October 5th, 2015 · Common Contracts · 1000 similar Amtech Systems Inc – SECOND AMENDED AND RESTATED RIGHTS AGREEMENT AMTECH SYSTEMS, INC. and COMPUTERSHARE TRUST COMPANY, N.A. Rights Agent Dated as of October 1, 2015 The foregoing is a summary of certain principal terms of the Rights Agreement only and is qualified in its entirety by reference to the Second Amended and Restated Preferred Shares Rights Agreement dated as of October 1, 2015 between the Company and Computershare Trust Company, N.A., as Rights Agent (the “Rights Agreement”). The Rights Agreement may be amended from time to time. A copy of the Rights Agreement was filed with the Securities and Exchange Commission as an Exhibit to a Current Report on Form 8-K dated [ ]. A copy of the Rights Agreement is available free of charge from the Company.
The foregoing is a summary of certain principal terms of the Rights Agreement only and is qualified in its entirety by reference to the Second Amended and Restated Preferred Shares Rights Agreement dated as of October 1, 2015 between the Company and Computershare Trust Company, N.A., as Rights Agent (the “Rights Agreement”). The Rights Agreement may be amended from time to time. A copy of the Rights Agreement was filed with the Securities and Exchange Commission as an Exhibit to a Current Report on Form 8-K dated [ ]. A copy of the Rights Agreement is available free of charge from the Company.
January 5th, 2018 · Common Contracts · 990 similar Omagine, Inc. – SECURITIES PURCHASE AGREEMENT This SECURITIES PURCHASE AGREEMENT (the “Agreement”), dated as of January 2, 2018, by and between OMAGINE, INC., a Delaware corporation, with headquarters located at 136 Madison Avenue, 5th Floor, New York, NY 10016 (the “Company”), and EINSTEIN INVESTMENTS LLC, an Arizona limited liability company, with its address at 2415 E Camelback Rd., Suite 700, Phoenix, AZ 85016 (the “Buyer”). The Company and the Buyer are sometimes referred to herein individually as a “party’ and collectively as the “parties”.
This SECURITIES PURCHASE AGREEMENT (the “Agreement”), dated as of January 2, 2018, by and between OMAGINE, INC., a Delaware corporation, with headquarters located at 136 Madison Avenue, 5th Floor, New York, NY 10016 (the “Company”), and EINSTEIN INVESTMENTS LLC, an Arizona limited liability company, with its address at 2415 E Camelback Rd., Suite 700, Phoenix, AZ 85016 (the “Buyer”). The Company and the Buyer are sometimes referred to herein individually as a “party’ and collectively as the “parties”.
May 10th, 2007 · Common Contracts · 990 similar White Electronic Designs Corp – CREDIT AGREEMENT dated as of April 3, 2007 among WHITE ELECTRONIC DESIGNS CORPORATION, an Indiana corporation The Lenders Party Hereto and JPMORGAN CHASE BANK, N.A., as Administrative Agent CREDIT AGREEMENT dated as of April 3, 2007, among WHITE ELECTRONIC DESIGNS CORPORATION, an Indiana corporation, the LENDERS party hereto, and JPMORGAN CHASE BANK, N.A., as Administrative Agent.
CREDIT AGREEMENT dated as of April 3, 2007, among WHITE ELECTRONIC DESIGNS CORPORATION, an Indiana corporation, the LENDERS party hereto, and JPMORGAN CHASE BANK, N.A., as Administrative Agent.
March 29th, 1999 · Common Contracts · 786 similar Unisource Energy Corp – RIGHTS AGREEMENT
September 17th, 1998 · Common Contracts · 400 similar Ugly Duckling Corp – TO
April 27th, 2021 · Common Contracts · 316 similar Voya VARIABLE INSURANCE TRUST – Contract
April 10th, 2002 · Common Contracts · 224 similar Onesource Technologies Inc – EXHIBIT 10.29 INDEMNIFICATION AGREEMENT This Indemnification Agreement (this "Agreement") is made as of this 4th day of January 2001, by and between OneSource Technologies, Inc. a Delaware corporation (the "Company") and Jerry M. Washburn...
February 24th, 2009 · Common Contracts · 162 similar Advisors Series Trust – ADVISORS SERIES TRUST INVESTMENT ADVISORY AGREEMENT The Edgar Lomax Company THIS INVESTMENT ADVISORY AGREEMENT is made as of the 26th day of September, 1997, by and between ADVISORS SERIES TRUST, a Delaware business trust (hereinafter called the “Trust”), on behalf of the following series of the Trust, Edgar Lomax Value Fund (the “Fund”) and The Edgar Lomax Company, a Delaware corporation (hereinafter called the “Advisor”).
