Common Contracts

84 similar Underwriting Agreement contracts by Cara Therapeutics, Inc., OP Bancorp, Better Choice Co Inc., others

•] Shares BRIDGER AEROSPACE GROUP HOLDINGS, INC. Common Stock, par value $0.0001 per share UNDERWRITING AGREEMENT
Underwriting Agreement • October 17th, 2023 • Bridger Aerospace Group Holdings, Inc. • Services-business services, nec

beneficiary of which is a member of one of such individual’s immediate family, an affiliate of such person or to a charitable organization; (iv) if the undersigned is an individual, transfers by virtue of laws of descent and distribution (including by will or intestate succession) upon death of the individual; (v) if the undersigned is an individual, transfers by operation of law, including pursuant to a qualified domestic relations order or in connection with a divorce settlement or other order of a court or administrative or regulatory agency; (vi) if the undersigned is an entity, transfers by virtue of the laws of the state of the entity’s organization and the entity’s organizational documents upon dissolution of the entity; (vii) transfers to the extent required by applicable law, statute, ordinance, treaty, regulation or legal or self-regulatory requirement or to the extent required by any governmental or self-regulatory authority exercising jurisdiction over the undersigned; (vii

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•] Shares THIRD COAST BANCSHARES, INC. Common Stock UNDERWRITING AGREEMENT
Underwriting Agreement • November 1st, 2021 • Third Coast Bancshares, Inc. • Savings institutions, not federally chartered • New York

This press release is not an offer or sale of the securities in the United States or in any other jurisdiction where such offer or sale is prohibited, and such securities may not be offered or sold in the United States absent registration or an exemption from registration under the United States Securities Act of 1933, as amended.

LAKELAND BANCORP, INC.
Underwriting Agreement • September 9th, 2021 • Lakeland Bancorp Inc • State commercial banks • New York

Lakeland Bancorp, Inc., a New Jersey corporation (the “Company”), proposes to issue and sell to the underwriters named in Schedule A hereto (each, an “Underwriter” and collectively, the “Underwriters”), for whom Keefe, Bruyette & Woods, Inc. is acting as representative (the “Representative”), and the Underwriters agree to purchase pursuant to this Underwriting Agreement (this “Agreement”), an aggregate of $150,000,000 of the Company’s 2.875% Fixed-to-Floating Rate Subordinated Notes due September 15, 2031 (the “Securities”). The Securities will be issued pursuant to an indenture, to be dated as of the Closing Date (as defined in Section 2 hereof) (the “Base Indenture”), between the Company and U.S. Bank National Association, as trustee (the “Trustee”), as supplemented by a supplemental indenture thereto relating to the Securities, to be dated as of the Closing Date, between the Company and the Trustee (the “Supplemental Indenture” and, together with the Base Indenture, the “Indenture”)

●] Shares CADRE HOLDINGS, INC. Common Stock UNDERWRITING AGREEMENT
Underwriting Agreement • July 27th, 2021 • Cadre Holdings, Inc. • Orthopedic, prosthetic & surgical appliances & supplies • New York

Cadre Holdings, Inc., a Delaware corporation (the “Company”), proposes to issue and 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 common stock, par value $0.0001 per share, of the Company (“Common Stock”). The Company also proposes to sell to the several Underwriters, for the sole purpose of covering over-allotments in connection with the sale of the Firm Shares, at the option of the Underwriters, up to an additional [●] shares of Common Stock (the “Option Shares”). The Firm Shares and the Option Shares are hereinafter referred to collectively as the “Shares”.

UNDERWRITING AGREEMENT
Underwriting Agreement • June 16th, 2021 • Better Choice Co Inc. • Beverages • New York

Better Choice Company Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several underwriters named in Schedule I hereto (the “Underwriters”) for whom D.A. Davidson & Co. is acting as representative (the “Representative”) an aggregate of [•] shares (the “Firm Shares”) of the common stock, par value $0.001 per share, of the Company (“Common Stock”). The Company also proposes to sell to the several Underwriters, for the sole purpose of covering over-allotments in connection with the sale of the Firm Shares, at the option of the Underwriters, up to an additional [•] shares of Common Stock (the “Option Shares”). The Firm Shares and the Option Shares are hereinafter referred to collectively as the “Shares”.

