ex-4 Sample Contracts

DryShips Inc. – Contract (March 1st, 2019)

Fifth Supplemental Agreement to Secured Loan Facility Agreement dated 20 January 2010 as amended and restated by a first deed of amendment and restatement dated 8 December 2010, a second deed of amendment and restatement dated 19 October 2012, as further amended and supplemented by a third supplemental agreement dated 27 April 2016 and as further amended and supplemented by a fourth supplemental agreement dated 22 January 2018

DryShips Inc. – to the Memorandum of Agreement dated 4th July 2018 as amended by an Addendum No. 1 dated 16th July 2018 ("the MOA") between VLGC GAMMA OWNING LTD. of Marshall Islands (the "Sellers") and MERIDIAN 11 LIMITED of Bermuda (the "Buyers") and GLOBAL MERIDIAN HOLDINGS LIMITED of Bermuda (as "Buyers' Guarantor") for (the "Ship") (March 1st, 2019)
DryShips Inc. – SHARE PURCHASE AGREEMENT (March 1st, 2019)

This Share Purchase Agreement (“Agreement”), dated as of 31st day of May 2018, is made by and between DRYBULK INVESTMENTS INC. of Marshall Islands (the “Buyer”) and Rightmove Shareholders Inc, a corporation organized under the laws of the Republic of the Marshall Islands (the “Seller”),

Precision Therapeutics Inc. – Contract (March 1st, 2019)

THE REGISTERED HOLDER OF THIS UNIT PURCHASE OPTION BY ITS ACCEPTANCE HEREOF, AGREES THAT THE SECURITIES EVIDENCED BY THIS UNIT PURCHASE OPTION MAY NOT BE SOLD, TRANSFERRED OR ASSIGNED EXCEPT AS HEREIN PROVIDED AND THE REGISTERED HOLDER OF THIS UNIT PURCHASE OPTION AGREES THAT THE SECURITIES EVIDENCED BY THIS UNIT PURCHASE OPTION WILL NOT BE SOLD, TRANSFERRED, ASSIGNED, PLEDGED OR HYPOTHECATED, OR BE THE SUBJECT OF ANY HEDGING, SHORT SALE, DERIVATIVE, PUT, OR CALL TRANSACTION THAT WOULD RESULT IN THE EFFECTIVE ECONOMIC DISPOSITION OF THIS UNIT PURCHASE OPTION OR THE SECURITIES EVIDENCED BY THIS UNIT PURCHASE OPTION, FOR A PERIOD OF ONE HUNDRED EIGHTY (180) DAYS FOLLOWING THE EFFECTIVE DATE (DEFINED BELOW) TO ANYONE OTHER THAN TO ANY MEMBER PARTICIPATING IN THE OFFERING AND THE OFFICERS OR PARTNERS THEREOF, IF ALL SECURITIES SO TRANSFERRED REMAIN SUBJECT TO THE LOCK-UP RESTRICTION SET FORTH ABOVE FOR THE REMAINDER OF THE TIME PERIOD.

Primerica, Inc. – PRIMERICA, INC. INDENTURE Dated as of DEBT SECURITIES [TRUSTEE] Trustee Reconciliation and tie between Trust Indenture Act of 1939 and Indenture* (March 1st, 2019)

WHEREAS, the Company has duly authorized the execution and delivery of this Indenture to provide for the issuance of debentures, notes, bonds or other evidences of indebtedness (the “Securities”) in an unlimited aggregate principal amount to be issued from time to time in one or more series as provided in this Indenture; and

NanoFlex Power Corp – Contract (March 1st, 2019)

THIS NOTE AND THE COMMON STOCK ISSUABLE UPON CONVERSION OF THIS NOTE HAVE NOT BEEN AND WILL NOT BE REGISTERED WITH THE UNITED STATES SECURITIES AND EXCHANGE COMMISSION OR THE SECURITIES COMMISSION OF ANY STATE PURSUANT TO AN EXEMPTION FROM REGISTRATION PROVIDED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, AND THE RULES AND REGULATIONS PROMULGATED THEREUNDER (THE “1933 ACT”)

DryShips Inc. – MEMORANDUM OF AGREEMENT Norwegian Shipbrokers’ Association’s Memorandum of Agreement for sale and purchase of ships. Adopted by The Baltic and International Maritime Council (BIMCO) in 1956 Code-name SALEFORM 1993 Revised 1966, 1983 and 1986/87 (March 1st, 2019)

Norwegian Shipbrokers’ Association’s Memorandum of Agreement for sale and purchase of ships.  Adopted by The Baltic and International Maritime Council (BIMCO) in 1956

