Corp. (the “ Company ”) issued an unsecured convertible promissory note (the “ February Note ”) in the principal amount of $1,700,000”

Dragonfly Energy Holdings Corp. entered into January Note with Brian Nelson valued at $1,000,000 (effective 2024-01-24).

“On January 24, 2024, Dragonfly Energy Holdings Corp. (the “ Company ”) issued an unsecured convertible promissory note (the “ January Note ”) in the principal amount of $1,000,000”

Catcha Investment Corp amended Business Combination Agreement Amendment with Crown LNG Holding AS, Crown LNG Holdings Limited, CGT Merge II Limited valued at Extended termination date from February 17, 2024 to May 17, 2024; Catcha waived right to withdraw up (effective 2024-02-16).

“On February 16, 2024, the parties to the Business Combination Agreement entered into that certain amendment to the Business Combination Agreement (the “ Amendment ”) pursuant to which (i) the parties agreed to extend the date on which the Business Combination Agreement may be terminated by the parties if the conditions to the Closing (as defined in the Business Combination Agreement) have not been satisfied or waived from February 17, 2024 to May 17, 2024 and (ii) Catcha agreed to waive its right under its amended and restated memorandum and articles of association to withdraw up to $100,000 of the interest earned on the funds held in the trust account established in connection with Catcha’s initial public offering (the “ Trust Account ”) to pay dissolution expenses in the event of the liquidation of the Trust Account.”

Envoy Medical, Inc. entered into Note with GAT Funding, LLC valued at principal amount of up to $10,000,000 (effective 2024-02-27).

“Envoy Medical, Inc. (the “Company”) has issued a promissory note, effective as of February 27, 2024 (the “Note”) with a principal amount of up to $10,000,000 to GAT Funding, LLC (“GAT”)”

Sizzle Acquisition Corp. amended Cantor Fee Modification Agreement with Cantor Fitzgerald & Co. valued at 1,200,000 ordinary shares of Pubco.

“In connection with the Closing, and Cantor’s agreement to the Lock-up Agreement described above, Pubco and Sizzle agreed to pay to Cantor such commission as of the Closing, including the amounts set forth in the Proxy Statement, in the aggregate amount of 1,200,000 ordinary shares of Pubco (the “Cantor Fee Shares”), payable and delivered, at Closing (the “Cantor Fee Modification Agreement”).”

Sizzle Acquisition Corp. entered into Lock-Up Agreements with holders of Pubco Ordinary Shares (excluding PIPE Investors and public shareholders) (effective 2023-12-28).

“Simultaneously with the Closing, and in connection with the PIPE Financing (as defined in the definitive proxy statement /prospectus filed by Sizzle with the Securities and Exchange Commission (“SEC”) on December 28, 2023, as supplemented (the “Proxy Statement”)), holders of Pubco Ordinary Shares as of the Closing, other than the PIPE Investors (as defined in the Proxy Statement) and Sizzle’s public shareholders, entered into a lock-up for a period of one year after the Closing and Pubco will be restricted from issuing additional shares or filing any registration statements with the SEC for a period of 60 days after the Closing, subject to certain specified exceptions.”

Empery Digital Inc. entered into Exchange Agreements with holders of all of its senior convertible notes valued at approximately $24.68 million aggregate principal amount of Notes (effective 2024-03-03).

“On March 3, 2024, Volcon, Inc. (the “Company”) entered into Exchange Agreements (each, an “Agreement”) with the holders of all of its senior convertible notes (the “Notes”), pursuant to which the holders agreed to exchange approximately $24.68 million aggregate principal amount of Notes for shares of the Company’s Series A convertible preferred stock (the “Preferred Stock”).”

Sotera Health Co amended Amendment No. 3 with JPMorgan Chase Bank, N.A., as First Lien Administrative Agent and the lenders and issuing banks party thereto (effective 2024-03-01).

“On March 1, 2024, Sotera Health Company (the “Company”) and Sotera Health Holdings, LLC (“SHH”) entered into Amendment No. 3 (the “Amendment”) to the First Lien Credit Agreement dated as of December 13, 2019 by and among the Company, SHH, certain subsidiaries of the Company, JPMorgan Chase Bank, N.A., as First Lien Administrative Agent and the lenders and issuing banks party thereto (the “Credit Agreement”).”

Bakkt, Inc. entered into Voting Support Agreement with Intercontinental Exchange Holdings, Inc. valued at ICE agreed to vote in favor of proposals seeking to obtain the Voting Support Agreement (effective 2024-02-29).

