Common Contracts
33 similar Underwriting Agreement contracts by Capnia, Inc., Olb Group, Inc., Atlas Lithium Corp, others
MDNA Life Sciences Inc. (a Delaware corporation) Shares of Common Stock Warrants to Purchase Shares of Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • April 12th, 2023 • MDNA Life Sciences, Inc. • In vitro & in vivo diagnostic substances • New York
MDNA Life Sciences Inc. (a Delaware corporation) Shares of Common Stock Warrants to Purchase Shares of Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • April 6th, 2023 • MDNA Life Sciences, Inc. • In vitro & in vivo diagnostic substances • New York
UNDERWRITING AGREEMENT between ATLAS LITHIUM CORPORATION and EF HUTTON, division of Benchmark Investments, LLC, as Representative of the Several Underwriters ATLAS LITHIUM CORPORATION UNDERWRITING AGREEMENTUnderwriting Agreement • November 16th, 2022 • Atlas Lithium Corp • Mining & quarrying of nonmetallic minerals (no fuels) • New York
The undersigned, Atlas Lithium Corporation, a corporation formed under the laws of the State of Nevada (the “Company”), hereby confirms its agreement (this “Agreement”) with EF Hutton, division of Benchmark Investments, LLC (hereinafter referred to as “you” (including its correlatives) or the “Representative”), and with the other underwriters named on Schedule 1 hereto for which the Representative is acting as representative (the Representative and such other underwriters being collectively called the “Underwriters” or, individually, an “Underwriter”) as follows:
UNDERWRITING AGREEMENT between ATLAS LITHIUM CORPORATION and EF HUTTON, division of Benchmark Investments, LLC, as Representative of the Several Underwriters ATLAS LITHIUM CORPORATION UNDERWRITING AGREEMENTUnderwriting Agreement • November 1st, 2022 • Atlas Lithium Corp • Mining & quarrying of nonmetallic minerals (no fuels) • New York
The undersigned, Atlas Lithium Corporation, a corporation formed under the laws of the State of Nevada (the “Company”), hereby confirms its agreement (this “Agreement”) with EF Hutton, division of Benchmark Investments, LLC (hereinafter referred to as “you” (including its correlatives) or the “Representative”), and with the other underwriters named on Schedule 1 hereto for which the Representative is acting as representative (the Representative and such other underwriters being collectively called the “Underwriters” or, individually, an “Underwriter”) as follows:
BIOAFFINITY TECHNOLOGIES, INC. UNDERWRITING AGREEMENT 1,282,600 UNITS, EACH UNIT CONSISTING OF ONE SHARE OF COMMON STOCK AND TWO WARRANTS; EACH WARRANT TO PURCHASE ONE SHARE OF COMMON STOCKUnderwriting Agreement • September 6th, 2022 • bioAffinity Technologies, Inc. • Services-commercial physical & biological research • New York
BIOAFFINITY 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 WallachBeth Capital, LLC is acting as representative (the “Representative”), an aggregate of 1,282,600 units (“Units”) at an initial public offering price of $6.125 per Unit . Each Unit will consist of: (i) one share of the Company’s common stock, $0.007 par value per share (the “Common Stock”); (ii) one five year tradeable warrant (“Tradeable Warrant”) to purchase one share of Common Stock at an exercise price equal to $7.35 per share of Common Stock ; and one five year non-tradeable warrant (“Non-Tradeable Warrant”) to purchase one share of Common Stock (“Warrant Shares”) at an exercise price equal to$7.656 per share of Common Stock. The Tradeable Warrant and the Non-Tradeable Warrant are referred to herein together as the “Warrants
NEXALIN TECHNOLOGY, INC. UNDERWRITING AGREEMENTUnderwriting Agreement • April 8th, 2022 • Nexalin Technology, Inc. • Electromedical & electrotherapeutic apparatus • New York
NEXALIN TECHNOLOGY, INC. UNDERWRITING AGREEMENTUnderwriting Agreement • January 31st, 2022 • Nexalin Technology, Inc. • Electromedical & electrotherapeutic apparatus • New York
MEIHUA INTERNATIONAL MEDICAL TECHNOLOGIES CO., LTD. UNDERWRITING AGREEMENTUnderwriting Agreement • October 21st, 2021 • Meihua International Medical Technologies Co., Ltd. • Surgical & medical instruments & apparatus • New York