UNDERWRITING AGREEMENT 3,690,000 Shares Bowman Consulting Group Ltd. Common Stock UNDERWRITING AGREEMENT
Underwriting Agreement • May 12th, 2021 • Bowman Consulting Group Ltd. • Services-management consulting services • New York

Bowman Consulting Group Ltd., a Delaware corporation (the “Company”), proposes to issue and sell to the several underwriters named in Schedule I hereto (the “Underwriters”) for whom you are acting as representative (the “Representative”) an aggregate of 3,690,000 shares (the “Firm Shares”) of the common stock, par value $0.01 per share, of the Company (“Common Stock”). The Company also proposes to sell to the several Underwriters, for the sole purpose of covering over-allotments in connection with the sale of the Firm Shares, at the option of the Underwriters, up to an additional 553,500 shares of Common Stock (the “Option Shares”). The Firm Shares and the Option Shares are hereinafter referred to collectively as the “Shares”.

UNDERWRITING AGREEMENT [•] Shares Bowman Consulting Group Ltd. Common Stock UNDERWRITING AGREEMENT
Underwriting Agreement • May 6th, 2021 • Bowman Consulting Group Ltd. • Services-management consulting services • New York

Bowman Consulting Group Ltd., a Delaware corporation (the “Company”), proposes to issue and sell to the several underwriters named in Schedule I hereto (the “Underwriters”) for whom you are acting as representative (the “Representative”) an aggregate of [•] shares (the “Firm Shares”) of the common stock, par value $0.01 per share, of the Company (“Common Stock”). The Company also proposes to sell to the several Underwriters, for the sole purpose of covering over-allotments in connection with the sale of the Firm Shares, at the option of the Underwriters, up to an additional [•] shares of Common Stock (the “Option Shares”). The Firm Shares and the Option Shares are hereinafter referred to collectively as the “Shares”.

UNDERWRITING AGREEMENT [•] Shares iPower Inc. Common Stock UNDERWRITING AGREEMENT
Underwriting Agreement • May 5th, 2021 • iPower Inc. • Retail-building materials, hardware, garden supply • New York

iPower Inc., a Nevada corporation (the “Company”), proposes to issue and sell to the several underwriters named in Schedule I hereto (the “Underwriters”) for whom you are acting as representative (the “Representative”) an aggregate of [•] shares (the “Firm Shares”) of the common stock, par value $0.001 per share, of the Company (“Common Stock”). The Company also proposes to sell to the several Underwriters, for the sole purpose of covering over-allotments in connection with the sale of the Firm Shares, at the option of the Underwriters, up to an additional [•] shares of Common Stock (the “Option Shares”). The Firm Shares and the Option Shares are hereinafter referred to collectively as the “Shares”.

14,260,800 Shares of Common Stock CTI BIOPHARMA CORP. UNDERWRITING AGREEMENT March 31, 2021
Underwriting Agreement • April 6th, 2021 • Cti Biopharma Corp • Pharmaceutical preparations • New York

CTI BioPharma Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several underwriters named in Schedule I hereto (the “Underwriters”) for whom you are acting as representatives (the “Representative”) (i) an aggregate of 14,260,800 shares (the “Common Shares”) of the common stock, par value $0.001 per share, of the Company (“Common Stock”) and (ii) an aggregate of 600 shares (the “Preferred Shares” and, together with the Common Shares, the “Firm Shares”) of the Series X1 Preferred Stock, par value $0.001 per share, of the Company (the “Preferred Stock”). The Company also proposes to sell to the several Underwriters at the option of the Underwriters, up to an additional 2,139,120 shares of Common Stock (the “Option Shares”). The Firm Shares and the Option Shares are hereinafter referred to collectively as the “Shares.”

