Common Contracts

349 similar Registration Rights Agreement contracts by Digerati Technologies, Inc., Aditxt, Inc., Clean Vision Corp, others

REGISTRATION RIGHTS AGREEMENT
Registration Rights Agreement • August 8th, 2023 • Clean Vision Corp • Industrial organic chemicals • Delaware

THIS REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of July 31, 2023, by and between Clean Vision Corporation, a Nevada corporation (the “Company”), and Coventry Enterprises, LLC, a Delaware limited liability company (together with it permitted assigns, the “Investor”) (the Company and Investor, each a “Party”; and, together, the “Parties”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings set forth in that certain Securities Purchase Agreement by and between the Parties, dated as of the date hereof (as amended, restated, supplemented, or otherwise modified from time to time, the “Purchase Agreement”).

REGISTRATION RIGHTS AGREEMENT
Registration Rights Agreement • August 4th, 2023 • Alpine 4 Holdings, Inc. • Communications equipment, nec

REGISTRATION RIGHTS AGREEMENT (this "Agreement"), dated as of June 29, 2023, by and between ALPINE 4 HOLDINGS, INC., a Delaware corporation (the "Company"), and MAST HILL FUND, L.P., a Delaware limited partnership (together with it permitted assigns, the “Investor”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings set forth in the securities 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").

REGISTRATION RIGHTS AGREEMENT
Registration Rights Agreement • August 4th, 2023 • iBio, Inc. • Pharmaceutical preparations

REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of August 4, 2023, by and between IBIO, INC., a Delaware corporation (the “Company”), and LINCOLN PARK CAPITAL FUND, LLC, an Illinois limited liability company (together with it permitted assigns, the “Buyer”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings set forth in the 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”).

REGISTRATION RIGHTS AGREEMENT
Registration Rights Agreement • July 28th, 2023 • Aditxt, Inc. • Pharmaceutical preparations

REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of ____, 2023, by and between ADITXT, INC., a Delaware corporation (the “Company”), and (together with its permitted assigns, the “Investor”). _________., a ___________ company used herein and not otherwise defined herein shall have the respective meanings set forth in the securities 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”).

REGISTRATION RIGHTS AGREEMENT
Registration Rights Agreement • July 28th, 2023 • Tenon Medical, Inc. • Surgical & medical instruments & apparatus

REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of July 24, 2023, by and between TENON MEDICAL, INC., a Delaware corporation (the “Company”), and LINCOLN PARK CAPITAL FUND, LLC, an Illinois limited liability company (together with it permitted assigns, the “Buyer”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings set forth in the 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”).

REGISTRATION RIGHTS AGREEMENT
Registration Rights Agreement • July 26th, 2023 • Propanc Biopharma, Inc. • Pharmaceutical preparations

REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of July 20, 2023, by and between PROPANC BIOPHARMA, INC., a Delaware corporation (the “Company”), and DUTCHESS CAPITAL GROWTH FUND L.P., a Delaware limited partnership (together with it permitted assigns, the “Investor”). 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”).

REGISTRATION RIGHTS AGREEMENT
Registration Rights Agreement • June 27th, 2023 • Enochian Biosciences Inc • Pharmaceutical preparations

THIS REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of June 20, 2023, is made by and between ENOCHIAN BIOSCIENCES INC., a Delaware corporation (the “Company”), and LINCOLN PARK 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 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”).

REGISTRATION RIGHTS AGREEMENT
Registration Rights Agreement • May 17th, 2023 • Blue Star Foods Corp. • Prepared fresh or frozen fish & seafoods

THIS REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of May 16, 2023, by and between BLUE STAR FOODS, CORP., a Delaware corporation (the “Company”), and CLEARTHINK CAPITAL PARTNERS, LLC, a Delaware limited liability company (together with it permitted assigns, the “Buyer”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings set forth in the 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”).

