BEYOND MEAT, INC. Common Stock ($0.0001 par value per share) Having an Aggregate Offering Price of up to Equity Distribution AgreementEquity Distribution Agreement • November 7th, 2024 • Beyond Meat, Inc. • Food and kindred products • New York
Contract Type FiledNovember 7th, 2024 Company Industry Jurisdiction
lENDINGTREE, INC. Common Stock ($0.01 par value) Having an Aggregate Offering Price of up to Equity Distribution AgreementEquity Distribution Agreement • July 31st, 2024 • LendingTree, Inc. • Loan brokers • New York
Contract Type FiledJuly 31st, 2024 Company Industry Jurisdiction
VROOM, INC. Common Stock ($0.001 par value) Having an Aggregate Offering Price of up to Equity Distribution AgreementEquity Distribution Agreement • December 1st, 2023 • Vroom, Inc. • Retail-auto dealers & gasoline stations • New York
Contract Type FiledDecember 1st, 2023 Company Industry JurisdictionVroom, Inc., a Delaware corporation (the “Company”) confirms its agreement (this “Agreement”) with Virtu Americas LLC (“Virtu”) (the “Manager”)
BIOHAVEN LTD. Common Shares (without par value) Having an Aggregate Offering Price of up to Equity Distribution AgreementEquity Distribution Agreement • October 3rd, 2023 • Biohaven Ltd. • Pharmaceutical preparations • New York
Contract Type FiledOctober 3rd, 2023 Company Industry JurisdictionBiohaven Ltd., a British Virgin Islands business company (the “Company”), confirms its agreement (this “Agreement”) with J.P. Morgan Securities LLC (the “Manager”) as follows:
Common Stock ($0.001 par value) Having an Aggregate Offering Price of up to Equity Distribution AgreementEquity Distribution Agreement • August 10th, 2023 • Senseonics Holdings, Inc. • Industrial instruments for measurement, display, and control • New York
Contract Type FiledAugust 10th, 2023 Company Industry Jurisdiction
KARUNA THERAPEUTICS, INC. Common Stock ($0.0001 par value) Equity Distribution AgreementEquity Distribution Agreement • June 21st, 2023 • Karuna Therapeutics, Inc. • Pharmaceutical preparations • New York
Contract Type FiledJune 21st, 2023 Company Industry Jurisdiction
BEYOND MEAT, INC. Common Stock ($0.0001 par value per share) Having an Aggregate Offering Price of up to Equity Distribution AgreementEquity Distribution Agreement • May 11th, 2023 • Beyond Meat, Inc. • Food and kindred products • New York
Contract Type FiledMay 11th, 2023 Company Industry JurisdictionBeyond Meat, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Goldman Sachs & Co. LLC (“Goldman”) (the “Manager”) as follows:
ARCUS BIOSCIENCES, INC. Common Stock ($0.0001 par value) Having an Aggregate Offering Price of up to Equity Distribution AgreementEquity Distribution Agreement • February 28th, 2023 • Arcus Biosciences, Inc. • Pharmaceutical preparations • New York
Contract Type FiledFebruary 28th, 2023 Company Industry JurisdictionArcus Biosciences, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Goldman Sachs & Co. LLC (“Goldman”) and SVB Securities LLC (“SVB Securities”) (each, a “Manager” and, collectively, the “Managers”) as follows:
Amicus Therapeutics, Inc. Common Stock ($0.01 par value) Having an Aggregate Offering Price of up to $250 million Equity Distribution AgreementEquity Distribution Agreement • November 7th, 2022 • Amicus Therapeutics, Inc. • Pharmaceutical preparations • New York