“In connection with the Concurrent Offerings, ICE entered into a voting support agreement with the Company (the "Voting Support Agreement"), pursuant to which ICE agreed, among other things, to vote in favor of proposals seeking to obtain the Voting Support Agreement.”

Bakkt, Inc. entered into ICE Purchase Agreement with Intercontinental Exchange Holdings, Inc. valued at up to 11,534,024 shares of Class A Common Stock, Class 1 Warrants to purchase up to 5,767,012 shares (effective 2024-02-29).

“On February 29, 2024, the Company entered into a securities purchase agreement (the “ICE Purchase Agreement” and, together with the Third-Party Purchase Agreement, the “Purchase Agreements”) with Intercontinental Exchange Holdings, Inc. (“ICE”)”

Bakkt, Inc. entered into Third-Party Purchase Agreement with certain institutional investors valued at aggregate of 34,917,532 shares of Class A Common Stock, Class 1 Warrants to purchase an aggregate of (effective 2024-02-29).

“On February 29, 2024, Bakkt Holdings, Inc. (the “Company”) entered into a securities purchase agreement (the “Third-Party Purchase Agreement”) with certain institutional investors (the “Third-Party Purchasers”).”

Presto Automation Inc. entered into Purchase Agreement with several investors valued at aggregate gross proceeds to the Company from the Offering approximately $2,100,000 (effective 2024-02-29).

“On February 29, 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 8,533,000 shares of the Company’s common stock”

Humacyte, Inc. entered into Underwriting Agreement with Cowen and Company, LLC and Cantor Fitzgerald & Co. as representatives of the several underwriters named therein valued at approximately $37.4 million (effective 2024-02-29).

“On February 29, 2024, Humacyte, Inc. (the “Company”) entered into an underwriting agreement (the “Underwriting Agreement”) with Cowen and Company, LLC and Cantor Fitzgerald & Co. as representatives of the several underwriters named therein (collectively, the “Underwriters”), relating to the issuance and sale in an underwritten offering (the “Offering”) of 13,400,000 shares of the Company’s common stock, $0.0001 par value per share, at a price to the public of $3.00 per share (the “Firm Shares”).”

CLARIVATE PLC entered into Investment Agreement with Exor N.V. (effective 2024-03-04).

“Entry into a Material Definitive Agreement In connection with Exor N.V.’s investment in the Company, the Company has entered into an Investment Agreement with Exor dated as of March 4, 2024.”

AppLovin Corp entered into Underwriting Agreement with KKR Denali Holdings L.P. and BofA Securities, Inc. (effective 2024-02-29).

“On February 29, 2024, AppLovin Corporation (the “Company”) entered into an underwriting agreement (the “Underwriting Agreement”) with KKR Denali Holdings L.P. (the “Selling Stockholder”) and BofA Securities, Inc., acting for themselves and as representative of the several underwriters named in Schedule I to the Underwriting Agreement”

BridgeBio Pharma, Inc. entered into Agreement with Bayer Consumer Care AG valued at up to $310 million in upfront, regulatory, and sales milestone payments (effective 2024-03-01).

“On March 1, 2024, certain subsidiaries of BridgeBio Pharma, Inc. (the “Company”), including Eidos Therapeutics, Inc. (“Eidos”), BridgeBio International GmbH and BridgeBio Europe B.V., entered into an exclusive license agreement (the “Agreement”) with Bayer Consumer Care AG, a wholly-owned subsidiary of Bayer AG (“Bayer”), to develop and commercialize acoramidis as a treatment for transthyretin amyloidosis in the European Union and all member states of the European Patent Organization (the “Licensed Territory”).”

Golub Capital BDC 3, Inc. amended Seventh DB Credit Facility Amendment with Deutsche Bank AG, New York Branch (effective 2024-03-01).

“On March 1, 2024 Golub Capital BDC 3, Inc. (the “Company”), together with GBDC 3 Funding LLC, a direct, wholly owned subsidiary of the Company, as borrower (“GBDC 3 Funding”), entered into an amendment (the “Seventh DB Credit Facility Amendment”) to the loan financing and servicing agreement, dated as of September 10, 2019, by and among GBDC 3 Funding, the Company, the lenders from time to time parties thereto, Deutsche Bank AG, New York Branch, as facility agent, the other agents parties thereto, each of the entities from time to time party thereto as securitization subsidiaries and Deutsche Bank Trust Company Americas, as collateral agent and as collateral custodian (as amended, the “DB Credit Facility”).”