CHINA RECYCLING ENERGY CORPORATION UNDERWRITING AGREEMENTUnderwriting Agreement • October 7th, 2021 • China Recycling Energy Corp • Services-business services, nec • New York
MEIHUA INTERNATIONAL MEDICAL TECHNOLOGIES CO., LTD. UNDERWRITING AGREEMENTUnderwriting Agreement • September 13th, 2021 • Meihua International Medical Technologies Co., Ltd. • Surgical & medical instruments & apparatus • New York
UNDERWRITING AGREEMENT between Context Therapeutics Inc. and THINKEQUITY A DIVISION OF FORDHAM FINANCIAL MANAGEMENT, INC. as Representative of the Several UnderwritersUnderwriting Agreement • July 2nd, 2021 • Context Therapeutics Inc. • Pharmaceutical preparations • New York
The undersigned, Context Therapeutics Inc., a corporation formed under the laws of the State of Delaware (, the “Company”), hereby confirms its agreement (this “Agreement”) with ThinkEquity, a division of Fordham Financial Management, Inc., (hereinafter referred to as “you” (including its correlatives) or the “Representative”) and with the other underwriters named on Schedule 1 hereto for which the Representative is acting as representative (the Representative and such other underwriters being collectively called the “Underwriters” or, individually, an “Underwriter”) as follows:
UNDERWRITING AGREEMENT between VALLON PHARMACEUTICALS, INC. and THINKEQUITY A DIVISION OF FORDHAM FINANCIAL MANAGEMENT, INC. as Representative of the Several Underwriters VALLON PHARMACEUTICALS, INC.Underwriting Agreement • February 16th, 2021 • Vallon Pharmaceuticals, Inc. • Pharmaceutical preparations • New York
The undersigned, Vallon Pharmaceuticals, Inc., a corporation formed under the laws of the State of Delaware (the “Company”), hereby confirms its agreement (this “Agreement”) with ThinkEquity, a division of Fordham Financial Management, Inc., (hereinafter referred to as “you” (including its correlatives) or the “Representative”) and with the other underwriters named on Schedule 1 hereto for which the Representative is acting as representative (the Representative and such other underwriters being collectively called the “Underwriters” or, individually, an “Underwriter”) as follows:
UNDERWRITING AGREEMENTUnderwriting Agreement • August 12th, 2020 • Olb Group, Inc. • Services-business services, nec • New York
The undersigned, The OLB Group, Inc., a corporation formed under the laws of the State of Delaware (collectively, with its Subsidiaries, the “Company”), hereby confirms its agreement (this “Agreement”) with the several underwriters (such underwriters, including the Representative (as defined below), the “Underwriters” and each an “Underwriter”) named on Schedule A hereto for which Aegis Capital Corp. is acting as representative to the several Underwriters (the “Representative” and if there are no Underwriters other than the Representative, references to multiple Underwriters shall be disregarded and the term Representative as used herein shall have the same meaning as Underwriter) on the terms and conditions set forth herein. The offering and sale of the Securities contemplated by this Agreement is referred to herein as (the “Offering”).
UNDERWRITING AGREEMENTUnderwriting Agreement • July 31st, 2020 • Olb Group, Inc. • Services-business services, nec • New York
The undersigned, The OLB Group, Inc., a corporation formed under the laws of the State of Delaware (collectively, with its Subsidiaries, the “Company”), hereby confirms its agreement (this “Agreement”) with the several underwriters (such underwriters, including the Representative (as defined below), the “Underwriters” and each an “Underwriter”) named on Schedule A hereto for which Aegis Capital Corp. is acting as representative to the several Underwriters (the “Representative” and if there are no Underwriters other than the Representative, references to multiple Underwriters shall be disregarded and the term Representative as used herein shall have the same meaning as Underwriter) on the terms and conditions set forth herein. The offering and sale of the Securities contemplated by this Agreement is referred to herein as (the “Offering”).
