2,000,000 Depositary Shares CADIZ INC. (PAR VALUE 0.01 PER SHARE) UNDERWRITING AGREEMENTUnderwriting Agreement • July 2nd, 2021 • Cadiz Inc • Water supply • New York
Cadiz, Inc., a Delaware corporation (the “Company”) proposes to create and provide for 8.875% Series A Cumulative Perpetual Preferred Stock, $0.01 par value per share, of the Company having a liquidation preference of $25,000.00 per share (the “Preferred Stock”), and issue and sell to the several Underwriters named in Schedule I hereto (the “Underwriters”), 2,000,000 Depositary Shares (as defined below), each representing, among other things, a 1/1000th fractional ownership in a share of the Preferred Stock (the “Firm Shares”). The Company also proposes to issue and sell to the several Underwriters, not more than an additional 300,000 Depositary Shares (the “Additional Shares”), if and to the extent that B. Riley Securities, Inc. (“B. Riley”), as representative of the offering, shall have determined to exercise, on behalf of the Underwriters, the right to purchase such Additional Shares granted to the Underwriters in Section 2 hereof. The Firm Shares and the Additional Shares are herei
DEPOSIT AGREEMENT Dated July 2, 2021 CADIZ INC. AS ISSUER, -and- CONTINENTAL STOCK TRANSFER & TRUST COMPANY, AS DEPOSITARY, TRANSFER AGENT AND REGISTRAR RELATING TO RECEIPTS, DEPOSITARY SHARES AND RELATED 8.875% SERIES A CUMULATIVE PERPETUAL PREFERRED...Deposit Agreement • July 2nd, 2021 • Cadiz Inc • Water supply • Delaware
This DEPOSIT AGREEMENT is made and entered into as of July 2, 2021, among Cadiz Inc., a Delaware corporation (the “Company”), Continental Stock Transfer & Trust Company, a New York limited liability trust company, as Depositary, Transfer Agent and Registrar, and all holders from time to time of Receipts (as hereinafter defined) issued hereunder.