GameSquare Holdings, Inc. entered into Membership Interest Purchase Agreement with Global Esports Properties, LLC valued at $10,360,000 (effective 2024-03-01).

“On March 1, 2024, Global Esports Properties, LLC, a Delaware limited liability company (“Buyer”), GameSquare Esports (USA), Inc., a Nevada corporation (“Seller”) and sole member of NextGen Tech, LLC, a Texas limited liability company doing business as Complexity Gaming, and GameSquare Holdings, Inc., a corporation formed under the laws of the province of Ontario (“Beneficial Owner”) (together, the “Parties”) entered into a Membership Interest Purchase Agreement (the “MIPA”)”

C4 Therapeutics, Inc. entered into Research Collaboration and License Agreement with Merck KGaA, Darmstadt, Germany (operating as EMD Serono in U.S. and Canada) valued at upfront cash payment of $16.0 million; aggregate potential milestone payments of approximately $740 (effective 2024-03-01).

“On March 1, 2024 , C4 Therapeutics, Inc. (“ C4T ”) entered into a Research Collaboration and License Agreement (“ License Agreement ”) with Merck KGaA, Darmstadt, Germany (“ MKDG ”), which operates its healthcare business as EMD Serono in the U.S. and Canada, to exclusively discover two targeted protein degraders against critical oncogenic proteins that C4T has progressed within its internal discovery pipeline.”

Pathfinder Bancorp, Inc. entered into Purchase Agreement with Berkshire Bank valued at approximately $32 million in loans and one branch location (along with associated personal property (effective 2024-03-04).

“On March 4, 2024 Pathfinder Bank, the banking subsidiary of Pathfinder Bancorp, Inc. (“Pathfinder Bank”), entered into a purchase and assumption agreement (the “Purchase Agreement”) with Berkshire Bank, the banking subsidiary of Berkshire Hills Bancorp, Inc. (“Berkshire Bank”).”

BIOVIE INC. entered into Agreement with ThinkEquity LLC valued at approximately $21,000,000 million (effective 2024-03-04).

“On March 4, 2024, BioVie Inc. (the “ Company ”) entered into a placement agent agreement (the “ Agreement ”) with ThinkEquity LLC, as the placement agent (the “ Placement Agent ”), in connection with the issuance and sale (the “ Offering ”) directly to various investors (the “ Investors ”) of up to 21,000,000 shares”

Chefs' Warehouse, Inc. entered into Cooperation Agreement with Legion Partners Asset Management, LLC, Legion Partners, L.P. I, Legion Partners, L.P. II, Legion Partners, LLC, Legion Partners Holdings, LLC, Christopher S. Kiper, and Raymond White (effective 2024-03-01).

“On March 1, 2024, The Chefs’ Warehouse, Inc., a Delaware corporation (the “ Company ”), entered into an agreement (the “ Cooperation Agreement ”) with Legion Partners Asset Management, LLC, Legion Partners, L.P. I, Legion Partners, L.P. II, Legion Partners, LLC, Legion Partners Holdings, LLC, Christopher S. Kiper, and Raymond White (collectively, the “ Investor Group ” and each individually, an “ Investor ”).”

Spirit Aviation Holdings, Inc. terminated Agreement and Plan of Merger with JetBlue Airways Corporation valued at JetBlue will pay $69 million in cash to Spirit. (effective 2024-03-04).

“On March 4, 2024, the Parties entered into a Termination Agreement (the "Termination Agreement"), pursuant to which the Merger Agreement was terminated effective immediately. Under the terms of the Termination Agreement, JetBlue will, no later than 5:00 p.m. ET on March 5, 2024, pay or cause to be paid $69 million in cash to Spirit.”

Astria Therapeutics, Inc. entered into Open Market Sale Agreement with Jefferies LLC valued at up to $150,000,000 (effective 2024-03-04).

“On March 4, 2024, Astria Therapeutics, Inc., a Delaware corporation (the “Company”), entered into an Open Market Sale Agreement SM (the “Sales Agreement”) with Jefferies LLC (“Jefferies”) pursuant to which the Company may offer and sell shares of its common stock, $0.001 par value per share, from time to time through Jefferies as its sales agent.”

Milestone Pharmaceuticals Inc. entered into Underwriting Agreement with Piper Sandler & Co. as representative of the several underwriters (effective 2024-02-28).