UNDERWRITING AGREEMENT between FAT BRANDS INC. and THINKEQUITY A DIVISION OF FORDHAM FINANCIAL MANAGEMENT, INC. as Representative of the Several Underwriters FAT BRANDS INC. UNDERWRITING AGREEMENTUnderwriting Agreement • July 7th, 2020 • Fat Brands, Inc • Retail-eating places • New York
The undersigned, FAT Brands Inc., a corporation formed under the laws of the State of Delaware (collectively with its subsidiaries and affiliates, including, without limitation, all entities disclosed or described in the Registration Statement (as hereinafter defined) as being subsidiaries or affiliates of FAT Brands Inc., the “Company”), hereby confirms its agreement (this “Agreement”) with ThinkEquity, a division of Fordham Financial Management, Inc., (hereinafter referred to as “you” (including its correlatives) or the “Representative”) and with the other underwriters named on Schedule 1 hereto for which the Representative is acting as representative (the Representative and such other underwriters being collectively called the “Underwriters” or, individually, an “Underwriter”) as follows:
UNDERWRITING AGREEMENTUnderwriting Agreement • May 21st, 2020 • Olb Group, Inc. • Services-business services, nec • New York
The undersigned, The OLB Group, Inc., a corporation formed under the laws of the State of Delaware (collectively, with its Subsidiaries, the “Company”), hereby confirms its agreement (this “Agreement”) with the several underwriters (such underwriters, including the Representative (as defined below), the “Underwriters” and each an “Underwriter”) named on Schedule A hereto for which Aegis Capital Corp. is acting as representative to the several Underwriters (the “Representative” and if there are no Underwriters other than the Representative, references to multiple Underwriters shall be disregarded and the term Representative as used herein shall have the same meaning as Underwriter) on the terms and conditions set forth herein. The offering and sale of the Securities contemplated by this Agreement is referred to herein as (the “Offering”).
UNDERWRITING AGREEMENT between MR2 GROUP, INC. and THINKEQUITY A DIVISION OF FORDHAM FINANCIAL MANAGEMENT, INC. as Representative of the Several UnderwritersUnderwriting Agreement • August 20th, 2018 • MR2 Group, Inc. • Services-management consulting services • New York
The undersigned, MR2 Group, Inc., a corporation formed under the laws of the State of Nevada (collectively with its subsidiaries and affiliates, including, without limitation, all entities disclosed or described in the Registration Statement (as hereinafter defined) as being subsidiaries or affiliates of MR2 Group, Inc., the “Company”), hereby confirms its agreement (this “Agreement”) with ThinkEquity, a division of Fordham Financial Management, Inc., (hereinafter referred to as “you” (including its correlatives) or the “Representative”) and with the other underwriters named on Schedule 1 hereto for which the Representative is acting as representative (the Representative and such other underwriters being collectively called the “Underwriters” or, individually, an “Underwriter”) as follows:
UNDERWRITING AGREEMENT between MR2 GROUP, INC. and THINKEQUITY A DIVISION OF FORDHAM FINANCIAL MANAGEMENT, INC. as Representative of the Several UnderwritersUnderwriting Agreement • July 17th, 2018 • MR2 Group, Inc. • Services-management consulting services • New York
The undersigned, MR2 Group, Inc., a corporation formed under the laws of the State of Nevada (collectively with its subsidiaries and affiliates, including, without limitation, all entities disclosed or described in the Registration Statement (as hereinafter defined) as being subsidiaries or affiliates of MR2 Group, Inc., the “Company”), hereby confirms its agreement (this “Agreement”) with ThinkEquity, a division of Fordham Financial Management, Inc., (hereinafter referred to as “you” (including its correlatives) or the “Representative”) and with the other underwriters named on Schedule 1 hereto for which the Representative is acting as representative (the Representative and such other underwriters being collectively called the “Underwriters” or, individually, an “Underwriter”) as follows:
JERASH HOLDINGS (US), INC. UNDERWRITING AGREEMENTUnderwriting Agreement • March 9th, 2018 • Jerash Holdings (US), Inc. • Apparel & other finishd prods of fabrics & similar matl • New York
Jerash Holdings (US), Inc., a corporation organized and existing under the laws of State of Delaware (the “Company”), proposes to issue and sell to the purchasers, pursuant to the terms and conditions of this Underwriting Agreement (this “Agreement”) and the Subscription Agreements in the form of Exhibit A attached hereto (the “Subscription Agreement”) entered into with the purchasers identified therein (each a “Purchaser” and collectively, the “Purchasers”), a minimum amount (the “Minimum Amount”) of 715,000 shares of common stock, par value $0.001 per share (the “Common Stock”), of the Company up to a maximum amount (the “Maximum Amount”) of 1,430,000 shares of Common Stock (the “Securities”) pursuant to a Registration Statement on Form S-1 declared effective by the United States Securities and Exchange Commission (the “Commission”). The Company hereby confirms its agreement with Network 1 Financial Securities, Inc. (“Network 1” or the “Underwriter”) concerning the purchase and sale
JERASH HOLDINGS (US), INC. UNDERWRITING AGREEMENTUnderwriting Agreement • March 5th, 2018 • Jerash Holdings (US), Inc. • Apparel & other finishd prods of fabrics & similar matl • New York
Jerash Holdings (US), Inc., a corporation organized and existing under the laws of State of Delaware (the “Company”), proposes to issue and sell to the purchasers, pursuant to the terms and conditions of this Underwriting Agreement (this “Agreement”) and the Subscription Agreements in the form of Exhibit A attached hereto (the “Subscription Agreement”) entered into with the purchasers identified therein (each a “Purchaser” and collectively, the “Purchasers”), a minimum amount (the “Minimum Amount”) of 715,000 shares of common stock, par value $0.001 per share (the “Common Stock”), of the Company up to a maximum amount (the “Maximum Amount”) of 1,430,000 shares of Common Stock (the “Securities”) pursuant to a Registration Statement on Form S-1 declared effective by the United States Securities and Exchange Commission (the “Commission”). The Company hereby confirms its agreement with Network 1 Financial Securities, Inc. (“Network 1” or the “Underwriter”) concerning the purchase and sale
UNDERWRITING AGREEMENT between DRAGON VICTORY INTERNATIONAL LIMITED (a Cayman Islands exempted limited liability company) and BOUSTEAD SECURITIES, LLC as Underwriter DRAGON VICTORY INTERNATIONAL LIMITED Minimum Offering: $6,000,000 Maximum Offering:...Underwriting Agreement • July 19th, 2017 • Dragon Victory International LTD • Investors, nec • California
UNDERWRITING AGREEMENT between DRAGON VICTORY INTERNATIONAL LIMITED (a Cayman Islands exempted limited liability company) and BOUSTEAD SECURITIES, LLC as Underwriter DRAGON VICTORY INTERNATIONAL LIMITED Minimum Offering: $_________ Maximum Offering:...Underwriting Agreement • January 31st, 2017 • Dragon Victory International LTD • Investors, nec • California
UNDERWRITING AGREEMENTUnderwriting Agreement • October 7th, 2016 • Cachet Financial Solutions, Inc. • Telegraph & other message communications • New York
The undersigned, CACHET FINANCIAL SOLUTIONS, INC. (the “Company”), a company incorporated under the laws of Delaware (collectively with its subsidiaries and affiliates, including, without limitation, Cachet Financial Solutions Inc., a Minnesota corporation, and all other entities disclosed or described in the Registration Statement as being subsidiaries or affiliates of the Company), hereby confirms its agreement (this “Agreement”) with the several underwriters named in Schedule I hereto (such underwriters, including the Representative (as defined below), the “Underwriters” and each an “Underwriter”) for which LADENBURG THALMANN & CO. INC. is acting as representative to the Underwriters (the “Representative,” and if there are no Underwriters other than the Representative, references to multiple Underwriters shall be disregarded and the term Representative as used herein shall have the same meaning as Underwriter) on the terms and conditions set forth herein.