THIS INVESTMENT ADVISORY AGREEMENT is made as of the 26th day of September, 1997, by and between ADVISORS SERIES TRUST, a Delaware business trust (hereinafter called the “Trust”), on behalf of the following series of the Trust, Edgar Lomax Value Fund (the “Fund”) and The Edgar Lomax Company, a Delaware corporation (hereinafter called the “Advisor”).
December 8th, 2017 · Common Contracts · 160 similar Electromedical Technologies, Inc – FORM OF SUBSCRIPTION AGREEMENT THIS INVESTMENT INVOLVES A HIGH DEGREE OF RISK. THIS INVESTMENT IS SUITABLE ONLY FOR PERSONS WHO CAN BEAR THE ECONOMIC RISK FOR AN INDEFINITE PERIOD OF TIME AND WHO CAN AFFORD TO LOSE THEIR ENTIRE INVESTMENT. FURTHERMORE, INVESTORS MUST UNDERSTAND THAT SUCH INVESTMENT IS ILLIQUID AND IS EXPECTED TO CONTINUE TO BE ILLIQUID FOR AN INDEFINITE PERIOD OF TIME. NO PUBLIC MARKET EXISTS FOR THE SECURITIES, AND NO PUBLIC MARKET IS EXPECTED TO DEVELOP FOLLOWING THIS OFFERING.
THIS INVESTMENT INVOLVES A HIGH DEGREE OF RISK. THIS INVESTMENT IS SUITABLE ONLY FOR PERSONS WHO CAN BEAR THE ECONOMIC RISK FOR AN INDEFINITE PERIOD OF TIME AND WHO CAN AFFORD TO LOSE THEIR ENTIRE INVESTMENT. FURTHERMORE, INVESTORS MUST UNDERSTAND THAT SUCH INVESTMENT IS ILLIQUID AND IS EXPECTED TO CONTINUE TO BE ILLIQUID FOR AN INDEFINITE PERIOD OF TIME. NO PUBLIC MARKET EXISTS FOR THE SECURITIES, AND NO PUBLIC MARKET IS EXPECTED TO DEVELOP FOLLOWING THIS OFFERING.
March 30th, 2011 · Common Contracts · 155 similar Insys Therapeutics, Inc. – INSYS THERAPEUTICS, INC. INDEMNITY AGREEMENT THIS INDEMNITY AGREEMENT (this “Agreement”) dated as of , 20 , is made by and between INSYS THERAPEUTICS, INC., a Delaware corporation (the “Company”), and (“Indemnitee”).
THIS INDEMNITY AGREEMENT (this “Agreement”) dated as of , 20 , is made by and between INSYS THERAPEUTICS, INC., a Delaware corporation (the “Company”), and (“Indemnitee”).
February 13th, 2008 · Common Contracts · 151 similar E-Wilson, LLC – REGISTRATION RIGHTS AGREEMENT REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of February 1, 2008, by and among MicroMed Cardiovascular, Inc., a Delaware corporation (the “Company”), and E-Wilson LLC, an Arizona limited liability company (“Buyer”).
REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of February 1, 2008, by and among MicroMed Cardiovascular, Inc., a Delaware corporation (the “Company”), and E-Wilson LLC, an Arizona limited liability company (“Buyer”).
May 12th, 2008 · Common Contracts · 120 similar Carrabba's/Colorado-I, Limited Partnership – OUTBACK STEAKHOUSE® AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF OUTBACK/PHOENIX-II, LIMITED PARTNERSHIP
March 29th, 2019 · Common Contracts · 97 similar Saratoga Advantage Trust – UNDERWRITING AGREEMENT THIS UNDERWRITING AGREEMENT effective as of the 1st day of February, 2019, by and between THE SARATOGA ADVANTAGE TRUST, a Delaware business trust, having its principal office and place of business at 1616 N. Litchfield Road, Suite 165, Goodyear, Arizona 85395 (the “Trust”), and NORTHERN LIGHTS DISTRIBUTORS, LLC, a Nebraska limited liability company having its principal office and place of business at 17645 Wright Street, Suite 200, Omaha, Nebraska 68130 (“NLD”).
THIS UNDERWRITING AGREEMENT effective as of the 1st day of February, 2019, by and between THE SARATOGA ADVANTAGE TRUST, a Delaware business trust, having its principal office and place of business at 1616 N. Litchfield Road, Suite 165, Goodyear, Arizona 85395 (the “Trust”), and NORTHERN LIGHTS DISTRIBUTORS, LLC, a Nebraska limited liability company having its principal office and place of business at 17645 Wright Street, Suite 200, Omaha, Nebraska 68130 (“NLD”).
