Common Contracts

2 similar Letter Agreement contracts by Addex Therapeutics Ltd., Mannkind Corp

STRICTLY CONFIDENTIAL Addex Therapeutics Ltd Chemin des Mines 9, CH-1202 Geneva Switzerland Attn: Tim Dyer, Chief Executive Officer Dear Mr. Dyer:
Letter Agreement • March 30th, 2023 • Addex Therapeutics Ltd. • Pharmaceutical preparations • New York

This letter agreement (this “Agreement”) constitutes the agreement between Addex Therapeutics Ltd (the “Company”) and H.C. Wainwright & Co., LLC (“Wainwright”), that Wainwright shall serve as the exclusive agent, advisor or underwriter in any offering in the United States (each, an “Offering”) of equity securities of the Company (the “Securities”) during the Term (as hereinafter defined) of this Agreement. The terms of each Offering and the Securities issued in connection therewith shall be mutually agreed upon by the Company and Wainwright and nothing herein implies that Wainwright would have the power or authority to bind the Company and nothing herein implies that the Company shall have an obligation to issue any Securities. It is understood that Wainwright’s assistance in an Offering will be subject to the satisfactory completion of such investigation and inquiry into the affairs of the Company as Wainwright deems appropriate under the circumstances and to the receipt of all intern

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STRICTLY CONFIDENTIAL MannKind Corporation 30930 Russell Ranch Road, Suite 301 Westlake Village, California 91362 Attn: Michael Castagna, Chief Executive Officer Dear Mr. Castagna:
Letter Agreement • October 11th, 2017 • Mannkind Corp • Pharmaceutical preparations • New York

This letter agreement (this “Agreement”) constitutes the agreement between MannKind Corporation (the “Company”) and H.C. Wainwright & Co., LLC (“Wainwright”), that Wainwright shall serve as the exclusive agent, advisor or underwriter in any offering in a financing transaction (each, an “Offering”) of common stock of the Company (the “Securities”) during the Term (as hereinafter defined) of this Agreement. For purposes of this Agreement, Securities do not include debt securities of the Company, even if convertible into equity securities of the Company, securities issued pursuant to options or rights outstanding as of the date hereof, securities issued pursuant to the Company’s equity incentive plans or securities issued pursuant to the Company’s At Market Issuance Sales Agreement, dated April 26, 2016, between the Company and FBR Capital Markets & Co. The terms of each Offering and the Securities issued in connection therewith shall be mutually agreed upon by the Company and Wainwright

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