Contract Type FiledNovember 7th, 2022 Company Industry JurisdictionAmicus Therapeutics, Inc., a Delaware corporation (the “Company”) confirms its agreement (this “Agreement”) with Goldman Sachs & Co. LLC (“Goldman”), (the “Manager”) as follows:
Danimer Scientific, Inc. $100,000,000 Class A Common Stock ($0.0001 par value per share) Equity Distribution AgreementEquity Distribution Agreement • September 7th, 2022 • Danimer Scientific, Inc. • Plastic materials, synth resins & nonvulcan elastomers • New York
Contract Type FiledSeptember 7th, 2022 Company Industry JurisdictionDanimer Scientific, Inc., a corporation organized under the laws of Delaware (the “Company”), confirms its agreement (this “Agreement”) with Citigroup Global Markets Inc. (the “Manager”) as follows:
FIBROGEN, INC. Common Stock ($0.01 par value) Having an Aggregate Offering Price of up to $200 Million Equity Distribution AgreementEquity Distribution Agreement • August 8th, 2022 • Fibrogen Inc • Pharmaceutical preparations • New York
Contract Type FiledAugust 8th, 2022 Company Industry JurisdictionFibroGen, Inc., a Delaware corporation (the “Company”) confirms its agreement (this “Agreement”) with Goldman, Sachs & Co. LLC (the “Manager”) as follows:
bluebird bio, Inc. Common Stock, par value $0.01 per share Having an Aggregate Offering Price of up to Equity Distribution AgreementEquity Distribution Agreement • June 22nd, 2022 • Bluebird Bio, Inc. • Biological products, (no disgnostic substances) • New York
Contract Type FiledJune 22nd, 2022 Company Industry Jurisdictionbluebird bio, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Goldman Sachs & Co. LLC (the “Manager”) as follows:
eversource energy Common Shares ($5.00 par value) Having an Aggregate Offering Price of up to Equity Distribution AgreementEquity Distribution Agreement • May 11th, 2022 • Eversource Energy • Electric services • New York
Contract Type FiledMay 11th, 2022 Company Industry JurisdictionEversource Energy, a voluntary association and Massachusetts business trust (the “Company”), confirms its agreement (this “Agreement”) with Goldman Sachs & Co. LLC (“Goldman”); Barclays Capital Inc.; Citigroup Global Markets Inc.; Wells Fargo Securities, LLC; Morgan Stanley & Co. LLC; and J.P. Morgan Securities LLC (each a “Manager” and, collectively, the “Managers”) as follows:
DENALI THERAPEUTICS INC. Common Stock ($0.01 par value) Having an Aggregate Offering Price of up to $400,000,000 Equity Distribution AgreementEquity Distribution Agreement • February 28th, 2022 • Denali Therapeutics Inc. • Biological products, (no disgnostic substances) • New York
Contract Type FiledFebruary 28th, 2022 Company Industry JurisdictionDenali Therapeutics Inc., a Delaware corporation (the “Company”) confirms its agreement (this “Agreement”) with Goldman, Sachs & Co. LLC (“Goldman”), SVB Securities LLC (“SVB Securities”) and Cantor Fitzgerald & Co. (“Cantor”) (each a “Manager” and, collectively, the “Managers”) as follows:
DENALI THERAPEUTICS INC. Common Stock ($0.01 par value) Having an Aggregate Offering Price of up to $400,000,000 Equity Distribution AgreementEquity Distribution Agreement • February 28th, 2022 • Denali Therapeutics Inc. • Biological products, (no disgnostic substances) • New York
Contract Type FiledFebruary 28th, 2022 Company Industry JurisdictionDenali Therapeutics Inc., a Delaware corporation (the “Company”) confirms its agreement (this “Agreement”) with Goldman, Sachs & Co. LLC (“Goldman”), SVB Securities LLC (“SVB Securities”) and Cantor Fitzgerald & Co. (“Cantor”) (each a “Manager” and, collectively, the “Managers”) as follows:
Applied Therapeutics, Inc. Up to $100,000,000 of Common Stock ($0.0001 par value) Equity Distribution AgreementEquity Distribution Agreement • January 26th, 2022 • Applied Therapeutics Inc. • Pharmaceutical preparations • New York
Contract Type FiledJanuary 26th, 2022 Company Industry Jurisdiction
LTC Properties, Inc. Shares of Common Stock ($0.01 par value per share) Equity Distribution AgreementEquity Distribution Agreement • November 19th, 2021 • LTC Properties Inc • Real estate investment trusts • New York
Contract Type FiledNovember 19th, 2021 Company Industry JurisdictionLTC Properties, Inc., a Maryland corporation qualified as a real estate investment trust (the “Company”), confirms its agreement (this “Agreement”) with Huntington Securities, Inc. (the “Manager”) as follows:
PHASEBIO PHARMACEUTICALS, INC. $55,000,000 Shares Common Stock ($0.001 par value) Equity Distribution AgreementEquity Distribution Agreement • November 10th, 2021 • PhaseBio Pharmaceuticals Inc • Pharmaceutical preparations • New York
Contract Type FiledNovember 10th, 2021 Company Industry JurisdictionPhaseBio Pharmaceuticals, Inc., a corporation organized under the laws of Delaware (the “Company”), confirms its agreement (this “Agreement”) with William Blair & Company, L.L.C. (the “Manager”) as follows:
CLEAN ENERGY FUELS CORP. Common Stock ($0.0001 par value) Equity Distribution Agreement June 7, 2021Equity Distribution Agreement • June 7th, 2021 • Clean Energy Fuels Corp. • Gas & other services combined • New York
Contract Type FiledJune 7th, 2021 Company Industry JurisdictionThis Equity Distribution Agreement, dated as of June 7, 2021, by and between Clean Energy Fuels Corp., a corporation organized under the laws of Delaware (the “Company”), and Goldman Sachs & Co. LLC (the “Manager”). The Company and the Manager confirm their agreement (this “Agreement”) as follows:
CLEAN ENERGY FUELS CORP. Common Stock ($0.0001 par value) Equity Distribution Agreement May 10, 2021Equity Distribution Agreement • May 10th, 2021 • Clean Energy Fuels Corp. • Gas & other services combined • New York
Contract Type FiledMay 10th, 2021 Company Industry JurisdictionThis Equity Distribution Agreement, dated as of May 10, 2021, by and between Clean Energy Fuels Corp., a corporation organized under the laws of Delaware (the “Company”), and Goldman Sachs & Co. LLC (the “Manager”). The Company and the Manager confirm their agreement (this “Agreement”) as follows:
KEURIG DR PEPPER INC. Up to 4,300,000 Shares Common Stock ($0.01 par value) Equity Distribution AgreementEquity Distribution Agreement • March 1st, 2021 • Keurig Dr Pepper Inc. • Beverages • New York
Contract Type FiledMarch 1st, 2021 Company Industry JurisdictionKEURIG DR PEPPER INC., a Delaware corporation (the “Company”) confirms its agreement (this “Agreement”) with Goldman Sachs & Co. LLC (the “Manager”) as follows:
EQUITY DISTRIBUTION AGREEMENT February 4, 2021Equity Distribution Agreement • February 4th, 2021 • Triumph Group Inc • Aircraft & parts • New York
Contract Type FiledFebruary 4th, 2021 Company Industry JurisdictionTriumph Group, Inc., a corporation organized under the laws of Delaware (the “Company”), confirms its agreement (this “Agreement”) with Citigroup Global Markets Inc. (the “Manager”) as set forth below.
