Material Agreements

Astra Space, Inc. amended Second Amendment to Securities Purchase Agreement and Second Amendment to Senior Secured Convertible Notes (effective 2024-02-26).

“On February 26, 2024, Astra Space, Inc. (the “ Company ”) entered into that Second Amendment to Securities Purchase Agreement and Second Amendment to Senior Secured Convertible Notes (the “ Amendment ”) which amendment amends (i) that certain Securities Purchase Agreement dated as of August 4, 2023”

Kinnate Biopharma Inc. entered into Purchase Agreement with Pierre Fabre Médicament, SAS valued at up to $31.0 million (effective 2024-02-27).

“On February 27, 2024, Kinnate Biopharma Inc. (the “Company”) entered into an Asset Purchase Agreement (the “Purchase Agreement”) by and among the Company and Pierre Fabre Médicament, SAS (“Pierre Fabre”), pursuant to which it sold the global rights to its investigational pan-RAF inhibitor, exarafenib, and other pan-RAF program assets to Pierre Fabre, subject to the terms and conditions of the Purchase Agreement.”

Perella Weinberg Partners entered into Underwriting Agreement with Citizens JMP Securities, LLC valued at $12.00 per share (effective 2024-02-27).

“On February 27, 2024 , Perella Weinberg Partners (the “Company”) and PWP Holdings LP ("PWP OpCo"), the Company’s operating partnership, entered into an underwriting agreement (the “Underwriting Agreement”) with Citizens JMP Securities, LLC, as underwriter (the “Underwriter”), relating to the issuance and sale pursuant to an underwritten public offering (the “Offering”) of an aggregate of 5,000,000 shares (the “Firm Shares”) of the Company’s Class A common stock, par value $0.0001 per share (the “Class A common stock”), and up to an additional 750,000 shares (the “Option Shares” and, together with the Firm Shares, the “Shares”) of Class A common stock at the Underwriter’s option, which the Underwriter exercised in full on February 28, 2024.”

AAR CORP amended Amended Revolving Credit Facility with Wells Fargo Bank, N.A. valued at Amendment increased aggregate commitments to $825.0 million, borrowed $186.2 million (effective 2024-03-01).

“On March 1, 2024, the Company entered into an amendment (the “Revolver Amendment”) to the Credit Agreement, dated as of December 14, 2022, among the Company, as borrower, the lenders from time to time party thereto and Wells Fargo Bank, N.A., as administrative agent, which governs the Company’s existing revolving credit facility (the revolving credit facility as amended by the Revolver Amendment, the “Amended Revolving Credit Facility”).”

AAR CORP entered into Base Indenture, First Supplemental Indenture, and 6.750% Senior Notes due 2029 with Wilmington Trust, National Association valued at $550,000,000 aggregate principal amount (effective 2024-03-01).

“On March 1, 2024, AAR Escrow Issuer, LLC (the “Escrow Issuer”), a Delaware limited liability company and wholly owned subsidiary of the Company, issued $550,000,000 aggregate principal amount of its 6.750% Senior Notes due 2029 (the “Notes”) to fund a portion of the purchase price for the Triumph Group Product Support Business Acquisition (the “Note Offering”).”

Greenbrook TMS Inc. amended twenty-sixth amendment with Madryn Fund Administration, LLC valued at US$1,776,650 (effective 2024-03-01).

“the twenty-sixth amendment (the " Amendment ") to the Company’s credit agreement, dated as of July 14, 2022 (as previously amended and as amended by the Amendment, the " Credit Agreement "), by and among the Company, certain of its subsidiaries party thereto as guarantors, Madryn Fund Administration, LLC, as administrative agent (" Madryn ") and the lenders party thereto. Pursuant to the Amendment, the Company borrowed US$1,776,650 in senior secured term loans (the " New Loan ")”

INTELLIGENT BIO SOLUTIONS INC. entered into Consulting Agreement with C2C Advisors Inc. valued at $25,000 per month (effective 2024-02-29).

“On February 29, 2024, Intelligent Bio Solutions Inc. (the “Company”) entered into a Consulting Agreement (the “C2C Agreement”) with C2C Advisors Inc. (“C2C”) pursuant to which C2C will provide certain advisory and investor relations services to the Company.”

