B&G FOODS, INC. Common Stock ($0.01 par value per share) ATM EQUITY OFFERINGSM SALES AGREEMENTEquity Offeringsm Sales Agreement • May 9th, 2023 • B&G Foods, Inc. • Food and kindred products • New York
ATM EQUITY OFFERINGSM SALES AGREEMENTEquity Offeringsm Sales Agreement • February 26th, 2018 • Armada Hoffler Properties, Inc. • Real estate • New York
REGENXBIO INC. Common Stock (par value $0.0001 per share) ATM EQUITY OFFERINGSM SALES AGREEMENTEquity Offeringsm Sales Agreement • September 1st, 2023 • REGENXBIO Inc. • Biological products, (no disgnostic substances) • New York
REGENXBIO Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell from time to time to or through BofA Securities, Inc., as sales agent and/or principal (the “Agent”), shares (the “Shares”) of the Company’s common stock, par value $0.0001 per share (the “Common Stock”), having an aggregate gross sales price not to exceed $150,000,000, on the terms set forth in this ATM Equity OfferingSM Sales Agreement. The Company agrees that whenever it determines to sell Shares directly to the Agent as principal it will enter into a separate written Terms Agreement (each, a “Terms Agreement”), in substantially the form of Annex I hereto, relating to such sale in accordance with Section 2(k) hereof. References herein to “this Agreement” or to matters contained “herein” or “hereunder”, or words of similar import, mean this ATM Equity OfferingSM Sales Agreement and any applicable Terms Agreement.
Starwood Property Trust, Inc. Common Stock ($0.01 par value) AMENDED AND RESTATED ATM EQUITY OFFERINGSM SALES AGREEMENTEquity Offeringsm Sales Agreement • May 27th, 2014 • Starwood Property Trust, Inc. • Real estate investment trusts • New York
Starwood Property Trust, Inc., a corporation organized under the laws of Maryland (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell from time to time to or through Merrill Lynch, Pierce, Fenner & Smith Incorporated, as sales agent and principal (the “Agent”), shares (the “Shares”) of the Company’s common stock, $0.01 par value (the “Common Stock”), having an aggregate gross sales price of up to $500,000,000 on the terms set forth in Section 3 of this Amended and Restated ATM Equity OfferingSM Sales Agreement (the “Agreement”), which amends and restates the ATM Equity OfferingSM Sales Agreement, dated as of June 22, 2012, by and among the Company, SPT Management, LLC, a Delaware limited liability company (the “Manager”), and the Agent. The Company agrees that whenever it determines to sell Shares directly to the Agent as principal, it will enter into a separate agreement (a “Terms Agreement”) in substantially the form of Annex I hereto, rela
Tattooed Chef, Inc. Common Stock ($0.0001 par value) ATM EQUITY OFFERINGSM SALES AGREEMENTEquity Offeringsm Sales Agreement • June 16th, 2021 • Tattooed Chef, Inc. • Miscellaneous food preparations & kindred products • New York
The stockholder of Tattooed Chef, Inc., a Delaware corporation (the “Company”) that is a signatory hereto (the “Selling Stockholder”) proposes, subject to the terms and conditions stated herein, to sell from time to time to or through BofA Securities, Inc., as sales agent and/or principal (the “Agent”), up to 2,000,000 shares (the “Shares”) of the Company’s common stock, $0.0001 par value (the “Common Stock”), on the terms set forth in this ATM Equity OfferingSM Sales Agreement. The Company and the Selling Stockholder agree that whenever the Selling Stockholder determines to sell Shares directly to the Agent as principal it will enter into a separate written Terms Agreement (each, a “Terms Agreement”), in substantially the form of Annex I hereto, relating to such sale in accordance with Section 2(j) hereof. References herein to “this Agreement” or to matters contained “herein” or “hereunder”, or words of similar import, mean this ATM Equity Offering SM Sales Agreement and any applicabl
ATM EQUITY OFFERINGSM SALES AGREEMENTEquity Offeringsm Sales Agreement • May 9th, 2023 • Janux Therapeutics, Inc. • Pharmaceutical preparations • New York
Janux Therapeutics, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell from time to time through BofA Securities, Inc., as sales agent and/or principal (the “Agent”), shares of the Company’s common stock, par value $0.001 per share (the “Common Shares”), having an aggregate offering price of up to $150,000,000, on the terms set forth in this agreement (this “Agreement”). Unless the context otherwise requires, all references to the Company include the Company and each of its subsidiaries (whether presently existing or hereinafter established). The Company agrees that whenever it determines to sell Shares (as defined below) directly to the Agent as principal it will enter into a separate written Terms Agreement (each, a “Terms Agreement”), in substantially the form of Annex I hereto, relating to such sale in accordance with Section 3(b)(vii) hereof. References herein to “this Agreement” or to matters contained “her
