INDEMNIFICATION AGREEMENTIndemnification Agreement • June 18th, 2018 • Pulse Biosciences, Inc. • Surgical & medical instruments & apparatus • Delaware
This Indemnification Agreement (this “Agreement”) is dated as of [insert date], and is between Pulse Biosciences, Inc., a Delaware corporation (the “Company”), and [insert name of indemnitee] (“Indemnitee”).
PULSE BIOSCIENCES, INC. Common Stock ($0.001 par value per share) AT-THE-MARKET EQUITY OFFERING SALES AGREEMENTTerms Agreement • February 4th, 2021 • Pulse Biosciences, Inc. • Surgical & medical instruments & apparatus • New York
Pulse Biosciences, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell from time to time to or through Stifel, Nicolaus & Company, Incorporated (“Stifel Nicolaus”), as sales agent and/or principal (“Agent”), shares (the “Shares”) of the Company’s common stock, $0.001 par value per share (the “Common Stock”), having an aggregate offering price of up to $60,000,000 on the terms set forth in Section 2 of this At-The-Market Equity Offering Sales Agreement (the “Agreement”). The Company agrees that whenever it determines to sell Shares directly to the 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.
ContractUnderwriter Warrant • March 28th, 2016 • Pulse Biosciences, Inc. • Surgical & medical instruments & apparatus • California
THIS WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE HEREOF HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), OR ANY OTHER SECURITIES LAWS AND MAY NOT BE OFFERED FOR SALE, SOLD, TRANSFERRED, PLEDGED OR HYPOTHECATED IN THE ABSENCE OF (1) AN EFFECTIVE REGISTRATION STATEMENT COVERING SUCH SECURITIES UNDER THE SECURITIES ACT AND ANY OTHER APPLICABLE SECURITIES LAWS, OR (2) AN OPINION OF COUNSEL REASONABLY SATISFACTORY TO THE COMPANY THAT SUCH REGISTRATION IS NOT REQUIRED.
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • May 1st, 2023 • Pulse Biosciences, Inc. • Surgical & medical instruments & apparatus • Delaware
This Securities Purchase Agreement (this “Agreement”) is dated as of April 30, 2023, between Pulse Biosciences, Inc., a Delaware corporation (the “Company”), and the purchaser identified on Exhibit A hereto (the “Purchaser”).
MDB Capital Group, LLCPulse Biosciences, Inc. • December 22nd, 2015
ELECTROBLATE, INC. WARRANT TO PURCHASE COMMON STOCKPulse Biosciences, Inc. • December 22nd, 2015 • New York
Electroblate, Inc., a Delaware corporation (the “Company”), hereby certifies that, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, MDB Capital Group, LLC, the registered holder hereof or its permitted assigns (the “Holder”), is entitled, subject to the terms set forth below, to purchase from the Company, at the Exercise Price (as defined below) then in effect, upon exercise of this Warrant (including any Warrants to purchase Common Stock issued in exchange, transfer or replacement hereof, the “Warrant”), at any time or times on or after the date hereof (the “Vesting Date”), but not after 11:59 p.m., New York time, on the Expiration Date (as defined below), such number of fully paid and non-assessable shares of Common Stock (the “Warrant Shares”) as set forth herein in Section 1(c), subject to adjustment as herein provided. Except as otherwise defined herein, capitalized terms in this Warrant shall have the meanings set forth in Section
INDEMNIFICATION AGREEMENTIndemnification Agreement • December 22nd, 2015 • Pulse Biosciences, Inc. • Nevada
This Indemnification Agreement (“Agreement”) is made as of the day of , 201 by and between Electroblate, Inc., a Nevada corporation (“Company”), and (the “Indemnitee”).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • July 1st, 2021 • Pulse Biosciences, Inc. • Surgical & medical instruments & apparatus • Delaware
This Securities Purchase Agreement (this “Agreement”) is dated as of June 30, 2021, between Pulse Biosciences, Inc., a Delaware corporation (the “Company”), and the purchaser identified on Exhibit A hereto (the “Purchaser”).
PATENT LICENSE AGREEMENT For NanoPulse TechnologyPatent License Agreement • May 3rd, 2016 • Pulse Biosciences, Inc. • Surgical & medical instruments & apparatus • California
EMPLOYMENT AGREEMENTEmployment Agreement • March 31st, 2022 • Pulse Biosciences, Inc. • Surgical & medical instruments & apparatus • California
This Employment Agreement (the “Agreement”) is made and entered into by and between Kevin Danahy (“Executive”) and Pulse Biosciences, Inc. (the “Company”), as of February 9, 2022.
