EXHIBIT 10.11 AMENDED AND RESTATED EMPLOYMENT AGREEMENT THIS AMENDED AND RESTATED EMPLOYMENT AGREEMENT (the "Agreement"), made this 23 day of October 2003 (the "Effective Date"), is entered into by Ocean Power Technologies, Inc., a New Jersey...Employment Agreement • November 13th, 2006 • Ocean Power Technologies, Inc. • New Jersey
WITNESSETH:Option Agreement • November 13th, 2006 • Ocean Power Technologies, Inc. • New York
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • June 2nd, 2016 • Ocean Power Technologies, Inc. • Electric services • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of June 2, 2016, between Ocean Power Technologies, 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”).
PRE-FUNDED COMMON STOCK PURCHASE WARRANT OCEAN POWER TECHNOLOGIES, INC.Ocean Power Technologies, Inc. • April 5th, 2019 • Electric services • New York
THIS PRE-FUNDED COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, CEDE & CO. 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 “Issue Date”) until this Warrant is exercised in full (the “Termination Date”) but not thereafter, to subscribe for and purchase from Ocean Power Technologies, Inc., a Delaware corporation (the “Company”), up to ________ shares of common stock, $0.001 par value, of the Company (the “Common Stock”) (as subject to adjustment hereunder, the “Warrant Shares”). 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). This Warrant shall initially be issued and maintained in the form of a security held in book-entry form and the Depository Trust Company or its nominee (“DTC”) shall initially be the sole registered holder of th
Shares Common Stock ($0.001 par value per Share) FORM OF UNDERWRITING AGREEMENT FORM OF UNDERWRITING AGREEMENTOcean Power Technologies, Inc. • April 10th, 2007 • Electric services • New York
PRE-FUNDED COMMON STOCK PURCHASE WARRANT OCEAN POWER TECHNOLOGIES, INC.Ocean Power Technologies, Inc. • April 3rd, 2019 • Electric services • 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 “Issue Date”) until this Warrant is exercised in full (the “Termination Date”) but not thereafter, to subscribe for and purchase from Ocean Power Technologies, Inc., a Delaware corporation (the “Company”), up to ______ shares of common stock, $0.001 par value, of the Company (the “Common Stock”) (as subject to adjustment hereunder, the “Warrant Shares”). 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). This Warrant shall initially be issued and maintained in the form of a security held in book-entry form and the Depository Trust Company or its nominee (“DTC”) shall initially be the sole registered holder of this Warran
COMMON STOCK PURCHASE WARRANT OCEAN POWER TECHNOLOGIES, INC.Common Stock Purchase Warrant • April 5th, 2019 • Ocean Power Technologies, Inc. • Electric services • New York
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, CEDE & CO. 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 “Issue Date”) and on or prior to the close of business on the five year anniversary of the Issue Date and on or prior to 5:00 p.m. (New York time) on April 8, 2024 (the “Termination Date”) but not thereafter, to subscribe for and purchase from Ocean Power Technologies, Inc., a Delaware corporation (the “Company”), up to ________ shares of common stock, $0.001 par value, of the Company (the “Common Stock”) (as subject to adjustment hereunder, the “Warrant Shares”). 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). This Warrant shall initially be issued and maintained in the form of a security held in book-entry form and the
Exhibit 10.19 Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions. CONTRACT FOR THE DEVELOPMENT AND APPLICATION OF A SEA WAVE ENERGY GENERATION SYSTEM IN FRANCE This contract for...Ocean Power Technologies, Inc. • April 10th, 2007 • Electric services
OCEAN POWER TECHNOLOGIES, INC. Shares of Common Stock (par value $0.001 per share) Controlled Equity OfferingSM Sales AgreementSales Agreement • August 7th, 2023 • Ocean Power Technologies, Inc. • Electric services • New York
Ocean Power Technologies, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Cantor Fitzgerald & Co. (the “Agent”), as follows:
BETWEENLease Agreement • November 13th, 2006 • Ocean Power Technologies, Inc. • New Jersey
COMMON STOCK PURCHASE WARRANT OCEAN POWER TECHNOLOGIES, INC.Ocean Power Technologies, Inc. • June 2nd, 2016 • Electric services • 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 December 8, 2016 the six month and one day anniversary of the date hereof (the “Initial Exercise Date”) and on or prior to the close of business on the five year anniversary of the Initial Exercise Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from Ocean Power Technologies, 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).
WARRANT AGENCY AGREEMENTWarrant Agency Agreement • April 9th, 2019 • Ocean Power Technologies, Inc. • Electric services • New York
WARRANT AGENCY AGREEMENT, dated as of April 8, 2019 (“Agreement”), between Ocean Power Technologies, Inc., a Delaware corporation (the “Company”), and Computershare Inc., a Delaware corporation, and its wholly-owned subsidiary, Computershare Trust Company, N.A., a federally chartered trust company (collectively as “Warrant Agent”).