Dayforce, Inc. terminated Former Credit Facility with Deutsche Bank AG New York Branch valued at Repaid in full all outstanding obligations under the Former Credit Agreement, including the term loa (effective 2024-02-29).

“The Company repaid in full all outstanding obligations under the Former Credit Agreement, including the term loans made thereunder, on February 29, 2024 and terminated all commitments thereunder.”

Dayforce, Inc. entered into Credit Agreement with JPMorgan Chase Bank, N.A. valued at $650.0 million senior secured term loan facility and $350.0 million senior secured revolving credit (effective 2024-02-29).

“On February 29, 2024, Dayforce, Inc. (the “ Company ”) entered into a Credit Agreement (the “ Credit Agreement ”) by and among the Company, as borrower, the lenders party thereto (the “ Lenders ”) and JPMorgan Chase Bank, N.A., as administrative agent and collateral agent for the Lenders (the senior secured credit facilities provided thereunder, the “ New Senior Secured Credit Facilities ”).”

Virpax Pharmaceuticals, Inc. entered into Settlement Agreement and Mutual Release with Sorrento Therapeutics, Inc. and Scilex Pharmaceuticals Inc. valued at $6 million (effective 2024-02-29).

“On February 29, 2024, Virpax Pharmaceuticals, Inc. ( the “Company”) and Sorrento Therapeutics, Inc. (“Sorrento”) and Scilex Pharmaceuticals Inc. (“Scilex”) executed a Settlement Agreement and Mutual Release (the “Agreement”) to fully resolve all issues related to the litigation between the Company (a defendant) and Sorrento and Scilex (collectively, referred to as the “Plaintiffs”) captioned Sorrento Therapeutics, Inc. and Scilex Pharmaceuticals Inc. v. Anthony Mack and Virpax Pharmaceuticals, Inc ., Case No. 2021-0210-PAF (the “Action”), all subject to the entry by the United States Bankruptcy Court for the Southern District of Texas, which is handling the Sorrento bankruptcy filing (the “Bankruptcy Court”), of an order approving the Agreement (the “Settlement Order”).”

CURO Group Holdings Corp. entered into 2.0L Notes Forbearance Agreement with certain beneficial owners (or nominees, investment managers, advisors or subadvisors for the beneficial owners) (effective 2024-03-01).

“Also on March 1, 2024, the Company entered into a Forbearance Agreement (the “2.0L Notes Forbearance Agreement”) with certain beneficial owners (or nominees, investment managers, advisors or subadvisors for the beneficial owners) (the “2”

CURO Group Holdings Corp. entered into 1.5L Notes Forbearance Agreement with certain beneficial owners of approximately 84% of the outstanding aggregate principal amount of 1.5L Notes (effective 2024-03-01).

“On March 1, 2024, the Company entered into a Forbearance Agreement (the “1.5L Notes Forbearance Agreement”) with certain beneficial owners (or nominees, investment managers, advisors or subadvisors for the beneficial owners) (the “1.5L Forbearing Noteholders”) of approximately 84% of the outstanding aggregate principal amount of 1.5L Notes.”

Sterling Check Corp. entered into Agreement and Plan of Merger with First Advantage Corporation valued at Merger consideration of $16.73 per share in cash or 0.979 shares of First Advantage common stock per (effective 2024-02-28).

“On February 28, 2024, Sterling Check Corp., a Delaware corporation (the “Company” or “Sterling”), entered into an Agreement and Plan of Merger (the “Merger Agreement”) with First Advantage Corporation, a Delaware corporation (“First Advantage”), and Starter Merger Sub, Inc., a Delaware corporation and an indirect wholly-owned subsidiary of First Advantage (“Merger Sub”).”

Crinetics Pharmaceuticals, Inc. entered into Securities Purchase Agreement with certain institutional accredited investors named therein valued at aggregate gross proceeds from the Private Placement of approximately $350 million (effective 2024-02-27).

“On February 27, 2024, Crinetics Pharmaceuticals, Inc. (the “Company”) entered into a securities purchase agreement (the “Securities Purchase Agreement”) with certain institutional accredited investors named therein (the “Purchasers”), pursuant to which the Company agreed to issue and sell to the Purchasers in a private placement (the “Private Placement”) an aggregate of 8,333,334 shares (the “Shares”) of the Company’s common stock, par value $0.001 per share (the “Common Stock”), at a purchase price of $ 42.00 per share.”

