Common Contracts
43 similar Terms Agreement contracts by Associated Estates Realty Corp, National Retail Properties, Inc., Apellis Pharmaceuticals, Inc., others
VROOM, INC. Common Stock ($0.001 par value) Having an Aggregate Offering Price of up to Equity Distribution AgreementTerms Agreement • December 1st, 2023 • Vroom, Inc. • Retail-auto dealers & gasoline stations • New York
Vroom, Inc., a Delaware corporation (the “Company”) confirms its agreement (this “Agreement”) with Virtu Americas LLC (“Virtu”) (the “Manager”)
BIOHAVEN LTD. Common Shares (without par value) Having an Aggregate Offering Price of up to Equity Distribution AgreementTerms Agreement • October 3rd, 2023 • Biohaven Ltd. • Pharmaceutical preparations • New York
Biohaven Ltd., a British Virgin Islands business company (the “Company”), confirms its agreement (this “Agreement”) with J.P. Morgan Securities LLC (the “Manager”) as follows:
Common Stock ($0.001 par value) Having an Aggregate Offering Price of up to Equity Distribution AgreementTerms Agreement • August 10th, 2023 • Senseonics Holdings, Inc. • Industrial instruments for measurement, display, and control • New York
KARUNA THERAPEUTICS, INC. Common Stock ($0.0001 par value) Equity Distribution AgreementTerms Agreement • June 21st, 2023 • Karuna Therapeutics, Inc. • Pharmaceutical preparations • New York
BEYOND MEAT, INC. Common Stock ($0.0001 par value per share) Having an Aggregate Offering Price of up to Equity Distribution AgreementTerms Agreement • May 11th, 2023 • Beyond Meat, Inc. • Food and kindred products • New York
Beyond Meat, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Goldman Sachs & Co. LLC (“Goldman”) (the “Manager”) as follows:
ARCUS BIOSCIENCES, INC. Common Stock ($0.0001 par value) Having an Aggregate Offering Price of up to Equity Distribution AgreementTerms Agreement • February 28th, 2023 • Arcus Biosciences, Inc. • Pharmaceutical preparations • New York
Arcus Biosciences, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Goldman Sachs & Co. LLC (“Goldman”) and SVB Securities LLC (“SVB Securities”) (each, a “Manager” and, collectively, the “Managers”) as follows:
Amicus Therapeutics, Inc. Common Stock ($0.01 par value) Having an Aggregate Offering Price of up to $250 million Equity Distribution AgreementTerms Agreement • November 7th, 2022 • Amicus Therapeutics, Inc. • Pharmaceutical preparations • New York
Amicus Therapeutics, Inc., a Delaware corporation (the “Company”) confirms its agreement (this “Agreement”) with Goldman Sachs & Co. LLC (“Goldman”), (the “Manager”) as follows:
FIBROGEN, INC. Common Stock ($0.01 par value) Having an Aggregate Offering Price of up to $200 Million Equity Distribution AgreementTerms Agreement • August 8th, 2022 • Fibrogen Inc • Pharmaceutical preparations • New York
FibroGen, Inc., a Delaware corporation (the “Company”) confirms its agreement (this “Agreement”) with Goldman, Sachs & Co. LLC (the “Manager”) as follows:
bluebird bio, Inc. Common Stock, par value $0.01 per share Having an Aggregate Offering Price of up to Equity Distribution AgreementTerms Agreement • June 22nd, 2022 • Bluebird Bio, Inc. • Biological products, (no disgnostic substances) • New York
bluebird bio, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Goldman Sachs & Co. LLC (the “Manager”) as follows:
eversource energy Common Shares ($5.00 par value) Having an Aggregate Offering Price of up to Equity Distribution AgreementTerms Agreement • May 11th, 2022 • Eversource Energy • Electric services • New York
Eversource Energy, a voluntary association and Massachusetts business trust (the “Company”), confirms its agreement (this “Agreement”) with Goldman Sachs & Co. LLC (“Goldman”); Barclays Capital Inc.; Citigroup Global Markets Inc.; Wells Fargo Securities, LLC; Morgan Stanley & Co. LLC; and J.P. Morgan Securities LLC (each a “Manager” and, collectively, the “Managers”) as follows:
DENALI THERAPEUTICS INC. Common Stock ($0.01 par value) Having an Aggregate Offering Price of up to $400,000,000 Equity Distribution AgreementTerms Agreement • February 28th, 2022 • Denali Therapeutics Inc. • Biological products, (no disgnostic substances) • New York
Denali Therapeutics Inc., a Delaware corporation (the “Company”) confirms its agreement (this “Agreement”) with Goldman, Sachs & Co. LLC (“Goldman”), SVB Securities LLC (“SVB Securities”) and Cantor Fitzgerald & Co. (“Cantor”) (each a “Manager” and, collectively, the “Managers”) as follows:
DENALI THERAPEUTICS INC. Common Stock ($0.01 par value) Having an Aggregate Offering Price of up to $400,000,000 Equity Distribution AgreementTerms Agreement • February 28th, 2022 • Denali Therapeutics Inc. • Biological products, (no disgnostic substances) • New York
Denali Therapeutics Inc., a Delaware corporation (the “Company”) confirms its agreement (this “Agreement”) with Goldman, Sachs & Co. LLC (“Goldman”), SVB Securities LLC (“SVB Securities”) and Cantor Fitzgerald & Co. (“Cantor”) (each a “Manager” and, collectively, the “Managers”) as follows:
Applied Therapeutics, Inc. Up to $100,000,000 of Common Stock ($0.0001 par value) Equity Distribution AgreementTerms Agreement • January 26th, 2022 • Applied Therapeutics Inc. • Pharmaceutical preparations • New York
OPEN MARKET SALE AGREEMENTSMTerms Agreement • January 20th, 2022 • Apellis Pharmaceuticals, Inc. • Pharmaceutical preparations • New York
Apellis Pharmaceuticals, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Jefferies LLC (the “Manager”) as follows:
Having an Aggregate Offering Price of up to Equity Distribution AgreementTerms Agreement • November 4th, 2020 • Flexion Therapeutics Inc • Pharmaceutical preparations • New York
Flexion Therapeutics, Inc., a Delaware corporation (the “Company”) confirms its agreement (this “Agreement”) with Goldman, Sachs & Co. LLC (“Goldman”) and Credit Suisse Securities (USA) LLC (“Credit Suisse”) (each a “Manager” and, together, the “Managers”) as follows:
KARUNA THERAPEUTICS, INC. Up to $150,000,000 of Common Stock ($0.0001 par value) Equity Distribution AgreementTerms Agreement • July 2nd, 2020 • Karuna Therapeutics, Inc. • Pharmaceutical preparations • New York
Karuna Therapeutics, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Goldman Sachs & Co. LLC (the “Manager”) as follows. To the extent there is a single Manager, all references to the “Managers” and the “Designated Manager” as used herein shall refer only to Goldman Sachs & Co. LLC, and the terms “Managers” shall mean either the singular or the plural as the context requires.
Applied Therapeutics, Inc. Up to $100,000,000 of Common Stock ($0.0001 par value) Equity Distribution AgreementTerms Agreement • June 12th, 2020 • Applied Therapeutics Inc. • Pharmaceutical preparations • New York
Owens & Minor, Inc. $50,000,000 Shares Common Stock ($2 par value per share) Equity Distribution AgreementTerms Agreement • May 21st, 2020 • Owens & Minor Inc/Va/ • Wholesale-medical, dental & hospital equipment & supplies • New York
Owens & Minor, Inc., a corporation incorporated under the laws of Virginia (the “Company”), confirms its agreement (this “Agreement”) with Citigroup Global Markets Inc. (the “Manager”) as follows:
Up to 1,000,000 Shares of Class A Common Stock ($0.0001 par value) Equity Distribution AgreementTerms Agreement • November 19th, 2019 • Roku, Inc • Cable & other pay television services • New York
Each of the provisions of the Equity Distribution Agreement not specifically related to the solicitation by Citigroup Global Markets Inc., as agent of the Company, of offers to purchase securities is incorporated herein by reference in its entirety, and shall be deemed to be part of this Terms Agreement to the same extent as if such provisions had been set forth in full herein. Each of the representations and warranties set forth therein shall be deemed to have been made at and as of the date of this Terms Agreement [and] [,] the Time of Delivery [and any Option Closing Date] [Include only if Citigroup Global Markets Inc. has an over-allotment option], except that each representation and warranty in Section 2 of the Equity Distribution Agreement which makes reference to the Prospectus (as therein defined) shall be deemed to be a representation and warranty as of the date of the Equity Distribution Agreement in relation to the Prospectus, and also a representation and warranty as of the
Millendo Therapeutics, Inc. $50,000,000 Shares Common Stock ($0.001 par value) Equity Distribution AgreementTerms Agreement • April 5th, 2019 • Millendo Therapeutics, Inc. • Pharmaceutical preparations • New York
Millendo Therapeutics, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Citigroup Global Markets Inc. (the “Manager”) as follows:
Up to $100,000,000 Shares of Class A Common Stock ($0.0001 par value) Equity Distribution AgreementTerms Agreement • March 12th, 2019 • Roku, Inc • Cable & other pay television services • New York
