CUI GLOBAL, INC. [ ] Shares of Common Stock (Par Value $0.001 Per Share) UNDERWRITING AND ADVISORY AGREEMENTUnderwriting Agreement • February 1st, 2012 • CUI Global, Inc. • Services-advertising • New York
Contract Type FiledFebruary 1st, 2012 Company Industry JurisdictionMerriman Capital, Inc. as Representatives of the several Underwriters named in Schedule A hereto c/o Merriman Capital, Inc. 135 East 57th Street, #86
THE FILM DEPARTMENT HOLDINGS, INC. [ ] Shares of Common Stock (Par Value $0.001 Per Share) UNDERWRITING AGREEMENTUnderwriting Agreement • June 24th, 2010 • Film Department Holdings, Inc. • Services-motion picture & video tape production • New York
Contract Type FiledJune 24th, 2010 Company Industry JurisdictionGirard Securities, Inc. as Representative of the several Underwriters named in Schedule A hereto c/o Girard Securities, Inc. 9560 Waples Street, Suite B San Diego, California 92121
THE FILM DEPARTMENT HOLDINGS, INC. [ ] Shares of Common Stock (Par Value $0.001 Per Share) UNDERWRITING AGREEMENT April ___, 2010Underwriting Agreement • April 23rd, 2010 • Film Department Holdings, Inc. • Services-motion picture & video tape production • New York
Contract Type FiledApril 23rd, 2010 Company Industry JurisdictionMerriman Curhan Ford & Co. Girard Securities, Inc. as Representatives of the several Underwriters named in Schedule A hereto c/o Merriman Curhan Ford & Co. 600 California Street, 9th Floor San Francisco, CA 94108
THE FILM DEPARTMENT HOLDINGS, INC. [ ] Shares of Common Stock (Par Value $0.001 Per Share) UNDERWRITING AGREEMENT April ___, 2010Underwriting Agreement • April 6th, 2010 • Film Department Holdings, Inc. • Services-motion picture & video tape production • New York
Contract Type FiledApril 6th, 2010 Company Industry JurisdictionMerriman Curhan Ford & Co. Girard Securities, Inc. as Representatives of the several Underwriters named in Schedule A hereto c/o Merriman Curhan Ford & Co. 600 California Street, 9th Floor San Francisco, CA 94108
MECHANICAL TECHNOLOGY, INCORPORATED Units Consisting of [ ] Shares of Common Stock and Warrants to Purchase Shares of Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • May 22nd, 2008 • Mechanical Technology Inc • Measuring & controlling devices, nec • New York
Contract Type FiledMay 22nd, 2008 Company Industry JurisdictionMerriman Curhan Ford & Co. Ardour Capital Investments, LLC c/o Merriman Curhan Ford & Co. 600 California Street, 9th Floor San Francisco, CA 94108
FIREPOND, INC. [ ] Shares of Common Stock (Par Value $0.001 Per Share) UNDERWRITING AGREEMENTUnderwriting Agreement • December 7th, 2007 • Firepond, Inc. • Services-advertising • New York
Contract Type FiledDecember 7th, 2007 Company Industry JurisdictionFirepond, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several underwriters named in Schedule A hereto (the “Underwriters”), pursuant to this underwriting agreement (the “Agreement”), an aggregate of [ ] ([ ]) shares of common stock of the Company, par value $0.001 per share (the “Common Stock”). In addition, the Company has granted to the Underwriters the option referred to in Section 3(d) hereof to purchase an aggregate of not more than an additional [ ] ([ ]) shares of Common Stock, if requested by the Underwriters in accordance with Section 3(d) hereof. It is understood that the Underwriters propose to offer the “Shares” (as defined below) to be purchased hereunder to the public upon the terms and conditions set forth in the “Registration Statement” (as defined below) after the “Effective Date” (as defined below) of the Registration Statement. As used in this Agreement, (a) the term “Firm Shares” shall mean the Common Stock to be issued and sold t
NEUROBIOLOGICAL TECHNOLOGIES, INC. 21,818,181 Shares of Common Stock (Par Value $0.001 Per Share) UNDERWRITING AGREEMENT San Francisco, California October 29, 2007Underwriting Agreement • October 31st, 2007 • Neurobiological Technologies Inc /Ca/ • Biological products, (no disgnostic substances) • New York
