Browse EX-10 agreements

FIRST INCREMENTAL FACILITY AMENDMENT

This FIRST INCREMENTAL FACILITY AMENDMENT (this “Amendment”), dated as of August 28, 2026, is entered into by and among (i) Hornbeck Offshore Services, Inc., a Delaware corporation, as borrower (the “Borrower”), (ii) the Guarantors party hereto, (iii) the financial institutions listed on Schedule 1 hereto as Lenders and Incremental Facility Lenders (the “First Incremental Facility Lenders”), and (iv) DNB Bank ASA, New York Branch, as administrative agent (the “Administrative Agent”).

WHEREAS, the Borrower, the Lenders, the Collateral Agent and the Administrative Agent are each party to that certain Credit Agreement, dated as of August 13, 2024, as amended by that certain First Amendment thereto dated as of December 27, 2024 and that certain Second Amendment thereto dated as of August 28, 2026 (as amended, restated, amended and restated, supplemented or otherwise modified and in effect immediately prior to the First Incremental Facility Amendment Effective Date, the “Existing Credit Agreement” and, the Existing Credit Agreement as modified by this Amendment, the “Credit Agreement”);

…

ROSS STORES, INC.

NOTICE OF GRANT OF RESTRICTED STOCK UNITS

(For Nonemployee Director)

Ross Stores, Inc. (the “Company”) has granted to the Participant an award (the “Award”) of certain restricted stock units pursuant to the Ross Stores, Inc. 2026 Equity Incentive Plan (the “Plan”), each of which represents the right to receive on the applicable Settlement Date one (1) share of Stock, as follows. Capitalized terms used herein but not otherwise defined have the meanings set forth in the Plan and the Restricted Stock Units Agreement for Nonemployee Directors (the “Restricted Stock Units Agreement”):

…

Notice of Grant of Restricted Stock Award					ROSS STORES, INC.ID:94-13903875130 Hacienda DriveDublin, CA 94568(925) 965-4271 phoneStock.Admin@ros.com
NAME					Award Number:
ADDRESS					Plan: 20XX
CITY, STATE ZIPCODE					ID:

|

ROSS STORES, INC.

NOTICE OF GRANT OF PERFORMANCE SHARES

The Participant has been granted an award of Performance Shares (the “Award”) pursuant to the Ross Stores, Inc. 2026 Equity Incentive Plan (the “Plan”) and the Performance Share Agreement attached hereto (the “Agreement”), as follows:

Notice of Grant of Restricted Stock Award					ROSS STORES, INC.ID:94-13903875130 Hacienda DriveDublin, CA 94568(925) 965-4271 phoneStock.Admin@ros.com
NAME					Award Number:
ADDRESS					Plan: 20XX
CITY, STATE ZIPCODE					ID:

|

**Bidding Form **

[_________]1

To:		Moderna, Inc. 325 Binney Street Cambridge, Massachusetts 02142
From:		[__________]
Re:		[Base]2[Additional]3 Capped Call Transaction
Ref. No:		[__________]4
Date:		[__], 2026

Dear Ladies and Gentlemen:

The purpose of this communication (this “Confirmation”) is to set forth the terms and conditions of the above-referenced transaction entered into on the Trade Date specified below (the “Transaction”) between [___________] (“Dealer”)[, represented by [_________] (“Agent”) as its agent,] and Moderna, Inc. (“Counterparty”). This communication constitutes a “Confirmation” as referred to in the ISDA Master Agreement specified below.

…

INCREASE AND JOINDER TO CREDIT AGREEMENT

INCREASE AND JOINDER TO CREDIT AGREEMENT, dated as of August 27, 2026 (this “Agreement”), among J.P. MORGAN REIT OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (the “Company”), the Guarantors party hereto, the Lenders party hereto, TRUIST BANK, as Administrative Agent (the “Administrative Agent”), PNC BANK, NATIONAL ASSOCIATION and TD BANK N.A., as joining lenders (each a “New Lender”), and TRUIST BANK and BMO BANK N.A., as increasing lenders (each, an “Increasing Lender”).  Capitalized terms used herein and not otherwise defined shall have the meanings assigned to such terms in the Amended Credit Agreement (as defined below).

WHEREAS, the Company, the Designated Borrowers from time to time party thereto, the Administrative Agent, and the Lenders and L/C Issuers from time to time party thereto are parties to that certain Credit Agreement, dated as of July 15, 2025, as amended on May 22, 2026 pursuant to that certain First Amendment to Credit Agreement (as amended, restated, supplemented or otherwise modified prior to the date hereof, the “Credit Agreement”, and as amended by this Agreement, the “Amended Credit Agreement”); and

WHEREAS, the Company has requested an increase in the Revolving Credit Facility to $550,000,000 pursuant to Section 2.15of the Credit Agreement;

…

CONFIDENTIAL

CUSTODIAL SERVICES AGREEMENT

Ionic Digital Treasury Inc. &

Fidelity Digital Asset Services, LLC

---

THIS CUSTODIAL SERVICES AGREEMENT (this “Agreement”) is made on June 18, 2024, (the “Effective Date”), by and between Ionic Digital Treasury Inc. (the “Client”), and Fidelity Digital Asset Services, LLC (the “Custodian”, and collectively with the Client, the “Parties,” and each individually, a “Party”).