Beyond Air, Inc. amended Amendment No. 1 with Truist Securities, Inc. and Oppenheimer & Co. Inc. (effective 2024-02-28).

“On February 28, 2024, Beyond Air, Inc. (the “Company”) entered into an Amendment No. 1 (the “Amendment”) to the At-The-Market Equity Offering Sales Agreement , dated February 4, 2022 (as amended, the “Sales Agreement”), by and among the Company, Truist Securities, Inc. and Oppenheimer & Co. Inc. (“Oppenheimer”), as sales agents (the “Agents”).”

Kraft Heinz Co amended Eleventh Supplemental Indenture with Deutsche Bank Trust Company Americas valued at €550,000,000 3.500% Senior Notes due 2029 (effective 2024-03-01).

“the Eleventh Supplemental Indenture, dated as of March 1, 2024, by and among the Issuer, the Guarantor and the Trustee (the “Eleventh Supplemental Indenture”)”

Super League Enterprise, Inc. entered into Agreement with GameSafer, Inc. valued at $1,000,000 (effective 2024-02-26).

“Pursuant to the Asset Purchase Agreement entered into by and between GameSafer and the Company on February 26, 2024 (the “ Agreement ”), the Company will receive $1,000,000 purchase consideration for Minehut, which amount will be paid by GameSafer in revenue and royalty sharing over a period of two years, as described in the Agreement.”

Viking Therapeutics, Inc. entered into Underwriting Agreement with Morgan Stanley & Co. LLC and Leerink Partners LLC valued at approximately $550.0 million (effective 2024-02-28).

“On February 28, 2024, Viking Therapeutics, Inc. (the “Company”) entered into an underwriting agreement (the “Underwriting Agreement”) with Morgan Stanley & Co. LLC and Leerink Partners LLC (the “Representatives”), as representatives of the several underwriters named therein (the “Underwriters”), relating to an underwritten public offering (the “Offering”) of 6,471,000 shares of the Company’s common stock (“Common Stock”).”

Physicians Realty Trust terminated January 2016 Note Purchase Agreement and August 2016 Note Purchase Agreement with Physicians Realty Trust, Physicians Partnership, purchasers valued at Prepayment of $135M January 2016 Notes and $75M August 2016 Notes at 100% principal plus accrued int (effective 2024-02-28).

“Physicians Partnership prepaid (i) $135 million in aggregate principal amount of its senior notes due January 7, 2026, January 7, 2028 and January 7, 2031, respectively (the “ January 2016 Notes ”), constituting all of the January 2016 Notes issued and outstanding pursuant to that certain Note Purchase and Guarantee Agreement, dated as of January 7, 2016, among Physicians Realty Trust, Physicians Partnership and the purchasers party thereto”

Physicians Realty Trust terminated DOC Revolving Facility under Existing DOC Credit Agreement with KeyBank National Association, lenders valued at All outstanding amounts repaid, commitments reduced to zero and permanently terminated (effective 2024-02-28).

“all outstanding amounts under the revolving credit facility under the Existing DOC Credit Agreement (the “ DOC Revolving Facility ”) were repaid in full and all commitments of lenders in connection with the DOC Revolving Facility were reduced to zero and permanently terminated”

Physicians Realty Trust entered into Supplemental Indenture to Senior Indenture (DOC Notes) with DOC DR Holdco, DOC DR OP Sub, Healthpeak, Healthpeak OP, U.S. Bank Trust Company valued at Assumption of obligations regarding $400M 4.300% Senior Notes due 2027, $350M 3.950% Senior Notes du (effective 2024-02-28).

“DOC DR Holdco (as successor to Physicians Realty Trust), DOC DR OP Sub (as successor to Physicians Partnership), Healthpeak, Healthpeak OP and U.S. Bank Trust Company, National Association, as successor in interest to U.S. Bank National Association, as trustee, entered into a fourth supplemental indenture (the “ Supplemental Indenture ”) to the Senior Indenture, dated as of March 7, 2017”

Physicians Realty Trust entered into DOC Credit Agreement (Consent and Third Amendment to Third Amended and Restated Credit Agreement) with Healthpeak, Healthpeak OP, DOC DR Holdco, DOC DR OP Sub, KeyBank National Association valued at Amendment, assumption, joinder, and repayment/termination of revolving facility (effective 2024-02-28).

