Polarityte, Inc. Sample Contracts

WARRANT TO PURCHASE COMMON STOCK OF CDBEAT.COM, INC.
Cdbeat Com Inc • October 8th, 1999 • Retail-record & prerecorded tape stores
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PLACEMENT AGENT COMMON STOCK PURCHASE WARRANT polarityte, inc.
Polarityte, Inc. • June 8th, 2022 • Biological products, (no disgnostic substances)

THIS PLACEMENT AGENT COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, _____________ or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after June 8, 2022 (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on June 5, 2027 (the “Termination Date”) but not thereafter, to subscribe for and purchase from PolarityTE, Inc., a Delaware corporation (the “Company”), up to ______ shares (as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).

SUBSCRIPTION AGREEMENT
Subscription Agreement • May 17th, 1999 • Cdbeat Com Inc • Retail-record & prerecorded tape stores
SECURITIES PURCHASE AGREEMENT
Securities Purchase Agreement • June 8th, 2022 • Polarityte, Inc. • Biological products, (no disgnostic substances) • New York

This Securities Purchase Agreement (this “Agreement”) is dated as of June 5, 2022, between PolarityTE, Inc., a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”).

REGISTRATION RIGHTS AGREEMENT
Registration Rights Agreement • June 8th, 2022 • Polarityte, Inc. • Biological products, (no disgnostic substances)

This Agreement is made pursuant to the Securities Purchase Agreement, dated as of the date hereof, between the Company and each Purchaser relating to a private placement (the “Purchase Agreement”).

BACKGROUND
Subscription Agreement • March 1st, 2004 • Connectiv Corp • Retail-record & prerecorded tape stores • Delaware
LEASE AGREEMENT BY AND BETWEEN
Lease Agreement • August 11th, 2004 • Majesco Holdings Inc • Services-prepackaged software • New Jersey
as Issuer
Servicing Agreement • April 14th, 2000 • Cdbeat Com Inc • Retail-record & prerecorded tape stores • New York
PolarityTE, Inc. 2,972,973 Shares of Common Stock (par value $0.001 per share) Underwriting Agreement
Underwriting Agreement • April 11th, 2019 • Polarityte, Inc. • Biological products, (no disgnostic substances) • New York

PolarityTE, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several underwriters named in Schedule A (the “Underwriters”) an aggregate of 2,972,973 shares of its common stock, par value $0.001 per share (the “Shares”). The 2,972,973 Shares to be sold by the Company are called the “Firm Shares.” In addition, the Company has granted to the Underwriters an option to purchase up to an additional 445,945 Shares as provided in ‎Section 2. The additional 445,945 Shares to be sold by the Company pursuant to such option are collectively called the “Optional Shares.” The Firm Shares and, if and to the extent such option is exercised, the Optional Shares, are collectively called the “Offered Shares.” Cantor Fitzgerald & Co. has agreed to act as representative of the several Underwriters (in such capacity, the “Representative”) in connection with the offering and sale of the Offered Shares. To the extent there are no additional underwriters listed on Schedule A, the

OF
Majesco Holdings Inc • October 8th, 2004 • Services-prepackaged software • Delaware
PRE-FUNDED COMMON STOCK PURCHASE WARRANT polarityte, inc.
Polarityte, Inc. • October 14th, 2022 • Biological products, (no disgnostic substances) • New York

THIS PRE-FUNDED COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, _____________ or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the date hereof (the “Initial Exercise Date”) until this Warrant is exercised in full (the “Termination Date”) but not thereafter, to subscribe for and purchase from PolarityTE, Inc., a corporation incorporated under the laws of the state of Delaware (the “Company”), up to ______ shares (as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).

RECITALS
License Agreement • October 29th, 2004 • Majesco Holdings Inc • Services-prepackaged software
UNDERWRITER COMMON STOCK PURCHASE WARRANT POLARITYTE, INC.
Common Stock Purchase Warrant • October 14th, 2022 • Polarityte, Inc. • Biological products, (no disgnostic substances) • New York

THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, _____________ or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the date hereof (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on [●], 202[●] (the “Termination Date”) but not thereafter, to subscribe for and purchase from PolarityTE, Inc., a corporation incorporated under the laws of the state of Delaware (the “Company”), up to ______ shares (as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).

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MAJESCO ENTERTAINMENT COMPANY, ISSUER AND [TRUSTEE], TRUSTEE INDENTURE DATED AS OF , 20 SENIOR DEBT SECURITIES
Indenture • June 29th, 2016 • Majesco Entertainment Co • Services-prepackaged software • New York

INDENTURE, dated as of [·], among Majesco Entertainment Company, a Delaware corporation (the “Company”), and [TRUSTEE], as trustee (the “Trustee”):

SECURITIES PURCHASE AGREEMENT
Securities Purchase Agreement • April 14th, 2016 • Majesco Entertainment Co • Services-prepackaged software • New York

This Securities Purchase Agreement (this “Agreement”) is dated as of April 13, 2016 by and among Majesco Entertainment Company, a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively, the “Purchasers”).

AMENDMENT NO. 1 TO
License Agreement • September 22nd, 2004 • Majesco Holdings Inc • Services-prepackaged software
Common Stock
Majesco Holdings Inc • January 20th, 2005 • Services-prepackaged software • New York
PolarityTE, Inc. Shares of Common Stock (par value $0.001 per share) Controlled Equity OfferingSM Sales Agreement
Polarityte, Inc. • March 30th, 2021 • Biological products, (no disgnostic substances) • New York

PolarityTE, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Cantor Fitzgerald & Co. (the “Agent”), as follows:

MAJESCO ENTERTAINMENT COMPANY, ISSUER AND [TRUSTEE], TRUSTEE INDENTURE DATED AS OF , 20 SUBORDINATED DEBT SECURITIES
Majesco Entertainment Co • June 29th, 2016 • Services-prepackaged software • New York

INDENTURE, dated as of [·], among Majesco Entertainment Company, a Delaware corporation (the “Company”), and [TRUSTEE], as trustee (the “Trustee”):

OF CONNECTIVCORP
Connectiv Corp • March 1st, 2004 • Retail-record & prerecorded tape stores • Delaware
WARRANT
Connectiv Corp • March 1st, 2004 • Retail-record & prerecorded tape stores • Delaware
COMMON STOCK PURCHASE WARRANT polarityte, inc.
Polarityte, Inc. • January 26th, 2021 • Biological products, (no disgnostic substances) • New York

THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, __________________ or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the date hereof (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on January __, 2026 (the “Termination Date”) but not thereafter, to subscribe for and purchase from PolarityTE, Inc., a Delaware corporation (the “Company”), up to 8,016,033 shares (as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).

PRE-FUNDED COMMON STOCK PURCHASE WARRANT polarityte, inc.
Polarityte, Inc. • June 8th, 2022 • Biological products, (no disgnostic substances)

THIS PRE-FUNDED COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, __________________ or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the date hereof (the “Initial Exercise Date”) and until this Warrant is exercised in full (the “Termination Date”) but not thereafter, to subscribe for and purchase from PolarityTE, Inc., a Delaware corporation (the “Company”), up to __________ shares (as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).

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