Common Stock Sample Contracts

ATARA BIOTHERAPEUTICS, INC. COMMON STOCK SALES AGREEMENT
Common Stock • November 1st, 2023 • Atara Biotherapeutics, Inc. • Biological products, (no disgnostic substances) • New York

Atara Biotherapeutics, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Cowen and Company, LLC (“Cowen”), as follows:

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NANOVIRICIDES, INC. Common Stock (par value $0.00001 per share) At Market Issuance Sales Agreement
Common Stock • April 5th, 2024 • Nanoviricides, Inc. • Pharmaceutical preparations • New York

NanoViricides, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with EF Hutton LLC (the “Agent”) as follows:

Tactile Systems Technology, Inc. Common Stock PURCHASE AGREEMENT
Common Stock • May 6th, 2016 • Tactile Systems Technology Inc • Surgical & medical instruments & apparatus • New York

Tactile Systems Technology, Inc., a Delaware corporation (the “Company”), proposes to sell to the several underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of [·] shares (the “Firm Shares”) of Common Stock, $0.001 par value per share (the “Common Stock”), of the Company. The Firm Shares are authorized but unissued shares of Common Stock to be issued and sold by the Company. The Company has also granted to the several Underwriters an option to purchase up to [·] additional shares of Common Stock on the terms and for the purposes set forth in Section 3 hereof (the “Option Shares”). The Firm Shares and any Option Shares purchased pursuant to this Purchase Agreement are herein collectively called the “Securities.”

COMMON STOCK SALES AGREEMENT
Common Stock • April 17th, 2019 • Trevena Inc • Pharmaceutical preparations • New York

Trevena, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with H.C. Wainwright & Co., LLC (“HCW”), as follows:

At-The-Market Issuance Sales Agreement
Common Stock • June 9th, 2023 • Ault Alliance, Inc. • Electronic components, nec • New York

Ault Alliance, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Ascendiant Capital Markets, LLC (“Ascendiant”), as follows:

AGREEMENT FOR CONVERSION OF INDEBTEDNESS TO COMMON STOCK
Common Stock • July 6th, 2011 • Uranium 308 Corp. • Metal mining • Nevada

THIS AGREEMENT OF CONVERSION OF INDEBTEDNESS TO COMMON STOCK (“Agreement”) is made and entered into as of the ___ day of ___________, 2011, by and among Uranium 308 Corp., a Nevada corporation (the “Company”), and YYYYYYYYY (the “Holder”).

SYNTA PHARMACEUTICALS CORP. Common Stock (par value $0.0001 per share) At the Market Issuance Sales Agreement
Common Stock • July 18th, 2014 • Synta Pharmaceuticals Corp • Pharmaceutical preparations • New York

Synta Pharmaceuticals Corp., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with MLV & Co. LLC, a Delaware limited liability company (“MLV”), as follows:

PACIFIC ETHANOL, INC. Common Stock (par value $0.001 per share) At Market Issuance Sales Agreement
Common Stock • August 13th, 2020 • Pacific Ethanol, Inc. • Industrial organic chemicals • New York

Pacific Ethanol, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with H.C. Wainwright & Co., LLC (“HCW”) as follows:

APPLIED ENERGETICS, INC. COMMON STOCK SUBSCRIPTION AGREEMENT
Common Stock • April 5th, 2016 • Farley George P • Search, detection, navagation, guidance, aeronautical sys • New York

THE SHARES OF COMMON STOCK SUBSCRIBED FOR HEREIN HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR ANY STATE SECURITIES OR BLUE SKY LAWS AND MAY NOT BE SOLD OR OTHERWISE TRANSFERRED EXCEPT IN COMPLIANCE WITH SUCH LAWS. NEITHER THE SECURITIES AND EXCHANGE COMMISSION NOR ANY STATE SECURITIES COMMISSION HAS APPROVED OR DISAPPROVED OF THE SHARES OF COMMON STOCK REFERRED TO HEREIN

Shares TERCICA, INC. COMMON STOCK UNDERWRITING AGREEMENT
Common Stock • February 20th, 2004 • Tercica Inc • Pharmaceutical preparations • New York
At-The-Market Issuance Sales Agreement
Common Stock • May 9th, 2019 • Houston American Energy Corp • Crude petroleum & natural gas • New York
PRECIPIO, INC. COMMON STOCK SALES AGREEMENT
Common Stock • April 25th, 2023 • Precipio, Inc. • Laboratory analytical instruments • New York

Precipio, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with A.G.P./Alliance Global Partners (the “Sales Agent”), as follows:

UNDERWRITING AGREEMENT ----------------------
Common Stock • July 20th, 2000 • Peoplepc Inc • Services-business services, nec • California
COMMON STOCK PURCHASE AGREEMENT
Common Stock • September 13th, 2019 • Bennington Charles Warren • Periodicals: publishing or publishing & printing • California