UNDERWRITING AGREEMENT between OCEAN POWER TECHNOLOGIES, INC. and as Representative of the Several Underwriters OCEAN POWER TECHNOLOGIES, INC. UNDERWRITING AGREEMENT 4,285,680 Shares of Common Stock (and/or Pre-Funded Warrants, as applicable)...Underwriting Agreement • April 5th, 2019 • Ocean Power Technologies, Inc. • Electric services • New York
Ocean Power Technologies, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the underwriters named in Schedule I hereto (the “Underwriters,” or each, an “Underwriter”), for whom A.G.P./Alliance Global Partners is acting as representative (the “Representative”), an aggregate of 4,285,680 authorized but unissued shares (the “Firm Shares”) of common stock, par value $0.001 per share (the “Common Stock”) of the Company, together with warrants to purchase up to an aggregate of 4,285,680 shares of Common Stock with an exercise price of $3.85 per share, subject to adjustment as provided therein (the “Firm Common Warrants”) in the form filed as an exhibit to the Registration Statement (as hereinafter defined). The Company also proposes to sell to the Underwriters, upon the terms and conditions set forth in Section 4 hereof, up to an additional 642,852 shares of Common Stock (the “Option Shares”) and/or (at the Underw
EXHIBIT 10.13 Ocean Power Technologies, Inc. 1590 Reed Road Pennington, NJ 08534 Re: Engagement of Thomas Meaney CONSULTANT AGREEMENT ("AGREEMENT") REVISION DATED AUGUST 1, 1999 Gentlemen: I am pleased to advise you that I, Thomas Meaney,...Consultant Agreement • November 13th, 2006 • Ocean Power Technologies, Inc. • New Jersey
LEASE Relating to Unit 6 Warwick Science Park Innovation Centre Warwick Technology Park Gallows Hill Warwick CV34 6UWOcean Power Technologies, Inc. • March 19th, 2007 • Electric services
AT THE MARKET OFFERING AGREEMENT October 19, 2015Market Offering Agreement • October 20th, 2015 • Ocean Power Technologies, Inc. • Electric services • New York
Ocean Power Technologies, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Rodman & Renshaw, a unit of H. C. Wainwright & Co., LLC (the “Manager”) as follows:
COMMON STOCK PURCHASE AGREEMENTCommon Stock Purchase Agreement • September 18th, 2020 • Ocean Power Technologies, Inc. • Electric services • Illinois
COMMON STOCK PURCHASE AGREEMENT (the “Agreement”), dated as of September 18, 2020, by and between OCEAN POWER TECHNOLOGIES, INC., a Delaware corporation (the “Company”), and ASPIRE CAPITAL FUND, LLC, an Illinois limited liability company (the “Buyer”). Capitalized terms used herein and not otherwise defined herein are defined in Section 10 hereof.
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • September 18th, 2020 • Ocean Power Technologies, Inc. • Electric services • Illinois
REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of September 18, 2020, by and between OCEAN POWER TECHNOLOGIES, INC., a Delaware corporation (the “Company”), and ASPIRE CAPITAL FUND, LLC, an Illinois limited liability company (together with its permitted assigns, the “Buyer”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings set forth in the Common Stock Purchase Agreement by and between the parties hereto, dated as of the date hereof (as amended, restated, supplemented or otherwise modified from time to time, the “Purchase Agreement”).
OCEAN POWER TECHNOLOGIES, INC. COMMON STOCK SALES AGREEMENTSales Agreement • November 20th, 2020 • Ocean Power Technologies, Inc. • Electric services • New York
PLACEMENT AGENCY AGREEMENTPlacement Agency Agreement • July 22nd, 2016 • Ocean Power Technologies, Inc. • Electric services • New York
Ocean Power Technologies, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell, through Roth Capital Partners, LLC (the “Placement Agent”) as placement agent, securities of the Company consisting of units (the “Units” or the “Securities”) each to purchase (x) one share (collectively, the “Shares”) of the Company’s common stock (“Common Stock”), $0.001 par value per share, and (y) 0.3 of a warrant to purchase one share of Common Stock (collectively, the “Warrants”), directly to various investors (the “Investors”) as set forth on Schedule I hereto, which Units will not be issued or certificated and the Shares and Warrants included therein will be transferable separately immediately upon issuance.
OCEAN POWER TECHNOLOGIES, INC. UNDERWRITING AGREEMENT 5,385,000 Shares of Common StockUnderwriting Agreement • April 27th, 2017 • Ocean Power Technologies, Inc. • Electric services • New York
Ocean Power Technologies, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the underwriters named in Schedule I hereto (the “Underwriters,” or each, an “Underwriter”), for whom Aegis Capital Corp. is acting as representative (the “Representative”), an aggregate of 5,385,000 authorized but unissued shares (the “Firm Shares”) of common stock, par value $0.001 per share (the “Common Stock”), of the Company. The Company also proposes to sell to the Underwriters, upon the terms and conditions set forth in Section 4 hereof, up to an additional 807,750 shares of Common Stock (the “Option Shares”). The Firm Shares and the Option Shares are hereinafter collectively referred to as the “Shares”.
ANDService Agreement • November 13th, 2006 • Ocean Power Technologies, Inc.