Home Properties, Inc. Common Stock ($0.01 par value) ATM EQUITY OFFERINGSM SALES AGREEMENTEquity Offeringsm Sales Agreement • May 14th, 2012 • Home Properties Inc • Real estate investment trusts • New York
Home Properties, Inc., a Maryland corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell from time to time to or through Merrill Lynch, Pierce, Fenner & Smith Incorporated (“Merrill Lynch”), Jefferies & Company, Inc. (“Jefferies”), J.P. Morgan Securities LLC (“J.P. Morgan”), or RBS Securities Inc. (“RBS”), each acting as sales agent and/or principal (each an “Agent”, and together the “Agents”), up to 4,400,000 shares (the “Shares”) of the Company’s common stock, $0.01 par value (the “Common Stock”), on the terms and subject to the conditions set forth in this ATM Equity OfferingSM Sales Agreement (the “Agreement”). The Company agrees that whenever it determines to sell Shares directly to any Agent as principal, it will enter into a separate agreement (each, a “Terms Agreement”) in substantially the form of Annex I hereto, relating to such sale in accordance with Section 3 of this Agreement.
WILMINGTON TRUST CORPORATION Common Stock ($1.00 par value) ATM EQUITY OFFERINGSM SALES AGREEMENTEquity Offeringsm Sales Agreement • September 22nd, 2008 • Wilmington Trust Corp • State commercial banks • New York
Wilmington Trust Corporation, a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell from time to time through Merrill Lynch, Pierce, Fenner & Smith Incorporated, as sales agent (the “Agent”), shares (the “Shares”) of the Company’s common stock, $1.00 par value (the “Common Stock”), having an aggregate offering price of up to $150,000,000 on the terms set forth in Section 2 of this ATM Equity OfferingSM Sales Agreement (the “Agreement”).
Ship Finance International Limited Common Stock ($1.00 par value) AMENDMENT NO. 1 TO ATM EQUITY OFFERINGSM SALES AGREEMENTEquity Offeringsm Sales Agreement • May 6th, 2009 • SFL Golden Straits Ltd. • Deep sea foreign transportation of freight • New York
This Amendment No. 1 to the ATM Equity OfferingSM Sales Agreement (this “Amendment”) is made and entered into as of May 5, 2009 by Ship Finance International Limited, a Bermuda corporation (the “Company”), and Merrill Lynch, Pierce, Fenner & Smith Incorporated (the “Agent”).
Kansas City Southern Common Stock ($.01 par value) ATM EQUITY OFFERINGSM SALES AGREEMENTEquity Offeringsm Sales Agreement • May 1st, 2009 • Kansas City Southern • Railroads, line-haul operating • New York
ContractEquity Offeringsm Sales Agreement • June 23rd, 2011 • Retail Opportunity Investments Corp • Real estate investment trusts • New York
Hannon Armstrong Sustainable Infrastructure Capital, Inc. Common Stock ($0.01 par value) ATM EQUITY OFFERINGSM SALES AGREEMENTEquity Offeringsm Sales Agreement • May 10th, 2016 • Hannon Armstrong Sustainable Infrastructure Capital, Inc. • Real estate investment trusts • New York
Hannon Armstrong Sustainable Infrastructure Capital, Inc., a Maryland corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell from time to time to or through Merrill Lynch, Pierce, Fenner & Smith Incorporated, as sales agent and/or principal (the “Agent”), shares (the “Shares”) of the Company’s common stock, $0.01 par value (the “Common Stock”), having an aggregate gross sales price not to exceed $75,000,000, on the terms set forth in this ATM Equity OfferingSM Sales Agreement. The Company agrees that whenever it determines to sell Shares directly to the Agent as principal it will enter into a separate written Terms Agreement with the Agent (each, a “Terms Agreement”), in substantially the form of Annex I hereto, relating to such sale in accordance with Section 2(k) hereof. The Company is entering into a separate but parallel ATM equity offering sales agreement (the “Alternative Agreement” and, collectively with this Agreement, the “S
ATM EQUITY OFFERINGSM SALES AGREEMENTEquity Offeringsm Sales Agreement • April 7th, 2017 • Colony Starwood Homes • Real estate investment trusts • New York
