Underwriting Agreement Sample Contracts

Share Cite Term
Link

Embed (HTML)
Akers Biosciences Inc – UNDERWRITING AGREEMENT Between AKERS BIOSCIENCES, INC. And JOSEPH GUNNAR & CO., LLC as Representative of the Several Underwriters AKERS BIOSCIENCES, INC. UNDERWRITING AGREEMENT (December 15th, 2017)

The undersigned, Akers Biosciences, Inc., a corporation formed under the laws of the State of New Jersey (collectively with its subsidiaries and affiliates, including, without limitation, all entities disclosed or described in the Registration Statement (as hereinafter defined) as being subsidiaries or affiliates of Akers Biosciences, Inc., the "Company"), hereby confirms its agreement (this "Agreement") with Joseph Gunnar & Co., LLC. (hereinafter referred to as "you" (including its correlatives) or the "Representative") and with the other underwriters named on Schedule 1 hereto for which the Representative is acting as representative (the Representative and such other underwriters being collectively called the "Underwriters" or, individually, an "Underwriter") as follows:

Series a Warrants Exercisable Into Shares of Common Stock and Series B Warrants Exercisable Into Shares of Common Stock of Yield10 Bioscience, Inc. Underwriting Agreement (December 15th, 2017)

The undersigned, Yield10 Bioscience, Inc., a company incorporated under the laws of Delaware (collectively with its subsidiaries and affiliates, including, without limitation, all entities disclosed or described in the Registration Statement as being subsidiaries or affiliates of Yield10 Bioscience, Inc., the Company), hereby confirms its agreement (this Agreement) with the several underwriters (such underwriters, including the Representative (as defined below), the Underwriters and each an Underwriter) named in Schedule I hereto for which Ladenburg Thalmann & Co. Inc. is acting as representative to the several Underwriters (the Representative and if there are no Underwriters other than the Representative, references to multiple Underwriters shall be disregarded and the term Representative as used herein shall have the same meaning as Underwriter) on the terms and conditions set forth herein.

Noble Midstream Partners LP – NOBLE MIDSTREAM PARTNERS LP 3,200,000 Common Units Representing Limited Partner Interests UNDERWRITING AGREEMENT (December 15th, 2017)
Dolphin Digital Media – ____________ UNITS of DOLPHIN ENTERTAINMENT, INC. UNDERWRITING AGREEMENT (December 15th, 2017)
Hancock Jaffe Laboratories, Inc. – Hancock Jaffe Laboratories, Inc. Underwriting Agreement (December 14th, 2017)

WallachBeth Capital, LLC Network 1 Financial Securities, Inc. As Representatives of the several Underwriters named on Schedule 1 attached hereto

Excel Global – Underwriting Agreement (December 14th, 2017)
Akers Biosciences Inc – Underwriting Agreement (December 14th, 2017)

The undersigned, Akers Biosciences, Inc., a corporation formed under the laws of the State of New Jersey (collectively with its subsidiaries and affiliates, including, without limitation, all entities disclosed or described in the Registration Statement (as hereinafter defined) as being subsidiaries or affiliates of Akers Biosciences, Inc., the "Company"), hereby confirms its agreement (this "Agreement") with Joseph Gunnar & Co., LLC. (hereinafter referred to as "you" (including its correlatives) or the "Representative") and with the other underwriters named on Schedule 1 hereto for which the Representative is acting as representative (the Representative and such other underwriters being collectively called the "Underwriters" or, individually, an "Underwriter") as follows:

VORNADO REALTY TRUST (A Maryland Real Estate Investment Trust) 5.25% Series M Cumulative Redeemable Preferred Shares of Beneficial Interest (Liquidation Preference $25.00 Per Share) UNDERWRITING AGREEMENT Dated: December 4, 2017 (December 13th, 2017)
32,000,000 Shares OASIS PETROLEUM INC. COMMON STOCK PAR VALUE $0.01 PER SHARE Underwriting Agreement (December 13th, 2017)

Oasis Petroleum Inc., a Delaware corporation (the "Company"), proposes to issue and sell to the underwriters named in Schedule 1 hereto (the "Underwriters"), an aggregate of 32,000,000 shares (the "Firm Shares") of the common stock, par value $0.01 per share, of the Company (the "Common Stock"). The Company also proposes to sell to the Underwriters, at the option of the Underwriters, up to an additional 4,800,000 shares of Common Stock (the "Option Shares"). The Firm Shares and the Option Shares are herein referred to as the "Shares."