April 2nd, 2007 · Common Contracts · 92 similar Syntax-Brillian Corp – SECURITIES PURCHASE AGREEMENT This Securities Purchase Agreement (this “Agreement”) is dated as of March 27, 2007, among Syntax-Brillan Corporation, a Delaware corporation (the “ Company “), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”).
This Securities Purchase Agreement (this “Agreement”) is dated as of March 27, 2007, among Syntax-Brillan Corporation, a Delaware corporation (the “ Company “), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”).
April 3rd, 2006 · Common Contracts · 84 similar Syntax-Brillian Corp – SECURITIES PURCHASE AGREEMENT This Securities Purchase Agreement (this “Agreement”) is dated as of March 29, 2006, among Syntax-Brillan Corporation, a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”).
This Securities Purchase Agreement (this “Agreement”) is dated as of March 29, 2006, among Syntax-Brillan Corporation, a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”).
July 31st, 2003 · Common Contracts · 79 similar Mony America Variable Account L – Exhibit 8(l) AMENDED AND RESTATED PARTICIPATION AGREEMENT
September 23rd, 2005 · Common Contracts · 72 similar Cole Credit Property Trust II Inc – ARTICLE I DEFINITIONS
February 19th, 1998 · Common Contracts · 70 similar Employee Solutions Inc – and
September 4th, 2015 · Common Contracts · 68 similar Cancer Prevention Pharmaceuticals, Inc. – WARRANT TO PURCHASE SHARES THIS CERTIFIES THAT, for value received, upon the occurrence of a Qualified Financing or an Optional Conversion (as such terms are defined below) or its registered assigns (the “Holder”) is entitled, subject to the provisions and upon the terms and conditions set forth herein, to purchase from Cancer Prevention Pharmaceuticals, Inc., a Delaware corporation (the “Company”) Shares (as defined below) in the amount and at the price per share set forth in Section 1. The term “Warrant” as used herein shall include this Warrant and any warrants delivered in substitution or exchange therefor as provided herein. This Warrant is issued in connection with the transactions described in the Note and Warrant Purchase Agreement, dated as of the date hereof (as amended, modified or supplemented), by and among the Company and the lenders described therein (the “Purchase Agreement”). All capitalized terms not otherwise defined shall have the meaning assigned to them in the Purchase Agreement or in the f
THIS CERTIFIES THAT, for value received, upon the occurrence of a Qualified Financing or an Optional Conversion (as such terms are defined below) or its registered assigns (the “Holder”) is entitled, subject to the provisions and upon the terms and conditions set forth herein, to purchase from Cancer Prevention Pharmaceuticals, Inc., a Delaware corporation (the “Company”) Shares (as defined below) in the amount and at the price per share set forth in Section 1. The term “Warrant” as used herein shall include this Warrant and any warrants delivered in substitution or exchange therefor as provided herein. This Warrant is issued in connection with the transactions described in the Note and Warrant Purchase Agreement, dated as of the date hereof (as amended, modified or supplemented), by and among the Company and the lenders described therein (the “Purchase Agreement”). All capitalized terms not otherwise defined shall have the meaning assigned to them in the Purchase Agreement or in the f
June 9th, 2006 · Common Contracts · 67 similar Alanco Technologies Inc – ARTICLE I DEFINITIONS
May 6th, 2010 · Common Contracts · 64 similar Environtech Inc. – OPERATING AGREEMENT OF ALLIED WASTE SYSTEMS OF ARIZONA, LLC This Operating Agreement is executed as of April 14, 2006, by Browning-Ferris Industries, LLC, a Delaware limited liability company (the “Member”) as the sole member of the Company.
This Operating Agreement is executed as of April 14, 2006, by Browning-Ferris Industries, LLC, a Delaware limited liability company (the “Member”) as the sole member of the Company.
October 10th, 2006 · Common Contracts · 60 similar COHOES FASHIONS of CRANSTON, Inc. – LIMITED LIABILITY COMPANY AGREEMENT OF BURLINGTON COAT FACTORY OF ARIZONA, LLC This LIMITED LIABILITY COMPANY AGREEMENT (this “Agreement”) of Burlington Coat Factory of Arizona, LLC, dated as of April 2, 2006, is entered into by Burlington Coat Factory Purchasing, Inc., as its sole member (the “Member”).