“On the Closing Date, upon consummation of the Mergers, Healthpeak, Healthpeak OP, DOC DR Holdco and DOC DR OP Sub executed the Consent and Third Amendment (the “ DOC Amendment ”) to that certain Third Amended and Restated Credit Agreement, dated as of September 24, 2021, by and among Physicians Partnership, as borrower, Physicians Realty Trust, as guarantor, the lenders party thereto and KeyBank National Association, as administrative agent”

Jaguar Health, Inc. entered into PIPE Warrant Exchange Agreements with the PIPE Investors (effective 2024-02-27).

“On February 27, 2024, each of the PIPE Investors entered into an exchange agreement with the Company (each, a “PIPE Warrant Exchange Agreement” and collectively, the “PIPE Warrant Exchange Agreements”).”

Jaguar Health, Inc. entered into Streeterville Exchange Agreement with Streeterville Capital, LLC (effective 2024-03-01).

“On March 1, 2024, the Company entered into a privately negotiated exchange agreement with Streeterville (the “Streeterville Exchange Agreement”), pursuant to which the Company issued an aggregate of 179.3822 shares of Series J Preferred Stock to Streeterville at an effective exchange price per share equal to the market price (defined as the Minimum Price under Nasdaq Listing Rule 5635(d)) as of the date of the Streeterville Exchange Agreement, in exchange for the surrender of the March 2021 Royalty Interest by Streeterville (the “CVP Exchange Transaction”).”

Bloomin' Brands, Inc. entered into Accelerated Stock Repurchase Agreement with Wells Fargo Bank, National Association valued at $220,000,000 (effective 2024-03-01).

“On March 1, 2024, Bloomin’ Brands, Inc. (the “Company”) entered into an accelerated share repurchase agreement (the “ASR Agreement”), pursuant to its previously announced 2024 Share Repurchase Program, with Wells Fargo Bank, National Association (“Wells Fargo”) to repurchase approximately $220 million of the Company’s common stock (“Common Stock”).”

Orgenesis Inc. entered into Binding Term Sheet with Germfree Laboratories LLC valued at $750,000 (effective 2024-02-26).

“On February 26, 2024, Orgenesis Maryland LLC (“Orgenesis Maryland”), a wholly-owned subsidiary of Orgenesis Inc. (the “Company”), entered into a Binding Term Sheet (the “Binding Term Sheet”) with Germfree Laboratories LLC (“Germfree”), for the sale by Orgenesis Maryland of five Orgenesis Mobile Processing Units and Labs (“OMPULs”) to Germfree, which will be incorporated into Germfree’s lease fleet and leased back to Orgenesis Maryland, and a strategic collaboration framework.”

Vivakor, Inc. entered into Agreement and Plan of Merger with Empire Diversified Energy, Inc. valued at an aggregate of 67,200,000 shares (the “Consideration Shares”) of the Parent’s common stock, par val (effective 2024-02-26).

“On February 26, 2024 (the “Execution Date”), Vivakor, Inc., a Nevada corporation (the “Parent”), entered into an Agreement and Plan of Merger (the “Merger Agreement”) with Empire Energy Acquisition Corp., a Delaware corporation and wholly owned subsidiary of the Parent (“Merger Sub”), and Empire Diversified Energy, Inc., a Delaware corporation (“Empire””

AUGUSTA GOLD CORP. entered into Unsecured Note Purchase Agreement with Donald Taylor valued at US$262,500 Loan; 14% interest; matures December 31, 2024; 300,000 warrants exercisable at C$0.62 for (effective 2024-02-26).

“On February 26, 2024, Augusta Gold Corp. (the “ Company ”) entered into an unsecured note purchase agreement (the “ Purchase Agreement ”) with Donald Taylor (the “ Lender ”) to offer and sell an unsecured promissory note of the Company (the “ Note ”) in exchange for the Lender loaning the Company US$262,500 (the “ Loan ”).”

