October 19th, 2021 · Common Contracts · 1000 similar Trevi Therapeutics, Inc. – SECURITIES PURCHASE AGREEMENT This Securities Purchase Agreement (this “Agreement”) is dated as of October 15, 2021, between Trevi Therapeutics, Inc., 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 October 15, 2021, between Trevi Therapeutics, Inc., 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”).
August 7th, 2012 · Common Contracts · 1000 similar Savient Pharmaceuticals Inc – RIGHTS AGREEMENT between Savient Pharmaceuticals, Inc. and American Stock Transfer & Trust Company, LLC, as Rights Agent Dated August 6, 2012 RIGHTS AGREEMENT, dated August 6, 2012 (the “Agreement”), between Savient Pharmaceuticals, Inc., a Delaware corporation (the “Company”), and American Stock Transfer & Trust Company, LLC, a New York limited liability company, as Rights Agent (the “Rights Agent”).
RIGHTS AGREEMENT, dated August 6, 2012 (the “Agreement”), between Savient Pharmaceuticals, Inc., a Delaware corporation (the “Company”), and American Stock Transfer & Trust Company, LLC, a New York limited liability company, as Rights Agent (the “Rights Agent”).
April 25th, 2017 · Common Contracts · 1000 similar TUTOR PERINI Corp – CREDIT AGREEMENT Dated as of April 20, 2017 among This CREDIT AGREEMENT (this “Agreement”) is entered into as of April 20, 2017, among TUTOR PERINI CORPORATION, a Massachusetts corporation (the “Borrower”), the Guarantors defined herein from time to time party hereto, each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), and SUNTRUST BANK, as Administrative Agent, Swing Line Lender and L/C Issuer.
This CREDIT AGREEMENT (this “Agreement”) is entered into as of April 20, 2017, among TUTOR PERINI CORPORATION, a Massachusetts corporation (the “Borrower”), the Guarantors defined herein from time to time party hereto, each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), and SUNTRUST BANK, as Administrative Agent, Swing Line Lender and L/C Issuer.
May 15th, 2018 · Common Contracts · 990 similar Akamai Technologies Inc – Contract CREDIT AGREEMENTdated as ofMay 10, 2018 among AKAMAI TECHNOLOGIES, INC. The Foreign Subsidiary Borrowers Party Hereto The Lenders Party Hereto JPMORGAN CHASE BANK, N.A. as Administrative AgentMORGAN STANLEY SENIOR FUNDING, INC.as Syndication Agent andBANK OF AMERICA, N.A.,HSBC BANK USA, NATIONAL ASSOCIATION,THE TORONTO-DOMINION BANK, NEW YORK BRANCH andSUMITOMO MITSUI BANKING CORPORATIONas Co-Documentation Agents JPMORGAN CHASE BANK, N.A. as Sole Bookrunner JPMORGAN CHASE BANK, N.A.,MORGAN STANLEY SENIOR FUNDING, INC.,MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED,HSBC BANK USA, NATIONAL ASSOCIATION,THE TORONTO-DOMINION BANK, NEW YORK BRANCH andSUMITOMO MITSUI BANKING CORPORATIONAs Joint Lead Arrangers
CREDIT AGREEMENTdated as ofMay 10, 2018 among AKAMAI TECHNOLOGIES, INC. The Foreign Subsidiary Borrowers Party Hereto The Lenders Party Hereto JPMORGAN CHASE BANK, N.A. as Administrative AgentMORGAN STANLEY SENIOR FUNDING, INC.as Syndication Agent andBANK OF AMERICA, N.A.,HSBC BANK USA, NATIONAL ASSOCIATION,THE TORONTO-DOMINION BANK, NEW YORK BRANCH andSUMITOMO MITSUI BANKING CORPORATIONas Co-Documentation Agents JPMORGAN CHASE BANK, N.A. as Sole Bookrunner JPMORGAN CHASE BANK, N.A.,MORGAN STANLEY SENIOR FUNDING, INC.,MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED,HSBC BANK USA, NATIONAL ASSOCIATION,THE TORONTO-DOMINION BANK, NEW YORK BRANCH andSUMITOMO MITSUI BANKING CORPORATIONAs Joint Lead Arrangers
March 24th, 2021 · Common Contracts · 914 similar Aveo Pharmaceuticals, Inc. – AVEO PHARMACEUTICALS, INC. (a Delaware corporation) 6,000,000 Shares of Common Stock UNDERWRITING AGREEMENT
August 23rd, 2007 · Common Contracts · 846 similar Global BPO Services Corp – REGISTRATION RIGHTS AGREEMENT THIS REGISTRATION RIGHTS AGREEMENT (this “Agreement”) is entered into as of the [ ] day of [ ] 2007, by and among Global BPO Services Corp., a Delaware corporation (the “Company”), and the undersigned parties listed under Investors on the signature page hereto (each, an “Investor” and collectively, the “Investors”).