This LIMITED LIABILITY COMPANY AGREEMENT (this “Agreement”) of Burlington Coat Factory of Arizona, LLC, dated as of April 2, 2006, is entered into by Burlington Coat Factory Purchasing, Inc., as its sole member (the “Member”).
March 30th, 2000 · Common Contracts · 59 similar Nextcard Inc – OFFICE LEASE FOR
October 27th, 2011 · Common Contracts · 58 similar P F Changs China Bistro Inc – AMENDED AND RESTATED CREDIT AGREEMENT dated as of October 26, 2011 among P.F. CHANG'S CHINA BISTRO, INC. The Lenders Party Hereto and JPMORGAN CHASE BANK, N.A.as Administrative Agent BANK OF AMERICA, N.A.as Syndication Agent JP MORGAN SECURITIESLLCas... AMENDED AND RESTATED CREDIT AGREEMENT dated as of October 26, 2011, among P.F. CHANG'S CHINA BISTRO, INC., a Delaware corporation, the LENDERS party hereto, JPMORGAN CHASE BANK, N.A., a national banking association, as Administrative Agent, and BANK OF AMERICA, N.A., a national banking association, as Syndication Agent.
AMENDED AND RESTATED CREDIT AGREEMENT dated as of October 26, 2011, among P.F. CHANG'S CHINA BISTRO, INC., a Delaware corporation, the LENDERS party hereto, JPMORGAN CHASE BANK, N.A., a national banking association, as Administrative Agent, and BANK OF AMERICA, N.A., a national banking association, as Syndication Agent.
September 24th, 2002 · Common Contracts · 58 similar Nuveen Arizona Dividend Advantage Municipal Fund 3 – UNDERWRITING AGREEMENT
June 6th, 2016 · Common Contracts · 54 similar Spirit Realty Capital, Inc. – SPIRIT REALTY CAPITAL, INC. EMPLOYMENT AGREEMENT This EMPLOYMENT AGREEMENT (this Agreement”), dated as of June 3, 2016, is entered into by and between Spirit Realty Capital, Inc., a Maryland corporation (including any successors and/or assigns, the “Company”) and Boyd Messmann (the “Employee”).
This EMPLOYMENT AGREEMENT (this Agreement”), dated as of June 3, 2016, is entered into by and between Spirit Realty Capital, Inc., a Maryland corporation (including any successors and/or assigns, the “Company”) and Boyd Messmann (the “Employee”).
December 5th, 2008 · Common Contracts · 51 similar Grand Canyon Education, Inc. – GRAND CANYON EDUCATION, INC. Stock Option Agreement Grand Canyon Education, Inc. has granted to the Participant named in the Notice of Grant of Stock Option (the “Grant Notice”) to which this Stock Option Agreement (the “Option Agreement”) is attached an Option (the “Option”) to purchase certain shares of Stock upon the terms and conditions set forth in the Grant Notice and this Option Agreement. The Option has been granted pursuant to and shall in all respects be subject to the terms and conditions of the Grand Canyon Education, Inc. 2008 Equity Incentive Plan (the “Plan”), as amended to the Date of Grant, the provisions of which are incorporated herein by reference. By signing the Grant Notice, the Participant: (a) acknowledges receipt of and represents that the Participant has read and is familiar with the Grant Notice, this Option Agreement, the Plan and a prospectus for the Plan prepared in connection with the registration with the Securities and Exchange Commission of shares issuable pursuant to the Option (the “Plan Prospectus”),
Grand Canyon Education, Inc. has granted to the Participant named in the Notice of Grant of Stock Option (the “Grant Notice”) to which this Stock Option Agreement (the “Option Agreement”) is attached an Option (the “Option”) to purchase certain shares of Stock upon the terms and conditions set forth in the Grant Notice and this Option Agreement. The Option has been granted pursuant to and shall in all respects be subject to the terms and conditions of the Grand Canyon Education, Inc. 2008 Equity Incentive Plan (the “Plan”), as amended to the Date of Grant, the provisions of which are incorporated herein by reference. By signing the Grant Notice, the Participant: (a) acknowledges receipt of and represents that the Participant has read and is familiar with the Grant Notice, this Option Agreement, the Plan and a prospectus for the Plan prepared in connection with the registration with the Securities and Exchange Commission of shares issuable pursuant to the Option (the “Plan Prospectus”),
February 3rd, 2005 · Common Contracts · 46 similar Hypercom Corp – CREDIT AGREEMENT THIS CREDIT AGREEMENT (this “Agreement”) is entered into as of January 31, 2005, by and between HYPERCOM CORPORATION, a Delaware corporation (“Borrower”), and WELLS FARGO BANK, NATIONAL ASSOCIATION (“Bank”).