Contract Type FiledOctober 31st, 2007 Company Industry JurisdictionNeurobiological Technologies, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several underwriters named in Schedule A hereto (the “Underwriters”), pursuant to this underwriting agreement (the “Agreement”), an aggregate of 21,818,181 shares of common stock of the Company, par value $0.001 per share (the “Common Stock”). In addition, the Company has granted to the Underwriters the option referred to in Section 2(d) hereof to purchase an aggregate of not more than an additional 3,272,727 shares of Common Stock, if requested by the Underwriters in accordance with Section 2(d) hereof. It is understood that the Underwriters propose to offer the “Shares” (as hereinafter defined) to be purchased hereunder to the public upon the terms and conditions set forth in the “Registration Statement” (as defined below) after the “Effective Date” (as defined below) of the Registration Statement. As used in this Agreement, (a) the term “Firm Shares” shall mean the Common St
NEUROBIOLOGICAL TECHNOLOGIES, INC. [ ] Shares of Common Stock (Par Value $0.001 Per Share) FORM OF UNDERWRITING AGREEMENT San Francisco, CaliforniaUnderwriting Agreement • October 4th, 2007 • Neurobiological Technologies Inc /Ca/ • Biological products, (no disgnostic substances) • New York
Contract Type FiledOctober 4th, 2007 Company Industry Jurisdiction
FUQI INTERNATIONAL, INC. [_______] Shares of Common Stock (Par Value $0.001 Per Share) UNDERWRITING AGREEMENTUnderwriting Agreement • August 28th, 2007 • Fuqi International, Inc. • Jewelry, precious metal • New York
Contract Type FiledAugust 28th, 2007 Company Industry JurisdictionFuqi International, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several underwriters named in Schedule A hereto (the “Underwriters”), pursuant to this underwriting agreement (the “Agreement”), an aggregate of [___________] ([________]) shares of common stock of the Company, par value $0.001 per share (the “Common Stock”). In addition, the Company has granted to the Underwriters the option referred to in Section 2(d) hereof to purchase an aggregate of not more than an additional [___________] ([________]) shares of Common Stock, if requested by the Underwriters in accordance with Section 2(d) hereof. It is understood that the Underwriters propose to offer the “Shares” (as hereinafter defined) to be purchased hereunder to the public upon the terms and conditions set forth in the “Registration Statement” (as defined below) after the “Effective Date” (as defined below) of the Registration Statement. As used in this Agreement, (a) the term “Firm Shares” s
UNDERWRITING AGREEMENT _____ Shares of Common Stock (Par Value $0.001 Per Share) UNDERWRITING AGREEMENTUnderwriting Agreement • June 1st, 2007 • MMC Energy, Inc. • Cogeneration services & small power producers • New York
Contract Type FiledJune 1st, 2007 Company Industry JurisdictionAs the representative of the Underwriters, Merriman Curhan Ford & Co. has informed the Company that Merriman Curhan Ford & Co. is authorized to enter into this Agreement on behalf of the several Underwriters, and that the several Underwriters are willing, on the basis of the representations, warranties and agreements of the Company herein contained, and upon the terms but subject to the conditions herein set forth, acting severally and not jointly, to purchase the number of Firm Shares set forth opposite their respective names in Schedule A hereto, plus their pro rata portion of the Option Shares if Merriman Curhan Ford & Co. elects to exercise the over-allotment option in whole or in part for the account of the several Underwriters.
] Shares of Common Stock (Par Value $0.01 Per Share) UNDERWRITING AGREEMENTUnderwriting Agreement • May 25th, 2007 • Ap Pharma Inc /De/ • Pharmaceutical preparations • New York
Contract Type FiledMay 25th, 2007 Company Industry JurisdictionAs the representative of the Underwriters, Merriman Curhan Ford & Co. has informed the Company that Merriman Curhan Ford & Co. is authorized to enter into this Agreement on behalf of the several Underwriters, and that the several Underwriters are willing, on the basis of the representations, warranties and agreements of the Company contained, and upon the terms but subject to the conditions herein set forth, acting severally and not jointly, to purchase the number of Firm Shares set forth opposite their respective names in Schedule A hereto, plus their pro rata portion of the Option Shares if Merriman Curhan Ford & Co. elects to exercise the over-allotment option in whole or in part for the account of the several Underwriters.