LICENSE AGREEMENTLicense Agreement • March 28th, 2016 • Pulse Biosciences, Inc. • Surgical & medical instruments & apparatus • Nevada
This LICENSE AGREEMENT (“Agreement”) is entered into as of the Effective Date (defined below) by ELECTROBLATE, INC., a Nevada corporation, having its principal place of business at 401 Wilshire Blvd., Suite 1020, Santa Monica, CA 90401 (“Licensee”), and OLD DOMINION UNIVERSITY RESEARCH FOUNDATION, a Virginia non-stock, IRC 501(c)(3) corporation (“ODURF”), having offices at 4111 Monarch Way, Norfolk, Virginia and EASTERN VIRGINIA MEDICAL SCHOOL (“EVMS”), a public body politic and corporate and political subdivision of the Commonwealth of Virginia, having offices at 721 Fairfax A venue, Norfolk, Virginia. ODURF and EVMS are referred to collectively herein as the “Licensor.” Licensee, ODURF and EVMS are referred to individually herein as a “Party” and collectively herein as the “Parties.”
ELECTROBLATE CHIEF FINANCIAL OFFICER EMPLOYMENT AGREEMENTEmployment Agreement • December 22nd, 2015 • Pulse Biosciences, Inc. • California
This Employment Agreement (the “Agreement”) is made and entered into by and between Brian Dow (“Executive”) and Electroblate, Inc. (the “Company”), as of November 20, 2015.
WARRANT AGENCY AGREEMENTWarrant Agency Agreement • May 4th, 2022 • Pulse Biosciences, Inc. • Surgical & medical instruments & apparatus • New York
WARRANT AGENCY AGREEMENT made as of April 25, 2022, between Pulse Biosciences, Inc., a Delaware corporation (“Company”), with offices at 3957 Point Eden Way, Hayward, California 94545, and Broadridge Corporate Issuer Solutions, Inc. (“Warrant Agent”), with offices at 51 Mercedes Way, Edgewood, NY 11717 (the “Warrant Agreement”).
PULSE BIOSCIENCES, INC. UNDERWRITING AGREEMENTUnderwriting Agreement • May 3rd, 2016 • Pulse Biosciences, Inc. • Surgical & medical instruments & apparatus • California
The undersigned, Pulse Biosciences, Inc., a Nevada corporation (the “Company”), hereby confirms its agreement with MDB Capital Group, LLC (hereinafter referred to as “you” (including its correlatives) or the “Representative”), and with the other underwriters named on Schedule 1 hereto for which the Representative is acting as representative (the Representative and such other underwriters being collectively called the “Underwriters” or, individually, an “Underwriter”), as follows:
REGISTRATION RIGHTS AGREEMENT FOR INVESTORSRegistration Rights Agreement for Investors • December 22nd, 2015 • Pulse Biosciences, Inc. • New York
THIS REGISTRATION RIGHTS AGREEMENT (this “Agreement”) is made as of November 6, 2014, by and among Electroblate, Inc., a Nevada corporation (“Company”), and the persons listed on Schedule A hereto, referred to individually as the “Purchaser” and collectively as the “Purchasers”.
Amendment AgreementAmendment Agreement • May 10th, 2017 • Pulse Biosciences, Inc. • Surgical & medical instruments & apparatus
This amendment agreement, dated as of April 26, 2017 (“Amendment Agreement”) by and among Pulse Biosciences, Inc. (“Pulse”), MDB Capital Group, LLC (“MDB”) and Feltl and Company, Inc. (“Feltl”), is entered into to eliminate certain of the provisions set forth (i) in the MDB Engagement Letter, between Pulse (formerly named Electroblate, Inc.) and MDB dated September 30, 2014 (“Engagement Letter”), and (ii) in the Underwriting Agreement among Pulse, MDB (as Representative), and Feltl (as QIU), dated May 17, 2016 (“Underwriting Agreement”).
BRITANNIA POINT EDENPulse Biosciences, Inc. • March 20th, 2017 • Surgical & medical instruments & apparatus • California
This Lease (the "Lease"), dated as of the date set forth in Section 1 of the Summary of Basic Lease Information (the "Summary"), below, is made by and between HAYWARD POINT EDEN I LIMITED PARTNERSHIP, a Delaware limited partnership ("Landlord"), and PULSE BIOSCIENCES, INC., a Nevada corporation ("Tenant").
Warrant To Purchase Common StockPulse Biosciences, Inc. • May 4th, 2022 • Surgical & medical instruments & apparatus • New York
THIS WARRANT TO PURCHASE COMMON STOCK (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. (Eastern Time) on _____, 2027 1 (the “Termination Date”) but not thereafter, to subscribe for and purchase from Pulse Biosciences, 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). 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 Warrant, subject to Holder’s right
PULSE BIOSCIENCES, INC. THIRD AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • May 5th, 2023 • Pulse Biosciences, Inc. • Surgical & medical instruments & apparatus • California
This third amendment (this “Amendment”) is entered into effective as of April 29, 2023 by and between Darrin Uecker (“Executive”) and Pulse Biosciences, Inc. (the “Company,” and together with Executive, the “Parties”).
