SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • December 13th, 2022 • Delcath Systems, Inc. • Surgical & medical instruments & apparatus • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of December 7, 2022, between Delcath Systems, 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 This Registration Rights Agreement (this "Agreement") is made and entered into as of December 7, 2004, by and among Delcath Systems, Inc., a Delaware corporation (the "Company"), and the purchasers listed on Schedule I...Registration Rights Agreement • December 27th, 2004 • Delcath Systems Inc • Services-commercial physical & biological research • New York
EXHIBIT 4.2 WARRANT AGREEMENT dated as of _________, 2000 between Delcath Systems, Inc., a Delaware corporation (the "Company"), and Whale Securities Co., L.P. (hereinafter referred to as the "Underwriter"). W I T N E S S E T H: - - - - - - - - - -...Warrant Agreement • June 16th, 2000 • Delcath Systems Inc • New York
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • December 13th, 2022 • Delcath Systems, Inc. • Surgical & medical instruments & apparatus
This Registration Rights Agreement (this “Agreement”) is made and entered into as of December 7, 2022, by and between Delcath Systems, Inc., a Delaware corporation (the “Company”), and each of the several purchasers signatory hereto (each such purchaser, a “Purchaser” and, collectively, the “Purchasers”).
SETTLEMENT AGREEMENT This Agreement (this "Agreement") dated as of December 15, 2006 is entered into between DELCATH SYSTEMS, INC., a Delaware corporation having its principal place of business in Stamford, Connecticut (the "Company"), and M. S. Koly,...Settlement Agreement • December 21st, 2006 • Delcath Systems Inc • Surgical & medical instruments & apparatus
OFDelcath Systems Inc • November 30th, 2005 • Surgical & medical instruments & apparatus • New York
Units, each Unit Consisting of Five Shares of Common Stock and Five Redeemable Common Stock Purchase Warrants Each to Purchase One Share ofUnderwriting Agreement • March 17th, 2003 • Delcath Systems Inc • Services-commercial physical & biological research • Delaware
WARRANT AGREEMENT dated as of _________, 2000 between Delcath Systems, Inc., a Delaware corporation (the "Company"), and Whale Securities Co., L.P. (hereinafter referred to as the "Underwriter"). W I T N E S S E T H: WHEREAS, the Company proposes to...Warrant Agreement • September 28th, 2000 • Delcath Systems Inc • Services-commercial physical & biological research • New York
REGISTRATION RIGHTS AGREEMENT This Registration Rights Agreement (this "Agreement") is made and entered into as of March 19, 2004, by and among Delcath Systems, Inc., a Delaware corporation (the "Company"), and the purchasers listed on Schedule I...Registration Rights Agreement • March 22nd, 2004 • Delcath Systems Inc • Services-commercial physical & biological research • New York
RECITALSEmployment Agreement • July 5th, 2007 • Delcath Systems Inc • Surgical & medical instruments & apparatus • New York
DELCATH SYSTEMS, INC. 2004 STOCK INCENTIVE PLAN Incentive Stock Option Agreement To: [NAME OF OPTIONEE] We are pleased to notify you that, by action of the Compensation and Stock Option Committee (hereinafter called the "Committee") on [DATE], an...Incentive Stock Option Agreement • March 23rd, 2005 • Delcath Systems Inc • Services-commercial physical & biological research
EXECUTION COPY REGISTRATION RIGHTS AGREEMENT This Registration Rights Agreement (this "Agreement") is made and entered into as of November 27, 2005, by and among Delcath Systems, Inc., a Delaware corporation (the "Company"), and the purchasers listed...Registration Rights Agreement • November 30th, 2005 • Delcath Systems Inc • Surgical & medical instruments & apparatus • New York
AGREEMENTCommon Stock Purchase Agreement • November 30th, 2005 • Delcath Systems Inc • Surgical & medical instruments & apparatus • New York
PRE-FUNDED COMMON STOCK PURCHASE WARRANT DELCATH SYSTEMS, INC.Delcath Systems, Inc. • February 7th, 2020 • Surgical & medical instruments & apparatus • 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”) and until this Warrant is exercised in full (the “Termination Date”) but not thereafter, to subscribe for and purchase from Delcath Systems, 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).