FEDERAL REALTY INVESTMENT TRUST Debt Securities Underwriting Agreement (December 13th, 2017)
GigCapital, Inc. – 12,500,000 Units GIGCAPITAL, INC. UNDERWRITING AGREEMENT (December 12th, 2017)
KIMCO REALTY CORPORATION (A Maryland Corporation) COMMON STOCK, WARRANTS TO PURCHASE COMMON STOCK, PREFERRED STOCK AND DEPOSITARY SHARES UNDERWRITING AGREEMENT (December 12th, 2017)
10,000,000 Shares TELLURIAN INC. Common Stock $0.01 Par Value UNDERWRITING AGREEMENT (December 12th, 2017)
Newmark Group, Inc. – Newmark Group, Inc. [*] Shares of Class a Common Stock ($0.01 Par Value Per Share) Underwriting Agreement (December 12th, 2017)
_______ Shares of Common Stock, ________ Shares of Series a Convertible Preferred Stock (Convertible Into _________ Shares of Common Stock) and Warrants Exercisable Into ________ Shares of Common Stock of Yield10 Bioscience, Inc. Underwriting Agreement (December 11th, 2017)

The undersigned, Yield10 Bioscience, Inc., a company incorporated under the laws of Delaware (collectively with its subsidiaries and affiliates, including, without limitation, all entities disclosed or described in the Registration Statement as being subsidiaries or affiliates of Yield10 Bioscience, Inc., the "Company"), hereby confirms its agreement (this "Agreement") with the several underwriters (such underwriters, including the Representative (as defined below), the "Underwriters" and each an "Underwriter") named in Schedule I hereto for which Ladenburg Thalmann & Co. Inc. is acting as representative to the several Underwriters (the "Representative" and if there are no Underwriters other than the Representative, references to multiple Underwriters shall be disregarded and the term Representative as used herein shall have the same meaning as Underwriter) on the terms and conditions set forth herein.

_______ Shares of Common Stock, ________ Shares of Series a Convertible Preferred Stock (Convertible Into _________ Shares of Common Stock) and Warrants Exercisable Into ________ Shares of Common Stock of Yield10 Bioscience, Inc. Underwriting Agreement (December 11th, 2017)

The undersigned, Yield10 Bioscience, Inc., a company incorporated under the laws of Delaware (collectively with its subsidiaries and affiliates, including, without limitation, all entities disclosed or described in the Registration Statement as being subsidiaries or affiliates of Yield10 Bioscience, Inc., the "Company"), hereby confirms its agreement (this "Agreement") with the several underwriters (such underwriters, including the Representative (as defined below), the "Underwriters" and each an "Underwriter") named in Schedule I hereto for which Ladenburg Thalmann & Co. Inc. is acting as representative to the several Underwriters (the "Representative" and if there are no Underwriters other than the Representative, references to multiple Underwriters shall be disregarded and the term Representative as used herein shall have the same meaning as Underwriter) on the terms and conditions set forth herein.

_______ Shares of Common Stock, ________ Shares of Series a Convertible Preferred Stock (Convertible Into _________ Shares of Common Stock) and Warrants Exercisable Into ________ Shares of Common Stock of Yield10 Bioscience, Inc. Underwriting Agreement (December 11th, 2017)

The undersigned, Yield10 Bioscience, Inc., a company incorporated under the laws of Delaware (collectively with its subsidiaries and affiliates, including, without limitation, all entities disclosed or described in the Registration Statement as being subsidiaries or affiliates of Yield10 Bioscience, Inc., the "Company"), hereby confirms its agreement (this "Agreement") with the several underwriters (such underwriters, including the Representative (as defined below), the "Underwriters" and each an "Underwriter") named in Schedule I hereto for which Ladenburg Thalmann & Co. Inc. is acting as representative to the several Underwriters (the "Representative" and if there are no Underwriters other than the Representative, references to multiple Underwriters shall be disregarded and the term Representative as used herein shall have the same meaning as Underwriter) on the terms and conditions set forth herein.

Isolagen – 7,714,156 Shares of Common Stock Pre-Funded Warrants to Purchase 5,922,208 Shares of Common Stock and Warrants to Purchase 13,636,364 Shares of Common Stock Fibrocell Science, Inc. UNDERWRITING AGREEMENT (December 11th, 2017)
7,277,622 Shares GODADDY INC. CLASS a COMMON STOCK, PAR VALUE $0.001 PER SHARE UNDERWRITING AGREEMENT (December 8th, 2017)

GoDaddy Inc., a Delaware corporation (the "Company"), proposes to issue and sell to you as the several Underwriters named in Schedule II hereto (the "Underwriters"), and certain shareholders of the Company named in Schedule I hereto (the "Selling Shareholders" or the "Selling Stockholders") severally propose to sell to the several Underwriters, an aggregate of 7,277,622 shares of the Class A common stock, par value $0.001 per share (the "Class A Common Stock"), of the Company (the "Shares"), of which 50,000 shares are to be issued and sold by the Company and 7,227,622 shares are to be sold by the Selling Shareholders, each Selling Shareholder selling the amount set forth opposite such Selling Shareholder's name on Schedule I hereto. Any reference herein to the Underwriters shall be deemed to refer to a single Underwriter if only a single Underwriter is named in Schedule II hereto.