DryShips Inc. – US$35,000,000 FACILITY AGREEMENT Dated 29 January 2018 as amended and restated on 10 August 2018 for QUORA OWNERS INC. PHOENIX OWNERS INC. and ROSCOE MARINE LTD. as joint and several Borrowers and Hedge Guarantors guaranteed by DRYSHIPS INC. as Guarantor arranged by DVB BANK SE, AMSTERDAM BRANCH as Arranger with DVB BANK SE, AMSTERDAM BRANCH acting as Facility Agent and DVB BANK SE, AMSTERDAM BRANCH acting as Security Agent and DVB BANK SE acting as Account Bank relating to the financing of m.vs. "VALADON", "MATISSE" and "RAPALLO" (March 1st, 2019)

THIS AGREEMENT was made on 29 January 2018 and is amended and restated by a Deed of Accession, Amendment and Restatement date 10 August 2018

DryShips Inc. – ADDITIONAL CLAUSES to the Bareboat Charter dated 4 May 2018 between HAI KUO SHIPPING 1622 LIMITED (as Owners) And KAHUNA OWNERS INC. (as Charterers) in respect of (March 1st, 2019)
Digerati Technologies, Inc. – CONVERTIBLE PROMISSORY NOTE (March 1st, 2019)

This Note is free from all taxes, liens, claims and encumbrances with respect to the issue thereof and shall not be subject to preemptive rights or other similar rights of shareholders of the Borrower and will not impose personal liability upon the holder thereof.

DryShips Inc. – Memorandum of Agreement for sale and purchase of ships. Adopted by BIMCO in 1956. MEMORANDUM OF AGREEMENT Code-name SALEFORM 2012 Contract No: NX20180002 Revised 1966, 1983 and 1986/87, 1993 and 2012 (March 1st, 2019)

Tethys Owning Company Limited of Trust Company Complex, Ajeltake Road, Ajeltake Island, Majuro MH96960, Marshall Islands (Name of sellers), hereinafter called the “Sellers·, have agreed to sell , and

DryShips Inc. – SHARE PURCHASE AGREEMENT (March 1st, 2019)

This Share Purchase Agreement (“Agreement”), dated as of 19th day of November 2018, is made by and between OIL TANKERS INVESTMENTS INC. of Marshall Islands (the “Buyer”) and LILAC SHIPMANAGEMENT S.A, a corporation organized under the laws of the Republic of the Marshall Islands (the “Seller”).

Accelerate Diagnostics, Inc – FULLY PAID AND NON-ASSESSABLE SHARES OF COMMON STOCK OF $.001 PAR VALUE EACH OF ______________ ACCELERATE DIAGNOSTICS, INC. ==============--­ transferable on the books of the Corporation in person or by duly authorized attorney upon surrender of this certificate duly endorsed or assigned. This certificate and the shares represented hereby are subject to the laws of the State of Delaware, and to the Certificate of Incorporation and Bylaws of the Corporation, as now or hereafter amended. This certificate is not valid until countersigned by the Transfer Agent. WITNESS the facsimile seal of the Co (March 1st, 2019)
Criteo S.A. – AGREEMENT TO FURNISH DEBT INSTRUMENTS (March 1st, 2019)

Pursuant to Item 601(b)(4)(iii)(A) of Regulation S-K, Criteo S.A. (the “Company”) has not included as an exhibit to its Annual Report on Form 10-K any instrument relating to long-term debt if the total amount of debt authorized by such instrument does not exceed 10% of the total assets of the Company. The Company agrees to furnish a copy of any such instrument to the Securities and Exchange Commission upon request.

DryShips Inc. – RIDER CLAUSES TO MEMORANDUM OF AGREEMENT DATED 4 May 2018 in respect of m.v. “Bacon” (“MOA”) (March 1st, 2019)

The Buyers and the Sellers hereby acknowledge that the Buyers have entered into a bareboat charter of even date herewith with the Sellers (the “BBC”), whereby the Vessel is to be chartered by the Buyers (as owners) to the Sellers (as bareboat charterer), on such terms and conditions as are set out in the BBC. Immediately upon delivery of the Vessel to the Buyers under this Agreement, the Vessel shall, subject to the terms of the BBC, be deemed as delivered immediately thereafter to the Sellers (as bareboat charterer) under the BBC, and the Sellers’ acceptance of delivery of the Vessel to it (as bareboat charterer) under the BBC shall satisfy in full pro tanto the Sellers’ obligation with respect to physical delivery of the Vessel to the Buyers under this Agreement.

Precision Therapeutics Inc. – COMMON STOCK PURCHASE WARRANT PRECISION THERAPEUTICS INC. (March 1st, 2019)

THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, [•]or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the Initial Issue Date (the “Initial Exercise Date”) and on or prior to the close of business on the five (5) year anniversary of the Initial Exercise Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from Precision Therapeutics Inc., a Delaware corporation (the “Company”), up to [•] shares (as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).