THIS REGISTRATION RIGHTS AGREEMENT (this “Agreement”) is entered into as of the [ ] day of [ ] 2007, by and among Global BPO Services Corp., a Delaware corporation (the “Company”), and the undersigned parties listed under Investors on the signature page hereto (each, an “Investor” and collectively, the “Investors”).
November 17th, 2017 · Common Contracts · 686 similar Casa Systems Inc – INDEMNIFICATION AGREEMENT THIS INDEMNIFICATION AGREEMENT (this “Agreement”) is made and entered into as of [DATE], between Casa Systems, Inc., a Delaware corporation (the “Company”), and [NAME] (“Indemnitee”).
THIS INDEMNIFICATION AGREEMENT (this “Agreement”) is made and entered into as of [DATE], between Casa Systems, Inc., a Delaware corporation (the “Company”), and [NAME] (“Indemnitee”).
September 28th, 2009 · Common Contracts · 670 similar Aspect Medical Systems Inc – Contract The attached form of Indemnification Agreement has been entered into by Aspect Medical Systems, Inc., (the “Company”) and each of the below-named officers and directors of the Company on September 23, 2009:
The attached form of Indemnification Agreement has been entered into by Aspect Medical Systems, Inc., (the “Company”) and each of the below-named officers and directors of the Company on September 23, 2009:
January 31st, 2022 · Common Contracts · 627 similar Arcellx, Inc. – Number of Shares] Arcellx, Inc. UNDERWRITING AGREEMENT
March 19th, 2021 · Common Contracts · 599 similar Solid Biosciences Inc. – SOLID BIOSCIENCES INC. 25,000,000 Shares of Common Stock Underwriting Agreement Solid Biosciences Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several underwriters listed in Schedule 1 hereto (the “Underwriters”), for whom you are acting as representatives (the “Representatives”), an aggregate of 21,739,131 shares of common stock, par value $0.001 per share, of the Company (the “Underwritten Shares”), and, at the option of the Underwriters, up to an additional 3,260,869 shares of common stock of the Company (the “Option Shares”). The Underwritten Shares and the Option Shares are herein referred to as the “Shares.” The shares of common stock of the Company to be outstanding after giving effect to the sale of the Shares are referred to herein as the “Stock.”
Solid Biosciences Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several underwriters listed in Schedule 1 hereto (the “Underwriters”), for whom you are acting as representatives (the “Representatives”), an aggregate of 21,739,131 shares of common stock, par value $0.001 per share, of the Company (the “Underwritten Shares”), and, at the option of the Underwriters, up to an additional 3,260,869 shares of common stock of the Company (the “Option Shares”). The Underwritten Shares and the Option Shares are herein referred to as the “Shares.” The shares of common stock of the Company to be outstanding after giving effect to the sale of the Shares are referred to herein as the “Stock.”
August 7th, 2020 · Common Contracts · 523 similar Emergent BioSolutions Inc. – EMERGENT BIOSOLUTIONS INC. AND EACH OF THE GUARANTORS FROM TIME TO TIME PARTY HERETO 3.875% SENIOR UNSECURED NOTES DUE 2028 INDENTURE Dated as of August 7, 2020 U.S. BANK NATIONAL ASSOCIATION, as Trustee INDENTURE dated as of August 7, 2020 among Emergent BioSolutions Inc., a Delaware corporation (the “Company”), the Guarantors (as defined below) from time to time party hereto and U.S. Bank National Association, as trustee (the “Trustee”).