VERICHIP CORPORATION 3,100,000 Shares of Common Stock (Par Value $0.01 Per Share) UNDERWRITING AGREEMENTUnderwriting Agreement • February 14th, 2007 • Applied Digital Solutions Inc • Communications equipment, nec • New York
Contract Type FiledFebruary 14th, 2007 Company Industry JurisdictionVeriChip Corporation, a Delaware corporation (the “Company”), proposes to issue and sell to the several underwriters named in Schedule A hereto (the “Underwriters”), pursuant to this underwriting agreement (the “Agreement”), an aggregate of Three Million One Hundred Thousand (3,100,000) shares of common stock of the Company, par value $0.01 per share (the “Common Stock”). In addition, the stockholder of the Company named in Schedule B hereto (the “Selling Stockholder”) has granted to the Underwriters the option referred to in Section 3(d) hereof to purchase an aggregate of not more than an additional Four Hundred Sixty Five Thousand (465,000) shares of Common Stock, if requested by the Underwriters in accordance with Section 3(d) hereof. It is understood that the Underwriters propose to offer the “Shares” (as hereinafter defined) to be purchased hereunder to the public upon the terms and conditions set forth in the “Registration Statement” (as defined below) after the “Effective Date”
VERICHIP CORPORATION [ ] Shares of Common Stock (Par Value $0.01 Per Share) UNDERWRITING AGREEMENT San Francisco, CaliforniaUnderwriting Agreement • January 22nd, 2007 • VeriChip CORP • Communications equipment, nec • New York
Contract Type FiledJanuary 22nd, 2007 Company Industry Jurisdiction
VERICHIP CORPORATION [ ] Shares of Common Stock (Par Value $0.0015 Per Share) UNDERWRITING AGREEMENTUnderwriting Agreement • May 25th, 2006 • VeriChip CORP • Communications equipment, nec • New York
Contract Type FiledMay 25th, 2006 Company Industry JurisdictionVeriChip Corporation, a Delaware corporation (the “Company”), proposes to issue and sell to the several underwriters named in Schedule A hereto (the “Underwriters”), pursuant to this underwriting agreement (the ”Agreement”), an aggregate of [ ] ([ ]) shares of common stock of the Company, par value $0.0015 per share (“Common Stock”). In addition, the Company has granted to the Underwriters the option referred to in Section 2(d) hereof to purchase an aggregate of not more than an additional [ ] ([ ]) shares of Common Stock, if requested by the Underwriters in accordance with Section 2(d) hereof. It is understood that the Underwriters propose to offer the “Shares” (as hereinafter defined) to be purchased hereunder to the public upon the terms and conditions set forth in the “Registration Statement” (as defined below) after the “Effective Date” (as defined below) of the Registration Statement. As used in this Agreement, (a) the term “Firm Shares” shall mean the Firm Shares, to be issued a
FIBERSTARS, INC. Shares of Common Stock (Par Value $.0001 Per Share) UNDERWRITING AGREEMENTUnderwriting Agreement • October 17th, 2005 • Fiberstars Inc /Ca/ • Electric lighting & wiring equipment • California
Contract Type FiledOctober 17th, 2005 Company Industry JurisdictionFiberstars, Inc., a California corporation (the “Company”), proposes to issue and sell to the several underwriters named in Schedule A hereto (the “Underwriters”), pursuant to this underwriting agreement (the ”Agreement”), an aggregate of [ ( )] shares (the “Company Firm Shares”) of common stock of the Company, par value $.0001 per share (“Common Stock”); and the shareholders of the Company named in Schedule B hereto (collectively, the “Selling Shareholders”) severally propose to sell to the several Underwriters an aggregate of [ ( )] shares of Common Stock (the “Selling Stockholder Firm Shares”) (with each Selling Stockholder selling the number of shares of Common Stock set forth opposite such Selling Stockholder’s name in Schedule B). In addition, the Company has granted to the Underwriters the option referred to in Section 3(d) hereof to purchase an aggregate of not more than an additional [ ( )] shares of Common Stock (the “Company Option Shares”), and the Selling Stockholders have
NATIONAL LAMPOON, INC. __________ Shares of Common Stock (Par Value $.0001 Per Share) UNDERWRITING AGREEMENTUnderwriting Agreement • July 5th, 2005 • National Lampoon Inc • Services-motion picture & video tape production • New York
Contract Type FiledJuly 5th, 2005 Company Industry JurisdictionNational Lampoon, Inc., a Delaware corporation (the “Company”), and James P. Jimirro (the “Selling Shareholder”) confirm their respective agreements with Merriman Curhan Ford & Co. (“Merriman or the “Representative”) and The Shemano Group, Inc. (“Shemano” and collectively with Merriman, the “Underwriters”, unless the context is otherwise), pursuant to this underwriting agreement (the “Agreement”), with respect to (i) the sale of an aggregate of ___________________ (_________) shares of common stock of the Company, par value $.0001 per share (the “Common Stock”), of which _____ shares of Common Stock will be sold by the Company and 200,000 shares of Common Stock will be sold by the Selling Stockholder (the “Selling Stockholder Shares”) and (ii) the grant by the Company to the Underwriters of the option referred to in Section 3(c) hereof to purchase an aggregate of not more than an additional ___________________________ (_________) shares of Common Stock, for the purpose of covering over
FORM OF NEPHROS, INC. UNDERWRITING AGREEMENT 2,000,000 Shares of Common Stock (Par Value $.001 Per Share)Underwriting Agreement • September 16th, 2004 • Nephros Inc • Wholesale-medical, dental & hospital equipment & supplies • New York
Contract Type FiledSeptember 16th, 2004 Company Industry JurisdictionNephros, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to The Shemano Group, Inc. (“Shemano” or the “Representative”) and National Securities Corporation (“National”, and collectively with Shemano, the “Underwriters”, unless the context is otherwise), pursuant to this underwriting agreement (the ”Agreement”), an aggregate of Two Million (2,000,000) shares of common stock of the Company, par value $.001 per share (the “Common Stock”), and to grant to the Representative, the option referred to in Section 2(c) hereof to purchase an aggregate of not more than an additional Three Hundred Thousand (300,000) shares of Common Stock, for the purpose of covering over-allotments, if requested by the Underwriters in accordance with Section 2(c) hereof. It is understood that the Underwriters propose to offer the “Shares” (as hereinafter defined) to be purchased hereunder to the public upon the terms and conditions set forth in the “Registration Statement” (as hereinafter