DryShips Inc. – ADDITIONAL CLAUSES (March 1st, 2019)
Digerati Technologies, Inc. – CONVERTIBLE PROMISSORY NOTE (March 1st, 2019)

This Note carries an original issue discount of $14,000.00 (the “OID”), to cover the Holder’s accounting fees, due diligence fees, monitoring, and/or other transactional costs incurred in connection with the purchase and sale of the Note, which is included in the principal balance of this Note. Thus, the purchase price of this Note shall be $126,000.00, computed as follows: the Principal Amount minus the OID.

DryShips Inc. – PRIVATE AND CONFIDENTIAL Dated 4 May 2018 SERENITY OWNERS INC. KAHUNA OWNERS INC. MARATHI OWNERS INC. MELTEMI OWNERS INC. and AQUARIUS OWNERS INC. (March 1st, 2019)
DryShips Inc. – MEMORANDUM OF AGREEMENT Norwegian Shipbrokers’ Association’s Memorandum of Agreement for sale and purchase of ships. Adopted by The Baltic and International Maritime Council (BIMCO) in 1956 Code-name SALEFORM 1993 Revised 1966, 1983 and 1986/87 (March 1st, 2019)

Norwegian Shipbrokers’ Association’s Memorandum of Agreement for sale and purchase of ships.  Adopted by The Baltic and International Maritime Council (BIMCO) in 1956

Intec Pharma Ltd. – INTEC PHARMA LTD. TO as Trustee GUARANTEED TO THE EXTENT SET FORTH HEREIN BY THE GUARANTORS NAMED HEREIN INDENTURE Dated as of [_____________], 20[__] SUBORDINATED DEBT SECURITIES (March 1st, 2019)

INDENTURE, dated as of [_____________], 20[__], by and between INTEC PHARMA LTD., a corporation organized under the laws of the State of Israel (hereinafter called the “Company”), the guarantors listed on Schedule I hereto, as such schedule may be amended from time to time (the “Guarantors”), and [__________________],as Trustee hereunder (hereinafter called the “Trustee”).

DryShips Inc. – SIDE LETTER AGREEMENT (March 1st, 2019)

This Side Letter Agreement (hereinafter called the "Side Letter") is made and entered into this 13th day of December, 2018 by and between:

DryShips Inc. – Memorandum of Agreement for sale and purchase of ships. Adopted by BIMCO in 1956. Code-name SALEFORM 2012 Revised 1966, 1983 and 1986/87, 1993 and 2012 (March 1st, 2019)

VLGC GAMMA OWNING LTD., Trust Company Complex, Ajeltake Road, Ajeltake Island, Majuro, Marshall Islands MH96960 (Name of sellers), hereinafter called the “Sellers”, have agreed to sell, and

DryShips Inc. – to the Memorandum of Agreement dated 4th July 2018 as amended by an Addendum No. 1 dated 16th July 2018 and as further amended by an Addendum No. 2 dated 24th July 2018 (“the MOA’’) between VLGC BETA OWNING LTD. of Marshall Islands (the “Sellers”) and MERIDIAN 10 LIMITED of Bermuda (the “Buyers”) and GLOBAL MERIDIAN HOLDINGS LIMITED of Bermuda (the “Buyers’ Guarantor”) For (the “Vessel”) (March 1st, 2019)
DryShips Inc. – RIDER CLAUSES TO MEMORANDUM OF AGREEMENT DATED 4 May 2018 in respect of m.v. “Castellani” (“MOA”) (March 1st, 2019)

The Buyers and the Sellers hereby acknowledge that the Buyers have entered into a bareboat charter of even date herewith with the Sellers (the “BBC”), whereby the Vessel is to be chartered by the Buyers (as owners) to the Sellers (as bareboat charterer), on such terms and conditions as are set out in the BBC. Immediately upon delivery of the Vessel to the Buyers under this Agreement, the Vessel shall, subject to the terms of the BBC, be deemed as delivered immediately thereafter to the Sellers (as bareboat charterer) under the BBC, and the Sellers’ acceptance of delivery of the Vessel to it (as bareboat charterer) under the BBC shall satisfy in full pro tanto the Sellers’ obligation with respect to physical delivery of the Vessel to the Buyers under this Agreement.