UNDERWRITING AGREEMENT [•] Shares Karat Packaging Inc. Common Stock UNDERWRITING AGREEMENT
Underwriting Agreement • March 30th, 2021 • Karat Packaging Inc. • Plastics products, nec • New York

Karat Packaging Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several underwriters named in Schedule I hereto (the “Underwriters”) for whom you are acting as representative (the “Representative”) an aggregate of [•] shares (the “Firm Shares”) of the common stock, par value $0.001 per share, of the Company (“Common Stock”). The Company also proposes to sell to the several Underwriters, for the sole purpose of covering over-allotments in connection with the sale of the Firm Shares, at the option of the Underwriters, up to an additional [•] shares of Common Stock (the “Option Shares”). The Firm Shares and the Option Shares are hereinafter referred to collectively as the “Shares”.

] Shares of Common Stock and Pre-Funded Warrants to Purchase [ ] Shares of Common Stock Benitec Biopharma Inc. UNDERWRITING AGREEMENT
Underwriting Agreement • October 1st, 2020 • Benitec Biopharma Inc. • Pharmaceutical preparations

Benitec Biopharma Inc. a Delaware corporation (the “Company”), proposes to issue and sell to H.C. Wainwright & Co., LLC (the “Underwriter”) an aggregate of (i) [ ] shares (the “Firm Shares”) of the common stock, par value $0.0001 per share, of the Company (“Common Stock”) and (ii) pre-funded warrants to purchase [ ] shares of Common Stock at an exercise price of $0.01 per share (the “Pre-Funded Warrants” and, collectively with the Firm Shares, the “Firm Securities”). The amount and form of the Firm Securities to be purchased by the Underwriter is set forth opposite its name on Schedule I hereto. The Company also proposes to sell to the Underwriter, at the option of the Underwriter, up to an additional [ ] shares of Common Stock (the “Option Shares” or the “Option Securities”). The Firm Shares and the Option Shares are hereinafter referred to collectively as the “Shares”; the shares of Common Stock issuable upon exercise of the Pre-Funded Warrants are referred to herein as the “Warrant

16,666,667 Shares RESONANT INC. Common Stock UNDERWRITING AGREEMENT
Underwriting Agreement • February 7th, 2020 • Resonant Inc • Semiconductors & related devices • New York

Resonant Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several underwriters named in Schedule I hereto (the “Underwriters”) for whom you are acting as representative (the “Representative”) an aggregate of 16,666,667 shares (the “Firm Shares”) of the common stock, par value $0.001 per share, of the Company (“Common Stock”). The Company also proposes to sell to the several Underwriters at the option of the Underwriters, up to an additional 2,500,000 shares of Common Stock (the “Option Shares”). The Firm Shares and the Option Shares are hereinafter referred to collectively as the “Shares”.

●] Shares MONOPAR THERAPEUTICS INC. Common Stock UNDERWRITING AGREEMENT
Underwriting Agreement • October 1st, 2019 • Monopar Therapeutics • Pharmaceutical preparations • New York

Monopar Therapeutics Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several underwriters named in Schedule I hereto (the “Underwriters”) for whom you are acting as representative (the “Representative”) an aggregate of [●] shares (the “Firm Shares”) of the common stock, par value $0.001 per share, of the Company (“Common Stock”). The Company also proposes to sell to the several Underwriters, for the sole purpose of covering over-allotments in connection with the sale of the Firm Shares, at the option of the Underwriters, up to an additional [●] shares of Common Stock (the “Option Shares”). The Firm Shares and the Option Shares are hereinafter referred to collectively as the “Shares”.

5,500,000 Shares CARA THERAPEUTICS, INC. Common Stock UNDERWRITING AGREEMENT
Underwriting Agreement • July 29th, 2019 • Cara Therapeutics, Inc. • Pharmaceutical preparations • New York

CARA THERAPEUTICS, INC., a Delaware corporation (the “Company”), proposes to issue and sell to the several underwriters named in Schedule I hereto (the “Underwriters”) for whom you are acting as representatives (the “Representatives”) an aggregate of 5,500,000 shares (the “Firm Shares”) of the common stock, par value $0.001 per share, of the Company (“Common Stock”). The Company also proposes to sell to the several Underwriters, at the option of the underwriters, up to an additional 825,000 shares of Common Stock (the “Option Shares”). The Firm Shares and the Option Shares are hereinafter referred to collectively as the “Shares”.

