Exhibit 10.1 STANDBY EQUITY DISTRIBUTION AGREEMENT ------------------------------------- THIS AGREEMENT dated as of the 30th day of March 2007 (the "Agreement") between CORNELL CAPITAL PARTNERS, LP, a Delaware limited partnership (the "Investor"), and...Equity Distribution Agreement • April 3rd, 2007 • Brightec, Inc • Papers & allied products • New Jersey
Up to US$4,700,000 of Common Stock EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • June 27th, 2023 • Lm Funding America, Inc. • Finance services • New York
REXFORD INDUSTRIAL REALTY, INC. (a Maryland corporation) $1,250,000,000 of Common Stock EQUITY DISTRIBUTION AGREEMENT (NON-FORWARD)Equity Distribution Agreement • February 17th, 2023 • Rexford Industrial Realty, Inc. • Real estate investment trusts • New York
STANDBY EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • June 19th, 2009 • Advanced Life Sciences Holdings, Inc. • Biological products, (no disgnostic substances) • New Jersey
THIS AGREEMENT dated as of June 19, 2009 (this “Agreement”) between YA GLOBAL MASTER SPV LTD., a Cayman Islands company (the “Investor”), and ADVANCED LIFE SCIENCES HOLDINGS, INC., a corporation organized and existing under the laws of the State of Delaware (the “Company”).
Genprex, Inc. Common Stock EQUITY DISTRIBUTION AGREEMENT Dated: November 18, 2022Equity Distribution Agreement • November 18th, 2022 • Genprex, Inc. • Pharmaceutical preparations • New York
BLUE APRON HOLDINGS, INC. EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • February 10th, 2023 • Blue Apron Holdings, Inc. • Retail-catalog & mail-order houses • New York
Blue Apron Holdings, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Canaccord Genuity LLC (“Canaccord”), as follows:
REXFORD INDUSTRIAL REALTY, INC. (a Maryland corporation) $1,250,000,000 of Common Stock EQUITY DISTRIBUTION AGREEMENT (FORWARD)Equity Distribution Agreement • February 17th, 2023 • Rexford Industrial Realty, Inc. • Real estate investment trusts • New York
CORE LABORATORIES N.V. Up to $60,000,000 of Common Shares EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • June 9th, 2022 • Core Laboratories N V • Oil & gas field services, nec • New York
Ares Capital Corporation Up to $1,000,000,000 Shares of Common Stock (par value $0.001 per share) EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • July 25th, 2023 • Ares Capital Corp • New York
Ares Capital Corporation, a Maryland corporation (the “Company”), Ares Capital Management LLC, a Delaware limited liability company (the “Adviser”), and Ares Operations LLC, a Delaware limited liability company (the “Administrator”), confirm their agreement (this “Agreement”) with Mizuho Securities USA LLC (the “Manager”), as follows.
GLADSTONE CAPITAL CORPORATION Up to $100,000,000 of Common Stock AMENDED AND RESTATED EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • July 28th, 2023 • Gladstone Capital Corp • New York
Reference is made to the Equity Distribution Agreement, dated as of May 10, 2021 and amended on August 5, 2022 (the “Original Agreement”), by and among Gladstone Capital Corporation, a corporation organized under the laws of Maryland (the “Company”), Gladstone Management Corporation, a Delaware corporation registered as an investment adviser (the “Adviser”), Gladstone Administration, LLC, a Delaware limited liability company (the “Administrator”), and Jefferies LLC, pursuant to which the Company proposed to issue and sell through Jefferies LLC, from time to time during the term of the Original Agreement, on the terms and subject to the conditions set forth in the Original Agreement, shares of common stock of the Company, par value $0.001 per share. The Company, the Adviser, the Administrator, Jefferies LLC and Huntington Securities, Inc. (each individually an “Agent” and collectively, the “Agents”) wish to amend and restate the Original Agreement in its entirety as provided hereby.
LAREDO PETROLEUM, INC. An aggregate number of shares of Common Stock having an aggregate gross sales price of up to $75,000,000 EQUITY DISTRIBUTION AGREEMENT Dated: February 23, 2021Equity Distribution Agreement • February 23rd, 2021 • Laredo Petroleum, Inc. • Crude petroleum & natural gas • New York
iBio, Inc. $45,000,000 Shares of Common Stock (par value $0.001 per share) EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • June 17th, 2020 • iBio, Inc. • Pharmaceutical preparations • New York
iBio, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with UBS Securities LLC (the “Manager”), as follows:
STANDBY EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • April 6th, 2020 • Ideanomics, Inc. • Cable & other pay television services • New York
THIS STANDBY EQUITY DISTRIBUTION AGREEMENT dated as of April 3, 2020 (this “Agreement”) is made by and between YA II PN, LTD., a Cayman Islands exempt limited partnership (the “Investor”), and IDEANOMICS, INC., a Nevada (the “Company”).
AIM ImmunoTech Inc. Up to $8,500,000 Shares of Common Stock Equity Distribution AgreementEquity Distribution Agreement • April 19th, 2023 • AIM ImmunoTech Inc. • Biological products, (no disgnostic substances) • New York
AIM ImmunoTech Inc., a Delaware corporation (the “Company”), proposes to issue and sell through Maxim Group LLC (the “Agent”), as sales agent, shares of common stock, par value $0.001 per share (“Common Stock”), of the Company (the “Shares”) having an aggregate offering price of up to $8,500,000 on terms set forth herein. The Shares consist entirely of authorized but unissued shares of Common Stock to be issued and sold by the Company.
MAY 22, 2015 COLONY CAPITAL, INC. AS COMPANY, COLONY CAPITAL OPERATING COMPANY, LLC, AS OPERATING PARTNERSHIP AND MORGAN STANLEY & CO. LLC AS AGENT EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • May 22nd, 2015 • Colony Capital, Inc. • Real estate investment trusts • New York
COLONY CAPITAL, INC., a corporation organized under the laws of Maryland (the “Company”), and COLONY CAPITAL OPERATING COMPANY, LLC, a limited liability company formed under the laws of the state of Delaware (the “Operating Partnership”), each confirms its agreement (this “Agreement”) with Morgan Stanley & Co. LLC (the “Agent”) as follows:
EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • May 7th, 2021 • American Campus Communities Operating Partnership LP • Real estate investment trusts • New York
American Campus Communities, Inc., a Maryland corporation (the “Company”), confirms its agreement with Deutsche Bank Securities Inc., as agent and/or principal under any Terms Agreement (as defined in Section 1(a) below) (“you” or “DBS”), with respect to the issuance and sale from time to time by the Company, in the manner and subject to the terms and conditions described below (this “Agreement”), of Common Stock, $0.01 par value per share (the “Common Stock”), of the Company having an aggregate Gross Sales Price (as defined in Section 2(b) below) of up to $500,000,000 (the “Maximum Amount”) on the terms set forth in Section 1 of this Agreement. The shares of Common Stock to be issued and sold hereunder shall be referred to as the “Shares” and are described in the Prospectus referred to below.
ICOSAVAX, INC. COMMON STOCK EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • August 16th, 2022 • Icosavax, Inc. • Biological products, (no disgnostic substances) • New York
Icosavax, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Oppenheimer & Co. Inc., as follows:
Common Shares EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • June 9th, 2023 • Sandstorm Gold LTD • Gold and silver ores
Sandstorm Gold Ltd., a corporation governed by the Business Corporations Act (British Columbia) (the “Company”), confirms its agreement (this “Agreement”) with BMO Nesbitt Burns Inc. (“BMO”), Scotia Capital Inc., National Bank Financial Inc., CIBC World Markets Inc., RBC Dominion Securities Inc. and Raymond James Ltd. (the “Canadian Agents”) and BMO Capital Markets Corp., Scotia Capital (USA) Inc., National Bank of Canada Financial Inc. and H.C. Wainwright & Co., LLC (the “U.S. Agents”, and together with the Canadian Agent, the “Agents”), with respect to the issuance and sale from time to time by the Company of shares (the “Shares”) of the Company’s common shares with no par value per share (the “Common Shares”), having an aggregate offering price of up to US$150,000,000 (the “Maximum Amount”) through or to the Agents, as sales agents, on the terms and subject to the conditions set forth in this Agreement.
Healthcare Trust of America, Inc. Class A Common Stock, par value $0.01 per share EQUITY DISTRIBUTION AGREEMENT Dated: March 5, 2021Equity Distribution Agreement • March 8th, 2021 • Healthcare Trust of America Holdings, LP • Real estate investment trusts • New York
Each of Healthcare Trust of America, Inc., a Maryland corporation (the “Company”), and Healthcare Trust of America Holdings, LP, a Delaware limited partnership (the “Operating Partnership”), Bank of America, N.A. (in its capacity as purchaser under any Forward Contract (as defined below), the “Forward Purchaser”) and BofA Securities, Inc. (in its capacity as agent for the Company in connection with the offering and sale of any Issuance Shares (as defined below), the “Sales Agent,” and in its capacity as agent for the Forward Purchaser in connection with the offering and sale of any Forward Hedge Shares (as defined below) hereunder, the “Forward Seller”) hereby agrees to this Equity Distribution Agreement, dated as of March 5, 2021 (this “Agreement”), as follows:
EQUITY DISTRIBUTION AGREEMENT February 4, 2021Equity Distribution Agreement • February 4th, 2021 • Triumph Group Inc • Aircraft & parts • New York
Triumph Group, Inc., a corporation organized under the laws of Delaware (the “Company”), confirms its agreement (this “Agreement”) with Citigroup Global Markets Inc. (the “Manager”) as set forth below.
