Nikola Corporation Common Stock, $0.0001 par value per share THIRD AMENDED AND RESTATED EQUITY DISTRIBUTION AGREEMENT October 31, 2024Equity Distribution Agreement • October 31st, 2024 • Nikola Corp • Motor vehicles & passenger car bodies • New York
Contract Type FiledOctober 31st, 2024 Company Industry JurisdictionThis Confirmation sets forth the terms of the agreement of Citigroup Global Markets Inc. (the “Manager”) with Nikola Corporation (the “Company”) relating to the sale of shares of the Company’s common stock, $0.0001 par value per share, pursuant to the Third Amended and Restated Equity Distribution Agreement between the Company and the Manager, dated October 31, 2024 (the “Agreement”). Unless otherwise defined below, capitalized terms defined in the Agreement shall have the same meanings when used herein.
Nikola Corporation Common Stock, $0.0001 par value per share SECOND AMENDED AND RESTATED EQUITY DISTRIBUTION AGREEMENT May 7, 2024Equity Distribution Agreement • May 7th, 2024 • Nikola Corp • Motor vehicles & passenger car bodies • New York
Contract Type FiledMay 7th, 2024 Company Industry JurisdictionThis Confirmation sets forth the terms of the agreement of Citigroup Global Markets Inc. (the “Manager”) with Nikola Corporation (the “Company”) relating to the sale of shares of the Company’s common stock, $0.0001 par value per share, pursuant to the Second Amended and Restated Equity Distribution Agreement between the Company and the Manager, dated May 7, 2024 (the “Agreement”). Unless otherwise defined below, capitalized terms defined in the Agreement shall have the same meanings when used herein.
ARTHUR J. GALLAGHER & CO. COMMON STOCK (PAR VALUE $1.00 PER SHARE) EQUITY DISTRIBUTION AGREEMENT March 14, 2024Equity Distribution Agreement • March 14th, 2024 • Arthur J. Gallagher & Co. • Insurance agents, brokers & service • New York
Contract Type FiledMarch 14th, 2024 Company Industry JurisdictionThis Confirmation sets forth the terms of the agreement of Morgan Stanley & Co. LLC (the “Manager”) with Arthur J. Gallagher & Co. (the “Company”) relating to the issuance and sale of up to 3,000,000 shares of the Company’s common stock, par value $1.00 per share, pursuant to the Equity Distribution Agreement between the Company and the Manager, dated March 14, 2024 (the “Agreement”). Unless otherwise defined below, capitalized terms defined in the Agreement shall have the same meanings when used herein.
Nikola Corporation Common Stock, $0.0001 par value per share AMENDED AND RESTATED EQUITY DISTRIBUTION AGREEMENT August 4, 2023Equity Distribution Agreement • August 4th, 2023 • Nikola Corp • Motor vehicles & passenger car bodies • New York
Contract Type FiledAugust 4th, 2023 Company Industry JurisdictionThis Confirmation sets forth the terms of the agreement of Citigroup Global Markets Inc. (the “Manager”) with Nikola Corporation (the “Company”) relating to the sale of shares of the Company’s common stock, $0.0001 par value per share, pursuant to the Equity Distribution Agreement between the Company and the Manager, dated August 30, 2022, as amended and restated on August [ ], 2023 (the “Agreement”). Unless otherwise defined below, capitalized terms defined in the Agreement shall have the same meanings when used herein.
ARTHUR J. GALLAGHER & CO. COMMON STOCK (PAR VALUE $1.00 PER SHARE) EQUITY DISTRIBUTION AGREEMENT November 15, 2022Equity Distribution Agreement • November 16th, 2022 • Arthur J. Gallagher & Co. • Insurance agents, brokers & service • New York
Contract Type FiledNovember 16th, 2022 Company Industry JurisdictionThis Confirmation sets forth the terms of the agreement of Morgan Stanley & Co. LLC (the “Manager”) with Arthur J. Gallagher & Co. (the “Company”) relating to the issuance and sale of up to [3,000,000] shares of the Company’s common stock, par value $1.00 per share, pursuant to the Equity Distribution Agreement between the Company and the Manager, dated November 15, 2022 (the “Agreement”). Unless otherwise defined below, capitalized terms defined in the Agreement shall have the same meanings when used herein.
Nikola Corporation Common Stock, $0.0001 par value per share EQUITY DISTRIBUTION AGREEMENT August 30, 2022Equity Distribution Agreement • August 30th, 2022 • Nikola Corp • Motor vehicles & passenger car bodies • New York
Contract Type FiledAugust 30th, 2022 Company Industry JurisdictionThis Confirmation sets forth the terms of the agreement of Citigroup Global Markets Inc. (the “Manager”) with Nikola Corporation (the “Company”) relating to the sale of shares of the Company’s common stock, $0.0001 par value per share, pursuant to the Equity Distribution Agreement between the Company and the Manager, dated August [ ], 2022 (the “Agreement”). Unless otherwise defined below, capitalized terms defined in the Agreement shall have the same meanings when used herein.