OFDelcath Systems Inc • December 1st, 2004 • Services-commercial physical & biological research • New York
EXHIBIT 1.1 Delcath Systems, Inc. 2,000,000 Shares of Common Stock (Par Value $.01 Per Share) UNDERWRITING AGREEMENT ---------------------- Whale Securities Co., L.P. New York, New York 650 Fifth Avenue ___________, 2000 New York, New York 10019 Dear...Underwriting Agreement • June 16th, 2000 • Delcath Systems Inc • New York
VOTING AGREEMENTVoting Agreement • November 30th, 2005 • Delcath Systems Inc • Surgical & medical instruments & apparatus
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • July 20th, 2022 • Delcath Systems, Inc. • Surgical & medical instruments & apparatus • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of July 18, 2022, between Delcath Systems, 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”).
EXHIBIT 10.9 ------------ CONSULTING SERVICES AGREEMENT This CONSULTING SERVICES AGREEMENT (the "Agreement") is made as of this 5th day of January, 2001, between DELCATH SYSTEMS, INC., a Delaware corporation (the "Company"), and EUROLAND MARKETING...Consulting Services Agreement • March 30th, 2001 • Delcath Systems Inc • Services-commercial physical & biological research • Delaware
DELCATH SYSTEMS, INC. Shares of Common Stock (par value $0.01 per share) Controlled Equity OfferingSM Sales AgreementSales Agreement • August 18th, 2020 • Delcath Systems, Inc. • Surgical & medical instruments & apparatus • New York
Delcath Systems, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Cantor Fitzgerald & Co. (the “Agent”), as follows:
OFDelcath Systems Inc • November 30th, 2005 • Surgical & medical instruments & apparatus • New York
MODIFICATION AGREEMENTModification Agreement • April 16th, 2007 • Delcath Systems Inc • Surgical & medical instruments & apparatus
REGISTRATION RIGHTS AGREEMENT This Registration Rights Agreement (this "Agreement") is made and entered into as of November 24, 2004, by and among Delcath Systems, Inc., a Delaware corporation (the "Company"), and the purchasers listed on Schedule I...Registration Rights Agreement • December 1st, 2004 • Delcath Systems Inc • Services-commercial physical & biological research • New York
EXHIBIT 4.5 ----------- WARRANT AGREEMENT dated as of January 5, 2001 between Delcath Systems, Inc., a Delaware corporation (the "Company"), and Euroland Marketing Solutions, LTD. (hereinafter referred to as the "Consultant"). W I T N E S S E T H: - -...Warrant Agreement • March 30th, 2001 • Delcath Systems Inc • Services-commercial physical & biological research • Connecticut
FORM OF PRE-FUNDED COMMON STOCK PURCHASE WARRANT DELCATH SYSTEMS, INC.Delcath Systems, Inc. • December 13th, 2022 • Surgical & medical instruments & apparatus
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 Delcath Systems, Inc., a Delaware corporation (the “Company”), up to [___] shares of 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).
AMENDED AND RESTATED SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • July 12th, 2017 • Delcath Systems, Inc. • Surgical & medical instruments & apparatus • New York
This AMENDED AND RESTATED SECURITIES PURCHASE AGREEMENT (this “Agreement”), dated as of July 5, 2017, is by and among Delcath Systems, Inc., a Delaware corporation with offices located at 1633 Broadway, Suite 22C, New York, New York 10019 (the “Company”), and each of the investors listed on the Schedule of Buyers attached hereto (individually, a “Buyer” and collectively, the “Buyers”).