							1.	DEFINITIONS AND INTERPRETATION

							A.	Definitions.For purposes of this Agreement and any exhibit or schedule hereto, the following terms shall have the meanings ascribed to them below:

“Account Tax Documentation” has the meaning set forth in Section 7.B.

“Affiliated Agent” has the meaning set forth in Section 12.C.iii.

…

FORM OFOMNIBUS AMENDMENT TO IONIC DIGITAL INC. OMNIBUS INCENTIVE PLAN PERFORMANCE RESTRICTED STOCK UNIT AWARD GRANT NOTICES

This Omnibus Amendment (“Amendment”), dated as of August 27, 2026, amends certain terms and conditions of those certain Performance Restricted Stock Unit Award Grant Notices governing the terms of performance restricted stock units (“PRSUs”) granted by Ionic Digital Inc., a Delaware corporation (the “Company”) to employees of the Company (such agreements, the “Performance Restricted Stock Unit Award Grant Notices” and such employees, the “Participants”) under the Ionic Digital Inc. Omnibus Incentive Plan (the “Plan” ). Terms used herein, unless otherwise defined herein, shall have the meanings ascribed to them in the Plan and in the specified award agreement.

RECITALS

WHEREAS, the Committee (or the Board, as applicable) is empowered pursuant to Article XI of the Plan to amend, without Participant consent, the terms of any award previously granted under the Plan if such amendment does not materially impair the Participant’s rights; and

WHEREAS, the Board and the Committee have approved an amendment to each outstanding Performance Restricted Stock Unit Award Grant Notice to allow for a portion of the PRSUs to be eligible to vest if a Participant’s Termination of Service is by involuntary termination by the Company without Cause or by the Participant for Good Reason, in each case, as described herein.

NOW THEREFORE, the following terms and conditions apply to all currently outstanding Performance Restricted Stock Unit Award Grant Notices:

…

Restrictive Covenant Agreement

This Restrictive Covenant Agreement (this “Agreement”), dated [●], 2026, is entered into by and between [●] (“Executive”), and Ionic Digital Inc. (the “Company”, and together, with any of its parent entities, subsidiaries and related or affiliated entities, in each case, determined as of the earlier of the Termination Date or immediately prior to a Change in Control, the “Company Group”).

1.Consideration. Executive acknowledges and agrees that Executive’s receipt of severance benefits under the Ionic Digital Inc. Executive Severance Plan (the “Plan”) constitutes sufficient consideration to support the covenants set forth herein.

2.Acknowledgements. Executive further acknowledges and recognizes that (i) Executive is in possession of specialized information concerning the total operations, conduct, management, and strategy of the Company’s business, and that the applicability of Executive’s knowledge of these matters will not be limited to Executive’s principal location of employment, but rather is expected to be applicable wherever the Company Group conducts business, and (ii) the Company has a legitimate business interest in protecting the acquired Confidential Information, goodwill, and trade secrets of the Company Group. Executive also acknowledges and recognizes the highly competitive nature of the business of the Company Group and that Executive would not have been provided the opportunity to participate in the Plan if Executive did not execute this Agreement.

3.Restrictive Covenants

…

Deal CUSIP Number: 84857MAG4

Delayed Draw Term Loan Facility CUSIP Number: 84857MAH2

DELAYED DRAW TERM LOAN AGREEMENT

BY AND AMONG

Spire Inc.,

MIZUHO BANK, LTD.,

AS ADMINISTRATIVE AGENT,

U.S. BANK NATIONAL ASSOCIATION,

AS SYNDICATION AGENT,

MIZUHO BANK, LTD.,

and

U.S. BANK NATIONAL ASSOCIATION,

AS JOINT LEAD ARRANGERS AND JOINT BOOKRUNNERS,

REGIONS BANK

and

THE TORONTO-DOMINION BANK, NEW YORK BRANCH
AS CO-DOCUMENTATION AGENTS

BANK OF AMERICA, N.A.
and
COMMERCE BANK
AS CO-MANAGING AGENTS

AND

THE BANKS PARTY HERETO

August 31, 2026

20129780v5 30040.00011

---

TABLE OF CONTENTS

Page

SECTION 1. DEFINITIONS.	1
1.01 Definitions	1
1.02 Accounting Terms	25
1.03 Other Terms; Construction	26
1.04 Interest Rates	26
1.05 Divisions	27
SECTION 2. THE LOANS.	27
2.01 Delayed Draw Term Loan Commitments.	27
2.02 Method of Borrowing.	28

…

LEASE AGREEMENT BETWEEN

hightower phase II owner, LLC,

AS LANDLORD, AND

applied optoelectronics, inc.,

AS TENANT

DATED August 31, 2026

houston, TEXAS

BASIC LEASE INFORMATION

| | | | | |

…