Nikola Corporation Common Stock, $0.0001 par value per share AMENDED AND RESTATED EQUITY DISTRIBUTION AGREEMENT August 4, 2023Equity Distribution Agreement • August 4th, 2023 • Nikola Corp • Motor vehicles & passenger car bodies • New York
This Confirmation sets forth the terms of the agreement of Citigroup Global Markets Inc. (the “Manager”) with Nikola Corporation (the “Company”) relating to the sale of shares of the Company’s common stock, $0.0001 par value per share, pursuant to the Equity Distribution Agreement between the Company and the Manager, dated August 30, 2022, as amended and restated on August [ ], 2023 (the “Agreement”). Unless otherwise defined below, capitalized terms defined in the Agreement shall have the same meanings when used herein.
HERCULES CAPITAL, INC. Common Stock, $0.001 par value per share EQUITY DISTRIBUTION AGREEMENT Dated May [•], 2023Equity Distribution Agreement • May 5th, 2023 • Hercules Capital, Inc. • New York
Pursuant to Section 7(n) of the Equity Distribution Agreement, dated [DATE] (the “Equity Distribution Agreement”) (terms defined therein being used herein as therein defined), by and among Hercules Capital, Inc., a Maryland corporation (the “Company”) and [Name of Sales Manager] (the “Sales Manager”), the undersigned officers of the Company each hereby certifies, in his or her capacity as President and Chief Executive Officer, and Chief Financial Officer, respectively, of, and on behalf of, the Company:
Blackstone Mortgage Trust, Inc. $500,000,000 of Class A Common Stock EQUITY DISTRIBUTION AGREEMENT Dated: November 14, 2018Equity Distribution Agreement • November 14th, 2018 • Blackstone Mortgage Trust, Inc. • Real estate investment trusts • New York
Blackstone Mortgage Trust, Inc., a Maryland corporation (the “Company”), and BXMT Advisors L.L.C., a Delaware limited liability company (the “Manager”), each, severally and not jointly, confirms its agreement (this “Agreement”) with Merrill Lynch, Pierce, Fenner & Smith Incorporated (“Merrill Lynch”), as follows:
QTS REALTY TRUST, INC. $300,000,000 Shares of Class A Common Stock (par value $0.01 per share) EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • March 20th, 2017 • QualityTech, LP • Real estate investment trusts • New York
QTS Realty Trust, Inc., a Maryland corporation (the “Company”), and QualityTech, LP, a Delaware limited partnership (the “Operating Partnership”), confirm their agreement (this “Agreement”) with [*] (the “Manager”) as follows:
SECOND AMENDED AND RESTATED EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • March 4th, 2020 • CubeSmart, L.P. • Real estate investment trusts • New York
CubeSmart, a Maryland real estate investment trust (the “Company”), and CubeSmart, L.P., a Delaware limited partnership (the “Operating Partnership” and together with the Company, the “Transaction Entities”), confirm their agreement to amend and restate the Amended and Restated Equity Distribution Agreement, dated July 27, 2018, by and among the Transaction Entities and Barclays Capital Inc. (the “Manager”) (the “AR Agreement”), as amended by Amendment No. 1 to the AR Agreement, dated July 29, 2019 (collectively, the “Prior Agreement”), on the terms and conditions described below in this Second Amended and Restated Equity Distribution Agreement (this “Agreement”) with the Manager, as follows:
Farmland Partners Inc. Common Stock, $0.01 par value per share EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • October 29th, 2021 • Farmland Partners Inc. • Real estate investment trusts • New York
Washington Real Estate Investment Trust $250,000,000 of Common Shares of Beneficial Interest EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • May 4th, 2018 • Washington Real Estate Investment Trust • Real estate investment trusts • New York
DXP ENTERPRISES, INC. Common Stock ($0.01 par value) EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • September 16th, 2013 • DXP Enterprises Inc • Wholesale-industrial machinery & equipment • New York
The undersigned, the duly qualified and elected _______________________, of DXP ENTERPRISES, INC. (“Company”), a Texas corporation, does hereby certify in such capacity and on behalf of the Company, pursuant to Section 7(n) of the Equity Distribution Agreement dated September 16, 2013 (the “Agreement”) between the Company and Liquidnet, Inc. (“Liquidnet”):