REGISTRATION RIGHTS AGREEMENT
Registration Rights Agreement • May 10th, 2023 • Tracon Pharmaceuticals, Inc. • Biological products, (no disgnostic substances)

This REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of May 8, 2023, by and between TRACON PHARMACEUTICALS, INC., a Delaware corporation (the “Company”), and LINCOLN PARK CAPITAL FUND, LLC, an Illinois limited liability company (together with it permitted assigns, the “Buyer”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings set forth in the 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”).

REGISTRATION RIGHTS AGREEMENT
Registration Rights Agreement • April 25th, 2023 • Cingulate Inc. • Pharmaceutical preparations

REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of April 24, 2023, by and between CINGULATE INC., a Delaware corporation (the “Company”), and LINCOLN PARK CAPITAL FUND, LLC, an Illinois limited liability company (together with it permitted assigns, the “Buyer”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings set forth in the 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”).

REGISTRATION RIGHTS AGREEMENT
Registration Rights Agreement • March 31st, 2023 • Kona Gold Beverage, Inc. • Beverages

This REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of March 30, 2023, is entered into by and between KONA GOLD BEVERAGE, INC., a Delaware corporation (the “Company”), and MAST HILL FUND, L.P., a Delaware limited partnership (together with it permitted assigns, the “Investor”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings set forth in the equity 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”).

REGISTRATION RIGHTS AGREEMENT
Registration Rights Agreement • March 13th, 2023 • Heart Test Laboratories, Inc. • Orthopedic, prosthetic & surgical appliances & supplies

THIS REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of March 10, 2023, is made by and between HEART TEST LABORATORIES, INC., a Texas corporation (the “Company”), and LINCOLN PARK 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 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”).

REGISTRATION RIGHTS AGREEMENT
Registration Rights Agreement • February 9th, 2023 • INVO Bioscience, Inc. • Surgical & medical instruments & apparatus

This REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of February 3, 2023, is entered into by and between INVO BIOSCIENCE, INC., a Nevada corporation (the “Company”), and PEAK ONE OPPORTUNITY FUND, L.P., a Delaware limited partnership (together with it permitted assigns, the “Investor”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings set forth in the equity 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”).

REGISTRATION RIGHTS AGREEMENT
Registration Rights Agreement • February 9th, 2023 • INVO Bioscience, Inc. • Surgical & medical instruments & apparatus

This REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of February 3, 2023, is entered into by and between INVO BIOSCIENCE, INC., a Nevada corporation (the “Company”), and PEAK ONE OPPORTUNITY FUND, L.P., a Delaware limited partnership (together with it permitted assigns, the “Investor”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings set forth in the securities 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”).

REGISTRATION RIGHTS AGREEMENT
Registration Rights Agreement • February 7th, 2023 • Digerati Technologies, Inc. • Services-computer processing & data preparation

REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of December __, 2022, by and between DIGERATI TECHNOLOGIES, INC., a Nevada corporation (the “Company”), and (together with it permitted assigns, the “Investor”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings set forth in the securities 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”).

REGISTRATION RIGHTS AGREEMENT
Registration Rights Agreement • February 7th, 2023 • Safe & Green Holdings Corp. • Wholesale-lumber & other construction materials

This REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of February 7, 2023, is entered into by and between SAFE & GREEN HOLDINGS CORP., a Delaware corporation (the “Company”), and PEAK ONE OPPORTUNITY FUND, L.P., a Delaware limited partnership (together with it permitted assigns, the “Investor”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings set forth in the equity 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”).

REGISTRATION RIGHTS AGREEMENT
Registration Rights Agreement • February 7th, 2023 • Safe & Green Holdings Corp. • Wholesale-lumber & other construction materials

This REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of February 7, 2023, is entered into by and between SAFE & GREEN HOLDINGS CORP., a Delaware corporation (the “Company”), and PEAK ONE OPPORTUNITY FUND, L.P., a Delaware limited partnership (together with it permitted assigns, the “Investor”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings set forth in the securities 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”).

REGISTRATION RIGHTS AGREEMENT
Registration Rights Agreement • February 3rd, 2023 • Kiora Pharmaceuticals Inc • Pharmaceutical preparations

REGISTRATION RIGHTS AGREEMENT (this "Agreement"), dated as of February 3, 2023, by and between KIORA PHARMACEUTICALS, INC., a Delaware corporation (the "Company"), and LINCOLN PARK CAPITAL FUND, LLC, an Illinois limited liability company (together with it permitted assigns, the “Buyer”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings set forth in the 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").

