Browse EX-10 agreements

[Dealer Name]
[Dealer Address]

August [__], 2026

To: Dynatrace LLC

280 Congress Street, 11th Floor

Boston, MA 02210

Re:    [Base]1[Additional]2Call Option Transaction

The purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the call option transaction entered into among [Dealer] (“Dealer”) and Dynatrace LLC (“Counterparty”) and Dynatrace, Inc. (“Parent”) as of the Trade Date specified below (the “Transaction”). This letter agreement constitutes a “Confirmation” as referred to in the ISDA Master Agreement specified below.

The definitions and provisions contained in the 2002 ISDA Equity Derivatives Definitions (the “Equity Definitions”), as published by the International Swaps and Derivatives Association, Inc. (“ISDA”) are incorporated into this Confirmation. In the event of any inconsistency between the Equity Definitions and this Confirmation, this Confirmation shall govern. Certain defined terms used herein are based on terms that are defined in the Offering Memorandum dated August 17, 2026 (the “Offering Memorandum”) relating to the 0.00% Exchangeable Senior Notes due 2031 (as originally issued by Counterparty, the “Notes” and each USD 1,000 principal amount of Notes, a “Note”) issued by Counterparty in an aggregate initial principal amount of USD 1,250,000,000 (as increased by [up to]3an aggregate principal amount of USD 187,500,000 [if and to the extent that]4[pursuant to the exercise by]5the Initial Purchasers (as defined herein) [exercise]6[of]7 their option to purchase additional Notes pursuant to the

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WOLFSPEED, INC.

WOLFSPEED BONUS PLAN

Effective for Fiscal Year 2026

1.PURPOSE

1.1.The purpose of this Wolfspeed Bonus Plan (the “Plan”) is to motivate and reward excellent performance, to attract and retain outstanding employees, to create a strong link between individual performance and the Company’s operating and strategic plans, to achieve greater corporate performance by focusing on results, and to encourage teamwork at the highest levels within the organization. The Plan rewards Participants with cash payments based on their contributions and the attainment of specific corporate goals.

1.2.For purposes of this Plan, the “Company”collectively includes Wolfspeed, Inc. (“Wolfspeed”) and its Plan-participating subsidiaries and affiliates as they exist from time to time.

2.DEFINITIONS

2.1.Annual Award Results – a percentage reflecting achievement of the Annual Performance Goals for the fiscal year.

2.2.Annual Performance Goals– Financial targets and other initiatives as recommended by the CEO and approved by the Compensation Committee and detailed in section 4.2.

2.3.Base Salary– the Participant’s annual base salary for the fiscal year, except as otherwise provided in this Plan.

2.4.Business Unit– a material subsidiary or a business division or business segment of the Company.

2.5.Change in Control– for purposes of this Plan, a “Change in Control” will be deemed to have occurred upon the happening of any of the following events:

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SEPARATION AND GENERAL RELEASE AGREEMENT

This SEPARATION AND GENERAL RELEASE AGREEMENT (the “Agreement”) is made and entered into between Wolfspeed, Inc., a North Carolina corporation(the “Company”), and Kevin Speirits(“Executive”). Throughout the remainder of the Agreement, the Company and Executive may be collectively referred to as “the parties.”

Executive was employed as Senior Vice President, Finance. Executive is subject to the Employee Agreement Regarding Confidential Information, Intellectual Property, and Non-Competition (the “Non-Competition Agreement”). Executive may, under specified circumstances, be entitled to certain benefits under (i) the Company’s 2013 Long-Term Incentive Compensation Plan (the “2013 Plan”); (ii) the Executive’s Award Agreements under the 2013 Plan; and (iii) the Offer Letter. The parties have negotiated the terms of Executive’s separation from employment and have agreed upon acceptable terms as described herein. Executive acknowledges and agrees that this Agreement provides them with different benefits in lieu of the benefits they may have been entitled to receive under any Company plan or agreement, including the 2013 Plan and the Offer Letter.