Isolagen – Fibrocell Science, Inc. UNDERWRITING AGREEMENT (December 6th, 2017)
Regalwood Global Energy Ltd. – Regalwood Global Energy Ltd. 30,000,000 Units1 Ordinary Shares Warrants UNDERWRITING AGREEMENT (December 6th, 2017)
Cue Biopharma, Inc. – Cue Biopharma, Inc. Underwriting Agreement (December 5th, 2017)

The undersigned, Cue Biopharma, Inc., a Delaware corporation (the "Company"), hereby confirms its agreement with MDB Capital Group, LLC (hereinafter referred to as "you" (including its correlatives) or the "Representative"), and with the other underwriters named on Schedule 1 hereto for which the Representative is acting as representative (the Representative and such other underwriters being collectively called the "Underwriters" or, individually, an "Underwriter"), as follows:

Teladoc, Inc. – UNDERWRITING AGREEMENT TELADOC, INC. 4,284,000 Shares of Common Stock, Par Value $0.001 Per Share Underwriting Agreement (December 5th, 2017)
Leisure Acquisition Corp. – 20,000,000 Units Leisure Acquisition Corp. Units, Each Consisting of One Share of Common Stock, $0.0001 Par Value, and One-Half of One Warrant UNDERWRITING AGREEMENT (December 1st, 2017)

Leisure Acquisition Corp., a Delaware corporation (the "Company"), proposes to issue and sell to the several Underwriters named in Schedule I hereto (the "Underwriters") an aggregate of 20,000,000 units of the Company (the "Firm Securities"). Each unit ("Unit(s)") consisting of one share of common stock, $0.0001 par value, of the Company ("Share(s)") and one-half of one warrant of the Company, where each whole warrant entitles the holder to purchase one Share (the "Warrant(s)").

Tesoro Logistics Lp Common Unit – ANDEAVOR LOGISTICS LP 600,000 6.875% Series a Fixed-To-Floating Rate Cumulative Redeemable Perpetual Preferred Units UNDERWRITING AGREEMENT November 28, 2017 (November 29th, 2017)
SMART Global Holdings, Inc. – [] Shares SMART Global Holdings, Inc. Ordinary Shares UNDERWRITING AGREEMENT (November 28th, 2017)
GigCapital, Inc. – 15,000,000 Units GIGCAPITAL, INC. UNDERWRITING AGREEMENT (November 28th, 2017)
Leisure Acquisition Corp. – 20,000,000 Units Leisure Acquisition Corp. Units, Each Consisting of One Share of Common Stock, $0.0001 Par Value, and One-Half of One Warrant UNDERWRITING AGREEMENT (November 28th, 2017)

Leisure Acquisition Corp., a Delaware corporation (the "Company"), proposes to issue and sell to the several Underwriters named in Schedule I hereto (the "Underwriters") an aggregate of 20,000,000 units of the Company (the "Firm Securities"). Each unit ("Unit(s)") consisting of one share of common stock, $0.0001 par value, of the Company ("Share(s)") and one-half of one warrant of the Company, where each whole warrant entitles the holder to purchase one Share (the "Warrant(s)").

Ameren Illinois Co – Ameren Illinois Company First Mortgage Bonds Underwriting Agreement (November 28th, 2017)
Quanterix Corp – Underwriting Agreement (November 27th, 2017)
ROYAL CARIBBEAN CRUISES LTD. (A Liberian Corporation) Debt or Convertible Debt Securities UNDERWRITING AGREEMENT (November 27th, 2017)

From time to time Royal Caribbean Cruises Ltd., a Liberian corporation (the Company), proposes to enter into one or more Terms Agreements (each a Terms Agreement) in the form of Exhibit A hereto, with such additions and deletions as the parties thereto may determine, and, subject to the terms and conditions stated herein and therein, to issue and sell to the firm or firms named in the applicable Terms Agreement (such firm or firms, whether one or more, constituting the Underwriters with respect to such Terms Agreement and the securities specified therein) certain of its debt securities or convertible debt securities (the Securities) specified in such Terms Agreement (such Securities, with respect to such Terms Agreement, the Underwritten Securities).

SMART Global Holdings, Inc. – [] Shares SMART Global Holdings, Inc. Ordinary Shares UNDERWRITING AGREEMENT (November 27th, 2017)
Leisure Acquisition Corp. – 25,000,000 Units Leisure Acquisition Corp. Units, Each Consisting of One Share of Common Stock, $0.0001 Par Value, and One-Half of One Warrant UNDERWRITING AGREEMENT (November 17th, 2017)

Leisure Acquisition Corp., a Delaware corporation (the "Company"), proposes to issue and sell to the several Underwriters named in Schedule I hereto (the "Underwriters") an aggregate of 25,000,000 units of the Company (the "Firm Securities"). Each unit ("Unit(s)") consisting of one share of common stock, $0.0001 par value, of the Company ("Share(s)") and one-half of one warrant of the Company, where each whole warrant entitles the holder to purchase one Share (the "Warrant(s)").

Thompson Designs – Series B Warrants to Purchase Shares of Common Stock BIOPHARMX CORPORATION UNDERWRITING AGREEMENT (November 17th, 2017)
Heat Biologics, Inc. Underwriting Agreement (November 17th, 2017)

Aegis Capital Corp. As Representative of the several Underwriters named on Schedule 1 attached hereto 810 Seventh Avenue, 18th Floor New York, New York 10019