FOTV MEDIA NETWORKS INC. FORM OF UNDERWRITING AGREEMENTUnderwriting Agreement • August 12th, 2016 • FOTV Media Networks Inc. • Services-video tape rental • New York
UNDERWRITING AGREEMENT dated [·], 2016 Bonwick Capital Partners, LLC Underwriting AgreementUnderwriting Agreement • March 22nd, 2016 • Moleculin Biotech, Inc. • Pharmaceutical preparations • New York
Check-Cap Ltd. [•] Units Each Unit Consisting of One Ordinary Share (NIS 0.20 Nominal Value) and One-Half of a Series A Warrant to Purchase One Ordinary Share Together with [•] Long Term Incentive Warrants to Purchase Ordinary Shares to be Issued with...Underwriting Agreement • February 17th, 2015 • Check-Cap LTD • X-ray apparatus & tubes & related irradiation apparatus • New York
Check-Cap Ltd., an Israeli company (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the several underwriters named in Schedule A hereto (the “Underwriters,” or, each, an “Underwriter”), for whom you are acting as representative (the “Representative”), an aggregate of [•] units (the “Firm Units”) (the respective amounts of the Firm Units to be so purchased by the several Underwriters are set forth opposite their names on Schedule A hereto), and, at the election of the Representative, up to all of the Option Units (as defined below) (the Firm Units and the Option Units that the Underwriters elect to purchaser are herein collectively called the “Units”). Each Unit consists of one ordinary share, par value NIS 0.20 nominal value, of the Company (each an “Ordinary Share” and collectively, the “Ordinary Shares”) and one-half of a warrant to purchase one Ordinary Share (each a “Series A Warrant” and collectively, the “Series A Warrants”). Each
Check-Cap Ltd. [•] Units Each Unit Consisting of One Ordinary Share (NIS 0.20 Nominal Value) and One-Half of a Series A Warrant to Purchase One Ordinary Share Together with [•] Long Term Incentive Warrants to Purchase Ordinary Shares to be Issued with...Underwriting Agreement • February 12th, 2015 • Check-Cap LTD • X-ray apparatus & tubes & related irradiation apparatus • New York
Check-Cap Ltd., an Israeli company (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the several underwriters named in Schedule A hereto (the “Underwriters,” or, each, an “Underwriter”), for whom you are acting as representative (the “Representative”), an aggregate of [•] units (the “Firm Units”) (the respective amounts of the Firm Units to be so purchased by the several Underwriters are set forth opposite their names on Schedule A hereto), and, at the election of the Representative, up to all of the Option Units (as defined below) (the Firm Units and the Option Units that the Underwriters elect to purchaser are herein collectively called the “Units”). Each Unit consists of one ordinary share, par value NIS 0.20 nominal value, of the Company (each an “Ordinary Share” and collectively, the “Ordinary Shares”) and one-half of a warrant to purchase one Ordinary Share (each a “Series A Warrant” and collectively, the “Series A Warrants”). Each
CAPNIA, Inc. UNDERWRITING AGREEMENTUnderwriting Agreement • September 30th, 2014 • Capnia, Inc. • Electromedical & electrotherapeutic apparatus • New York
The undersigned, Capnia, Inc., a Delaware corporation (the “Company”), hereby confirms its agreement (this “Agreement”) to issue and sell to the underwriter or underwriters, as the case may be, named in Schedule I hereto (each, an “Underwriter” and, collectively, the “Underwriters;”), for whom Maxim Group LLC is acting as representative (in such capacity, the “Representative”), an aggregate of units (the “Firm Units”) of the Company’s securities, and, at the election of the Representative, up to additional units (the “Option Units”) of the Company’s securities (the Firm Units and the Option Units that the Underwriters elect to purchase pursuant to Section 2 hereof are herein collectively called the “Units”). Each Unit consists of one share of the Company’s common stock, par value $0.001 per share (the “Common Stock”), and one warrant (each, a “Warrant” and collectively, the “Warrants”). Each Warrant entitles the holder to purchase one share of Common Stock (as more fully described in S
CAPNIA, Inc. UNDERWRITING AGREEMENTUnderwriting Agreement • September 29th, 2014 • Capnia, Inc. • Electromedical & electrotherapeutic apparatus • New York
The undersigned, Capnia, Inc., a Delaware corporation (the “Company”), hereby confirms its agreement (this “Agreement”) to issue and sell to the underwriter or underwriters, as the case may be, named in Schedule I hereto (each, an “Underwriter” and, collectively, the “Underwriters;”), for whom Maxim Group LLC is acting as representative (in such capacity, the “Representative”), an aggregate of units (the “Firm Units”) of the Company’s securities, and, at the election of the Representative, up to additional units (the “Option Units”) of the Company’s securities (the Firm Units and the Option Units that the Underwriters elect to purchase pursuant to Section 2 hereof are herein collectively called the “Units”). Each Unit consists of one share of the Company’s common stock, par value $0.001 per share (the “Common Stock”), and one warrant (each, a “Warrant” and collectively, the “Warrants”). Each Warrant entitles the holder to purchase one share of Common Stock (as more fully described in S