ROKU, INC. CLASS A COMMON STOCK, PAR VALUE $0.0001 PER SHARE EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • March 2nd, 2021 • Roku, Inc • Cable & other pay television services • New York
Contract Type FiledMarch 2nd, 2021 Company Industry Jurisdiction
CYNERGISTEK, INC. EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • November 12th, 2020 • Cynergistek, Inc • Services-business services, nec • New York
Contract Type FiledNovember 12th, 2020 Company Industry JurisdictionCynergisTek, Inc., a Delaware corporation (collectively with its subsidiaries and affiliates, including, without limitation, all entities disclosed or described in the Registration Statement (defined below) as being subsidiaries or affiliates of CynergisTek, Inc., the “Company”), proposes to issue and sell through Craig-Hallum Capital Group LLC, as sales agent (together with its affiliates, control persons, officers, directors, employees and agents, the “Manager”), on the terms set forth in this Equity Distribution Agreement (this “Agreement”), shares of the Company’s common stock, par value $0.001 (the “Common Stock”), having an aggregate offering price of up to $5,000,000 (the “Shares”).
ATOMERA INCORPORATED EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • September 2nd, 2020 • Atomera Inc • Semiconductors & related devices • New York
Contract Type FiledSeptember 2nd, 2020 Company Industry Jurisdiction
FRONTLINE LTD. ORDINARY SHARES ($1.00 PAR VALUE PER SHARE) EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • June 8th, 2020 • Frontline LTD / • Deep sea foreign transportation of freight • New York
Contract Type FiledJune 8th, 2020 Company Industry JurisdictionFrontline Ltd., a Bermuda exempted company (the “Company”), proposes to issue and sell through Morgan Stanley & Co. LLC, as sales agent (the “Manager”), on the terms set forth in this equity distribution agreement (this “Agreement”), ordinary shares, par value $1.00, having an aggregate gross sales price of up to $100 million, but in no event more than 100,000,000 shares (the “Shares”). The ordinary shares, par value $1.00, of the Company are hereinafter referred to as the “Ordinary Shares”.
ROKU, INC. CLASS A COMMON STOCK, PAR VALUE $0.0001 PER SHARE EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • May 13th, 2020 • Roku, Inc • Cable & other pay television services • New York
Contract Type FiledMay 13th, 2020 Company Industry Jurisdiction
ALECTOR, INC. COMMON STOCK, PAR VALUE $ 0.0001 PER SHARE EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • May 13th, 2020 • Alector, Inc. • Biological products, (no disgnostic substances) • New York
Contract Type FiledMay 13th, 2020 Company Industry JurisdictionSet forth below are guidelines for use by the Company and the Managers in connection with the Managers’ continuous due diligence efforts in connection with the sale and distribution of the Shares pursuant to the Agreement. For the avoidance of doubt, the Company has agreed that no sales under the Agreement will be requested or made at any time the Company is, or could be deemed to be, in possession of material non-public information with respect to the Company.
CALIFORNIA WATER SERVICE GROUP COMMON STOCK, PAR VALUE $0.01 PER SHARE EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • February 27th, 2020 • California Water Service Group • Water supply • New York
Contract Type FiledFebruary 27th, 2020 Company Industry JurisdictionThis Confirmation sets forth the terms of the agreement of [MANAGER] (a “Selling Manager”) with California Water Service Group (the “Company”) relating to the issuance and sale of shares of the Company’s common stock, par value $0.01 per share, having an aggregate gross sales price of up to $300,000,000 pursuant to the Equity Distribution Agreement between the Company and Morgan Stanley & Co. LLC, Robert W. Baird & Co. Incorporated, Blaylock Van, LLC and Wells Fargo Securities, LLC (the “Managers”), dated October 31, 2019 (the “Agreement”). Unless otherwise defined below, capitalized terms defined in the Agreement shall have the same meanings when used herein.
CALIFORNIA WATER SERVICE GROUP COMMON STOCK, PAR VALUE $0.01 PER SHARE EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • October 31st, 2019 • California Water Service Group • Water supply • New York
Contract Type FiledOctober 31st, 2019 Company Industry JurisdictionThis Confirmation sets forth the terms of the agreement of [MANAGER] (a “Selling Manager”) with California Water Service Group (the “Company”) relating to the issuance and sale of shares of the Company’s common stock, par value $0.01 per share, having an aggregate gross sales price of up to $300,000,000 pursuant to the Equity Distribution Agreement between the Company and Morgan Stanley & Co. LLC, Robert W. Baird & Co. Incorporated, Blaylock Van, LLC and Wells Fargo Securities, LLC (the “Managers”), dated October 31, 2019 (the “Agreement”). Unless otherwise defined below, capitalized terms defined in the Agreement shall have the same meanings when used herein.