andRights Agreement • November 14th, 2001 • Delcath Systems Inc • Services-commercial physical & biological research • Delaware
DELCATH SYSTEMS, INC. 2004 STOCK INCENTIVE PLAN Incentive Stock Option Agreement To: [NAME OF OPTIONEE] We are pleased to notify you that, by action of the Compensation and Stock Option Committee (hereinafter called the "Committee") on [DATE OF...Delcath Systems Inc • August 11th, 2005 • Surgical & medical instruments & apparatus
WARRANT AGREEMENT dated as of _________, 2000 between Delcath Systems, Inc., a Delaware corporation (the "Company"), and Whale Securities Co., L.P. (hereinafter referred to as the "Underwriter"). W I T N E S S E T H: - - - - - - - - - - WHEREAS, the...Warrant Agreement • October 5th, 2000 • Delcath Systems Inc • Services-commercial physical & biological research • New York
DELCATH SYSTEMS, INC. UNDERWRITING AGREEMENT [•] Shares of Common Stock [•] Pre-Funded Warrants to Purchase Up to [•] Shares of Common Stock Series F Warrants to Purchase Up to [•] Shares of Common StockUnderwriting Agreement • April 20th, 2020 • Delcath Systems, Inc. • Surgical & medical instruments & apparatus • New York
Delcath Systems, 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 Roth Capital Partners, LLC is acting as the representative (the “Representative”), (i) an aggregate of [•] authorized but unissued shares (the “Firm Shares”) of Common Stock, par value $0.01 per share, of the Company (the “Common Stock”), (ii) pre-funded warrants (the “Pre-Funded Warrants”) to purchase up to an aggregate of [•] shares of Common Stock at an exercise price of $0.01 per share (the “Pre-Funded Warrant Shares”), and (iii) Series F warrants (the “Firm Warrants”) to purchase up to an aggregate of [•] shares of Common Stock (the “Firm Warrant Shares”). The Firm Shares, the Pre-Funded Warrants, the Pre-Funded Warrant Shares, the Firm Warrants and the Firm Warrant Shares are collectively referred to as the “Firm Securities.” The Company
and AMERICAN STOCK TRANSFER & TRUST COMPANY Warrant AgentWarrant Agent Agreement • August 11th, 2005 • Delcath Systems Inc • Surgical & medical instruments & apparatus • New York
WARRANT AGREEMENT dated as of _________, 2000 between Delcath Systems, Inc., a Delaware corporation (the "Company"), and Whale Securities Co., L.P. (hereinafter referred to as the "Underwriter"). W I T N E S S E T H: - - - - - - - - - - WHEREAS, the...Warrant Agreement • October 12th, 2000 • Delcath Systems Inc • Services-commercial physical & biological research • New York
PLACEMENT AGENCY AGREEMENTPlacement Agency Agreement • January 17th, 2018 • Delcath Systems, Inc. • Surgical & medical instruments & apparatus • New York
Delcath Systems, Inc. and American Stock Transfer & Trust Company, LLC, as Warrant Agent Warrant Agency Agreement Dated as of April __, 2020Warrant Agency Agreement • April 20th, 2020 • Delcath Systems, Inc. • Surgical & medical instruments & apparatus • New York
WARRANT AGENCY AGREEMENT, dated as of April __, 2020 (“Agreement”), between Delcath Systems, Inc., a Delaware corporation (the “Company”), and American Stock Transfer & Trust Company, LLC, a New York limited liability trust company (the “Warrant Agent”).
425,000 SHARES OF COMMON STOCK AND 148,750 WARRANTS OF DELCATH SYSTEMS, INC. UNDERWRITING AGREEMENTUnderwriting Agreement • October 4th, 2016 • Delcath Systems, Inc. • Surgical & medical instruments & apparatus • New York
The undersigned, Delcath Systems, Inc., a company incorporated under the laws of Delaware (collectively with its subsidiaries and affiliates, including, without limitation, all entities disclosed or described in the Registration Statement as being subsidiaries or affiliates of the Delcath Systems, Inc., the “Company”), hereby confirms its agreement (this “Agreement”) with the several underwriters (such underwriters, including the Representative (as defined below), the “Underwriters” and each an “Underwriter”) named in Schedule I hereto for which Roth Capital Partners, LLC is acting as representative to the several Underwriters (the “Representative” and if there are no Underwriters other than the Representative, references to multiple Underwriters shall be disregarded and the term Representative as used herein shall have the same meaning as Underwriter) on the terms and conditions set forth herein.