FIRST AMENDMENT TO LEASELease • May 31st, 2019 • Pulse Biosciences, Inc. • Surgical & medical instruments & apparatus
This FIRST AMENDMENT TO LEASE (this “First Amendment”) is made and entered into as of May 28, 2019, by and between HAYWARD POINT EDEN I LIMITED PARTNERSHIP, a Delaware limited partnership (“Landlord”), and PULSE BIOSCIENCES, INC., a Delaware corporation (“Tenant”).
PULSE BIOSCIENCES, INC. SECOND AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • May 5th, 2023 • Pulse Biosciences, Inc. • Surgical & medical instruments & apparatus • California
This second amendment (this “Amendment”) is entered into effective as of April 29, 2023 (the “Amendment Date”) by and between Kevin Danahy (“Executive”) and Pulse Biosciences, Inc. (the “Company,” and together with Executive, the “Parties”).
Re: Engagement AgreementEngagement Agreement • December 22nd, 2015 • Pulse Biosciences, Inc. • California
This letter agreement (the “Agreement”) confirms the terms and conditions that will govern Electroblate, Inc. (together with its affiliates, subsidiaries, predecessors, and successors, the “Company”) engagement (the “Engagement”) of MDB Capital Group, LLC (together with its affiliates, “MDB”) as the Company’s exclusive financial advisor and placement agent in connection with an offering or series of offerings of Company securities.
Robert W. Duggan Clearwater, FL 33756 May 12, 2020Pulse Biosciences, Inc. • August 10th, 2020 • Surgical & medical instruments & apparatus
This letter serves as formal agreement as between Robert Duggan (sometimes referred to herein as “Indemnitor”), on one hand, and Pulse Biosciences, Inc. (“Pulse”) and its Board of Directors, on the other, with respect to indemnification of Pulse and of its past, present, and future corporate directors, officers, and employees, among others, for the year May 13, 2020, through May 13, 2021. Reference is made to that expiring program of insurance underwritten as follows: XL Specialty Insurance Company, Policy No. ELU155438-18; Berkley Life Sciences, Policy No. LME 5040671-11; Houston Casualty Company, Policy No. 14-MG-18-A13801; Endurance Risk Solutions Assurance Co., Policy No. DOX10013039800; National Union Fire Insurance Company of Pittsburgh, Pa., Policy No. 01-422-78-20; XL Specialty Insurance Company, Policy No. ELU155440-18 (the “Expiring Program”), which is incorporated herein by reference. Capitalized terms that are undefined in this letter agreement shall have the meaning as set
LICENSE AGREEMENTLicense Agreement • May 3rd, 2016 • Pulse Biosciences, Inc. • Surgical & medical instruments & apparatus • Nevada
This LICENSE AGREEMENT (“Agreement”) is entered into as of the Effective Date (defined below) by ELECTROBLATE, INC., a Nevada corporation, having its principal place of business at 401 Wilshire Blvd., Suite 1020, Santa Monica, CA 90401 (“Licensee”), and OLD DOMINION UNIVERSITY RESEARCH FOUNDATION, a Virginia non-stock, IRC 501(c)(3) corporation (“ODURF”), having offices at 4111 Monarch Way, Norfolk, Virginia and EASTERN VIRGINIA MEDICAL SCHOOL (“EVMS”), a public body politic and corporate and political subdivision of the Commonwealth of Virginia, having offices at 721 Fairfax A venue, Norfolk, Virginia. ODURF and EVMS are referred to collectively herein as the “Licensor.” Licensee, ODURF and EVMS are referred to individually herein as a “Party” and collectively herein as the “Parties.”
SEPARATION AGREEMENT AND RELEASESeparation Agreement and Release • March 16th, 2020 • Pulse Biosciences, Inc. • Surgical & medical instruments & apparatus • California
This Separation Agreement and Release (“Agreement”) is made by and between Brian Dow (“Executive”) and Pulse Biosciences, Inc. (formerly known as Electroblate, Inc.) (together, Pulse Biosciences, Inc. and Electroblate, Inc. are the “Company”) (collectively, Executive and the Company referred to as the “Parties” or individually referred to as a “Party”).
EIGHTH AMENDMENT TO LEASE AGREEMENTLease Agreement • August 10th, 2016 • Pulse Biosciences, Inc. • Surgical & medical instruments & apparatus
THIS EIGHTH AMENDMENT TO LEASE AGREEMENT (this “Eighth Amendment”) is made as of July 26, 2016, by and between ARE-819/863 MITTEN ROAD, LLC, a Delaware limited liability company (“Landlord”), and BIOELECTROMED CORP., a California corporation (“Tenant”).