17,391,305 Shares SIENTRA, INC. Common Stock UNDERWRITING AGREEMENT
Underwriting Agreement • June 5th, 2019 • Sientra, Inc. • Orthopedic, prosthetic & surgical appliances & supplies • New York

Sientra, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several underwriters named in Schedule I hereto (the “Underwriters”) for whom you are acting as representatives (the “Representatives”) an aggregate of 17,391,305 shares (the “Firm Shares”) of the common stock, par value $0.01 per share, of the Company (“Common Stock”). The Company also proposes to sell to the several Underwriters, at the option of the Underwriters, up to an additional 2,608,695 shares of Common Stock (the “Option Shares”). The Firm Shares and the Option Shares are hereinafter referred to collectively as the “Shares”.

2,385,000 Shares PACIFIC CITY FINANCIAL CORPORATION Common Stock UNDERWRITING AGREEMENT
Underwriting Agreement • August 10th, 2018 • Pacific City Financial Corp • State commercial banks • New York
] Shares PACIFIC CITY FINANCIAL CORPORATION Common Stock UNDERWRITING AGREEMENT
Underwriting Agreement • August 2nd, 2018 • Pacific City Financial Corp • State commercial banks • New York
4,500,000 Shares CARA THERAPEUTICS, INC. Common Stock UNDERWRITING AGREEMENT
Underwriting Agreement • July 23rd, 2018 • Cara Therapeutics, Inc. • Pharmaceutical preparations • New York

CARA THERAPEUTICS, INC., a Delaware corporation (the “Company”), proposes to issue and sell to the several underwriters named in Schedule I hereto (the “Underwriters”) for whom you are acting as representatives (the “Representatives”) an aggregate of 4,500,000 shares (the “Firm Shares”) of the common stock, par value $0.001 per share, of the Company (“Common Stock”). The Company also proposes to sell to the several Underwriters, at the option of the underwriters, up to an additional 675,000 shares of Common Stock (the “Option Shares”). The Firm Shares and the Option Shares are hereinafter referred to collectively as the “Shares”.

11,688,000 Shares AERPIO PHARMACEUTICALS, INC. Common Stock UNDERWRITING AGREEMENT
Underwriting Agreement • June 27th, 2018 • Aerpio Pharmaceuticals, Inc. • Pharmaceutical preparations • New York

Aerpio Pharmaceuticals, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several underwriters named in Schedule I hereto (the “Underwriters”) for whom you are acting as representative (the “Representative”) an aggregate of 11,688,000 shares (the “Firm Shares”) of the common stock, par value $0.0001 per share, of the Company (“Common Stock”). The Company also proposes to sell to the several Underwriters, for the sole purpose of covering over-allotments in connection with the sale of the Firm Shares, at the option of the Underwriters, up to an additional 1,753,000 shares of Common Stock (the “Option Shares”). The Firm Shares and the Option Shares are hereinafter referred to collectively as the “Shares”.

7,407,408 Shares SIENTRA, INC. Common Stock UNDERWRITING AGREEMENT
Underwriting Agreement • May 4th, 2018 • Sientra, Inc. • Orthopedic, prosthetic & surgical appliances & supplies • New York

Sientra, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several underwriters named in Schedule I hereto (the “Underwriters”) for whom you are acting as representatives (the “Representatives”) an aggregate of 7,407,408 shares (the “Firm Shares”) of the common stock, par value $0.01 per share, of the Company (“Common Stock”). The Company also proposes to sell to the several Underwriters, for the sole purpose of covering over-allotments in connection with the sale of the Firm Shares, at the option of the Underwriters, up to an additional 1,111,111 shares of Common Stock (the “Option Shares”). The Firm Shares and the Option Shares are hereinafter referred to collectively as the “Shares”.