REGISTRATION RIGHTS AGREEMENT
Registration Rights Agreement • January 23rd, 2023 • Clean Vision Corp • Services-offices & clinics of doctors of medicine • Delaware

THIS REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of December 9, 2022, by and between Clean Vision Corporation, a Nevada corporation (the “Company”), and Coventry Enterprises, LLC, a Delaware limited liability company (together with it permitted assigns, the “Investor”) (the Company and Investor, each a “Party”; and, together, the “Parties”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings set forth in that certain Securities Purchase Agreement by and between the Parties, dated as of the date hereof (as amended, restated, supplemented, or otherwise modified from time to time, the “Purchase Agreement”).

REGISTRATION RIGHTS AGREEMENT
Registration Rights Agreement • December 30th, 2022 • Costas Inc • General bldg contractors - nonresidential bldgs

THIS REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of November 22, 2022, by and between COSTAS, INC., a Nevada corporation (the “Company”), and WORLD AMBER CORPORATION, a Nevada corporation (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 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”).

REGISTRATION RIGHTS AGREEMENT
Registration Rights Agreement • December 19th, 2022 • Biolargo, Inc. • Chemicals & allied products

REGISTRATION RIGHTS AGREEMENT (this "Agreement"), dated as of December 13, 2022, by and between BIOLARGO, INC., a Delaware corporation (the "Company"), and LINCOLN PARK CAPITAL FUND, LLC, an Illinois limited liability company (together with it permitted assigns, the “Buyer”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings set forth in the 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").

REGISTRATION RIGHTS AGREEMENT
Registration Rights Agreement • December 5th, 2022 • Altamira Therapeutics Ltd. • Pharmaceutical preparations

REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of December 5, 2022, by and between ALTAMIRA THERAPEUTICS LTD., an exempted company limited by shares incorporated in Bermuda (the “Company”), and LINCOLN PARK CAPITAL FUND, LLC, an Illinois limited liability company (together with it permitted assigns, the “Buyer”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings set forth in the 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”).

REGISTRATION RIGHTS AGREEMENT
Registration Rights Agreement • December 2nd, 2022 • Digerati Technologies, Inc. • Services-computer processing & data preparation • Nevada

REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of November 22, 2022, by and between DIGERATI TECHNOLOGIES, INC., a Nevada corporation (the “Company”), and MAST HILL FUND, L.P., a Delaware limited partnership (together with it permitted assigns, the “Investor”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings set forth in the securities 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”).

REGISTRATION RIGHTS AGREEMENT
Registration Rights Agreement • November 18th, 2022 • Nutex Health, Inc. • Services-business services, nec • Illinois

THIS REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of November 14, 2022, is made by and between NUTEX HEALTH INC., a Delaware corporation (the “Company”), and LINCOLN PARK 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 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”).

REGISTRATION RIGHTS AGREEMENT
Registration Rights Agreement • November 8th, 2022 • Galaxy Next Generation, Inc. • Services-motion picture theaters • Nevada

THIS REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of November 7, 2022, by and between GALAXY NEXT GENERATION, INC., a Nevada corporation (the “Company”), and CLEARTHINK CAPITAL PARTNERS, LLC, a Delaware limited liability company (together with it permitted assigns, the “Buyer”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings set forth in the 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”).

REGISTRATION RIGHTS AGREEMENT
Registration Rights Agreement • October 14th, 2022 • Marquie Group, Inc. • Radio broadcasting stations • Florida

REGISTRATION RIGHTS AGREEMENT (this "Agreement"), dated as of October 12, 2022, by and between THE MARQUIE GROUP, INC., a Florida corporation (the "Company"), and MACRAB LLC, a Florida limited liability company (together with its assigns, the “Investor”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings set forth in the standby equity commitment 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").