    Executive represents that they have carefully read this entire Agreement, understand its consequences, and voluntarily enter into it.

    In consideration of the above and the mutual promises set forth below, the Executive and the Company agree as follows:

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PARTICIPATION AGREEMENT UNDER

WOLFSPEED SEVERANCE PLAN – SENIOR LEADERSHIP TEAM

This Participation Agreement Under the Wolfspeed Severance Plan – Senior Leadership Team (the “Participation Agreement”) is entered into this ___ day of ___________, between Wolfspeed, Inc. (the “Company”) and [name] (“Executive”).

The Board has adopted the Wolfspeed Severance Plan – Senior Leadership Team (the “SLT Severance Plan”), effective April 30, 2018, and amended and restated as of June 21, 2024, under which Executive would be eligible for severance benefits under certain circumstances.

As a condition of eligibility to participate in the SLT Severance Plan, Executive must execute this Participation Agreement under which, among other things, Executive agrees to waive any rights Executive might have, if any, to any other severance benefits under any other agreement or under any other Company plan, practice or policy.

Executive has carefully reviewed the SLT Severance Plan and this Participation Agreement and has decided that Executive wishes to enter into it on the terms and conditions set forth herein.

In consideration of the foregoing and the mutual covenants and agreements hereinafter set forth and intending to be legally bound hereby, the parties hereto agree as follows:

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FLOWERS FOODS, INC.

DEFERRED SHARES AGREEMENT FOR DIRECTORS

(ANNUAL EQUITY COMPENSATION GRANT)

This AGREEMENT (the “Agreement”) is made as of the 29th day of May, 2026 (the “Date of Grant”), between FLOWERS FOODS, INC., a Georgia corporation (the “Company”) and [DIRECTOR NAME] (the “Grantee”).

1.

Grant of Deferred Shares.Subject to, and upon the terms, conditions and restrictions set forth in this Agreement and in the Company’s 2026 Equity and Incentive Compensation Plan (the “Plan”), the Company hereby memorializes a grant to the Grantee as of the Date of Grant of the right to receive 22,260 shares of Common Stock (hereinafter in this Agreement “Deferred Shares”). The Deferred Shares shall be fully paid and nonassessable and shall be represented by a certificate registered in the name of the Grantee and issued at the time of delivery provided below.

2.

Restrictions on Transfer of Deferred Shares.The right to receive Deferred Shares may not be sold, pledged, exchanged or otherwise encumbered or disposed of by the Grantee.

3.

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Execution Version

Deal CUSIP: 29358XAH7

Revolver CUSIP: 29358XAJ3

FOURTH AMENDED AND RESTATED CREDIT AGREEMENT

dated as of August 19, 2026

among

THE ENSIGN GROUP, INC.

and

STANDARD BEARER HEALTHCARE REIT, INC.

as Borrower

THE LENDERS FROM TIME TO TIME PARTY HERETO

and

TRUIST BANK,

as Administrative Agent

TRUIST SECURITIES INC., CITIBANK, N.A.,

THE HUNTINGTON NATIONAL BANK, U.S. BANK NATIONAL ASSOCIATION

and

WELLS FARGO SECURITIES, LLC

as Joint Lead Arrangers and Joint Book Managers

and

BANK OF AMERICA, N.A.,BMO BANK N.A.,

PNC CAPITAL MARKETS LLC

and

PINNACLE BANK, A TENNESSEE CHARTERED BANK, D/B/A SYNOVUS BANK,

as Co-Documentation Agents

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TABLE OF CONTENTS

Page

ARTICLE I

DEFINITIONS; CONSTRUCTION								1
							Section 1.1. Definitions	1
							Section 1.2. Classifications of Loans and Borrowings	49
							Section 1.3. Accounting Terms and Determination	49