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Number of Firm Shares] Shares NLIGHT, INC. Common Stock UNDERWRITING AGREEMENT
Underwriting Agreement • April 16th, 2018 • Nlight, Inc. • Semiconductors & related devices • New York

nLIGHT, Inc., a Delaware corporation (the “Company”), proposes to issue and 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 common stock, par value $0.0001 per share, of the Company (“Common Stock”). The Company also proposes to sell to the several Underwriters, for the sole purpose of covering over-allotments in connection with the sale of the Firm Shares, at the option of the Underwriters, up to an additional [·] shares of Common Stock (the “Option Shares”). The Firm Shares and the Option Shares are hereinafter referred to collectively as the “Shares.”

58,666,667 Shares NORTHERN OIL AND GAS, INC. Common Stock UNDERWRITING AGREEMENT
Underwriting Agreement • April 10th, 2018 • Northern Oil & Gas, Inc. • Crude petroleum & natural gas • New York

Northern Oil and Gas, Inc., a Minnesota corporation (the “Company”), proposes to issue and sell to the several underwriters named in Schedule I hereto (the “Underwriters”) for whom you are acting as representative (the “Representative”) an aggregate of 58,666,667 shares (the “Firm Shares”) of the common stock, par value $0.001 per share, of the Company (“Common Stock”). The Company also proposes to grant to the Underwriters an option to purchase up to 8,800,000 additional shares of Common Stock (the “Option Shares”) as set forth in Section 2 hereof. The Firm Shares and the Option Shares are herein collectively referred to as the “Shares”.

2,000,000 Shares OP BANCORP Common Stock UNDERWRITING AGREEMENT
Underwriting Agreement • March 28th, 2018 • OP Bancorp • State commercial banks • New York
•] Shares OP BANCORP Common Stock UNDERWRITING AGREEMENT
Underwriting Agreement • March 26th, 2018 • OP Bancorp • State commercial banks • New York
•] Shares OP BANCORP Common Stock UNDERWRITING AGREEMENT
Underwriting Agreement • March 20th, 2018 • OP Bancorp • State commercial banks • New York
3,600,000 Shares Everspin Technologies, Inc. Common Stock UNDERWRITING AGREEMENT
Underwriting Agreement • February 9th, 2018 • Everspin Technologies Inc • Semiconductors & related devices • New York

Everspin Technologies, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several underwriters named in Schedule I hereto (the “Underwriters”) for whom you are acting as representative (the “Representative”) an aggregate of 3,600,000 shares (the “Firm Shares”) of the common stock, $0.0001 par value per share, of the Company (“Common Stock”), all of which are to be issued and sold by the Company. The Company also proposes to sell to the several Underwriters, at the option of the Underwriters, up to an additional 540,000 shares of Common Stock (the “Option Shares”). The Firm Shares and the Option Shares are hereinafter referred to collectively as the “Shares.”

CONNECTONE BANCORP, INC. 5.20% Fixed-to-Floating Rate Subordinated Notes due February 1, 2028 UNDERWRITING AGREEMENT
Underwriting Agreement • January 17th, 2018 • ConnectOne Bancorp, Inc. • State commercial banks • New York
4,250,000 Shares Century Casinos, Inc. Common Stock UNDERWRITING AGREEMENT
Underwriting Agreement • November 22nd, 2017 • Century Casinos Inc /Co/ • Hotels & motels • New York

Century Casinos, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several underwriters named in Schedule I hereto (the “Underwriters”) for whom you are acting as representatives (the “Representatives”), an aggregate of 4,250,000 shares (the “Firm Shares”) of the common stock, par value $0.01 per share, of the Company (“Common Stock”) on the terms and subject to the conditions set forth in this Underwriting Agreement (the “Agreement”). The Company also proposes to issue and sell to the several Underwriters, for the sole purpose of covering over-allotments in connection with the sale of the Firm Shares, at the option of the Underwriters, up to an additional 637,500 shares of Common Stock (the “Option Shares”), on the terms and subject to the conditions set forth in Section 2. The Firm Shares and the Option Shares are hereinafter referred to collectively as the “Shares”.