INDENTURE dated as of August 7, 2020 among Emergent BioSolutions Inc., a Delaware corporation (the “Company”), the Guarantors (as defined below) from time to time party hereto and U.S. Bank National Association, as trustee (the “Trustee”).
October 30th, 2018 · Common Contracts · 467 similar MKS Instruments Inc – AGREEMENT AND PLAN OF MERGER among MKS INSTRUMENTS, INC., EAS EQUIPMENT, INC. and ELECTRO SCIENTIFIC INDUSTRIES, INC. Dated as of October 29, 2018 AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of October 29, 2018, between MKS Instruments, Inc., a Massachusetts corporation (“Parent”), EAS Equipment, Inc., a Delaware corporation and a wholly owned Subsidiary of Parent (“Merger Sub”), and Electro Scientific Industries, Inc., an Oregon corporation (the “Company”).
AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of October 29, 2018, between MKS Instruments, Inc., a Massachusetts corporation (“Parent”), EAS Equipment, Inc., a Delaware corporation and a wholly owned Subsidiary of Parent (“Merger Sub”), and Electro Scientific Industries, Inc., an Oregon corporation (the “Company”).
October 4th, 2016 · Common Contracts · 426 similar Acacia Communications, Inc. – Acacia Communications, Inc. Common Stock, par value $0.0001 per share Underwriting Agreement Acacia Communications, Inc., a Delaware corporation (the “Company”) proposes subject to the terms and conditions stated herein, to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of [ ] shares of Common Stock, $0.0001 par value per share of the Company (the “Stock”), and the stockholders of the Company named in Schedule II hereto (the “Selling Stockholders”) propose, severally and not jointly, subject to the terms and conditions stated herein, to sell to the Underwriters an aggregate of [ ] shares of Stock, and, at the election of the Underwriters, certain of the Selling Stockholders propose, severally and not jointly, subject to the terms and conditions stated herein, to sell to the Underwriters, at the election of the Underwriters, up to an aggregate [ ] additional shares of Stock as set forth in Schedule II hereto. The aggregate of [ ] shares to be sold by the Company and the Selling Stockholders is herein called the “Firm Shares” and
Acacia Communications, Inc., a Delaware corporation (the “Company”) proposes subject to the terms and conditions stated herein, to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of [ ] shares of Common Stock, $0.0001 par value per share of the Company (the “Stock”), and the stockholders of the Company named in Schedule II hereto (the “Selling Stockholders”) propose, severally and not jointly, subject to the terms and conditions stated herein, to sell to the Underwriters an aggregate of [ ] shares of Stock, and, at the election of the Underwriters, certain of the Selling Stockholders propose, severally and not jointly, subject to the terms and conditions stated herein, to sell to the Underwriters, at the election of the Underwriters, up to an aggregate [ ] additional shares of Stock as set forth in Schedule II hereto. The aggregate of [ ] shares to be sold by the Company and the Selling Stockholders is herein called the “Firm Shares” and
August 12th, 2021 · Common Contracts · 419 similar Fulcrum Therapeutics, Inc. – 6,600,000 Shares FULCRUM THERAPEUTICS, INC. COMMON STOCK, PAR VALUE $0.001 PER SHARE UNDERWRITING AGREEMENT
March 12th, 2021 · Common Contracts · 374 similar Iterum Therapeutics PLC – SECURITIES PURCHASE AGREEMENT This Securities Purchase Agreement (this “Agreement”) is dated as of February 9, 2021, between Iterum Therapeutics plc, an Irish incorporated public limited company (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 February 9, 2021, between Iterum Therapeutics plc, an Irish incorporated public limited company (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”).
October 16th, 2020 · Common Contracts · 370 similar Invivo Therapeutics Holdings Corp. – SECURITIES PURCHASE AGREEMENT This Securities Purchase Agreement (this “Agreement”) is dated as of ______ __, 2020, between InVivo Therapeutics Holdings Corp., a Nevada 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 ______ __, 2020, between InVivo Therapeutics Holdings Corp., a Nevada corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”).
December 14th, 2021 · Common Contracts · 368 similar Jackson Acquisition Co – INDEMNITY AGREEMENT THIS INDEMNITY AGREEMENT (this “Agreement”) is made as of December 8, 2021 by and between Jackson Acquisition Company, a Delaware corporation (the “Company”), and Douglas B. Kline (“Indemnitee”).
THIS INDEMNITY AGREEMENT (this “Agreement”) is made as of December 8, 2021 by and between Jackson Acquisition Company, a Delaware corporation (the “Company”), and Douglas B. Kline (“Indemnitee”).
October 5th, 2007 · Common Contracts · 362 similar Global BPO Services Corp – WARRANT AGREEMENT This Warrant Agreement is made as of [ ], 2007, between Global BPO Services Corp., a Delaware corporation, with offices at 177 Beacon Street, Unit 4 Boston, MA 02116 (the “Company”), and Continental Stock Transfer & Trust Company, a New York corporation, with offices at 17 Battery Place, New York, New York 10004 (the “Warrant Agent”).
This Warrant Agreement is made as of [ ], 2007, between Global BPO Services Corp., a Delaware corporation, with offices at 177 Beacon Street, Unit 4 Boston, MA 02116 (the “Company”), and Continental Stock Transfer & Trust Company, a New York corporation, with offices at 17 Battery Place, New York, New York 10004 (the “Warrant Agent”).
January 4th, 2016 · Common Contracts · 338 similar Editas Medicine, Inc. – Contract THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR THE SECURITIES LAWS OF ANY STATE AND, EXCEPT AS SET FORTH IN SECTIONS 5.3 AND 5.4 BELOW, MAY NOT BE OFFERED, SOLD, PLEDGED OR OTHERWISE TRANSFERRED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND LAWS OR, IN THE OPINION OF LEGAL COUNSEL IN FORM AND SUBSTANCE SATISFACTORY TO THE ISSUER, SUCH OFFER, SALE, PLEDGE OR OTHER TRANSFER IS EXEMPT FROM SUCH REGISTRATION.
THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR THE SECURITIES LAWS OF ANY STATE AND, EXCEPT AS SET FORTH IN SECTIONS 5.3 AND 5.4 BELOW, MAY NOT BE OFFERED, SOLD, PLEDGED OR OTHERWISE TRANSFERRED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND LAWS OR, IN THE OPINION OF LEGAL COUNSEL IN FORM AND SUBSTANCE SATISFACTORY TO THE ISSUER, SUCH OFFER, SALE, PLEDGE OR OTHER TRANSFER IS EXEMPT FROM SUCH REGISTRATION.
December 18th, 2020 · Common Contracts · 337 similar Arvinas, Inc. – Arvinas, Inc. Common Stock Underwriting Agreement Arvinas, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated in this agreement (this “Agreement”), to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”), for whom you are acting as the representatives (the “Representatives”), an aggregate of 5,714,286 shares (the “Firm Shares”) and, at the election of the Underwriters, up to 857,142 additional shares (the “Optional Shares”) of common stock, par value $0.001 per share (“Stock”), of the Company (the Firm Shares and the Optional Shares that the Underwriters elect to purchase pursuant to Section 2 hereof being collectively called the “Shares”).
Arvinas, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated in this agreement (this “Agreement”), to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”), for whom you are acting as the representatives (the “Representatives”), an aggregate of 5,714,286 shares (the “Firm Shares”) and, at the election of the Underwriters, up to 857,142 additional shares (the “Optional Shares”) of common stock, par value $0.001 per share (“Stock”), of the Company (the Firm Shares and the Optional Shares that the Underwriters elect to purchase pursuant to Section 2 hereof being collectively called the “Shares”).
August 9th, 2021 · Common Contracts · 317 similar Ocular Therapeutix, Inc – OCULAR THERAPEUTIX, INC. Shares of Common Stock (par value $0.0001 per share) Open Market Sale AgreementSM Ocular Therapeutix, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Jefferies LLC (the “Agent”), as follows:
Ocular Therapeutix, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Jefferies LLC (the “Agent”), as follows:
May 22nd, 2018 · Common Contracts · 305 similar Akamai Technologies Inc – Insert Dealer Name] The purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the call option transaction entered into between [______] (“Dealer”) and Akamai Technologies, Inc. (“Counterparty”) as of the Trade Date specified below (the “Transaction”). This letter agreement constitutes a “Confirmation” as referred to in the ISDA Master Agreement specified below. This Confirmation shall replace any previous agreements and serve as the final documentation for the Transaction.
The purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the call option transaction entered into between [______] (“Dealer”) and Akamai Technologies, Inc. (“Counterparty”) as of the Trade Date specified below (the “Transaction”). This letter agreement constitutes a “Confirmation” as referred to in the ISDA Master Agreement specified below. This Confirmation shall replace any previous agreements and serve as the final documentation for the Transaction.
January 20th, 2021 · Common Contracts · 300 similar Syros Pharmaceuticals, Inc. – SYROS PHARMACEUTICALS, INC. 5,400,000 shares of common stock, par value $0.001 per share (the “Common Stock”) Underwriting Agreement Syros Pharmaceuticals, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several underwriters listed in Schedule 1 hereto (the “Underwriters”), for whom you are acting as representatives (the “Representatives”), an aggregate of 5,400,000 shares of Common Stock of the Company (the “Underwritten Shares”) and, at the option of the Underwriters, up to an additional 810,000 shares of Common Stock of the Company (the “Option Shares”). The Underwritten Shares and the Option Shares are herein referred to as the “Shares”. The shares of Common Stock of the Company to be outstanding after giving effect to the sale of the Shares are referred to herein as the “Stock”.
Syros Pharmaceuticals, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several underwriters listed in Schedule 1 hereto (the “Underwriters”), for whom you are acting as representatives (the “Representatives”), an aggregate of 5,400,000 shares of Common Stock of the Company (the “Underwritten Shares”) and, at the option of the Underwriters, up to an additional 810,000 shares of Common Stock of the Company (the “Option Shares”). The Underwritten Shares and the Option Shares are herein referred to as the “Shares”. The shares of Common Stock of the Company to be outstanding after giving effect to the sale of the Shares are referred to herein as the “Stock”.
June 26th, 2020 · Common Contracts · 290 similar Pandion Therapeutics Holdco LLC – LOAN AND SECURITY AGREEMENT THIS LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of November 8, 2019 (the “Effective Date”) by and among (a) SILICON VALLEY BANK, a California corporation with a loan production office located at 275 Grove Street, Suite 2-200, Newton, Massachusetts 02466 (“Bank”), and (b) PANDION THERAPEUTICS, INC., a Delaware corporation (“Borrower”), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. The parties agree as follows:
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of November 8, 2019 (the “Effective Date”) by and among (a) SILICON VALLEY BANK, a California corporation with a loan production office located at 275 Grove Street, Suite 2-200, Newton, Massachusetts 02466 (“Bank”), and (b) PANDION THERAPEUTICS, INC., a Delaware corporation (“Borrower”), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. The parties agree as follows:
June 15th, 2011 · Common Contracts · 264 similar Danaher Corp /De/ – DANAHER CORPORATION (a Delaware corporation) 17,500,000 Shares of Common Stock PURCHASE AGREEMENT Danaher Corporation, a Delaware corporation (the “Company”), confirms its agreement with each of the Underwriters named in Schedule A hereto (collectively, the “Underwriters,” which term shall also include any underwriter substituted as hereinafter provided in Section 10 hereof), for whom Citigroup Global Markets Inc., Morgan Stanley & Co. LLC, Barclays Capital Inc. and UBS Securities LLC are acting as representatives (in such capacity, the “Representatives”), with respect to the issue and sale by the Company and the purchase by the Underwriters, acting severally and not jointly, of the respective numbers of shares of Common Stock, par value $0.01 per share, of the Company (“Common Stock”) set forth in said Schedule A, and with respect to the grant by the Company to the Underwriters, acting severally and not jointly, of the option described in Section 2(b) hereof to purchase all or any part of 1,750,000 additional shares of Common Stock. The aforesaid 17,500,000 shares of Common Stock