Each of the provisions of the Equity Distribution Agreement not specifically related to the solicitation by Citigroup Global Markets Inc., as agent of the Company, of offers to purchase securities is incorporated herein by reference in its entirety, and shall be deemed to be part of this Terms Agreement to the same extent as if such provisions had been set forth in full herein. Each of the representations and warranties set forth therein shall be deemed to have been made at and as of the date of this Terms Agreement [and] [,] the Time of Delivery [and any Option Closing Date] [Include only if Citigroup Global Markets Inc. has an over-allotment option], except that each representation and warranty in Section 2 of the Equity Distribution Agreement which makes reference to the Prospectus (as therein defined) shall be deemed to be a representation and warranty as of the date of the Equity Distribution Agreement in relation to the Prospectus, and also a representation and warranty as of the
Apellis Pharmaceuticals, Inc. $150,000,000 Shares Common Stock ($0.0001 par value per share) Equity Distribution AgreementTerms Agreement • December 28th, 2018 • Apellis Pharmaceuticals, Inc. • Pharmaceutical preparations • New York
Apellis Pharmaceuticals, Inc., a corporation organized under the laws of the State of Delaware (the “Company”), confirms its agreement (this “Agreement”) with Citigroup Global Markets Inc. (the “Manager”) as follows:
TOCAGEN INC. Common Stock ($0.001 par value) Equity Distribution AgreementTerms Agreement • November 21st, 2018 • Tocagen Inc • Pharmaceutical preparations • New York
Tocagen Inc., a corporation organized under the laws of Delaware (the “Company”), confirms its agreement (this “Agreement”) with Citigroup Global Markets Inc. (the “Manager”) as follows:
NATIONAL RETAIL PROPERTIES, INC. 12,000,000 Shares Common Stock ($0.01 par value per share) Equity Distribution AgreementTerms Agreement • February 26th, 2018 • National Retail Properties, Inc. • Real estate investment trusts • New York
NATIONAL RETAIL PROPERTIES, INC., a corporation organized under the laws of Maryland (the “Company”), confirms its agreement (this “Agreement”) with [ ] (the “Manager”) as follows:
DORIAN LPG LTD. Common Stock Having an Aggregate Offering Price of up to $40,000,000 Equity Distribution AgreementTerms Agreement • August 28th, 2017 • Dorian LPG Ltd. • Deep sea foreign transportation of freight • New York
Dorian LPG Ltd. is a corporation incorporated under the laws of the Marshall Islands (the "Company"). The Company confirms its agreement (this "Agreement") with Evercore Group L.L.C. (the "Manager") as follows:
ARENA PHARMACEUTICALS, INC. $50,000,000 Shares Common Stock ($0.0001 par value) Equity Distribution AgreementTerms Agreement • January 4th, 2017 • Arena Pharmaceuticals Inc • Pharmaceutical preparations • New York
Arena Pharmaceuticals, Inc., a corporation organized under the laws of Delaware (the “Company”), confirms its agreement (this “Agreement”) with Citigroup Global Markets Inc. (the “Manager”) as follows:
CLEAN ENERGY FUELS CORP. Common Stock ($0.0001 par value) Second Amended and Restated Equity Distribution Agreement December 21, 2016Terms Agreement • December 21st, 2016 • Clean Energy Fuels Corp. • Gas & other services combined • New York
This Second Amended and Restated Equity Distribution Agreement, dated as of December 21, 2016, amends and restates the Equity Distribution Agreement dated as of November 11, 2015 (the “Original Agreement”), as amended by the Amended and Restated Equity Distribution Agreement, dated as of September 9, 2016 (the “A&R Agreement”), by and between Clean Energy Fuels Corp., a corporation organized under the laws of Delaware, (the “Company”) and Citigroup Global Markets Inc. (the “Manager”). The Company and the Manager confirm their agreement (this “Agreement”) as follows:
NATIONAL RETAIL PROPERTIES, INC. 12,000,000 Shares Common Stock ($0.01 par value) Equity Distribution Agreement March 18, 2016Terms Agreement • March 18th, 2016 • National Retail Properties, Inc. • Real estate investment trusts • New York
If the foregoing is in accordance with your understanding, please sign and return to us a counterpart hereof, whereupon this Terms Agreement, including those provisions of the Equity Distribution Agreement incorporated herein by reference, shall constitute a binding agreement between the Manager and the Company.