•] Shares Eleven Biotherapeutics, Inc. Common Stock UNDERWRITING AGREEMENT
Underwriting Agreement • October 17th, 2017 • Eleven Biotherapeutics, Inc. • Pharmaceutical preparations • New York
Egalet Corporation 16,666,667 Shares of Common Stock Warrants to Purchase 16,666,667 Shares of Common Stock UNDERWRITING AGREEMENT July 6, 2017
Underwriting Agreement • July 11th, 2017 • Egalet Corp • Pharmaceutical preparations • New York

Egalet Corporation, a Delaware corporation (the “Company”), proposes to issue and sell to the several underwriters named in Schedule I hereto (the “Underwriters”), for whom Cantor Fitzgerald & Co. (“CF&CO” or the “Representative”) is acting as representative, (i) an aggregate of 16,666,667 shares (the “Firm Shares”) of the common stock, par value $0.001 per share, of the Company (“Common Stock”), and (ii) 16,666,667 warrants to purchase an aggregate of 16,666,667 shares of Common Stock (the “Firm Warrants”) in the form, and with the terms described in the Prospectus (as defined below), which will be issued pursuant to the Warrant Agreement, to be dated as of the Closing Date (as defined below), between the Company and Broadridge Corporate Issuer Solutions, Inc., acting as warrant agent (the “Warrant Agreement”), all of which are to be issued and sold by the Company. Each Firm Share is being sold together with a Firm Warrant to purchase one share of Common Stock at an exercise price of

5,200,000 Shares CONATUS PHARMACEUTICALS INC. Common Stock UNDERWRITING AGREEMENT
Underwriting Agreement • May 11th, 2017 • Conatus Pharmaceuticals Inc. • Pharmaceutical preparations • New York

Conatus Pharmaceuticals Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several underwriters named in Schedule I hereto (the “Underwriters”) for whom you are acting as representatives (the “Representatives”) an aggregate of 5,200,000 shares (the “Firm Shares”) of the common stock, par value $0.0001 per share, of the Company (“Common Stock”). The Company also proposes to sell to the several Underwriters, at the option of the Underwriters, up to an additional 780,000 shares of Common Stock (the “Option Shares”). The Firm Shares and the Option Shares are hereinafter referred to collectively as the “Shares”.

24,900,000 Shares of Common Stock and Series A Warrants to Purchase up to 24,900,000 Shares of Common Stock Series B Warrants to Purchase up to 18,675,000 Shares of Common Stock TransEnterix, Inc. Common Stock UNDERWRITING AGREEMENT April 28, 2017
Underwriting Agreement • April 28th, 2017 • Transenterix Inc. • Surgical & medical instruments & apparatus • New York

obligations upon exercise or vesting of stock options or equity awards, (iii) transfers of Restricted Securities or any security convertible into or exercisable for Restricted Securities to an immediate family member or a trust for the benefit of the undersigned or an immediate family member or to any corporation, partnership, limited liability company or other entity all of the beneficial ownership interests of which are held exclusively by the undersigned and/or one or more family members of the undersigned in a transaction not involving a disposition for value, (iv) transfers of Restricted Securities or any security convertible into or exercisable for Restricted Securities upon death by will or intestate succession, (v) the exercise of any option, warrant or other right to acquire Restricted Securities, the settlement of any stock-settled stock appreciation rights, restricted stock or restricted stock units or the conversion of any convertible security into Restricted Securities, (v

4,450,000 Shares CARA THERAPEUTICS, INC. Common Stock UNDERWRITING AGREEMENT
Underwriting Agreement • April 3rd, 2017 • Cara Therapeutics, Inc. • Pharmaceutical preparations • New York

CARA THERAPEUTICS, INC., a Delaware corporation (the “Company”), proposes to issue and sell to the several underwriters named in Schedule I hereto (the “Underwriters”) for whom you are acting as representatives (the “Representatives”) an aggregate of 4,450,000 shares (the “Firm Shares”) of the common stock, par value $0.001 per share, of the Company (“Common Stock”). The Company also proposes to sell to the several Underwriters, at the option of the underwriters, up to an additional 667,500 shares of Common Stock (the “Option Shares”). The Firm Shares and the Option Shares are hereinafter referred to collectively as the “Shares”.

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