This Common Stock Purchase Agreement (this “Agreement”) is made and entered into effective as of the 23rd day of August, 2019 (the “Effective Date”) by and between TransBiotec, a Delaware corporation (the “Company”), and Charles Bennington, an individual (the “Purchaser”). The Company and Purchaser shall each be referred to as a “Party” and collectively as the “Parties.”

iCAD, Inc. Common Stock (par value $0.01 per share) At-The-Market Issuance Sales Agreement
Common Stock • August 11th, 2023 • Icad Inc • Surgical & medical instruments & apparatus • New York

iCAD, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Craig-Hallum Capital Group LLC (“Craig-Hallum”), as follows:

COMMON STOCK
Common Stock • August 31st, 2000 • Tality Corp • Services-computer integrated systems design • New York
Home Properties, Inc. Common Stock ($0.01 par value) ATM EQUITY OFFERINGSM SALES AGREEMENT
Common Stock • September 17th, 2010 • Home Properties Inc • Real estate investment trusts • New York

Home Properties, Inc., a Maryland corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell from time to time to or through Merrill Lynch, Pierce, Fenner & Smith Incorporated (“Merrill Lynch”), as sales agent and/or principal, or Stifel, Nicolaus & Company, Incorporated (“Stifel”), as sales agent and/or principal (each an “Agent”, and together the “Agents”), up to 3,600,000 shares (the “Shares”) of the Company’s common stock, $0.01 par value (the “Common Stock”), on the terms and subject to the conditions set forth in this ATM Equity OfferingSM Sales Agreement (the “Agreement”). The Company agrees that whenever it determines to sell Shares directly to either Agent as principal, it will enter into a separate agreement (each, a “Terms Agreement”) in substantially the form of Annex I hereto, relating to such sale in accordance with Section 3 of this Agreement.

CRAY INC. COMMON STOCK
Common Stock • December 11th, 2006 • Cray Inc • Electronic computers • New York
OPTION TO PURCHASE COMMON STOCK
Common Stock • November 23rd, 2009 • Chi Lin Technology Co., Ltd. • Patent owners & lessors

WHEREAS, Chi Lin Technology Co., Ltd. ("Chi Lin"), an entity of the Republic of China (Taiwan), doing business at No. 18, Sheng Li 1st Street, Jen Te Hsiang, Tainan County 71758, Taiwan, Republic of China, is the owner of 6,043,704 shares (the "InMedica Shares") of restricted common stock of InMedica Development Corporation, a Utah corporation ("InMedica"); and

AMENDMENT TO WARRANTS TO PURCHASE SHARES OF COMMON STOCK OF AMPLIPHI BIOSCIENCES CORPORATION
Common Stock • May 15th, 2015 • AmpliPhi Biosciences Corp • Biological products, (no disgnostic substances)

This AMENDMENT TO WARRANT TO PURCHASE SHARES OF COMMON STOCK (this “Amendment”), dated as of , 2015 (the “Amendment Date”), is made between AmpliPhi Biosciences Corporation, a Washington corporation (the “Company”) and the holders on Exhibit A hereto (the “Holders”).

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Shares Tangoe, Inc. Common Stock ($0.0001 Par Value Per Share) EQUITY UNDERWRITING AGREEMENT
Common Stock • July 14th, 2011 • Tangoe Inc • Services-prepackaged software • New York

Tangoe, Inc., a Delaware corporation (the “Company”), and the stockholders of the Company named in Schedule II hereto (the “Selling Stockholders”) propose to sell to the several underwriters named in Schedule I hereto (the “Underwriters”), for whom you are acting as representatives (the “Representatives”), an aggregate of shares (the “Firm Shares”) of the Company’s common stock, $0.0001 par value per share (“Common Stock”), of which shares will be sold by the Company and shares will be sold by the Selling Stockholders. The respective numbers of Firm Shares to be so purchased by the several Underwriters are set forth opposite their names in Schedule I hereto, and the respective numbers of Firm Shares to be sold by the Selling Stockholders are set forth opposite their names in Schedule II hereto. The Company and the Selling Stockholders are sometimes referred to herein collectively as the “Sellers.” The Selling Stockholders also propose to sell to the Underwriters, at the Underwriters’ o

PACIFIC ETHANOL, INC. Common Stock (par value $0.001 per share) At Market Issuance Sales Agreement
Common Stock • April 13th, 2017 • Pacific Ethanol, Inc. • Industrial organic chemicals • New York
Contract
Common Stock • June 30th, 2023 • Jushi Holdings Inc. • Medicinal chemicals & botanical products
Newfield Exploration Company Common Stock (par value $0.01 per share) Underwriting Agreement
Common Stock • March 3rd, 2015 • Newfield Exploration Co /De/ • Crude petroleum & natural gas • New York

From time to time Newfield Exploration Company, a Delaware corporation (the “Company”), proposes to enter into one or more Pricing Agreements (each a “Pricing Agreement”) in the form of Annex I hereto, with such additions and deletions as the parties thereto may determine, and, subject to the terms and conditions stated herein and therein, to issue and sell to the firms named in Schedule I to the applicable Pricing Agreement (such firms constituting the “Underwriters” with respect to such Pricing Agreement and the securities specified therein) certain shares of its common stock, par value $0.01 per share (the “Securities”), specified in Schedule II to such Pricing Agreement (with respect to such Pricing Agreement, the “Firm Designated Securities”). If specified in such Pricing Agreement, the Company may grant the Underwriters the right to purchase at their election an additional number of Securities specified in such Pricing Agreement as provided in Section 3 hereof (the “Optional Desi

