HIGHPEAK ENERGY, INC. UNDERWRITING AGREEMENT 12,900,000 Shares of Common StockHighPeak Energy, Inc. • July 21st, 2023 • Drilling oil & gas wells • New York
Company FiledJuly 21st, 2023 Industry JurisdictionHighPeak Energy, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated in this Underwriting Agreement (this “Agreement”), to issue and sell to Roth Capital Partners, LLC (the “Underwriter”), an aggregate of 12,900,000 authorized but unissued shares (the “Firm Shares”) of common stock, par value $0.0001 per share (the “Common Stock”), of the Company. The Company also proposes, on the terms and subject to the conditions stated herein, to issue and sell to the Underwriter an aggregate of up to 1,935,000 additional shares of Common Stock (the “Additional Shares”), as may be necessary to cover over-allotments made in connection with the offering. The Firm Shares and Additional Shares are collectively referred to as the “Shares.”
HIGHPEAK ENERGY, INC. UNDERWRITING AGREEMENT 2,200,000 Shares of Common StockHighPeak Energy, Inc. • October 22nd, 2021 • Drilling oil & gas wells • New York
Company FiledOctober 22nd, 2021 Industry JurisdictionHighPeak Energy, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated in this Underwriting Agreement (this “Agreement”), to issue and sell to the several underwriters named on Schedule VI hereto (each, an “Underwriter” and collectively, the “Underwriters”), for whom Roth Capital Partners, LLC is acting as representative (in such capacity, the “Representative”), an aggregate of 2,200,000 authorized but unissued shares (the “Firm Shares”) of common stock, par value $0.0001 per share (the “Common Stock”), of the Company. The Company also proposes, on the terms and subject to the conditions stated herein, to issue and sell to the Underwriters an aggregate of up to 330,000 additional shares of Common Stock (the “Additional Shares”), as may be necessary to cover over-allotments made in connection with the offering. The Firm Shares and Additional Shares are collectively referred to as the “Shares.”
HIGHPEAK ENERGY, INC. UNDERWRITING AGREEMENT 5,000,000 Shares of Common StockHighPeak Energy, Inc. • August 16th, 2021 • Drilling oil & gas wells • New York
Company FiledAugust 16th, 2021 Industry JurisdictionHighPeak Energy, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated in this Underwriting Agreement (this “Agreement”), to issue and sell to the several underwriters named on Schedule VI hereto (each, an “Underwriter” and collectively, the “Underwriters”), for whom Roth Capital Partners, LLC is acting as representative (in such capacity, the “Representative”), an aggregate of 5,000,000 authorized but unissued shares (the “Firm Shares”) of common stock, par value $0.0001 per share (the “Common Stock”), of the Company. The Company also proposes, on the terms and subject to the conditions stated herein, to issue and sell to the Underwriters an aggregate of up to 750,000 additional shares of Common Stock (the “Additional Shares”), as may be necessary to cover over-allotments made in connection with the offering. The Firm Shares and Additional Shares are collectively referred to as the “Shares.”
REED’S, INC. UNDERWRITING AGREEMENT 18,750,000 Shares of Common StockReed's, Inc. • November 23rd, 2020 • Bottled & canned soft drinks & carbonated waters • New York
Company FiledNovember 23rd, 2020 Industry JurisdictionReed’s, 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 Roth Capital Partners, LLC is acting as the representative (the “Representative”), an aggregate of 18,750,000 authorized but unissued shares (the “Firm Shares”) of common stock, par value $0.0001 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 2,812,500 shares of Common Stock (the “Option Shares”). The Firm Shares and the Option Shares are hereinafter collectively referred to as the “Shares”.
DOCUMENT SECURITY SYSTEMS, INC. UNDERWRITING AGREEMENT [●] Shares of Common StockDocument Security Systems Inc • June 9th, 2020 • Paperboard containers & boxes • New York
Company FiledJune 9th, 2020 Industry JurisdictionDOCUMENT SECURITY SYSTEMS, INC., a New York 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 [●] authorized but unissued shares (the “Firm Shares”) of common stock, par value $0.02 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 [●] shares of Common Stock (the “Option Shares”). The Firm Shares and the Option Shares are hereinafter collectively referred to as the “Shares” or the “Securities.” The offering and sale of the Shares is hereinafter referred to as the “Offering.”
OPGEN, INC. UNDERWRITING AGREEMENTOpgen Inc • October 18th, 2018 • Services-medical laboratories • New York
Company FiledOctober 18th, 2018 Industry JurisdictionOpGen, 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 the representative (the “Representative”), an aggregate of 2,220,000 authorized but unissued shares (the “Firm Shares”) of common stock, par value $0.01 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 330,751 shares of Common Stock (the “Option Shares”). The Firm Shares and the Option Shares are hereinafter collectively referred to as the “Shares”. The Shares are also referred to as the “Securities.”
•] Shares of Common Stock Pre-Funded Warrants to Purchase [•] Shares of Common Stock and Warrants to Purchase [•] Shares of Common Stock AMPLIPHI BIOSCIENCES CORPORATION UNDERWRITING AGREEMENTAmpliPhi Biosciences Corp • October 9th, 2018 • Biological products, (no disgnostic substances) • New York
Company FiledOctober 9th, 2018 Industry JurisdictionAmpliPhi Biosciences Corporation, a Washington corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to H.C. Wainwright & Co., LLC, as representative (the “Representative”) of the several underwriters named in Schedule I hereto (each, an “Underwriter”), an aggregate of (a) [•] authorized but unissued shares (the “Firm Shares”) of Common Stock, par value $0.01 per share, of the Company (the “Common Stock”), (b) pre-funded warrants (the “Pre-Funded Warrants”) to purchase up to an aggregate of [•] shares of Common Stock at an exercise price of $0.01 per share and (c) warrants to purchase up to an aggregate of [•] shares of Common Stock (the “Firm Warrants” and, collectively with the Firm Shares and the Pre-Funded Warrants, the “Firm Securities”). The respective amounts of the Firm Securities to be purchased by each of the several Underwriters are set forth opposite their names on Schedule I hereto. In addition, the Company proposes to
183,433 Shares 10% Series A Cumulative Redeemable Perpetual Preferred Stock EnerJex Resources, Inc. PURCHASE AGREEMENT May 8, 2015EnerJex Resources, Inc. • May 8th, 2015 • Crude petroleum & natural gas • New York
Company FiledMay 8th, 2015 Industry Jurisdiction
CLEAN DIESEL TECHNOLOGIES, INC. 1,600,000 Shares of Common Stock, $0.01 par value. and Warrants to Purchase 800,000 Shares of Common Stock, $0.01 par value Underwriting AgreementClean Diesel Technologies Inc • June 28th, 2013 • Industrial & commercial fans & blowers & air purifing equip • New York
Company FiledJune 28th, 2013 Industry JurisdictionClean Diesel Technologies, Inc. a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the Underwriters listed in Schedule I hereto (the “Underwriters”) an aggregate of 1,600,000 authorized but unissued shares (the “Underwritten Shares”) of common stock, par value $0.01 per share (the “Common Stock”), of the Company and warrants (“Warrants”) to purchase an aggregate of 800,000 shares of Common Stock (the “Underwritten Warrants” and together with the Underwritten Shares, the “Underwritten Securities”). The Company has granted the Underwriters the option to purchase an aggregate of up to 240,000 additional shares of Common Stock (the “Additional Shares”) and/or up to an additional 120,000 Warrants (the “Additional Warrants”, and together with the Additional Shares, the “Additional Securities”) as may be necessary to cover any over-allotments made in connection with the offering. The Underwritten Shares and the Additional