CLEAN ENERGY FUELS CORP. $75,000,000 Shares Common Stock ($0.0001 par value) Equity Distribution AgreementTerms Agreement • November 12th, 2015 • Clean Energy Fuels Corp. • Gas & other services combined • New York
Clean Energy Fuels Corp., a corporation organized under the laws of Delaware (the “Company”), confirms its agreement (this “Agreement”) with Citigroup Global Markets Inc. (the “Manager”) as follows:
NATIONAL RETAIL PROPERTIES, INC. 10,000,000 Shares Common Stock ($0.01 par value) Equity Distribution AgreementTerms Agreement • February 26th, 2015 • National Retail Properties, Inc. • Real estate investment trusts • New York
If the foregoing is in accordance with your understanding, please sign and return to us a counterpart hereof, whereupon this Terms Agreement, including those provisions of the Equity Distribution Agreement incorporated herein by reference, shall constitute a binding agreement between the Manager and the Company.
Associated Estates Realty Corporation $75,000,000 Common Shares (without par value) Equity Distribution AgreementTerms Agreement • April 12th, 2013 • Associated Estates Realty Corp • Real estate investment trusts • New York
Associated Estates Realty Corporation, a corporation organized under the laws of Ohio (the “Company”), confirms its agreement (this “Agreement”) with Jefferies LLC (the “Manager”) as follows:
Associated Estates Realty Corporation $75,000,000 Common Shares (without par value) Equity Distribution AgreementTerms Agreement • April 12th, 2013 • Associated Estates Realty Corp • Real estate investment trusts • New York
Associated Estates Realty Corporation, a corporation organized under the laws of Ohio (the “Company”), confirms its agreement (this “Agreement”) with Raymond James & Associates, Inc. (the “Manager”) as follows:
NATIONAL RETAIL PROPERTIES, INC. 9,000,000 Shares Common Stock ($0.01 par value) Equity Distribution AgreementTerms Agreement • March 28th, 2013 • National Retail Properties, Inc. • Real estate investment trusts • New York
NATIONAL RETAIL PROPERTIES, INC., a corporation organized under the laws of Maryland (the “Company”), confirms its agreement (this “Agreement”) with [ ] (the “Manager”) as follows:
Associated Estates Realty Corporation $75,000,000 Common Shares (without par value) Equity Distribution AgreementTerms Agreement • August 29th, 2012 • Associated Estates Realty Corp • Real estate investment trusts • New York
Associated Estates Realty Corporation, a corporation organized under the laws of Ohio (the “Company”), confirms its agreement (this “Agreement”) with Barclays Capital Inc. (the “Manager”) as follows:
Associated Estates Realty Corporation $75,000,000 Common Shares (without par value) Equity Distribution AgreementTerms Agreement • August 29th, 2012 • Associated Estates Realty Corp • Real estate investment trusts • New York
Associated Estates Realty Corporation, a corporation organized under the laws of Ohio (the “Company”), confirms its agreement (this “Agreement”) with Jefferies & Company, Inc. (the “Manager”) as follows:
