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
ICECURE MEDICAL LTD. Up to US$9,700,000 of Ordinary Shares EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • January 12th, 2024 • IceCure Medical Ltd. • Surgical & medical instruments & apparatus • New York
This Equity Distribution Agreement (this “Agreement”) is entered into between IceCure Medical Ltd., a company formed under the laws of the State of Israel (the “Company”) and Maxim Group LLC (the “Agent”), as sales agent, with respect to the proposed issue and sale by the Company, through the Agent, of ordinary shares of the Company, no par value per share (the “Ordinary Shares”), having an aggregate offering price of up to US$9,700,000 (the Ordinary Shares subject to this Agreement being referred to herein as the “Shares”) on terms set forth herein. The Shares consist entirely of authorized but unissued Ordinary Shares to be issued and sold by the Company.
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
ELLINGTON RESIDENTIAL MORTGAGE REIT COMMON SHARES OF BENEFICIAL INTEREST EQUITY DISTRIBUTION AGREEMENT DATED: November 14, 2023Equity Distribution Agreement • November 15th, 2023 • Ellington Residential Mortgage REIT • Real estate investment trusts • New York
EX-10.70 4 dex1070.htm STANDBY EQUITY DISTRIBUTION AGREEMENT STANDBY EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • May 5th, 2020 • New Jersey
THIS AGREEMENT dated as of the 11th day of March 2005 (the “Agreement”) between CORNELL CAPITAL PARTNERS, LP, a Delaware limited partnership (the “Investor”), and LITHIUM TECHNOLOGY CORPORATION, a corporation organized and existing under the laws of the State of Delaware (the “Company”).
PALATIN TECHNOLOGIES, INC. EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • April 12th, 2023 • Palatin Technologies Inc • Pharmaceutical preparations • New York
Palatin Technologies, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Canaccord Genuity LLC (“Canaccord”), as of the date first written above, as follows:
Up to $800,000,000 of Shares of Common Stock EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • April 15th, 2024 • Extra Space Storage LP • Real estate investment trusts • New York
Extra Space Storage Inc., a Maryland corporation (the “Company”), and Extra Space Storage LP, a Delaware limited partnership (the “Operating Partnership”), each confirms its agreement (this “Agreement”) with BMO Capital Markets Corp., BofA Securities, Inc., Citigroup Global Markets Inc., Jefferies LLC, J.P. Morgan Securities LLC, Regions Securities LLC, TD Securities (USA) LLC, Truist Securities, Inc. and Wells Fargo Securities, LLC, as sales agents, principals and/or forward sellers (in any such capacity, each a “Sales Agent” and collectively, the “Sales Agents”) and Bank of Montreal, Bank of America, N.A., Citibank, N.A., Jefferies LLC, JPMorgan Chase Bank, National Association, Regions Securities LLC, The Toronto-Dominion Bank, Truist Bank and Wells Fargo Bank, National Association, or one of their respective affiliates, as forward purchasers (in such capacity, each a “Forward Purchaser” and collectively the “Forward Purchasers”). For purposes of clarity, it is understood and agreed
BLACKSTONE SECURED LENDING FUND (a Delaware statutory trust) Up to $500,000,000 Common Shares of Beneficial Interest EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • March 28th, 2024 • Blackstone Secured Lending Fund • New York
Blackstone Secured Lending Fund, a Delaware statutory trust (the “Company”), Blackstone Credit BDC Advisors LLC, a Delaware limited liability company registered as an investment adviser (the “Adviser”) and Blackstone Alternative Credit Advisors LP, a Delaware limited partnership (the “Administrator”) confirm their agreement (this “Agreement”) with [ ] (the “Manager”), as follows:
Terreno Realty Corporation $500,000,000 of Common Stock EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • September 6th, 2023 • Terreno Realty Corp • Real estate • New York
Terreno Realty Corporation, a Maryland corporation (the “Company”), confirms its agreement (this “Agreement”) with [•] (the “Agent”), 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.
FIRST MAJESTIC SILVER CORP. Common Shares EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • February 23rd, 2024 • First Majestic Silver Corp • Gold and silver ores • New York
First Majestic Silver Corp., a British Columbia corporation (the “Company”), confirms its agreement (this “Agreement”) with BMO Capital Markets Corp., a Delaware corporation (“BMOCM”) and TD Securities (USA) LLC, a Delaware limited liability company (“TD”, and together with BMOCM, 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, 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 or principals, on the terms and subject to the conditions set forth in this Agreement.
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
NEXALIN TECHNOLOGY, INC. Up to [●] Shares of Common Stock EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • April 16th, 2024 • Nexalin Technology, Inc. • Electromedical & electrotherapeutic apparatus • New York
Nexalin Technology, Inc., a Delaware corporation (the “Company”), proposes to issue and sell through Maxim Group LLC (the “Agent”), as exclusive sales agent, shares of common stock, par value $[●] per share (“Common Stock”), of the Company (the “Shares”) having an aggregate offering price of up to $[●] 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.
EX-10.1 4 f8k063016ex10i_micronetener.htm STANDBY EQUITY DISTRIBUTION AGREEMENT, DATED AS OF JUNE 30, 2016, BETWEEN MICRONET ENERTEC TECHNOLOGIES, INC. AND YA II PN, LTD. STANDBY EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • May 5th, 2020 • New York
THIS STANDBY EQUITY DISTRIBUTION AGREEMENT dated as of June 30, 2016 (this “Agreement”) is made by and between YA II PN, LTD., a Cayman Islands exempt limited partnership (the “Investor”), and MICRONET ENERTEC TECHNOLOGIES, INC., a company organized under the laws of the State of Delaware (the “Company”).
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:
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:
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:
Cohen & CoMPANY inc. EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • October 5th, 2023 • Cohen & Co Inc. • Security brokers, dealers & flotation companies • New York
This Confirmation sets forth the terms of the agreement of Northland Capital Markets (the “Manager”) with Cohen & Company Inc. (the “Company”) relating to the sale of shares of the Company’s common stock, par value $0.01 per share, having an aggregate offering price of up to $75,000,000, pursuant to the Equity Distribution Agreement between the Company and the Manager, dated October 5, 2023 (the “Agreement”). Unless otherwise defined below, capitalized terms defined in the Agreement shall have the same meanings when used herein.
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.
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:
march 7, 2023 ORCHID ISLAND CAPITAL, INC., AS COMPANY, BIMINI ADVISORS, LLC, AS ITS MANAGER, AND JMP SECURITIES LLC, AND JONESTRADING INSTITUTIONAL SERVICES LLC, AS AGENTS EQUITY DISTRIBUTION AGREEMENT CONTENTSEquity Distribution Agreement • March 7th, 2023 • 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 and JonesTrading Institutional Services LLC (the “Agents”) 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”):
ALPINE INCOME PROPERTY TRUST, INC. Shares of Common Stock (Par Value $0.01 Per Share) EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • October 20th, 2023 • Alpine Income Property Trust, Inc. • Real estate investment trusts • New York
Alpine Income Property Trust, Inc., a Maryland corporation (the “Company”), Alpine Income Property Manager, LLC, a Delaware limited liability company (the “Adviser”), and Alpine Income Property OP, LP, a Delaware limited partnership and the Company’s operating partnership (the “Operating Partnership”), each 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:
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
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