October 29, 2021 ORCHID ISLAND CAPITAL, INC., AS COMPANY, BIMINI ADVISORS, LLC, AS ITS MANAGER, AND JMP SECURITIES LLC, JONESTRADING INSTITUTIONAL SERVICES LLC, AND MUFG SECURITIES AMERICAS INC., AS AGENTS EQUITY DISTRIBUTION AGREEMENT CONTENTSEquity Distribution Agreement • October 29th, 2021 • Orchid Island Capital, Inc. • Real estate investment trusts • New York
ORCHID ISLAND CAPITAL, INC., a Maryland corporation (the “Company”), and its manager, Bimini Advisors, LLC, a Maryland limited liability company (the “Manager”), confirm their agreement (this “Agreement”) with J.P. Morgan Securities LLC, JMP Securities LLC, JonesTrading Institutional Services LLC and MUFG Securities Americas Inc. (the “Agents”) as follows:
PENNANTPARK FLOATING RATE CAPITAL LTD. (a Maryland corporation) Common Stock, Par Value $0.001 Per Share AMENDED AND RESTATED EQUITY DISTRIBUTION AGREEMENT Dated: August 11, 2023Equity Distribution Agreement • August 11th, 2023 • PennantPark Floating Rate Capital Ltd. • New York
SARATOGA INVESTMENT CORP. (a Maryland corporation) EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • August 2nd, 2021 • Saratoga Investment Corp. • New York
CTO REALTY GROWTH, INC. Shares of Common Stock (Par Value $0.01 Per Share) EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • October 31st, 2022 • CTO Realty Growth, Inc. • Real estate investment trusts • New York
CTO Realty Growth, Inc., a Maryland corporation (the “Company”), confirms its agreement (this “Agreement”) with [ ] (in its capacity as purchaser under any Forward Contract (as defined below), the “Forward Purchaser”) and [ ] (in its capacity as agent for the Company and/or principal in connection with the offering and sale of any Issuance Securities (as defined below) hereunder, the “Manager”), and in its capacity as agent for the Forward Purchaser in connection with the offering and sale of any Forward Hedge Securities (as defined below) hereunder, the “Forward Seller”), as follows:
EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • March 4th, 2015 • Kite Realty Group Trust • Real estate investment trusts • New York
Kite Realty Group Trust, a Maryland real estate investment trust (the “Company”), and Kite Realty Group, L.P., a Delaware limited partnership, the sole general partner of which is the Company (the “Operating Partnership” and together with the Company, the “Transaction Entities”), each confirms its agreement (this “Agreement”) with Raymond James & Associates, Inc. (“Raymond James”), as follows:
Washington Real Estate Investment Trust AMENDMENT TO EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • February 18th, 2021 • Washington Real Estate Investment Trust • Real estate investment trusts
Reference is hereby made to the Equity Distribution Agreement, dated May 4, 2018 (the “Equity Distribution Agreement”) between Washington Real Estate Investment Trust, a Maryland real estate investment trust (the “Company”) and Truist Securities, Inc. (f/k/a SunTrust Robinson Humphrey, Inc.) (the “Agent”), pursuant to which the Company agreed to sell from time to time through the Agent, acting as agent and/or principal, up to an aggregate of $250,000,000 of common shares of beneficial interest of the Company, par value $0.01 per share. Capitalized terms used in this Amendment to Equity Distribution Agreement (this “Amendment”) and not defined have the respective meanings set forth in the Equity Distribution Agreement. The Agent and the Company agree as follows:
NUVEEN MUNICIPAL HIGH INCOME OPPORTUNITY FUND 2 Common Shares ($0.01 par value) AMENDED AND RESTATED EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • April 5th, 2011 • Nuveen Municipal High Income Opportunity Fund 2 • New York
Nuveen Investments, LLC, a Delaware limited liability company (the “Manager”), confirms its agreement, subject to the terms and conditions stated herein, to retain Stifel, Nicolaus & Company, Incorporated (the “Agent”) as the Manager’s exclusive sub-placement agent with respect to registered at-the-market offerings of 1,900,000 shares (the “Shares”) of common shares of beneficial interest, $0.01 par value per share (the “Common Shares”), of Nuveen Municipal High Income Opportunity Fund 2, a Massachusetts business trust (the “Fund”), on the terms set forth in Section 2 of this Amended and Restated Equity Distribution Agreement (the “Agreement”). This Agreement amends and restates the Equity Distribution Agreement, dated June 29, 2010, between the Agent, the Manager and Nuveen Fund Advisors, Inc. (formerly known as Nuveen Asset Management) (the “Prior Agreement”). The Fund’s investment adviser is Nuveen Fund Advisors, Inc., a Delaware corporation, and the Fund’s investment sub-adviser is