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CERTAIN INFORMATION CONTAINED IN THIS EXHIBIT, MARKED BY [***], HAS BEEN EXCLUDED FROM THIS EXHIBIT BECAUSE THE REGISTRANT HAS DETERMINED THAT IT IS BOTH NOT MATERIAL AND IS THE TYPE THAT THE REGISTRANT TREATS AS PRIVATE OR CONFIDENTIAL

CREDIT AGREEMENTdated as ofAugust 17, 2026amongLIFETIME BRANDS, INC.The Other Borrowers and Other Loan Parties Party HeretoThe Lenders Party HeretoandPLC AGENT LLC, as Administrative Agent

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TABLE OF CONTENTS

Article I Definitions      1

SECTION 1.01    Defined Terms    1

SECTION 1.02    Classification of Loans    49

SECTION 1.03    Terms Generally    49

SECTION 1.04    Accounting Terms; GAAP; Pro Forma Calculations    50

SECTION 1.05    Status of Obligations    51

SECTION 1.06    Interest Rates; Benchmark Notification    51

SECTION 1.07    Divisions    52

SECTION 1.08    Times of Day    52

Article II The TERM LOANS    52

SECTION 2.01    Commitments    52

SECTION 2.02    Loans    52

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EXECUTION VERSION

CERTAIN INFORMATION CONTAINED IN THIS EXHIBIT, MARKED BY [***], HAS BEEN EXCLUDED FROM THIS EXHIBIT BECAUSE THE REGISTRANT HAS DETERMINED THAT IT IS BOTH NOT MATERIAL AND IS THE TYPE THAT THE REGISTRANT TREATS AS PRIVATE OR CONFIDENTIAL

AMENDMENT NO. 3

August 17, 2026

THIS AMENDMENT NO. 3 (this “Agreement”), dated as of the date first set forth above, is entered into among LIFETIME BRANDS, INC. (the “Company”), the other Borrowers party hereto,each Loan Guarantor party hereto (together with the Company and the Borrowers, the “Loan Parties”), the financial institutions listed on the signature pages hereof as Lenders and JPMorgan Chase Bank, N.A., as Administrative Agent for the Non-EEA Agented Borrowers and J.P. Morgan SE, as Administrative Agent for the EEA Agented Borrower (collectively, the “Administrative Agent”)

RECITALS

WHEREAS, the Company, the other Borrowers party thereto, the other Loan Parties party thereto, the lenders from time to time party thereto (the “Lenders”), and JPMorgan Chase Bank, N.A., as Administrative Agent, are party to the Credit Agreement, dated as of March 2, 2018 (as amended, modified, extended, restated, replaced, or supplemented from time to time prior to the date hereof, the “Existing Credit Agreement”; as amended pursuant to this Agreement, the “Credit Agreement”);

WHEREAS, the Company has requested, and the Lenders and Administrative Agent have agreed, to certain amendments to the Existing Credit Agreement as set forth in Section 2;

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REGISTRATION RIGHTS AGREEMENT

** **

THIS REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of ___, 2026, is made and entered into by and between Newton Golf Company, Inc., a Delaware corporation (the “Company”), and each investor identified on the signature pages hereto (each, including its successors and assigns, an “Investor” and collectively, the “Investors”). The Investors, together with any person or entity who hereafter becomes a party to this Agreement pursuant to Section 5.2 of this Agreement, are referred to herein, collectively, as the “Holders” and each, a “Holder”. Capitalized terms used but not otherwise defined herein shall have the meanings given such terms in the Securities Purchase Agreement (as defined below).

