Femasys Inc. EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • July 1st, 2022 • Femasys Inc • Surgical & medical instruments & apparatus • New York
As further set forth in this agreement (this “Agreement”), Femasys Inc., a company organized under the laws of Delaware (the “Company”), proposes to issue and sell from time to time through Piper Sandler & Co. (the “Agent”), as sales agent, the Company’s common stock, par value $0.001 per share (the “Common Stock”) (such shares of Common Stock to be sold pursuant to this Agreement, the “Shares”) on terms set forth herein. Notwithstanding anything to the contrary contained herein, the parties hereto agree that compliance with the limitation set forth in Section 2 of this Agreement on the number of Shares issued and sold under this Agreement shall be the sole responsibility of the Company, and the Agent shall have no obligation in connection with such compliance.
FEMASYS INC., AS ISSUER, AND [TRUSTEE], AS TRUSTEE, INDENTURE DATED AS OF , 20 DEBT SECURITIESFemasys Inc • July 1st, 2022 • Surgical & medical instruments & apparatus • New York
WHEREAS, for its lawful corporate purposes, the Company has duly authorized the execution and delivery of this Indenture to provide for the issuance of debt securities (hereinafter referred to as the “Securities”), in an unlimited aggregate principal amount to be issued from time to time in one or more series as in this Indenture provided, as registered Securities without coupons, to be authenticated by the certificate of the Trustee;