FRONTLINE LTD. ORDINARY SHARES ($1.00 PAR VALUE PER SHARE) EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • July 24th, 2018 • Frontline LTD / • Deep sea foreign transportation of freight • New York
Contract Type FiledJuly 24th, 2018 Company Industry JurisdictionFrontline Ltd., a Bermuda exempted company (the "Company"), proposes to issue and sell through Morgan Stanley & Co. LLC, as sales agent (the "Manager"), on the terms set forth in this equity distribution agreement (this "Agreement"), ordinary shares, par value $1.00, having an aggregate gross sales price of up to $100 million, but in no event more than 100,000,000 shares (the "Shares"). The ordinary shares, par value $1.00, of the Company are hereinafter referred to as the "Ordinary Shares".
CALIFORNIA RESOURCES CORPORATION 6,000,000 SHARES OF COMMON STOCK ($0.01 PAR VALUE PER SHARE) EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • November 17th, 2017 • California Resources Corp • Crude petroleum & natural gas • New York
Contract Type FiledNovember 17th, 2017 Company Industry Jurisdiction
NISOURCE INC. COMMON STOCK, PAR VALUE $0.01 PER SHARE EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • May 3rd, 2017 • Nisource Inc/De • Electric & other services combined • New York
Contract Type FiledMay 3rd, 2017 Company Industry JurisdictionThis Transaction Confirmation sets forth the terms of the agreement of [ ] (in its capacity as agent for the Company in connection with any sale of Shares thereunder, the “Manager”) with NiSource Inc. (the “Company”) relating to the sale of shares of the Company’s common stock, par value $0.01 per share, having an aggregate gross sales price of up to $500,000,000 pursuant to the Equity Distribution Agreement between the Company and the Manager, dated May 3, 2017 (the “Agreement”). Unless otherwise defined below, capitalized terms defined in the Agreement shall have the same meanings when used herein.
ARTHUR J. GALLAGHER & CO. COMMON STOCK (PAR VALUE $1.00 PER SHARE) EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • November 20th, 2013 • Gallagher Arthur J & Co • Insurance agents, brokers & service • New York
Contract Type FiledNovember 20th, 2013 Company Industry JurisdictionSet forth below are guidelines for use by the Company and the Manager in connection with the Manager’s continuous due diligence efforts in connection with the sale and distribution of the Shares pursuant to the Agreement. For the avoidance of doubt, the Company has agreed that no sales under the Agreement will be requested or made at any time the Company is, or could be deemed to be, in possession of material non-public information with respect to the Company.
TEXAS CAPITAL BANCSHARES, INC. COMMON STOCK ($0.01 PAR VALUE PER SHARE) EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • January 27th, 2010 • Texas Capital Bancshares Inc/Tx • State commercial banks • New York
Contract Type FiledJanuary 27th, 2010 Company Industry Jurisdiction
FIFTH THIRD BANCORP COMMON STOCK, NO PAR VALUE EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • May 20th, 2009 • Fifth Third Bancorp • State commercial banks • New York
Contract Type FiledMay 20th, 2009 Company Industry JurisdictionThis Confirmation sets forth the terms of the agreement of [MANAGER] (the “Manager”) with Fifth Third Bancorp (the “Company”) relating to the sale of shares of the Company’s common stock, no par value , having an aggregate gross sales price of up to $[—] pursuant to the Equity Distribution Agreement between the Company, Merrill Lynch, Pierce, Fenner & Smith Incorporated and Morgan Stanley & Co. Incorporated, dated May 20, 2009 (the “Agreement”). Unless otherwise defined below, capitalized terms defined in the Agreement shall have the same meanings when used herein.
COMMON SHARES, PAR VALUE $1.00 PER SHARE EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • May 11th, 2009 • Keycorp /New/ • National commercial banks • New York
Contract Type FiledMay 11th, 2009 Company Industry JurisdictionThis Confirmation sets forth the terms of the agreement of Morgan Stanley & Co. Incorporated (the “Manager”) with KeyCorp (the “Company”) relating to the sale of shares of the Company’s common shares, par value $1.00 per share, having an aggregate gross sales price of up to $750,000,000, pursuant to the Distribution Agreement between the Company and the Manager, dated May 11, 2009 (the “Agreement”). Unless otherwise defined below, capitalized terms defined in the Agreement shall have the same meanings when used herein.
COMMERCE BANCSHARES, INC. COMMON STOCK (PAR VALUE $5.00) EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • February 27th, 2009 • Commerce Bancshares Inc /Mo/ • State commercial banks • New York
Contract Type FiledFebruary 27th, 2009 Company Industry JurisdictionCommerce Bancshares, Inc., a Missouri corporation (the “Company”), proposes to issue and sell through Morgan Stanley & Co. Incorporated, as sales agent (the “Manager”), on the terms set forth in this equity distribution agreement (this “Agreement”), shares (the “Shares”) of its common stock, par value $5.00, having aggregate gross sales proceeds of up to $200,000,000. The shares of common stock, par value $5.00, of the Company to be outstanding after giving effect to the sales contemplated hereby are hereinafter referred to as the “Common Stock”.