DryShips Inc. – Memorandum of Agreement for sale and purchase of ships. Adopted by BIMCO in 1956. Code-name SALEFORM 2012 Revised 1966, 1983 and 1986/87, 1993 and 2012 (March 1st, 2019)

DIONE OWNING COMPANY LIMITED, Trust Company Complex, Ajeltake Road, Ajeltake Island, Majuro, MH96960, Marshall Islands (Name of Sellers), hereinafter called the “Sellers”, have agreed to sell, and

Inter Parfums Inc – Inter Parfums, Inc. 2004 Nonemployee Director Stock Option Plan (As Amended) (March 1st, 2019)
DryShips Inc. – RIDER CLAUSES TO MEMORANDUM OF AGREEMENT DATED 4 May 2018 in respect of m.v. “Morandi” (“MOA”) (March 1st, 2019)

The Buyers and the Sellers hereby acknowledge that the Buyers have entered into a bareboat charter of even date herewith with the Sellers (the “BBC”), whereby the Vessel is to be chartered by the Buyers (as owners) to the Sellers (as bareboat charterer), on such terms and conditions as are set out in the BBC. Immediately upon delivery of the Vessel to the Buyers under this Agreement, the Vessel shall, subject to the terms of the BBC, be deemed as delivered immediately thereafter to the Sellers (as bareboat charterer) under the BBC, and the Sellers’ acceptance of delivery of the Vessel to it (as bareboat charterer) under the BBC shall satisfy in full pro tanto the Sellers’ obligation with respect to physical delivery of the Vessel to the Buyers under this Agreement.

DryShips Inc. – MEMORANDUM OF AGREEMENT Norwegian Shipbrokers’ Association’s Memorandum of Agreement for sale and purchase of ships. Adopted by The Baltic and International Maritime Council (BIMCO) in 1956 Code-name SALEFORM 1993 Revised 1966, 1983 and 1986/87 (March 1st, 2019)

Norwegian Shipbrokers’ Association’s Memorandum of Agreement for sale and purchase of ships.  Adopted by The Baltic and International Maritime Council (BIMCO) in 1956

DryShips Inc. – SHARE PURCHASE AGREEMENT (March 1st, 2019)

This Share Purchase Agreement (“Agreement”), dated as of 31st day of May 2018, is made by and between OIL TANKERS INVESTMENTS INC. of Marshall Islands (the “Buyer”) and ZILLS SHAREHOLDERS INC., a corporation organized under the laws of the Republic of the Marshall Islands (the “Seller”)

DryShips Inc. – Memorandum of Agreement for sale and purchase of ships. Adopted by BIMCO in 1956. Code-name SALEFORM 2012 Revised 1966, 1983 and 1986/87, 1993 and 2012 (March 1st, 2019)

TEMPO MARINE CO. of Trust Company Complex, Ajeltake Road, Ajeltake Island, Majuro, Marshall Islands MH96960, hereinafter called the “Sellers”, have agreed to sell, and

Telefonica S A – FIRST SUPPLEMENTAL INDENTURE among TELEFÓNICA EMISIONES, S.A.U., as Issuer, TELEFÓNICA, S.A., as Guarantor and THE BANK OF NEW YORK MELLON, as Trustee, Transfer Agent, Registrar and Paying Agent March 1, 2019 FIXED RATE SENIOR NOTES DUE 2049 (March 1st, 2019)

THIS FIRST SUPPLEMENTAL INDENTURE, dated as of March 1, 2019, among Telefónica Emisiones, S.A.U., a sociedad anónima unipersonal incorporated under the laws of the Kingdom of Spain (the “Issuer”), Telefónica, S.A., a sociedad anónima incorporated under the laws of the Kingdom of Spain (the “Guarantor”), and The Bank of New York Mellon, a New York banking corporation, as trustee, transfer agent, registrar (the “Trustee”, which term includes any successor Trustee) and paying agent (the “Paying Agent”, which term includes any successor Paying Agent).

DryShips Inc. – DEED OF NOVATION (March 1st, 2019)
Tracon Pharmaceuticals, Inc. – TRACON PHARMACEUTICALS, INC. and , AS WARRANT AGENT (March 1st, 2019)

COMMON STOCK WARRANT AGREEMENT (this “Agreement ”), dated as of                                between TRACON Pharmaceuticals, Inc., a Delaware corporation (the “ Company ”), and                                , a [corporation] [national banking association]

Office Properties Income Trust – OFFICE PROPERTIES INCOME TRUST IMPORTANT NOTICE OFFICE PROPERTIES INCOME TRUST IS A MARYLAND REAL ESTATE INVESTMENT TRUST (THE “COMPANY”). THE SHARES COVERED BY THIS CERTIFICATE ARE ISSUED AND SHALL BE HELD SUBJECT TO ALL OF THE PROVISIONS OF THE AMENDED AND RESTATED DECLARATION OF TRUST OF THE COMPANY, AS AMENDED FROM TIME TO TIME (THE “DECLARATION OF TRUST”) AND THE AMENDED AND RESTATED BYLAWS ADOPTED BY THE COMPANY, AS AMENDED FROM TIME TO TIME (THE “BYLAWS”). THE HOLDER OF THE SHARES COVERED BY THIS CERTIFICATE AND EVERY TRANSFEREE OR ASSIGNEE THEREOF BY ACCEPTING OR HOLDING THE SAME AGREE (March 1st, 2019)