Mistras Group, Inc. amended First Amendment with JPMorgan Chase Bank N.A. valued at $10 million to $15 million (effective 2024-02-27).

“On February 27, 2024, Mistras Group, Inc. entered into the First Amendment (the “Amendment”) to its existing Credit Agreement (the “Credit Agreement”), dated August 1, 2022, with JPMorgan Chase Bank N.A., as administrative agent for the lenders and a lender and the other lenders under the Credit Agreement.”

EVERBRIDGE, INC. entered into Amended and Restated Agreement and Plan of Merger with Project Emerson Parent, LLC and Project Emerson Merger Sub, Inc. valued at $35.00 per share in cash (effective 2024-02-29).

“On February 29, 2024, Everbridge, Inc. (“ Everbridge ”) entered into an Amended and Restated Agreement and Plan of Merger (“ A&R Merger Agreement ”), by and among Everbridge, Project Emerson Parent, LLC (“ Parent ”) and Project Emerson Merger Sub, Inc. (“ Merger Sub ”), which amends and restates the previously announced Agreement and Plan of Merger, dated as of February 4, 2024 (the “ Original Merger Agreement ”), by and among Everbridge, Parent and Merger Sub.”

Workhorse Group Inc. terminated Exchange Agreement with High Trail Special Situations LLC valued at Warrant cancelled in exchange for 8,500,000 shares of Common Stock (effective 2024-02-29).

“In connection with the Note Amendment, the Company entered into a letter agreement (the “Exchange Agreement”) whereby the Company exchanged the Warrant with the Holder for a total of 8,500,000 shares of Common Stock, whereupon the Warrant was cancelled (the “Exchange”).”

Workhorse Group Inc. amended First Amendment to Green Senior Secured Convertible Note Due 2026 with High Trail Special Situations LLC valued at Note amended to redeem $10,000,000 principal, reduce outstanding to $2,500,000, remove partial redem (effective 2024-02-29).

“On February 29, 2024, the Company entered into a First Amendment to Green Senior Secured Convertible Note Due 2026 (the “Note Amendment”) with the Holder pursuant to which (i) the Company redeemed $10,000,000 principal amount of the Note using funds in a controlled account that had been pledged as collateral securing the Company’s obligations under the Note, thereby reducing the outstanding principal amount of the Note to $2,500,000, and (ii) the parties amended the Note to remove February 15, 2024 and March 1, 2024 as Partial Redemption Dates, permit the Company to prepay the Note at its option, subject to certain conditions, and delete the minimum liquidity covenant.”

Cocrystal Pharma, Inc. terminated License Agreements with Kansas State University Research Foundation valued at Early termination of License Agreements dated February 12, 2020 and April 19, 2020 (effective 2024-03-29).

“provided notice to Kansas State University Research Foundation of the Company’s election to terminate the License Agreements (the “Agreements”) dated February 12, 2020 and April 19, 2020. The terminations, which were made due to the Company’s determination that further development efforts under the Agreements would be futile, are effective on March 29, 2024.”

INVO Fertility, Inc. entered into Agreement for the Purchase and Sale of Future Receipts with Buyer valued at $236,250 (effective 2024-02-26).

“On February 26, 2024, INVO Bioscience, Inc. (the “Company”) finalized an Agreement for the Purchase and Sale of Future Receipts (the “Future Receipts Agreement”) with a buyer (the “Buyer”) under which the Buyer purchased $344,925 of our future sales for a gross purchase price of $236,250.”

Five9, Inc. entered into Indenture with U.S. Bank Trust Company, National Association (effective 2024-03-01).

“The Notes were issued pursuant to, and are governed by an Indenture, dated March 1, 2024 (the “Indenture”), between the Company and U.S. Bank Trust Company, National Association, as trustee.”

W&T OFFSHORE INC amended Fifteenth Amendment with certain of the Company’s lenders and other parties thereto (effective 2024-02-28).

“On February 28, 2024, W&T Offshore, Inc. (together with its guarantor subsidiaries, the “Company”) entered into a Fifteenth Amendment to the Sixth Amended and Restated Credit Agreement (the “Fifteenth Amendment”) dated as of February 28, 2024, among the Company, certain of its guarantor subsidiaries, Alter Domus (US) LLC, as administrative agent, and certain of the Company’s lenders and other parties thereto (as heretofore amended, the “Credit Agreement”).”

