Common Contracts

4 similar null contracts by Dynavax Technologies Corp, KFX Inc, Papa Murphy's Holdings, Inc., Secoo Holding LTD

Secoo Holding Limited 8,500,000 American Depositary Shares Representing 4,250,000 Class A Ordinary Shares (Par Value US$0.001 Per Share) UNDERWRITING AGREEMENT
Secoo Holding LTD • September 11th, 2017 • Retail-retail stores, nec • New York

The undersigned is a record or beneficial owner of American Depositary Shares of the Company (“ADSs”), each representing Class A ordinary share[s], par value per share, of the Company (the “Class A Ordinary Shares”, and together with the Company’s Class B ordinary shares, par value per share, the “Ordinary Shares”), of Ordinary Shares or of securities convertible into or exchangeable or exercisable for ADSs or Ordinary Shares. The Company proposes to conduct a public offering of ADSs (the “Offering”) for which Jefferies LLC (“Jefferies”) will act as the representative of the underwriters (the “Representative”). The undersigned recognizes that the Offering will benefit each of the Company and the undersigned. The undersigned acknowledges that the underwriters are relying on the representations and agreements of the undersigned contained in this letter agreement in conducting the Offering and, at a subsequent date, in entering into an underwriting agreement (the “Underwriting Agreement”)

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5,833,333 Shares Papa Murphy’s Holdings, Inc. FORM OF UNDERWRITING AGREEMENT
Papa Murphy's Holdings, Inc. • April 28th, 2014 • Retail-eating places • New York
23,000,000 Shares Dynavax Technologies Corporation Common Stock, $0.001 Par Value per Share UNDERWRITING AGREEMENT
Dynavax Technologies Corp • October 28th, 2010 • Pharmaceutical preparations • New York

Lock-up Period, the Company issues an earnings release or material news or a material event relating to the Company occurs or (ii) prior to the expiration of the Lock-up Period, the Company announces that it will release earnings results during the 16-day period beginning on the last day of the Lock-up Period, then in each case the Lock-up Period will be extended until the expiration of the 18-day period beginning on the date of the issuance of the earnings release or the occurrence of the material news or material event, as applicable, unless Jefferies & Company, Inc. waives, in writing, such extension, except that such extension will not apply if, (i) the Common Stock is an “actively traded security” (as defined in Regulation M under the Exchange Act), (ii) the Company meets the applicable requirements of Rule 139(a)(1) under the Securities Act if 1933, as amended (the “Securities Act”) in the manner contemplated by Conduct Rule 2711(f)(4) of the National Association of Securities De

7,000,000 Shares KFx INC. Common Stock, Par Value $.001 Per Share UNDERWRITING AGREEMENT
KFX Inc • February 3rd, 2006 • Industrial organic chemicals • New York

agreement, and there shall be no further transfer of such Shares, except in accordance with this letter agreement. The undersigned hereby acknowledges and agrees that written notice of any extension of the Lock-up Period pursuant to the preceding sentence will be delivered by Jefferies & Company, Inc. to the Company and that any such notice properly delivered will be deemed to have been given to, and received by, the undersigned.

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