Danaher Corporation, a Delaware corporation (the “Company”), confirms its agreement with each of the Underwriters named in Schedule A hereto (collectively, the “Underwriters,” which term shall also include any underwriter substituted as hereinafter provided in Section 10 hereof), for whom Citigroup Global Markets Inc., Morgan Stanley & Co. LLC, Barclays Capital Inc. and UBS Securities LLC are acting as representatives (in such capacity, the “Representatives”), with respect to the issue and sale by the Company and the purchase by the Underwriters, acting severally and not jointly, of the respective numbers of shares of Common Stock, par value $0.01 per share, of the Company (“Common Stock”) set forth in said Schedule A, and with respect to the grant by the Company to the Underwriters, acting severally and not jointly, of the option described in Section 2(b) hereof to purchase all or any part of 1,750,000 additional shares of Common Stock. The aforesaid 17,500,000 shares of Common Stock
April 1st, 2021 · Common Contracts · 253 similar IMARA Inc. – IMARA INC. Shares of Common Stock (par value $0.001 per share) Controlled Equity OfferingSM Sales Agreement IMARA Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Cantor Fitzgerald & Co. (the “Agent”), as follows:
IMARA Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Cantor Fitzgerald & Co. (the “Agent”), as follows:
December 13th, 2012 · Common Contracts · 237 similar Bottomline Technologies Inc /De/ – BOTTOMLINE TECHNOLOGIES (de), INC. Bottomline Technologies (de), Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several Underwriters listed in Schedule 1 hereto (the “Underwriters”), for whom you are acting as representative (the “Representative”), $165,000,000 principal amount of its 1.50% Convertible Senior Notes due 2017 (the “Underwritten Securities”) and, at the option of the Underwriters, up to an additional $24,750,000 principal amount of its 1.50% Convertible Senior Notes due 2017 (the “Option Securities”) if and to the extent that the Underwriters shall have determined to exercise the option to purchase such 1.50% Convertible Senior Notes due 2017 granted to the Underwriters in Section 2 hereof. The Underwritten Securities and the Option Securities are herein referred to as the “Securities”. The Securities will be convertible into cash up to the aggregate principal amount of the Securities being converted and shares (the “Underlying Securities”) of common stock of the Company, p
Bottomline Technologies (de), Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several Underwriters listed in Schedule 1 hereto (the “Underwriters”), for whom you are acting as representative (the “Representative”), $165,000,000 principal amount of its 1.50% Convertible Senior Notes due 2017 (the “Underwritten Securities”) and, at the option of the Underwriters, up to an additional $24,750,000 principal amount of its 1.50% Convertible Senior Notes due 2017 (the “Option Securities”) if and to the extent that the Underwriters shall have determined to exercise the option to purchase such 1.50% Convertible Senior Notes due 2017 granted to the Underwriters in Section 2 hereof. The Underwritten Securities and the Option Securities are herein referred to as the “Securities”. The Securities will be convertible into cash up to the aggregate principal amount of the Securities being converted and shares (the “Underlying Securities”) of common stock of the Company, p
September 18th, 2018 · Common Contracts · 229 similar Entasis Therapeutics Holdings Inc. – ] Shares Entasis Therapeutics Holdings Inc. COMMON STOCK, PAR VALUE $0.001 PER SHARE UNDERWRITING AGREEMENT This press release is not an offer for sale of the securities in the United States or in any other jurisdiction where such offer is prohibited, and such securities may not be offered or sold in the United States absent registration or an exemption from registration under the United States Securities Act of 1933, as amended.
This press release is not an offer for sale of the securities in the United States or in any other jurisdiction where such offer is prohibited, and such securities may not be offered or sold in the United States absent registration or an exemption from registration under the United States Securities Act of 1933, as amended.