BIOHAVEN PHARMACEUTICAL HOLDING COMPANY LTD. Common Shares (without par value) Having an Aggregate Offering Price of up to Equity Distribution AgreementEquity Distribution Agreement • December 23rd, 2020 • Biohaven Pharmaceutical Holding Co Ltd. • Pharmaceutical preparations • New York
Contract Type FiledDecember 23rd, 2020 Company Industry JurisdictionBiohaven Pharmaceutical Holding Company Ltd., a British Virgin Islands business company (the “Company”), confirms its agreement (this “Agreement”) with Goldman Sachs & Co. LLC, Piper Sandler & Co. LLC, SVB Leerink LLC, Canaccord Genuity LLC, Mizuho Securities USA LLC, Wedbush Securities Inc., and William Blair & Company L.L.C. (each a “Manager” and, collectively, the “Managers”) as follows:
Having an Aggregate Offering Price of up to Equity Distribution AgreementEquity Distribution Agreement • November 4th, 2020 • Flexion Therapeutics Inc • Pharmaceutical preparations • New York
Contract Type FiledNovember 4th, 2020 Company Industry JurisdictionFlexion Therapeutics, Inc., a Delaware corporation (the “Company”) confirms its agreement (this “Agreement”) with Goldman, Sachs & Co. LLC (“Goldman”) and Credit Suisse Securities (USA) LLC (“Credit Suisse”) (each a “Manager” and, together, the “Managers”) as follows:
KARUNA THERAPEUTICS, INC. Up to $150,000,000 of Common Stock ($0.0001 par value) Equity Distribution AgreementEquity Distribution Agreement • July 2nd, 2020 • Karuna Therapeutics, Inc. • Pharmaceutical preparations • New York
Contract Type FiledJuly 2nd, 2020 Company Industry JurisdictionKaruna Therapeutics, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Goldman Sachs & Co. LLC (the “Manager”) as follows. To the extent there is a single Manager, all references to the “Managers” and the “Designated Manager” as used herein shall refer only to Goldman Sachs & Co. LLC, and the terms “Managers” shall mean either the singular or the plural as the context requires.
Applied Therapeutics, Inc. Up to $100,000,000 of Common Stock ($0.0001 par value) Equity Distribution AgreementEquity Distribution Agreement • June 12th, 2020 • Applied Therapeutics Inc. • Pharmaceutical preparations • New York
Contract Type FiledJune 12th, 2020 Company Industry Jurisdiction
Owens & Minor, Inc. $50,000,000 Shares Common Stock ($2 par value per share) Equity Distribution AgreementEquity Distribution Agreement • May 21st, 2020 • Owens & Minor Inc/Va/ • Wholesale-medical, dental & hospital equipment & supplies • New York
Contract Type FiledMay 21st, 2020 Company Industry JurisdictionOwens & Minor, Inc., a corporation incorporated under the laws of Virginia (the “Company”), confirms its agreement (this “Agreement”) with Citigroup Global Markets Inc. (the “Manager”) as follows:
EX-10.1 3 d303138dex101.htm EX-10.1 ARENA PHARMACEUTICALS, INC. $50,000,000 Shares Common Stock ($0.0001 par value) Equity Distribution Agreement January 4, 2017 Citigroup Global Markets Inc.Equity Distribution Agreement • May 5th, 2020 • New York
Contract Type FiledMay 5th, 2020 Jurisdiction
Up to 1,000,000 Shares of Class A Common Stock ($0.0001 par value) Equity Distribution AgreementEquity Distribution Agreement • November 19th, 2019 • Roku, Inc • Cable & other pay television services • New York
Contract Type FiledNovember 19th, 2019 Company Industry JurisdictionEach of the provisions of the Equity Distribution Agreement not specifically related to the solicitation by Citigroup Global Markets Inc., as agent of the Company, of offers to purchase securities is incorporated herein by reference in its entirety, and shall be deemed to be part of this Terms Agreement to the same extent as if such provisions had been set forth in full herein. Each of the representations and warranties set forth therein shall be deemed to have been made at and as of the date of this Terms Agreement [and] [,] the Time of Delivery [and any Option Closing Date] [Include only if Citigroup Global Markets Inc. has an over-allotment option], except that each representation and warranty in Section 2 of the Equity Distribution Agreement which makes reference to the Prospectus (as therein defined) shall be deemed to be a representation and warranty as of the date of the Equity Distribution Agreement in relation to the Prospectus, and also a representation and warranty as of the
Apellis Pharmaceuticals, Inc. $150,000,000 Shares Common Stock ($0.0001 par value per share) Amended and Restated Equity Distribution AgreementEquity Distribution Agreement • October 4th, 2019 • Apellis Pharmaceuticals, Inc. • Pharmaceutical preparations • New York
Contract Type FiledOctober 4th, 2019 Company Industry JurisdictionReference is made to the Equity Distribution Agreement, dated as of December 28, 2018 (the “Original Agreement”), by and between Apellis Pharmaceuticals, Inc., a Delaware corporation (the “Company”), and Citigroup Global Markets Inc. (“Citigroup”), pursuant to which the Company proposed to issue and sell through Citigroup, from time to time during the term of the Original Agreement, on the terms and subject to the conditions set forth in the Original Agreement, shares of the Company’s common stock, par value $0.0001 per share (“Common Stock”). The Company, Citigroup and Jefferies LLC (“Jefferies” together with Citigroup, collectively, the “Managers”, and each individually a “Manager”) wish to amend and restate the Original Agreement in its entirety as provided hereby.