Colony Starwood Homes, a Maryland real estate investment trust (including its predecessor, as the context requires, the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell from time to time to or through Merrill Lynch, Pierce, Fenner & Smith Incorporated (“Merrill Lynch”) or Citigroup Global Markets Inc., Credit Suisse Securities (USA) LLC, Deutsche Bank Securities Inc., Goldman, Sachs & Co., J.P. Morgan Securities LLC, Morgan Stanley & Co. LLC and Wells Fargo Securities, LLC, as sales agent and/or principal (each, an “Agent,” and collectively, the “Agents”), shares (the “Shares”) of the Company’s common shares of beneficial interest, $0.01 par value per share (the “Common Shares”), having an aggregate gross sales price not to exceed $300,000,000, on the terms set forth in this ATM Equity OfferingSM Sales Agreement. The Company agrees that whenever it determines to sell Shares directly to an Agent as principal it will enter into a separate written
ATM EQUITY OFFERINGSM SALES AGREEMENTEquity Offeringsm Sales Agreement • June 23rd, 2008 • Raser Technologies Inc • Motors & generators • New York
Raser Technologies, Inc., a Delaware corporation (the “Company”), confirms its agreement with Merrill Lynch & Co., Merrill Lynch, Pierce, Fenner & Smith Incorporated, (the “Agent”), as follows: Section 1. Description of Securities. The Company proposes to issue and sell from time to time through the Agent, as sales agent, shares (the “Shares”) of the Company’s common stock, par value $.01 per share (the “Common Stock”), on the terms set forth in Section 3 of this ATM Equity OfferingSM Sales Agreement (this
Universal Health Realty Income Trust Common Shares of Beneficial Interest ($.01 par value) ATM EQUITY OFFERINGSM SALES AGREEMENTEquity Offeringsm Sales Agreement • November 8th, 2013 • Universal Health Realty Income Trust • Real estate investment trusts • New York
Universal Health Realty Income Trust, a Maryland real estate investment trust (the “Trust”), proposes, subject to the terms and conditions stated herein, to issue and sell from time to time to or through Merrill Lynch, Pierce, Fenner & Smith Incorporated, as sales agent and/or principal (the “Agent”), shares (the “Shares”) of the Trust’s common shares of beneficial interest, $.01 par value (the “Common Shares”), having an aggregate gross sales price of up to $50 million on the terms set forth in Section 3 of this ATM Equity OfferingSM Sales Agreement (the “Agreement”). The Trust agrees that whenever it determines to sell Shares directly to the Agent as principal, it will enter into a separate agreement (each, a “Terms Agreement”) in substantially the form of Annex I hereto, relating to such sale in accordance with Section 4 of this Agreement.
Safehold Inc. Common Stock ($0.01 par value per share) ATM EQUITY OFFERINGSM SALES AGREEMENTEquity Offeringsm Sales Agreement • February 18th, 2021 • Safehold Inc. • Lessors of real property, nec • New York
Safehold Inc., a Maryland corporation (including its predecessor before giving effect to the formation transactions that were consummated prior to or concurrently with the completion of its initial public offering, the “Company”), Safehold Operating Partnership LP, a Delaware limited partnership (the “Operating Partnership,” and together with the Company, the “Transaction Entities”), and SFTY Manager LLC, a Delaware limited liability company (the “Manager”), confirm their respective agreements with BofA Securities, Inc. (“BofAS”), Barclays Capital Inc. (“Barclays”), Berenberg Capital Markets LLC (“Berenberg”), Capital One Securities, Inc. (“Capital One”), Citigroup Global Markets Inc. (“Citigroup”), Goldman Sachs & Co. LLC (“Goldman Sachs”), J.P. Morgan Securities LLC (“JPMorgan”), Mizuho Securities USA LLC (“Mizuho”), Morgan Stanley & Co. LLC (“Morgan Stanley”), Raymond James & Associates, Inc. (“Raymond James”), SMBC Nikko Securities America, Inc. (“SMBC Nikko”) and Truist Securities
Akoustis Technologies, Inc. Common Stock ($0.001 par value) AMENDMENT NO. 1 TO ATM EQUITY OFFERINGSM SALES AGREEMENTEquity Offeringsm Sales Agreement • February 22nd, 2021 • Akoustis Technologies, Inc. • Telephone & telegraph apparatus • New York
Reference is made to the ATM Equity OfferingSM Sales Agreement, dated May 8, 2020, including the Exhibits and Annex thereto (the “Sales Agreement”), by and among Akoustis Technologies, Inc., a Delaware corporation (the “Company”), BofA Securities, Inc. (“BofA”), as sales agent and/or principal, and Piper Sandler & Co. (“Piper Sandler”), as sales agent and/or principal (each, an “Agent” and together, the “Agents”), pursuant to which the Company may issue and sell from time to time to or through the Agents shares (the “Shares”) of the Company’s common stock, $0.001 par value (the “Common Stock”), having an aggregate gross sales price not to exceed $50,000,000, on the terms set forth in the Sales Agreement.
ATM EQUITY OFFERINGSM SALES AGREEMENT AMR CORPORATION COMMON STOCK, $1.00 PAR VALUE PER SHARE DATED AUGUST 22, 2008 MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATEDEquity Offeringsm Sales Agreement • August 22nd, 2008 • Amr Corp • Air transportation, scheduled • New York
AMR Corporation, a Delaware corporation (the “Company”), confirms its agreement with Merrill Lynch, Pierce, Fenner & Smith Incorporated (the “Agent”), as follows:
UDR, INC. Common Stock ($0.01 par value) ATM EQUITY OFFERINGSM SALES AGREEMENTEquity Offeringsm Sales Agreement • March 31st, 2011 • UDR, Inc. • Real estate investment trusts • New York
Lithia Motors, Inc. Class A Common Stock (no par value) ATM EQUITY OFFERINGSM SALES AGREEMENTEquity Offeringsm Sales Agreement • July 24th, 2020 • Lithia Motors Inc • Retail-auto dealers & gasoline stations • New York
Lithia Motors, Inc., an Oregon corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to (i) issue and sell from time to time through or to BofA Securities, Inc. and Jefferies LLC, as sales agents and/or principals (each an “Agent,” and collectively, the “Agents”), shares (the “Primary Shares”) of the Company’s Class A common stock, no par value per share (the “Common Stock”), and (ii) instruct from time to time any Agent, as forward seller for the respective Forward Purchaser (as defined below) (in such capacity, each a “Forward Seller,” and collectively, the “Forward Sellers”), to offer and sell borrowed shares (the “Forward Hedge Shares,” and together with the Primary Shares, the “Shares”) of Common Stock, together having an aggregate gross sales price not to exceed $400,000,000, on the terms set forth in this ATM Equity OfferingSM Sales Agreement (this “Agreement”). For purposes of clarity, it is understood and agreed by the parties hereto that, i
ATM EQUITY OFFERINGSM SALES AGREEMENTEquity Offeringsm Sales Agreement • August 4th, 2006 • Annaly Capital Management Inc • Real estate investment trusts • New York
CAPLEASE, INC. Common Stock ($0.01 par value) ATM EQUITY OFFERINGSM SALES AGREEMENTEquity Offeringsm Sales Agreement • December 8th, 2010 • CapLease, Inc. • Real estate investment trusts • New York
CapLease, Inc., a Maryland corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell from time to time to or through Merrill Lynch, Pierce, Fenner & Smith Incorporated, as sales agent and/or principal (the “Agent”), up to 9,000,000 shares (the “Shares”) of the Company’s common stock, $0.01 par value (the “Common Stock”), on the terms set forth in Section 2 of this ATM Equity OfferingSM Sales Agreement (the “Agreement”). The Company agrees that whenever it determines to sell Shares directly to the Agent as principal, it will enter into a separate agreement (each, a “Terms Agreement”) in substantially the form of Annex I hereto, relating to such sale in accordance with Section 3 of this Agreement.