October 31st, 2008 · Common Contracts · 218 similar State Street Corp – WARRANT TO PURCHASE COMMON STOCK THE SECURITIES REPRESENTED BY THIS INSTRUMENT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR THE SECURITIES LAWS OF ANY STATE AND MAY NOT BE TRANSFERRED, SOLD OR OTHERWISE DISPOSED OF EXCEPT WHILE A REGISTRATION STATEMENT RELATING THERETO IS IN EFFECT UNDER SUCH ACT AND APPLICABLE STATE SECURITIES LAWS OR PURSUANT TO AN EXEMPTION FROM REGISTRATION UNDER SUCH ACT OR SUCH LAWS. THIS INSTRUMENT IS ISSUED SUBJECT TO THE RESTRICTIONS ON TRANSFER AND OTHER PROVISIONS OF A SECURITIES PURCHASE AGREEMENT BETWEEN THE ISSUER OF THESE SECURITIES AND THE INVESTOR REFERRED TO THEREIN, A COPY OF WHICH IS ON FILE WITH THE ISSUER. THE SECURITIES REPRESENTED BY THIS INSTRUMENT MAY NOT BE SOLD OR OTHERWISE TRANSFERRED EXCEPT IN COMPLIANCE WITH SAID AGREEMENT. ANY SALE OR OTHER TRANSFER NOT IN COMPLIANCE WITH SAID AGREEMENT WILL BE VOID.
THE SECURITIES REPRESENTED BY THIS INSTRUMENT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR THE SECURITIES LAWS OF ANY STATE AND MAY NOT BE TRANSFERRED, SOLD OR OTHERWISE DISPOSED OF EXCEPT WHILE A REGISTRATION STATEMENT RELATING THERETO IS IN EFFECT UNDER SUCH ACT AND APPLICABLE STATE SECURITIES LAWS OR PURSUANT TO AN EXEMPTION FROM REGISTRATION UNDER SUCH ACT OR SUCH LAWS. THIS INSTRUMENT IS ISSUED SUBJECT TO THE RESTRICTIONS ON TRANSFER AND OTHER PROVISIONS OF A SECURITIES PURCHASE AGREEMENT BETWEEN THE ISSUER OF THESE SECURITIES AND THE INVESTOR REFERRED TO THEREIN, A COPY OF WHICH IS ON FILE WITH THE ISSUER. THE SECURITIES REPRESENTED BY THIS INSTRUMENT MAY NOT BE SOLD OR OTHERWISE TRANSFERRED EXCEPT IN COMPLIANCE WITH SAID AGREEMENT. ANY SALE OR OTHER TRANSFER NOT IN COMPLIANCE WITH SAID AGREEMENT WILL BE VOID.
June 17th, 2013 · Common Contracts · 213 similar Eaton Vance Corp – Eaton Vance Corp. Underwriting Agreement Eaton Vance Corp., a corporation organized under the laws of Maryland (the “Company”), proposes to sell to the several underwriters named in Schedule II hereto (the “Underwriters”), for whom you (the “Representatives”) are acting as representatives, the principal amount of its securities identified in Schedule I hereto (the “Securities”), to be issued under an indenture (the “Indenture”) dated as of October 2, 2007, between the Company and Wilmington Trust, National Association, as trustee (the “Trustee”). To the extent there are no additional Underwriters listed on Schedule I other than you, the term Representatives, as used herein, shall mean you, as Underwriters, and the terms Representatives and Underwriters shall mean either the singular or plural as the context requires. Any reference herein to the Registration Statement, the Base Prospectus, any Preliminary Prospectus or the Final Prospectus shall be deemed to refer to and include the documents incorporated by reference therein
Eaton Vance Corp., a corporation organized under the laws of Maryland (the “Company”), proposes to sell to the several underwriters named in Schedule II hereto (the “Underwriters”), for whom you (the “Representatives”) are acting as representatives, the principal amount of its securities identified in Schedule I hereto (the “Securities”), to be issued under an indenture (the “Indenture”) dated as of October 2, 2007, between the Company and Wilmington Trust, National Association, as trustee (the “Trustee”). To the extent there are no additional Underwriters listed on Schedule I other than you, the term Representatives, as used herein, shall mean you, as Underwriters, and the terms Representatives and Underwriters shall mean either the singular or plural as the context requires. Any reference herein to the Registration Statement, the Base Prospectus, any Preliminary Prospectus or the Final Prospectus shall be deemed to refer to and include the documents incorporated by reference therein
November 8th, 2017 · Common Contracts · 202 similar Voyager Therapeutics, Inc. – Voyager Therapeutics, Inc. Common Stock UNDERWRITING AGREEMENT