Unique Logistics International, Inc. terminated Agreement and Plan of Merger with Edify Acquisition Corp. and Edify Merger Sub, Inc. valued at Termination of Merger Agreement (effective 2024-03-01).

“As previously disclosed, on December 18, 2022, Unique Logistics International, Inc., a Nevada corporation (the “Company”) entered into an Agreement and Plan of Merger by and among Edify Acquisition Corp., a Delaware corporation (“Buyer” or “Edify”), Edify Merger Sub, Inc., a Nevada corporation (“Merger Sub”), and the Company, as amended and supplemented (the “Merger Agreement”). The Company, Buyer and Merger Sub entered into a mutual termination agreement dated as of March 1, 2024 (the “Termination Agreement”), pursuant to which they mutually agreed to terminate the Merger Agreement effective as of such date.”

Unique Logistics International, Inc. entered into Termination Agreement with Edify Acquisition Corp. and Edify Merger Sub, Inc. valued at Mutual termination of the Merger Agreement (effective 2024-03-01).

“The Company, Buyer and Merger Sub entered into a mutual termination agreement dated as of March 1, 2024 (the “Termination Agreement”), pursuant to which they mutually agreed to terminate the Merger Agreement effective as of such date.”

ORAGENICS INC entered into Underwriting Agreement with ThinkEquity LLC valued at $2.1 million (effective 2024-02-27).

“On February 27, 2024, Oragenics, Inc. (“Oragenics” or the “Company”) entered into an underwriting agreement (the “Underwriting Agreement”) with ThinkEquity LLC, as representative (the “Representative”) of the underwriters named therein (collectively, the “Underwriters”), relating to the issuance and sale (the “Offering”) of 1,400,000 shares of the Company’s common stock at a price to the public of $1.50 per share (the “Underwritten Shares”).”

FIRST ADVANTAGE CORP entered into Agreement and Plan of Merger with Sterling Check Corp. (effective 2024-02-28).

“on February 28, 2024, First Advantage Corporation, a Delaware corporation (the “Company” or “First Advantage”), entered into an Agreement and Plan of Merger (the “Merger Agreement”) with Sterling Check Corp., a Delaware corporation (“Sterling”), and Starter Merger Sub, Inc., a Delaware corporation and an indirect wholly-owned subsidiary of First Advantage (“Merger Sub”).”

Marker Therapeutics, Inc. terminated Purchase Agreement with Lincoln Park Capital Fund, LLC (effective 2024-03-01).

“On February 29, 2024, Marker Therapeutics, Inc. (the “Company”) delivered notice to Lincoln Park Capital Fund, LLC, an Illinois limited liability company (“LPC”), terminating the Purchase Agreement, dated December 12, 2022 (the “Purchase Agreement”), with LPC effective March 1, 2024”

BOWFLEX INC. terminated Credit Agreement with Wells Fargo Bank, National Association valued at approximately $3.02 million (effective 2024-02-26).

“On February 26, 2024, the Company entered into a payoff letter for a voluntary prepayment of the Credit Agreement (the “ Payoff Letter ”). Pursuant to the Payoff Letter, the Company paid a total of approximately $3.02 million to the Agent, representing the outstanding interest, expenses and fees, cash collateral, and other amounts owing to the Lenders and thereby terminated the Credit Agreement.”

Booking Holdings Inc. entered into Officers’ Certificates valued at €500,000,000 aggregate principal amount of the Company’s 3.500% Senior Notes due 2029, €650,000,000 (effective 2024-03-01).

“On March 1, 2024, Booking Holdings Inc. (the “ Company ”) executed four Officers’ Certificates (the “ Officers’ Certificates ”)”

UNITED GUARDIAN INC entered into Manufacturing and Supply Agreement with Amsino Healthcare (USA), Inc. (effective 2023-03-30).

“On March 30, 2023, United-Guardian, Inc. (the “Company”) entered into a manufacturing and supply agreement with Amsino Healthcare (USA), Inc. (“Amsino”), the successor in interest to Smiths Medical, effective as of January 1, 2023 (the “Agreement”).”