CAPNIA, Inc. UNDERWRITING AGREEMENTUnderwriting Agreement • September 12th, 2014 • Capnia, Inc. • Electromedical & electrotherapeutic apparatus • New York
The undersigned, Capnia, Inc., a Delaware corporation (the “Company”), hereby confirms its agreement (this “Agreement”) to issue and sell to the underwriter or underwriters, as the case may be, named in Schedule I hereto (each, an “Underwriter” and, collectively, the “Underwriters;”), for whom Maxim Group LLC is acting as representative (in such capacity, the “Representative”), an aggregate of units (the “Firm Units”) of the Company’s securities, and, at the election of the Representative, up to additional units (the “Option Units”) of the Company’s securities (the Firm Units and the Option Units that the Underwriters elect to purchase pursuant to Section 2 hereof are herein collectively called the “Units”). Each Unit consists of one share of the Company’s common stock, par value $0.001 per share (the “Common Stock”), and one warrant (each, a “Warrant” and collectively, the “Warrants”). Each Warrant entitles the holder to purchase one share of Common Stock (as more fully described in S
CAPNIA, Inc. UNDERWRITING AGREEMENTUnderwriting Agreement • August 25th, 2014 • Capnia, Inc. • Electromedical & electrotherapeutic apparatus • New York
The undersigned, Capnia, Inc., a Delaware corporation (the “Company”), hereby confirms its agreement (this “Agreement”) to issue and sell to the underwriter or underwriters, as the case may be, named in Schedule I hereto (each, an “Underwriter” and, collectively, the “Underwriters;”), for whom Maxim Group LLC is acting as representative (in such capacity, the “Representative”), an aggregate of units (the “Firm Units”) of the Company’s securities, and, at the election of the Representative, up to additional units (the “Option Units”) of the Company’s securities (the Firm Units and the Option Units that the Underwriters elect to purchase pursuant to Section 2 hereof are herein collectively called the “Units”). Each Unit consists of one share of the Company’s common stock, par value $0.001 per share (the “Common Stock”), and one warrant (each, a “Warrant” and collectively, the “Warrants”). Each Warrant entitles the holder to purchase one share of Common Stock (as more fully described in S
CAPNIA, Inc. UNDERWRITING AGREEMENTUnderwriting Agreement • August 5th, 2014 • Capnia, Inc. • Electromedical & electrotherapeutic apparatus • New York
The undersigned, Capnia, Inc., a Delaware corporation (the “Company”), hereby confirms its agreement (this “Agreement”) to issue and sell to the underwriter or underwriters, as the case may be, named in Schedule I hereto (each, an “Underwriter” and, collectively, the “Underwriters;”), for whom Maxim Group LLC is acting as representative (in such capacity, the “Representative”), an aggregate of units (the “Firm Units”) of the Company’s securities, and, at the election of the Representative, up to additional units (the “Option Units”) of the Company’s securities (the Firm Units and the Option Units that the Underwriters elect to purchase pursuant to Section 2 hereof are herein collectively called the “Units”). Each Unit consists of one share of the Company’s common stock, par value $0.001 per share (the “Common Stock”), and one warrant (each, a “Warrant” and collectively, the “Warrants”). Each Warrant entitles the holder to purchase one share of Common Stock (as more fully described in S
UNDERWRITING AGREEMENTUnderwriting Agreement • November 24th, 2010 • China SLP Filtration Technology, Inc. • Broadwoven fabric mills, man made fiber & silk • New York
The undersigned, China SLP Filtration Technology, Inc., a company formed under the laws of the State of Delaware (collectively with its subsidiaries and affiliates, including, without limitation, all entities disclosed or described in the Registration Statement (as hereinafter defined) as being subsidiaries or affiliates of the Company, the “Company”), confirms its agreement, subject to the terms and conditions set forth herein, with each of the underwriters listed on Schedule I hereto (collectively, the “Underwriters”), for whom Brean Murray, Carret & Co., LLC is acting as representative (hereinafter referred to as the “Representative” or “you” (including its correlatives)), to sell and issue to the Underwriters an aggregate of [ ] shares of common stock, $0.001 par value per share (the “Common Stock”) of the Company (the “Firm Shares”). The Firm Shares are more fully described in the Registration Statement and Prospectus referred to below.