“On February 28, 2024, Milestone Pharmaceuticals Inc. (the “Company”) entered into an underwriting agreement (the “Underwriting Agreement”) with Piper Sandler & Co. as representative of the several underwriters listed on Schedule A thereto (the “Underwriters”), related to an underwritten public offering (the “Offering”) of 16,666,667 of the Company’s common shares, without par value (the “Common Shares”), at a public offering price of $1.50 per share”

Clean Vision Corp entered into Securities Purchase Agreement with an accredited investor valued at $580,000.00 (effective 2024-02-15).

“On February 15, 2024, Clean Vision Corporation (the “Company”) entered into a Securities Purchase Agreement (the “Agreement”) with an accredited investor (the “Holder”), whereby the Company issued and sold to the Holder (i) a promissory note (the “Note”) in the aggregate principal amount of $580,000.00 (which includes $87,500.00 of Original Issue Discount) (the “Principal”), convertible into shares of common stock, $0.001 par value per share, of the Company (the “Common Stock”), upon default, upon the terms and subject to the limitations and conditions set forth in such Note, and (ii) 4,000,000 restricted shares of Common Stock (the “Commitment Shares”).”

JETBLUE AIRWAYS CORP terminated Agreement and Plan of Merger (Merger Agreement) with Spirit Airlines, Inc. valued at JetBlue agreed to pay Spirit $69 million in cash on March 5, 2024; mutual release of claims (effective 2024-03-01).

“As previously disclosed, on July 28, 2022, JetBlue Airways Corporation, (“JetBlue”), Sundown Acquisition Corp., a direct wholly owned subsidiary of JetBlue (“Merger Sub”) and Spirit Airlines, Inc. (“Spirit” and, together with JetBlue and Merger Sub, the “Parties”) entered into an Agreement and Plan of Merger (the “Merger Agreement”), pursuant to which and subject to the terms and conditions therein, Merger Sub would be merged with and into Spirit, with Spirit continuing as the surviving corporation. On March 1, 2024, the Parties entered into a Termination Agreement (the “Termination Agreement”), pursuant to which the Parties agreed that the Merger Agreement, including all schedules and exhibits thereto, was terminated, effective immediately, subject to limited exceptions related to JetBlue’s previously agreed indemnification obligations.”

WFN CREDIT CO LLC amended Twenty-First Addendum to Appendix A with Comenity Servicing LLC (effective 2024-02-29).

“On February 29, 2024, Bank and Servicer entered into the Twenty-First Addendum to Appendix A (“Twenty-First Addendum”) to the Service Agreement.”

WFN CREDIT CO LLC amended Third Amendment with Comenity Servicing LLC (effective 2024-02-28).

“On February 28, 2024, Comenity Bank (“Bank”) and Comenity Servicing LLC (“Servicer”) entered into the Third Amendment (“Third Amendment”) to that certain Fourth Amended and Restated Service Agreement, dated as of June 1, 2022 (the “Service Agreement”), by and between Bank and Servicer”

Childrens Place, Inc. entered into Forbearance Agreement with the Credit Agreement Lenders (effective 2024-02-29).

“The Company and the Credit Agreement Lenders entered into a forbearance agreement, dated February 29, 2024 (the “Forbearance Agreement”)”

Childrens Place, Inc. entered into Promissory Note with Mithaq Capital SPC valued at up to $78.6 million (effective 2024-02-29).

“On February 29, 2024, The Children’s Place, Inc. (the “Company”) and certain of its subsidiaries entered into an interest-free unsecured promissory note, dated February 29, 2024 (the “Promissory Note”) with Mithaq Capital SPC (“Mithaq”), providing for up to $78.6 million in term loans”

WD 40 CO entered into Transition Services Agreement with VDBN Representações Comerciais Ltda. valued at minimum fees total approximately $2.1 million USD.

“In connection with this acquisition, Theron signed a three-year Transition Services Agreement (“TSA”) with VDBN Representações Comerciais Ltda., a related party of Seller, for logistics and related services, for which the minimum fees total approximately $2.1 million USD.”

WD 40 CO entered into Quota Purchase Agreement with M12 Participações Empresarias S.A. valued at approximate purchase price of $6.9 million USD (effective 2024-03-04).

“On March 4, 2024 (“Closing Date”), WD-40 Holding Company Brasil Ltda. (“Buyer”), a wholly-owned subsidiary of WD-40 Company (“Company”), acquired all of the issued and outstanding capital stock of Brazilian distributor, Theron Marketing Ltda. (“Theron”), from M12 Participações Empresarias S.A. (“Seller”) in a cash-for-stock transaction. The approximate purchase price of $6.9 million USD is subject to a 90-day post closing adjustment.”