EXHIBIT 10.12 AMENDED AND RESTATED EMPLOYMENT AGREEMENT THIS AMENDED AND RESTATED EMPLOYMENT AGREEMENT (the "Agreement"), made this 23 day of October 2003 (the "Effective Date"), is entered into by Ocean Power Technologies, Inc., a New Jersey...Employment Agreement • November 13th, 2006 • Ocean Power Technologies, Inc. • New Jersey
OCEAN POWER TECHNOLOGIES, INC. and MATTHEW BURDYNY EMPLOYMENT AGREEMENTEmployment Agreement • November 16th, 2023 • Ocean Power Technologies, Inc. • Electric services • New Jersey
This Employment Agreement (“Agreement”) is made as of this 9th day of November 2023 (the “Effective Date”) by and between Ocean Power Technologies, Inc., a New Jersey corporation (the “Company”), and Matthew Burdyny (“Executive”).
AT THE MARKET OFFERING AGREEMENTAt the Market Offering Agreement • June 7th, 2013 • Ocean Power Technologies, Inc. • Electric services • New York
Ocean Power Technologies, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Ascendiant Capital Markets, LLC (the “Manager”) as follows:
OCEAN POWER TECHNOLOGIES, INC. COMMON STOCK SALES AGREEMENTSales Agreement • March 21st, 2024 • Ocean Power Technologies, Inc. • Electric services • New York
Ocean Power Technologies, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with A.G.P./Alliance Global Partners (the “Sales Agent”), as follows:
PLACEMENT AGENCY AGREEMENTPlacement Agency Agreement • June 2nd, 2016 • Ocean Power Technologies, Inc. • Electric services • New York
Ocean Power Technologies, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell, through Roth Capital Partners, LLC (“Roth”) and Rodman & Renshaw, a unit of H. C. Wainwright & Co., LLC (“Rodman”, and together with Roth, the “Co-Placement Agents”) as co-placement agents, securities of the Company consisting of shares (“Shares”) of the Company’s common stock (“Common Stock”), $0.001 par value per share, and warrants to purchase shares of Common Stock (“Warrants”, and collectively with the Shares, the “Securities”), directly to various investors (the “Investors”) as set forth on Schedule I hereto.
AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • April 13th, 2009 • Ocean Power Technologies, Inc. • Electric services • New Jersey
THIS AMENDED AND RESTATED EMPLOYMENT AGREEMENT (the “Agreement”), made as of the 8 th day of April 2009 (the “Effective Date”), is entered into by Ocean Power Technologies, Inc., a New Jersey corporation with a principal place of business at 1590 Reed Road, Pennington, New Jersey 08534 (the “Company”), and George W. Taylor, an individual with his primary residence at [address deleted] (the “Employee”).
Attachment Page CONTRACT TERMS AND CONDITIONSOcean Power Technologies, Inc. • December 13th, 2023 • Electric services
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses:
Exhibit 10.21 Marketing Cooperation Agreement 1. Parties. This marketing co- operation agreement is entered into as of the date of final execution hereof, by and between OCEAN POWER TECHNOLOGIES, INC., a corporation organized and existing under the...Marketing Cooperation Agreement • April 10th, 2007 • Ocean Power Technologies, Inc. • Electric services
EMPLOYMENT AGREEMENTEmployment Agreement • July 29th, 2014 • Ocean Power Technologies, Inc. • Electric services • New Jersey
This Employment Agreement (“Agreement”), by and between Ocean Power Technologies, Inc. (“OPT”) and David L. Keller (“Keller”), each a “party” and both the “parties,” is dated and effective June 9, 2014.
WITNESSETH:Agreement to Refinance • November 13th, 2006 • Ocean Power Technologies, Inc. • New Jersey
THIRD ADDENDUM TO LEASE AGREEMENT Between REED ROAD INDUSTRIAL PARK LLC #1, LANDLORD And OCEAN POWER TECHNOLOGIES, INC., TENANTLease Agreement • July 12th, 2013 • Ocean Power Technologies, Inc. • Electric services
SECTION 382 TAX BENEFITS PRESERVATION PLAN by and between OCEAN POWER TECHNOLOGIES, INC. and COMPUTERSHARE TRUST COMPANY, N.A., as Rights Agent Dated as of June 29, 2023Preferred Stock • June 30th, 2023 • Ocean Power Technologies, Inc. • Electric services • Delaware
WHEREAS, the Company and certain of its Subsidiaries (as hereinafter defined) have generated certain Tax Benefits (as hereinafter defined) for United States federal income tax purposes which the Company views as valuable assets of the Company;
OCEAN POWER TECHNOLOGIES, INC. Restricted Stock Agreement and Recipient’s AcceptanceOcean Power Technologies, Inc. • March 14th, 2011 • Electric services • Delaware
Ocean Power Technologies, Inc. (the “Company”) has selected you to receive the restricted stock award described above, which is subject to the provisions of the Company’s 2006 Stock Incentive Plan, as amended (the “Plan”), and the terms and conditions contained in this Restricted Stock Agreement.