August 13th, 2021 · Common Contracts · 195 similar Akouos, Inc. – AKOUOS, INC. COMMON STOCK SALES AGREEMENT Akouos, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Cowen and Company, LLC (“Cowen”), as follows:
Akouos, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Cowen and Company, LLC (“Cowen”), as follows:
March 12th, 2015 · Common Contracts · 184 similar Tetraphase Pharmaceuticals Inc – TETRAPHASE PHARMACEUTICALS, INC. Common Stock UNDERWRITING AGREEMENT Tetraphase Pharmaceuticals, Inc., a Delaware corporation (the “Company”), proposes to sell 4,300,000 shares (the “Firm Stock”) of the Company’s common stock, par value $0.001 per share (the “Common Stock”). In addition, the Company proposes to grant to the underwriters (the “Underwriters”) named in Schedule I attached to this agreement (this “Agreement”) an option to purchase up to 645,000 additional shares of the Common Stock on the terms set forth in Section 2 (the “Option Stock”). The Firm Stock and the Option Stock, if purchased, are hereinafter collectively called the “Stock”. This Agreement is to confirm the agreement concerning the purchase of the Stock from the Company by the Underwriters.
Tetraphase Pharmaceuticals, Inc., a Delaware corporation (the “Company”), proposes to sell 4,300,000 shares (the “Firm Stock”) of the Company’s common stock, par value $0.001 per share (the “Common Stock”). In addition, the Company proposes to grant to the underwriters (the “Underwriters”) named in Schedule I attached to this agreement (this “Agreement”) an option to purchase up to 645,000 additional shares of the Common Stock on the terms set forth in Section 2 (the “Option Stock”). The Firm Stock and the Option Stock, if purchased, are hereinafter collectively called the “Stock”. This Agreement is to confirm the agreement concerning the purchase of the Stock from the Company by the Underwriters.
September 25th, 2019 · Common Contracts · 184 similar Thermo Fisher Scientific Inc. – THERMO FISHER SCIENTIFIC INC. Introductory. Thermo Fisher Scientific Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several underwriters named in Schedule A hereto (the “Underwriters”), acting severally and not jointly, the respective amounts set forth in such Schedule A of $900,000,000 aggregate principal amount of the Company’s 2.600% Senior Notes due 2029 (the “Notes”). BofA Securities, Inc., Goldman Sachs & Co. LLC, Credit Suisse Securities (USA) LLC and HSBC Securities (USA) Inc. have agreed to act as representatives of the several Underwriters (in such capacity, the “Representatives”) in connection with the offering and sale of the Notes.
Introductory. Thermo Fisher Scientific Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several underwriters named in Schedule A hereto (the “Underwriters”), acting severally and not jointly, the respective amounts set forth in such Schedule A of $900,000,000 aggregate principal amount of the Company’s 2.600% Senior Notes due 2029 (the “Notes”). BofA Securities, Inc., Goldman Sachs & Co. LLC, Credit Suisse Securities (USA) LLC and HSBC Securities (USA) Inc. have agreed to act as representatives of the several Underwriters (in such capacity, the “Representatives”) in connection with the offering and sale of the Notes.
November 28th, 2017 · Common Contracts · 181 similar Argos Therapeutics Inc – REGISTRATION RIGHTS AGREEMENT This Registration Rights Agreement (this “Agreement”) is made and entered into as of November 22, 2017 by and among Argos Therapeutics, Inc., a Delaware corporation (the “Company”), and Saint-Gobain Plastics Performance Corporation, a California corporation (“Saint-Gobain”).
This Registration Rights Agreement (this “Agreement”) is made and entered into as of November 22, 2017 by and among Argos Therapeutics, Inc., a Delaware corporation (the “Company”), and Saint-Gobain Plastics Performance Corporation, a California corporation (“Saint-Gobain”).