TYSON FOODS, INC. entered into Underwriting Agreement with BofA Securities, Inc. and Morgan Stanley & Co. LLC, as representatives of the several underwriters named therein valued at $600,000,000 aggregate principal amount of its 5.400% Senior Notes due 2029 and $900,000,000 aggrega (effective 2024-02-28).

“On February 28, 2024, Tyson Foods, Inc. (the “Company”) entered into an underwriting agreement (the “Underwriting Agreement”) (attached hereto as Exhibit 1.1 and incorporated herein by reference) with BofA Securities, Inc. and Morgan Stanley & Co. LLC, as representatives of the several underwriters named therein (the “Underwriters”), pursuant to which the Underwriters agreed to purchase from the Company $600,000,000 aggregate principal amount of its 5.400% Senior Notes due 2029 (the “2029 Notes”) and $900,000,000 aggregate principal amount of its 5.700% Senior Notes due 2034 (the “2034 Notes” and, together with the 2029 Notes, the “Notes”).”

ACHIEVE LIFE SCIENCES, INC. terminated At-the-Market Sales Agreement with Virtu Americas LLC valued at Termination of at-the-market offering program (effective 2024-02-28).

“Item 1.02 Termination of Material Definitive Agreement As previously disclosed, on December 21, 2021, the Company entered into an At-the-Market Sales Agreement (the “Sales Agreement”) with Virtu Americas LLC (“Virtu”) with respect to an “at-the-market” offering program under which the Company could offer and sell, from time to time at the Company’s sole discretion, shares of Common Stock through Virtu as its sales agent.”

ACHIEVE LIFE SCIENCES, INC. entered into Securities Purchase Agreement with Purchasers valued at up to 13,086,151 shares at $4.585 per share and warrants (effective 2024-02-28).

“On February 28, 2024, Achieve Life Sciences, Inc. (the “Company”) entered into a securities purchase agreement (the “Purchase Agreement”) with certain purchasers (the “Purchasers”) for the sale of up to 13,086,151 shares (the “Shares”) of the Company’s common stock, par value $0.001 per share (the “Common Stock”), at a price of $4.585 per Share.”

ACI WORLDWIDE, INC. entered into Refinance Amendment to Second Amended and Restated Credit Agreement with Bank of America, N.A., as administrative agent and a lender, BofA Securities, Inc., PNC Capital Markets LLC, Wells Fargo Securities, LLC, and TD Securities (USA) LLC, as Joint Lead Arrangers and Joint Bookrunners, and the other financial institutions party thereto valued at $500 million Term Loan Facility and up to $600 million Revolving Loan Facility (effective 2024-02-26).

“On February 26, 2024, ACI Worldwide, Inc. (the “Company”) entered into a Refinance Amendment (the “Amendment”) to the Second Amended and Restated Credit Agreement, dated as of April 5, 2019 (as amended, restated, supplemented or otherwise modified from time to time, including by the Amendment, the “Credit Agreement”) among the Company, the subsidiary borrowers from time to time party thereto, the lenders from time to time party thereto, Bank of America, N.A., as administrative agent and a lender, BofA Securities, Inc., PNC Capital Markets LLC, Wells Fargo Securities, LLC, and TD Securities (USA) LLC, as Joint Lead Arrangers and Joint Bookrunners, and the other financial institutions party thereto.”

TITAN INTERNATIONAL INC entered into Credit Agreement with Bank of America, N.A., as agent and a lender, and other financial institutions valued at $225 million revolving credit facility (effective 2024-02-29).

“On February 29, 2024, the Company and certain of its subsidiaries entered into a credit and security agreement with respect to a $225 million revolving credit facility”

TITAN INTERNATIONAL INC entered into Membership Interest Purchase Agreement with Carlstar Intermediate Holdings I, LLC, AIPCF V Feeder (Cayman), LP, AIPCF V Feeder CTP Tire, LLC, The Carlstar Group, LLC valued at approximately $296.2 million (effective 2024-02-29).

“On February 29, 2024, Titan International, Inc., a Delaware corporation (the “ Company ”) entered into a Membership Interest Purchase Agreement”