Equity Distribution Agreement Sample Contracts

Idera Pharmaceuticals – Idera Pharmaceuticals, Inc. Common Stock EQUITY DISTRIBUTION AGREEMENT Dated: November 26, 2018 (November 26th, 2018)
Tocagen Inc – TOCAGEN INC. Common Stock ($0.001 Par Value) Equity Distribution Agreement (November 21st, 2018)
Blackstone Mortgage Trust, Inc. $500,000,000 of Class a Common Stock EQUITY DISTRIBUTION AGREEMENT Dated: November 14, 2018 (November 14th, 2018)
Blackstone Mortgage Trust, Inc. $500,000,000 of Class a Common Stock EQUITY DISTRIBUTION AGREEMENT Dated: November 14, 2018 (November 14th, 2018)
Blackstone Mortgage Trust, Inc. $500,000,000 of Class a Common Stock EQUITY DISTRIBUTION AGREEMENT Dated: November 14, 2018 (November 14th, 2018)
Blackstone Mortgage Trust, Inc. $500,000,000 of Class a Common Stock EQUITY DISTRIBUTION AGREEMENT Dated: November 14, 2018 (November 14th, 2018)
Blackstone Mortgage Trust, Inc. $500,000,000 of Class a Common Stock EQUITY DISTRIBUTION AGREEMENT Dated: November 14, 2018 (November 14th, 2018)
Form of Regency Centers Corporation Amendment No. 1 to the Equity Distribution Agreement (November 14th, 2018)
Blackstone Mortgage Trust, Inc. $500,000,000 of Class a Common Stock EQUITY DISTRIBUTION AGREEMENT Dated: November 14, 2018 (November 14th, 2018)
Trading Day: Any Scheduled Trading Day for the Exchange Other Than a Day on Which the Exchange Is Scheduled to Close Prior to Its Scheduled Closing Time. Forward Hedge Selling Period: For Each Transaction, as Specified in the Supplemental Confirmation for Such Transaction, to Be the Period of One (1) to Twenty (20) Consecutive Trading Days Following the Date of Such Supplemental Confirmation; Provided That, if Prior to the Scheduled End of Any Forward Hedge Selling Period (X) Any Event Occurs That Would Permit the Dealer to Designate a Scheduled Trading Day as an Early Valuation Date Under and (November 1st, 2018)
City Office REIT, Inc. – City Office Reit, Inc. Amendment No. 1 to Equity Distribution Agreement (November 1st, 2018)
Ashford Hospitality Prime, Inc. – Braemar Hotels & Resorts Inc. Form of Amendment No. 1 to Equity Distribution Agreement (October 31st, 2018)

Reference is made to the Equity Distribution Agreement, dated December 11, 2017 (the Agreement), among Braemar Hotels & Resorts Inc. (f/k/a Ashford Hospitality Prime, Inc.), a Maryland corporation (the Company), Braemar Hospitality Limited Partnership (f/k/a Ashford Hospitality Prime Limited Partnership), a Delaware limited partnership (the Operating Partnership), Ashford Hospitality Advisors LLC, a Delaware limited liability company (the Advisor) and [ ] (the Agent), pursuant to which the Company agreed to sell through the Agent, acting as agent and/or principal, shares of the Companys common stock, par value $0.01 per share. All capitalized terms used in this Amendment No. 1 to the Agreement (this Amendment) and not otherwise defined herein shall have the respective meanings assigned to such terms in the Agreement. The Company, the Operating Partnership, the Advisor and the Agent agree as follows:

Manufactured Home Communities – EQUITY LIFESTYLE PROPERTIES, INC. Shares of Common Stock (Par Value $.01 Per Share) EQUITY DISTRIBUTION AGREEMENT (October 26th, 2018)
Nemaura Medical Inc. – NEMAURA MEDICAL INC. Up to US$20,000,000 of Common Stock EQUITY DISTRIBUTION AGREEMENT (October 19th, 2018)

Nemaura Medical Inc., a Nevada corporation (the "Company"), proposes to issue and sell through Maxim Group LLC (the "Agent"), as sales agent, common stock of the Company, par value $0.001 per share (the "Common Stock"), having an aggregate offering price of up to US$20,000,000 of Common Stock (the Common Stock subject to this Equity Distribution Agreement (this "Agreement") being referred to herein as the "Shares") on terms set forth herein. The Shares consist entirely of authorized but unissued Common Stock to be issued and sold by the Company.

Global Net Lease, Inc. – Global Net Lease, Inc. Amendment No. 2 to Equity Distribution Agreement (October 4th, 2018)
New York Mortgage Trust – New York Mortgage Trust, Inc. AMENDMENT NO. 1 TO EQUITY DISTRIBUTION AGREEMENT (September 10th, 2018)

Reference is made to the Equity Distribution Agreement, dated August 10, 2017 (the Equity Distribution Agreement), between New York Mortgage Trust, Inc., a Maryland corporation (the Company), and Credit Suisse Securities (USA) LLC (the Placement Agent), pursuant to which the Company agreed to sell through the Placement Agent, acting as agent and/or principal, shares of the Companys common stock, par value $0.01 per share, having a maximum aggregate sales price of up to $100,000,000. All capitalized terms used in this Amendment No. 1 to the Equity Distribution Agreement between the Company and the Placement Agent (this Amendment) and not otherwise defined herein shall have the respective meanings assigned to them in the Equity Distribution Agreement. The Company and the Placement Agent agree as follows:

Omega Healthcare Investors, Inc. – Omega Healthcare Investors, Inc. Amendment No. 1 to Equity Distribution Agreement (September 7th, 2018)

Reference is made to the Equity Distribution Agreement, dated September 3, 2015 (the "Agreement") between [Manager Name] (the "Manager") and Omega Healthcare Investors, Inc., a Maryland corporation (the "Company"), pursuant to which the Company agreed to sell through the Manager (or any Alternative Manager (as defined in the Agreement)), as sales agent and/or principal, shares of the Company's common stock, par value $0.10 per share, having an aggregate gross sales price of up to $500,000,000. All capitalized terms used in this Amendment No. 1 to the Agreement (this "Amendment") and not otherwise defined herein shall have the respective meanings assigned to such terms in the Agreement. The Company and the Manager agree as follows:

XCEL ENERGY INC. (A Minnesota Corporation) COMMON STOCK (PAR VALUE $2.50 PER SHARE) EQUITY DISTRIBUTION AGREEMENT (September 5th, 2018)
Helios & Matheson North America Inc. – HELIOS AND MATHESON ANALYTICS INC. Equity Distribution AGREEMENT (August 14th, 2018)
Amendment No. 1 to Equity Distribution Agreement (August 10th, 2018)

Arlington Asset Investment Corp., a Virginia corporation (the Company), and JonesTrading Institutional Services LLC (the Placement Agent) are parties to that certain Equity Distribution Agreement dated as of February 22, 2017 (the Original Agreement). All capitalized terms not defined herein shall have the meanings ascribed to them in the Original Agreement. The parties hereto, intending to be legally bound, hereby agree as follows:

Amendment No. 1 to Equity Distribution Agreement (August 10th, 2018)
Amendment No. 1 to Equity Distribution Agreement (August 10th, 2018)
Amendment No. 1 to Equity Distribution Agreement (August 10th, 2018)
Synalloy Corporation – SYNALLOY CORPORATION Up to $10,000,000 of Common Stock EQUITY DISTRIBUTION AGREEMENT (August 10th, 2018)
WELLTOWER INC. Shares of Common Stock (Par Value $1.00 Per Share) AMENDED AND RESTATED EQUITY DISTRIBUTION AGREEMENT (August 3rd, 2018)
The Purpose of This Communication (This Master Confirmation) Is to Set Forth the Terms and Conditions of the Transactions to Be Entered Into From Time to Time Between [Dealer] (Dealer) and Welltower Inc. (Counterparty) in Accordance With the Terms of the Amended and Restated Equity Distribution Agreement, Dated as of August 3, 2018, Between Dealer and Counterparty on One or More Trade Dates Specified Herein (Collectively, the Transactions and Each, a Transaction). This Communication Constitutes a Confirmation as Referred to in the Agreement Specified Below. Each Transaction Will Be Evidenced b (August 3rd, 2018)
CMS ENERGY CORPORATION Shares of Common Stock EQUITY DISTRIBUTION AGREEMENT Dated: August 1, 2018 (August 1st, 2018)
Cocrystal Pharma, Inc. – COCRYSTAL PHARMA, INC. Up to $10,000,000 of Shares of Common Stock EQUITY DISTRIBUTION AGREEMENT Dated: July 19, 2018 (July 20th, 2018)

EXHIBITS Exhibit A - Form of Proposed Placement Notice Exhibit B - Authorized Individuals for Placement Notices and Acceptances Exhibit C - Compensation Exhibit D - Issuer Free Writing Prospectus Exhibit E - Form of Opinion of Counsel to the Company Exhibit F - Form of Company Officers' Certificate Exhibit G - Information Provided by Sales Agents and QIU

JBG SMITH Properties – JBG SMITH Properties Common Shares ($0.01 Par Value) EQUITY DISTRIBUTION AGREEMENT (July 2nd, 2018)
Ellington Financial LLC – Equity Distribution Agreement (June 29th, 2018)

Ellington Financial LLC, a Delaware limited liability company (the "Company"), confirms its agreement (this "Agreement") with [*] (the "Placement Agent") as follows:

Form of Equity Distribution Agreement Life Storage, Inc. EQUITY DISTRIBUTION AGREEMENT (June 14th, 2018)
REXFORD INDUSTRIAL REALTY, INC. (A Maryland Corporation) $400,000,000 of Common Stock EQUITY DISTRIBUTION AGREEMENT (June 13th, 2018)

Rexford Industrial Realty, Inc., a Maryland corporation (the Company) and Rexford Industrial Realty, L.P., a Maryland limited partnership (the Operating Partnership), confirm their agreement (this Agreement) with Merrill Lynch, Pierce, Fenner & Smith Incorporated (the Sales Agent), as follows:

REXFORD INDUSTRIAL REALTY, INC. (A Maryland Corporation) $400,000,000 of Common Stock EQUITY DISTRIBUTION AGREEMENT (June 13th, 2018)
REXFORD INDUSTRIAL REALTY, INC. (A Maryland Corporation) $400,000,000 of Common Stock EQUITY DISTRIBUTION AGREEMENT (June 13th, 2018)
REXFORD INDUSTRIAL REALTY, INC. (A Maryland Corporation) $400,000,000 of Common Stock EQUITY DISTRIBUTION AGREEMENT (June 13th, 2018)