COMMON STOCK INVESTMENT- TERM SHEET THIS TERMS SHEET is made as of August 17, 2000, by and between TCO Investment Inc. (hereinafter "The Investor") and Constellation 3D Inc. (hereinafter "C3D"). WHEREAS THE INVESTOR intends to invest $ 250,00 in C3D...
Common Stock • October 20th, 2000 • Constellation 3d Inc • Computer storage devices

THIS TERMS SHEET is made as of August 17, 2000, by and between TCO Investment Inc. (hereinafter "The Investor") and Constellation 3D Inc. (hereinafter "C3D").

SHARES MICROVISION, INC. COMMON STOCK PLACEMENT AGENCY AGREEMENT
Common Stock • July 18th, 2008 • Microvision Inc • Electronic components, nec • New York

Microvision, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated in this Placement Agency Agreement (this “Agreement”) and the Subscription Agreements in the form of Exhibit A attached hereto (the “Subscription Agreements”) entered into with the investors identified therein (each, an “Investor” and collectively, the “Investors”), to issue and sell an aggregate of shares (the “Shares”) of the Company’s common stock, par value $0.001 per share (the “Common Stock”). The Shares are more fully described in the Registration Statement (as defined herein). This is to confirm the agreement between the Company and the several placement agents set forth on Schedule I attached hereto (the “Placement Agents”) concerning the offering, issuance and sale of the Shares. FTN Midwest Securities Corp is acting as representative (the “Representative”) of the Placement Agents.

AutoZone, Inc. Common Stock (par value $0.01 per share) Underwriting Agreement
Common Stock • November 5th, 2003 • Autozone Inc • Retail-auto & home supply stores • New York

Certain stockholders of AutoZone, Inc., a Nevada corporation (the “Company”), named in Schedule 1 hereto (the “Selling Stockholders”) propose to sell to the Citigroup Global Markets Inc. (the “Underwriter”) an aggregate of 5,600,000 shares (the “Shares”) of the Company’s Common Stock, par value $0.01 per share (the “Common Stock”). This is to confirm the agreement concerning the purchase of the Shares from the Selling Stockholders by the Underwriter.

MANNKIND CORPORATION Common Stock (par value $0.01 per share) At-The-Market Issuance Sales Agreement
Common Stock • March 3rd, 2014 • Mannkind Corp • Pharmaceutical preparations • New York

MannKind Corporation, a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Meyers Associates, L.P. (doing business as Brinson Patrick, a division of Meyers Associates, L.P. (“BP”), as follows:

PACIFIC SOFTWARE, INC. - COMMON STOCK SUBSCRIPTION AGREEMENT
Common Stock • June 12th, 2007 • Pacific Software, Inc.

The undersigned investor ("Investor") in this Subscription Agreement ("Agreement") hereby acknowledges receipt of the prospectus ("Prospectus"), dated ____________, 2007, of Pacific Software, Inc., a Nevada corporation ("the “Company”), and subscribes for the following number of shares upon the terms and conditions set forth in the Prospectus. The Investor agrees that this Agreement is subject to availability and acceptance by the Company.

44,736,842 SHARES CONTANGO OIL & GAS COMPANY COMMON STOCK UNDERWRITING AGREEMENT
Common Stock • September 18th, 2019 • Contango Oil & Gas Co • Crude petroleum & natural gas • New York
ORGANOVO HOLDINGS, INC. COMMON STOCK SALES AGREEMENT
Common Stock • March 16th, 2018 • Organovo Holdings, Inc. • Biological products, (no disgnostic substances) • New York

Organovo Holdings, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with H.C. Wainwright & Co., LLC (“HCW”) and JonesTrading Institutional Services LLC (“JonesTrading”, each of HCW and JonesTrading individually an “Agent” and collectively, the “Agents”), as follows:

ONLY COMPLETE THIS AGREEMENT IF YOU WISH TO DEFER YOUR RETAINER FEES PAYABLE IN COMMON STOCK
Common Stock • October 25th, 2016 • Kimball Electronics, Inc. • Printed circuit boards

THIS FEE DEFERRAL ELECTION AGREEMENT (“Agreement”) is entered into pursuant to the provisions of the Kimball Electronics, Inc. Non-Employee Directors Stock Compensation Deferral Plan (“Plan”). All capitalized terms in this Agreement shall have the meanings ascribed to them in the Plan.

SHARES OF COMMON STOCK 3 - DIMENSIONAL PHARMACEUTICALS, INC. UNDERWRITING AGREEMENT ----------------------
Common Stock • July 28th, 2000 • 3 Dimensional Pharmaceuticals Inc • Pharmaceutical preparations • New York
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