PULSE BIOSCIENCES, INC. FOURTH AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • March 28th, 2024 • Pulse Biosciences, Inc. • Surgical & medical instruments & apparatus • California
This fourth amendment (this “Amendment”) is entered into effective as of March 26, 2024, by and between Darrin Uecker (“Executive”) and Pulse Biosciences, Inc. (the “Company,” and together with Executive, the “Parties”).
FIRST AMENDMENT TO LOAN AGREEMENTLoan Agreement • March 21st, 2023 • Pulse Biosciences, Inc. • Surgical & medical instruments & apparatus • New York
This FIRST AMENDMENT TO LOAN AGREEMENT (this “Amendment”) dated as of March 17, 2023 (the “First Amendment Effective Date”) is entered into by and among PULSE BIOSCINECES, INC., a Delaware corporation (the “Borrower”) and ROBERT DUGGAN (the “Lender”).
WARRANT AGENCY AGREEMENTWarrant Agency Agreement • April 3rd, 2024 • Pulse Biosciences, Inc. • Surgical & medical instruments & apparatus • New York
WARRANT AGENCY AGREEMENT made as of April 3, 2024, between Pulse Biosciences, Inc., a Delaware corporation (“Company”), with offices at 3957 Point Eden Way, Hayward, California 94545, and Broadridge Corporate Issuer Solutions, LLC (“Warrant Agent”), with offices at 51 Mercedes Way, Edgewood, NY 11717 (the “Warrant Agreement”).
PULSE BIOSCIENCES, INC. THIRD AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • March 28th, 2024 • Pulse Biosciences, Inc. • Surgical & medical instruments & apparatus • California
This third amendment (this “Amendment”) is entered into effective as of March 26, 2024, by and between Kevin Danahy (“Executive”) and Pulse Biosciences, Inc. (the “Company,” and together with Executive, the “Parties”).
REGISTRATION RIGHTS AGREEMENT FOR WARRANTSRegistration Rights Agreement for Warrants • December 22nd, 2015 • Pulse Biosciences, Inc. • New York
THIS REGISTRATION RIGHTS AGREEMENT (this “Agreement”) is made as of November 6, 2014, by and among Electroblate, Inc., a Nevada corporation (“Company”), and the persons listed on Schedule A hereto, which persons are the holders of certain warrants to purchase shares of common stock, $0.001 par value per share (“Common Stock”), issued by the Company in connection with an offering of convertible secured notes and services provided under an intellectual property consulting agreement, referred to individually as a “Holder” and collectively as the “Holders.”
LOAN AGREEMENT Dated as of September 20, 2022 by and among PULSE BIOSCIENCES, INC. as the Borrower, and ROBERT DUGGAN, as the LenderLoan Agreement • September 23rd, 2022 • Pulse Biosciences, Inc. • Surgical & medical instruments & apparatus • New York
This Loan Agreement, dated as of September 20, 2022 (this “Agreement”), is made among Pulse Biosciences, Inc., a Delaware corporation (the “Borrower”), and Robert Duggan (the “Lender”).
AMENDMENT TO THE LICENSE AGREEMENT between THE UNIVERSITY OF SOUTHERN CALIFORNIA and ALFRED E. MANN INSTITUTE FOR BIOMEDICAL ENGINEERING AT THE UNIVERSITY OF SOUTHERN CALIFORNIA for NanoPulse TechnologyLicense Agreement • March 28th, 2016 • Pulse Biosciences, Inc. • Surgical & medical instruments & apparatus
This Amendment to the License Agreement (the “Amendment”) is effective this 8th day of September, 2014 (the “Effective Date”) between THE UNIVERSITY OF SOUTHERN CALIFORNIA, a California nonprofit corporation (“USC”); ALFRED E. MANN INSTITUTE FOR BIOMEDICAL ENGINEERING AT THE UNIVERSITY OF SOUTHERN CALIFORNIA, a Delaware corporation (“AMI-USC”); and ElectroBlate, a Nevada Corporation (“ELECTROBLATE”).
LOAN AGREEMENT Dated as of March 11, 2021 by and among PULSE BIOSCIENCES, INC. as the Borrower, and ROBERT DUGGAN, as the LenderLoan Agreement • March 11th, 2021 • Pulse Biosciences, Inc. • Surgical & medical instruments & apparatus • New York
Warrant To Purchase Common StockPulse Biosciences, Inc. • April 3rd, 2024 • Surgical & medical instruments & apparatus • New York
THIS WARRANT TO PURCHASE COMMON STOCK (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. (Eastern Time) on _____, 2029 (the “Termination Date”) but not thereafter, to subscribe for and purchase from Pulse Biosciences, 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). 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 Warrant, subject to Holder’s right t