RECITALS

** **

WHEREAS, the Company has entered into that certain Securities Purchase Agreement, dated as of ___, 2026 (as it may be amended, supplemented or otherwise modified from time to time, the “Securities Purchase Agreement” or the “SPA”), by and among the Company and the Investors, pursuant to which the Investors agreed to purchase shares of Common Stock of the Company in a private placement transaction (the “PIPE Investment”) in one or more closings, for aggregate gross proceeds of not less than $1,000,000 in the First Tranche and up to an aggregate of $5,000,000 (inclusive of the First Tranche) upon the closing of any Additional Tranche(s); and

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**SECURITIES PURCHASE AGREEMENT
**

** **

This SECURITIES PURCHASE AGREEMENT (the “Agreement”), dated as of ___, 2026 (the “Effective Date”), is entered into by and between Newton Golf Company, Inc., a Delaware corporation (the “Company”), and each investor identified on the signature pages hereto (each, including its successors and assigns, an “Investor” and collectively, the “Investors”), each of which is an “accredited investor” as described below.

RECITALS:

WHEREAS, the Company and the Investors are executing and delivering this Agreement in reliance upon the exemption from the registration requirements of the Securities Act of 1933, as amended (the “Securities Act”), afforded by Section 4(a)(2) of the Securities Act and/or Rule 506(b) of Regulation D promulgated thereunder, as a transaction by an issuer not involving any public offering;

WHEREAS, subject to the terms and conditions hereinafter set forth, the Company desires to issue and sell to each Investor, and each Investor, severally and not jointly, desires to purchase from the Company, such number of newly issued shares of the Company’s common stock, par value $0.01 per share (the “Company Stock”), as set forth on the applicable Investor’s signature page hereto (as to all Investors, the “Investor Shares”), at a price per share equal to the greater of (i) $0.01 above the per share closing price of the Company Stock on Nasdaq on the trading day immediately preceding a Closing Date and (ii) $0.01 above the average closing price of the Company Stock for the five (5) trading days

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Execution Version

AMENDMENT NO. 3 TO LOAN AND SECURITY AGREEMENT

AMENDMENT NO. 3 (this “Amendment”) dated as of August 14, 2026 to the Loan and Security Agreement dated as of February 7, 2025 (as amended by Amendment No. 1 dated as of September 5, 2025, as amended by Amendment No. 2 dated as of May 13, 2026 and as further amended, supplemented or otherwise modified from time to time prior to the date hereof, the “Loan and Security Agreement”), among 26North BDC, Inc., a Maryland corporation, as borrower (the “Company”); 26North Direct Lending LP, a Delaware limited partnership (the “Portfolio Manager”); the Lenders party hereto and JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, as administrative agent for the Lenders hereunder (in such capacity, the “Administrative Agent”).

WHEREAS, the parties hereto have agreed to amend the Loan and Security Agreement as set forth below.

Accordingly, in consideration of the foregoing and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows:

ARTICLE I

DEFINITIONS

Section 1.01 Definitions. Capitalized terms used and not otherwise defined herein have the meanings assigned to them in the Loan and Security Agreement as amended by this Amendment.

ARTICLE II

AMENDMENTS TO THE LOAN AND SECURITY AGREEMENT

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6220 America Center Drive, Suite 100, San Jose, CA 95002

[Date], 2026

[Executive Name]

Via email

Re:    Terms of Separation and Advisory Services

Dear [Executive First Name]:

This letter is a Separation and General Release Agreement (this “Agreement”) between you and each of BILL Holdings, Inc. and BILL Operations, LLC, a wholly-owned subsidiary of BILL Holdings, Inc. (collectively, the “Company”) concerning the terms of your transition and separation and the Company’s offer to provide you separation pay and benefits to which you would not otherwise be entitled, including your eligibility to provide advisory services following your Separation Date (as defined below), in exchange for your entering into this Agreement, which includes your provision of a general release of claims and covenant not to sue now and upon the final day of the Advisory Period (as defined below, and such second release as set forth in Exhibit B (the “Second Release”)). If you agree to the terms outlined herein, please sign and return this Agreement to me in the timeframe outlined below.

1.    Separation Date: June 30, 2026 will be your last day of employment with the Company (the “Separation Date”), subject to the at-will nature of your employment.

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