TORTOISE ENERGY INFRASTRUCTURE CORPORATION Common Stock ($0.001 par value) ATM EQUITY OFFERINGSM SALES AGREEMENTEquity Offeringsm Sales Agreement • July 21st, 2009 • Tortoise Energy Infrastructure Corp • New York
Tortoise Energy Infrastructure Corporation, a Maryland corporation (the “Fund”), and the Fund’s investment adviser, Tortoise Capital Advisors, LLC, a Delaware limited liability company (the “Adviser”), each confirm their agreement, subject to the terms and conditions stated herein, to issue and sell from time to time to or through Stifel, Nicolaus & Company, Incorporated, as sales agent and/or principal (the “Agent”), shares (the “Shares”) of the Fund’s common stock, $0.001 par value per share (the “Common Stock”), having an aggregate gross sales price of up to $40,000,000 (the “Maximum Amount”) on the terms set forth in Section 2 of this ATM Equity OfferingSM Sales Agreement (the “Agreement”). The Fund and the Adviser agree that whenever the Fund determines to sell Shares directly to the Agent as principal, the Fund and the Adviser will enter into a separate agreement (each, a “Terms Agreement”) in substantially the form of Annex I hereto, relating to such sale in accordance with Sect
Tanger Inc. Common Shares ($0.01 par value) ATM EQUITY OFFERINGSM SALES AGREEMENTEquity Offeringsm Sales Agreement • December 6th, 2023 • Tanger Properties LTD Partnership /Nc/ • Real estate investment trusts • New York
Tanger Inc., a North Carolina corporation (the “Company”), and Tanger Properties Limited Partnership, a North Carolina limited partnership (the “Operating Partnership”), confirm their agreement with each of BofA Securities, Inc., Wells Fargo Securities, LLC, BTIG, LLC, Nomura Securities International, Inc., Regions Securities LLC, Scotia Capital (USA) Inc., TD Securities (USA) LLC and Truist Securities, Inc., each as sales agent and/or principal (except in the case of Nomura Securities International, Inc.) and/or, in certain cases, forward seller (except in the case of BTIG, LLC) (in any such capacity, each, an “Agent”, and collectively, the “Agents”), and each of Bank of America, N.A., Wells Fargo Bank, National Association, Nomura Global Financial Products, Inc., Regions Securities LLC, The Bank of Nova Scotia, The Toronto-Dominion Bank and Truist Bank, each as forward purchaser (in such capacity, each a “Forward Purchaser”, and collectively, the “Forward Purchasers”). For purposes o
DIAMONDBACK ENERGY, INC. Common Stock ($0.01 par value) ATM EQUITY OFFERINGSM SALES AGREEMENTEquity Offeringsm Sales Agreement • December 12th, 2018 • Diamondback Energy, Inc. • Crude petroleum & natural gas • New York
Certain stockholders named in Schedule A hereto (each, a “Selling Stockholder” and, collectively, the “Selling Stockholders”) of Diamondback Energy, Inc., a Delaware corporation (the “Company”), propose, subject to the terms and conditions stated herein, to sell from time to time to or through Merrill Lynch, Pierce, Fenner & Smith Incorporated, as sales agent and/or principal (the “Agent”), up to the number of shares (the “Shares”) of the Company’s common stock, $0.01 par value (the “Common Stock”), set forth opposite the name of such Selling Stockholder in Schedule A hereto, on the terms set forth in this ATM Equity OfferingSM Sales Agreement. Each of the Selling Stockholders agrees that whenever it determines to sell Shares directly to the Agent as principal it will enter into a separate written Terms Agreement (each, a “Terms Agreement”), in substantially the form of Annex I hereto, relating to such sale in accordance with Section 2(j) hereof. References herein to “this Agreement” o
SL GREEN REALTY CORP. Common Stock ($0.01 par value) ATM EQUITY OFFERINGSM SALES AGREEMENTEquity Offeringsm Sales Agreement • February 16th, 2011 • Sl Green Realty Corp • Real estate investment trusts • New York
SL Green Realty Corp., a Maryland corporation (the “Company”), which qualifies for federal income tax purposes as a real estate investment trust pursuant to Sections 856 through 860 of the Internal Revenue Code of 1986, as amended, including the regulations and published interpretations thereunder (the “Code”), proposes, subject to the terms and conditions stated herein, to issue and sell from time to time to or through Merrill Lynch, Pierce, Fenner & Smith Incorporated, as sales agent and/or principal (the “Agent”), shares (the “Shares”) of the Company’s common stock, $0.01 par value (the “Common Stock”), having an aggregate gross sales price of up to $250,000,000 on the terms set forth in Section 2 of this ATM Equity OfferingSM Sales Agreement (the “Agreement”). The Company agrees that whenever it determines to sell Shares directly to the Agent as principal, it will enter into a separate agreement (each, a “Terms Agreement”) in substantially the form of Annex I hereto, relating to su
UDR, INC. Common Stock ($0.01 par value) ATM EQUITY OFFERINGSM SALES AGREEMENTEquity Offeringsm Sales Agreement • September 1st, 2011 • UDR, Inc. • Real estate investment trusts • New York
MINERALYS THERAPEUTICS, INC. Common Stock ($0.0001 par value) ATM EQUITY OFFERINGSM SALES AGREEMENTEquity Offeringsm Sales Agreement • March 21st, 2024 • Mineralys Therapeutics, Inc. • Pharmaceutical preparations • New York