Millendo Therapeutics, Inc. $50,000,000 Shares Common Stock ($0.001 par value) Equity Distribution AgreementEquity Distribution Agreement • April 5th, 2019 • Millendo Therapeutics, Inc. • Pharmaceutical preparations • New York
Contract Type FiledApril 5th, 2019 Company Industry JurisdictionMillendo Therapeutics, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Citigroup Global Markets Inc. (the “Manager”) as follows:
Up to $100,000,000 Shares of Class A Common Stock ($0.0001 par value) Equity Distribution AgreementEquity Distribution Agreement • March 12th, 2019 • Roku, Inc • Cable & other pay television services • New York
Contract Type FiledMarch 12th, 2019 Company Industry JurisdictionEach of the provisions of the Equity Distribution Agreement not specifically related to the solicitation by Citigroup Global Markets Inc., as agent of the Company, of offers to purchase securities is incorporated herein by reference in its entirety, and shall be deemed to be part of this Terms Agreement to the same extent as if such provisions had been set forth in full herein. Each of the representations and warranties set forth therein shall be deemed to have been made at and as of the date of this Terms Agreement [and] [,] the Time of Delivery [and any Option Closing Date] [Include only if Citigroup Global Markets Inc. has an over-allotment option], except that each representation and warranty in Section 2 of the Equity Distribution Agreement which makes reference to the Prospectus (as therein defined) shall be deemed to be a representation and warranty as of the date of the Equity Distribution Agreement in relation to the Prospectus, and also a representation and warranty as of the
LTC Properties, Inc. Shares of Common Stock ($0.01 par value per share)Equity Distribution Agreement • March 1st, 2019 • LTC Properties Inc • Real estate investment trusts • New York
Contract Type FiledMarch 1st, 2019 Company Industry JurisdictionLTC Properties, Inc., a Maryland corporation qualified as a real estate investment trust (the “Company”), confirms its agreement (this “Agreement”) with Mizuho Securities USA Inc. (the “Manager”) as follows:
LTC Properties, Inc. Shares of Common Stock ($0.01 par value per share) Equity Distribution AgreementEquity Distribution Agreement • March 1st, 2019 • LTC Properties Inc • Real estate investment trusts • New York
Contract Type FiledMarch 1st, 2019 Company Industry JurisdictionLTC Properties, Inc., a Maryland corporation qualified as a real estate investment trust (the “Company”), confirms its agreement (this “Agreement”) with Credit Agricole Securities (USA) Inc. (the “Manager”) as follows:
LTC Properties, Inc. Shares of Common Stock ($0.01 par value per share) Equity Distribution AgreementEquity Distribution Agreement • March 1st, 2019 • LTC Properties Inc • Real estate investment trusts • New York
Contract Type FiledMarch 1st, 2019 Company Industry JurisdictionLTC Properties, Inc., a Maryland corporation qualified as a real estate investment trust (the “Company”), confirms its agreement (this “Agreement”) with JMP Securities LLC (the “Manager”) as follows: