Ocean Power Technologies, Inc. Sample Contracts

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WITNESSETH:
Option Agreement • November 13th, 2006 • Ocean Power Technologies, Inc. • New York
SECURITIES PURCHASE AGREEMENT
Securities Purchase Agreement • June 2nd, 2016 • Ocean Power Technologies, Inc. • Electric services • New York

This Securities Purchase Agreement (this “Agreement”) is dated as of June 2, 2016, between Ocean Power Technologies, 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”).

Shares Common Stock ($0.001 par value per Share) FORM OF UNDERWRITING AGREEMENT FORM OF UNDERWRITING AGREEMENT
Ocean Power Technologies, Inc. • April 10th, 2007 • Electric services • New York
PRE-FUNDED COMMON STOCK PURCHASE WARRANT OCEAN POWER TECHNOLOGIES, INC.
Ocean Power Technologies, Inc. • April 5th, 2019 • Electric services • New York

THIS PRE-FUNDED COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, CEDE & CO. 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 date hereof (the “Issue Date”) until this Warrant is exercised in full (the “Termination Date”) but not thereafter, to subscribe for and purchase from Ocean Power Technologies, Inc., a Delaware corporation (the “Company”), up to ________ shares of common stock, $0.001 par value, of the Company (the “Common Stock”) (as subject to adjustment hereunder, the “Warrant Shares”). 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). This Warrant shall initially be issued and maintained in the form of a security held in book-entry form and the Depository Trust Company or its nominee (“DTC”) shall initially be the sole registered holder of th

PRE-FUNDED COMMON STOCK PURCHASE WARRANT OCEAN POWER TECHNOLOGIES, INC.
Ocean Power Technologies, Inc. • April 3rd, 2019 • Electric services • New York

THIS PRE-FUNDED 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 date hereof (the “Issue Date”) until this Warrant is exercised in full (the “Termination Date”) but not thereafter, to subscribe for and purchase from Ocean Power Technologies, Inc., a Delaware corporation (the “Company”), up to ______ shares of common stock, $0.001 par value, of the Company (the “Common Stock”) (as subject to adjustment hereunder, the “Warrant Shares”). 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). This Warrant shall initially be issued and maintained in the form of a security held in book-entry form and the Depository Trust Company or its nominee (“DTC”) shall initially be the sole registered holder of this Warran

COMMON STOCK PURCHASE WARRANT OCEAN POWER TECHNOLOGIES, INC.
Common Stock Purchase Warrant • April 5th, 2019 • Ocean Power Technologies, Inc. • Electric services • New York

THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, CEDE & CO. 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 date hereof (the “Issue Date”) and on or prior to the close of business on the five year anniversary of the Issue Date and on or prior to 5:00 p.m. (New York time) on April 8, 2024 (the “Termination Date”) but not thereafter, to subscribe for and purchase from Ocean Power Technologies, Inc., a Delaware corporation (the “Company”), up to ________ shares of common stock, $0.001 par value, of the Company (the “Common Stock”) (as subject to adjustment hereunder, the “Warrant Shares”). 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). This Warrant shall initially be issued and maintained in the form of a security held in book-entry form and the

AGREEMENT FOR
Ocean Power Technologies, Inc. • April 10th, 2007 • Electric services • New Jersey
OCEAN POWER TECHNOLOGIES, INC. Shares of Common Stock (par value $0.001 per share) Controlled Equity OfferingSM Sales Agreement
Sales Agreement • August 7th, 2023 • Ocean Power Technologies, Inc. • Electric services • New York

Ocean Power Technologies, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Cantor Fitzgerald & Co. (the “Agent”), as follows:

BETWEEN
Lease Agreement • November 13th, 2006 • Ocean Power Technologies, Inc. • New Jersey
COMMON STOCK PURCHASE WARRANT OCEAN POWER TECHNOLOGIES, INC.
Ocean Power Technologies, Inc. • June 7th, 2016 • Electric services • New York

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 December 8, 2016 the six month and one day anniversary of the date hereof (the “Initial Exercise Date”) and on or prior to the close of business on the five year anniversary of the Initial Exercise Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from Ocean Power Technologies, 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).

WARRANT AGENCY AGREEMENT
Warrant Agency Agreement • April 9th, 2019 • Ocean Power Technologies, Inc. • Electric services • New York

WARRANT AGENCY AGREEMENT, dated as of April 8, 2019 (“Agreement”), between Ocean Power Technologies, Inc., a Delaware corporation (the “Company”), and Computershare Inc., a Delaware corporation, and its wholly-owned subsidiary, Computershare Trust Company, N.A., a federally chartered trust company (collectively as “Warrant Agent”).

UNDERWRITING AGREEMENT between OCEAN POWER TECHNOLOGIES, INC. and as Representative of the Several Underwriters OCEAN POWER TECHNOLOGIES, INC. UNDERWRITING AGREEMENT 4,285,680 Shares of Common Stock (and/or Pre-Funded Warrants, as applicable)...
Underwriting Agreement • April 5th, 2019 • Ocean Power Technologies, Inc. • Electric services • New York

Ocean Power Technologies, 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,” or each, an “Underwriter”), for whom A.G.P./Alliance Global Partners is acting as representative (the “Representative”), an aggregate of 4,285,680 authorized but unissued shares (the “Firm Shares”) of common stock, par value $0.001 per share (the “Common Stock”) of the Company, together with warrants to purchase up to an aggregate of 4,285,680 shares of Common Stock with an exercise price of $3.85 per share, subject to adjustment as provided therein (the “Firm Common Warrants”) in the form filed as an exhibit to the Registration Statement (as hereinafter defined). The Company also proposes to sell to the Underwriters, upon the terms and conditions set forth in Section 4 hereof, up to an additional 642,852 shares of Common Stock (the “Option Shares”) and/or (at the Underw

AT THE MARKET OFFERING AGREEMENT October 19, 2015
Market Offering Agreement • October 20th, 2015 • Ocean Power Technologies, Inc. • Electric services • New York

Ocean Power Technologies, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Rodman & Renshaw, a unit of H. C. Wainwright & Co., LLC (the “Manager”) as follows:

COMMON STOCK PURCHASE AGREEMENT
Common Stock Purchase Agreement • September 18th, 2020 • Ocean Power Technologies, Inc. • Electric services • Illinois

COMMON STOCK PURCHASE AGREEMENT (the “Agreement”), dated as of September 18, 2020, by and between OCEAN POWER TECHNOLOGIES, INC., a Delaware corporation (the “Company”), and ASPIRE CAPITAL FUND, LLC, an Illinois limited liability company (the “Buyer”). Capitalized terms used herein and not otherwise defined herein are defined in Section 10 hereof.

REGISTRATION RIGHTS AGREEMENT
Registration Rights Agreement • September 18th, 2020 • Ocean Power Technologies, Inc. • Electric services • Illinois

REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of September 18, 2020, by and between OCEAN POWER TECHNOLOGIES, INC., a Delaware corporation (the “Company”), and ASPIRE CAPITAL FUND, LLC, an Illinois limited liability company (together with its permitted assigns, the “Buyer”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings set forth in the Common Stock Purchase Agreement by and between the parties hereto, dated as of the date hereof (as amended, restated, supplemented or otherwise modified from time to time, the “Purchase Agreement”).

OCEAN POWER TECHNOLOGIES, INC. COMMON STOCK SALES AGREEMENT
Sales Agreement • March 21st, 2024 • Ocean Power Technologies, Inc. • Electric services • New York

Ocean Power Technologies, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with A.G.P./Alliance Global Partners (the “Sales Agent”), as follows:

PLACEMENT AGENCY AGREEMENT
Placement Agency Agreement • July 22nd, 2016 • Ocean Power Technologies, Inc. • Electric services • New York

Ocean Power Technologies, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell, through Roth Capital Partners, LLC (the “Placement Agent”) as placement agent, securities of the Company consisting of units (the “Units” or the “Securities”) each to purchase (x) one share (collectively, the “Shares”) of the Company’s common stock (“Common Stock”), $0.001 par value per share, and (y) 0.3 of a warrant to purchase one share of Common Stock (collectively, the “Warrants”), directly to various investors (the “Investors”) as set forth on Schedule I hereto, which Units will not be issued or certificated and the Shares and Warrants included therein will be transferable separately immediately upon issuance.

OCEAN POWER TECHNOLOGIES, INC. UNDERWRITING AGREEMENT 5,385,000 Shares of Common Stock
Underwriting Agreement • April 27th, 2017 • Ocean Power Technologies, Inc. • Electric services • New York

Ocean Power Technologies, 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,” or each, an “Underwriter”), for whom Aegis Capital Corp. is acting as representative (the “Representative”), an aggregate of 5,385,000 authorized but unissued shares (the “Firm Shares”) of common stock, par value $0.001 per share (the “Common Stock”), of the Company. The Company also proposes to sell to the Underwriters, upon the terms and conditions set forth in Section 4 hereof, up to an additional 807,750 shares of Common Stock (the “Option Shares”). The Firm Shares and the Option Shares are hereinafter collectively referred to as the “Shares”.

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AND
Service Agreement • November 13th, 2006 • Ocean Power Technologies, Inc.
OCEAN POWER TECHNOLOGIES, INC. and MATTHEW BURDYNY EMPLOYMENT AGREEMENT
Employment Agreement • November 16th, 2023 • Ocean Power Technologies, Inc. • Electric services • New Jersey

This Employment Agreement (“Agreement”) is made as of this 9th day of November 2023 (the “Effective Date”) by and between Ocean Power Technologies, Inc., a New Jersey corporation (the “Company”), and Matthew Burdyny (“Executive”).

AT THE MARKET OFFERING AGREEMENT
At the Market Offering Agreement • June 7th, 2013 • Ocean Power Technologies, Inc. • Electric services • New York

Ocean Power Technologies, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Ascendiant Capital Markets, LLC (the “Manager”) as follows:

PLACEMENT AGENCY AGREEMENT
Placement Agency Agreement • June 2nd, 2016 • Ocean Power Technologies, Inc. • Electric services • New York

Ocean Power Technologies, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell, through Roth Capital Partners, LLC (“Roth”) and Rodman & Renshaw, a unit of H. C. Wainwright & Co., LLC (“Rodman”, and together with Roth, the “Co-Placement Agents”) as co-placement agents, securities of the Company consisting of shares (“Shares”) of the Company’s common stock (“Common Stock”), $0.001 par value per share, and warrants to purchase shares of Common Stock (“Warrants”, and collectively with the Shares, the “Securities”), directly to various investors (the “Investors”) as set forth on Schedule I hereto.

AMENDED AND RESTATED EMPLOYMENT AGREEMENT
Employment Agreement • April 13th, 2009 • Ocean Power Technologies, Inc. • Electric services • New Jersey

THIS AMENDED AND RESTATED EMPLOYMENT AGREEMENT (the “Agreement”), made as of the 8 th day of April 2009 (the “Effective Date”), is entered into by Ocean Power Technologies, Inc., a New Jersey corporation with a principal place of business at 1590 Reed Road, Pennington, New Jersey 08534 (the “Company”), and George W. Taylor, an individual with his primary residence at [address deleted] (the “Employee”).

Attachment Page CONTRACT TERMS AND CONDITIONS
Ocean Power Technologies, Inc. • December 13th, 2023 • Electric services

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses:

AMENDED & RESTATED COMMON STOCK PURCHASE AGREEMENT
Common Stock Purchase Agreement • September 20th, 2024 • Ocean Power Technologies, Inc. • Electric services • California

The AMENDED & RESTATED COMMON STOCK PURCHASE AGREEMENT (the “Agreement”), dated as of September 19, 2024, by and between Ocean Power Technologies, Inc., a Delaware corporation (the “Company”), and TRITON FUNDS LP, a Delaware limited partnership (the “Investor”).

EMPLOYMENT AGREEMENT
Employment Agreement • July 29th, 2014 • Ocean Power Technologies, Inc. • Electric services • New Jersey

This Employment Agreement (“Agreement”), by and between Ocean Power Technologies, Inc. (“OPT”) and David L. Keller (“Keller”), each a “party” and both the “parties,” is dated and effective June 9, 2014.

WITNESSETH:
Agreement to Refinance • November 13th, 2006 • Ocean Power Technologies, Inc. • New Jersey
THIRD ADDENDUM TO LEASE AGREEMENT Between REED ROAD INDUSTRIAL PARK LLC #1, LANDLORD And OCEAN POWER TECHNOLOGIES, INC., TENANT
Lease Agreement • July 12th, 2013 • Ocean Power Technologies, Inc. • Electric services
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