REGISTRATION RIGHTS AGREEMENT
Registration Rights Agreement • October 11th, 2022 • Item 9 Labs Corp. • Dental equipment & supplies • Nevada

THIS REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of August 24, 2022, by and between ITEM 9 LABS CORP., a Delaware corporation (the “Company”), and CLEARTHINK CAPITAL PARTNERS, LLC, a Delaware limited liability company (together with it permitted assigns, the “Buyer”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings set forth in the 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”).

REGISTRATION RIGHTS AGREEMENT
Registration Rights Agreement • October 4th, 2022 • Clearday, Inc. • Radio & tv broadcasting & communications equipment • Delaware

REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of September 28, 2022, by and between CLEARDAY, INC., a Delaware corporation (the “Company”), and MAST HILL FUND, L.P., a Delaware limited partnership (together with it permitted assigns, the “Investor”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings set forth in the securities 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”).

REGISTRATION RIGHTS AGREEMENT
Registration Rights Agreement • September 7th, 2022 • One World Products, Inc. • Pharmaceutical preparations • Nevada

THIS REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of September 1, 2022, by and between ONE WORLD PRODUCTS, INC., a Nevada corporation (the “Company”), and TYSADCO PARTNERS, LLC, a Delaware limited liability company (together with it permitted assigns, the “Buyer”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings set forth in the 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”).

REGISTRATION RIGHTS AGREEMENT
Registration Rights Agreement • September 6th, 2022 • Organicell Regenerative Medicine, Inc. • Miscellaneous transportation equipment • Nevada

THIS REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of September 1, 2022, by and between ORGANICELL REGENERATIVE MEDICINE INC., a Nevada corporation (the “Company”), and TYSADCO PARTNERS, LLC, a Delaware limited liability company (together with it permitted assigns, the “Buyer”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings set forth in the 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”).

REGISTRATION RIGHTS AGREEMENT
Registration Rights Agreement • August 25th, 2022 • Accredited Solutions, Inc. • Beverages • Nevada

REGISTRATION RIGHTS AGREEMENT (this "Agreement"), dated as of August 17, 2022, by and between ACCREDITED SOLUTIONS, INC., a Nevada corporation (the "Company"), and MACRAB LLC, a Florida limited liability company (together with its assigns, the “Investor”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings set forth in the standby equity commitment 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").

REGISTRATION RIGHTS AGREEMENT
Registration Rights Agreement • August 22nd, 2022 • Digerati Technologies, Inc. • Services-computer processing & data preparation • Nevada

REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of August 11, 2022, by and between DIGERATI TECHNOLOGIES, INC., a Nevada corporation (the “Company”), and PEAK ONE OPPORTUNITY FUND, L.P., a Delaware limited partnership (together with it permitted assigns, the “Investor”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings set forth in the equity 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”).

REGISTRATION RIGHTS AGREEMENT
Registration Rights Agreement • August 12th, 2022 • Biopower Operations Corp • Construction - special trade contractors • Nevada

This REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of August 8, 2022, is entered into by and between BIOPOWER OPERATIONS CORPORATION, a Nevada corporation (the “Company”), and PEAK ONE OPPORTUNITY FUND, L.P., a Delaware limited partnership (together with it permitted assigns, the “Investor”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings set forth in the equity 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”).

REGISTRATION RIGHTS AGREEMENT
Registration Rights Agreement • August 10th, 2022 • Aditxt, Inc. • Pharmaceutical preparations • Delaware

REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of August 4, 2022, by and between ADITXT, INC., a Delaware corporation (the “Company”), and [*] (together with it permitted assigns, the “Investor”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings set forth in the securities 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”).

REGISTRATION RIGHTS AGREEMENT
Registration Rights Agreement • August 8th, 2022 • Plus Therapeutics, Inc. • Surgical & medical instruments & apparatus • New York

REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of August 2, 2022, by and between PLUS THERAPEUTICS, INC., a Delaware corporation (the “Company”), and LINCOLN PARK CAPITAL FUND, LLC, an Illinois limited liability company (together with it permitted assigns, the “Buyer”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings set forth in the 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”).