THIS CREDIT AGREEMENT (this “Agreement”) is entered into as of January 31, 2005, by and between HYPERCOM CORPORATION, a Delaware corporation (“Borrower”), and WELLS FARGO BANK, NATIONAL ASSOCIATION (“Bank”).
March 1st, 2013 · Common Contracts · 44 similar Ing Strategic Allocation Portfolios Inc – AMENDED AND RESTATED INVESTMENT MANAGEMENT AGREEMENT This AGREEMENT made this 1st day of March, 2002, as amended and restated on August 1, 2012, between ING STRATEGIC ALLOCATION PORTFOLIOS, INC. (the “Fund”), a Maryland corporation, and ING INVESTMENTS, LLC (the “Manager”), an Arizona limited liability company (the “Agreement”).
This AGREEMENT made this 1st day of March, 2002, as amended and restated on August 1, 2012, between ING STRATEGIC ALLOCATION PORTFOLIOS, INC. (the “Fund”), a Maryland corporation, and ING INVESTMENTS, LLC (the “Manager”), an Arizona limited liability company (the “Agreement”).
March 16th, 2004 · Common Contracts · 43 similar Zila Inc – ARTICLE I DEFINITIONS
May 6th, 2010 · Common Contracts · 41 similar Environtech Inc. – AMENDED AND RESTATED OPERATING AGREEMENT OF CACTUS WASTE SYSTEMS, LLC This Operating Agreement (the “Agreement”) of CACTUS WASTE SYSTEMS, LLC (the “Company”) is executed as of March 31, 2007, by ALLIED WASTE NORTH AMERICA, INC., a Delaware corporation, the sole member of the Company (the “Member”), and shall bind the Member, the Company, and any other person who may acquire any interest in the Company. This Agreement shall supersede and replace the Company’s Restated Operating Agreement of Cactus Waste Systems, LLC, dated July 31, 2003, in its entirety.
This Operating Agreement (the “Agreement”) of CACTUS WASTE SYSTEMS, LLC (the “Company”) is executed as of March 31, 2007, by ALLIED WASTE NORTH AMERICA, INC., a Delaware corporation, the sole member of the Company (the “Member”), and shall bind the Member, the Company, and any other person who may acquire any interest in the Company. This Agreement shall supersede and replace the Company’s Restated Operating Agreement of Cactus Waste Systems, LLC, dated July 31, 2003, in its entirety.
October 4th, 2016 · Common Contracts · 41 similar Versum Materials, Inc. – VERSUM MATERIALS, INC. the GUARANTORS party hereto from time to time AND WELLS FARGO BANK, NATIONAL ASSOCIATION, as Trustee 5.500% Senior Notes due 2024 INDENTURE Dated as of September 30, 2016 INDENTURE dated as of September 30, 2016, among VERSUM MATERIALS, INC. (the “Company”), the Guarantors party hereto from time to time and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as trustee (the “Trustee”).
INDENTURE dated as of September 30, 2016, among VERSUM MATERIALS, INC. (the “Company”), the Guarantors party hereto from time to time and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as trustee (the “Trustee”).
October 25th, 1996 · Common Contracts · 40 similar Ugly Duckling Corp – UNDERWRITING AGREEMENT
April 19th, 2022 · Common Contracts · 39 similar TILT Holdings Inc. – EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT (this “Agreement”) is made and entered into this August 16, 2019 (the “Effective Date”), by and between TILT Holdings, Inc. (the “Company”), and Mark Scatterday (the “Executive”).
THIS EMPLOYMENT AGREEMENT (this “Agreement”) is made and entered into this August 16, 2019 (the “Effective Date”), by and between TILT Holdings, Inc. (the “Company”), and Mark Scatterday (the “Executive”).
July 10th, 2017 · Common Contracts · 38 similar Mega Bridge Inc. – Contract THIS WARRANT AND THE SHARES ISSUABLE UPON EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED. THIS WARRANT AND THE SHARES ISSUABLE UPON EXERCISE OF THIS WARRANT MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT OR APPLICABLE EXEMPTION OR SAFE HARBOR PROVISION.
THIS WARRANT AND THE SHARES ISSUABLE UPON EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED. THIS WARRANT AND THE SHARES ISSUABLE UPON EXERCISE OF THIS WARRANT MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT OR APPLICABLE EXEMPTION OR SAFE HARBOR PROVISION.