EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • November 20th, 2020 • Fulgent Genetics, Inc. • Services-medical laboratories • New York
As further set forth in this agreement (this “Agreement”), Fulgent Genetics, Inc., a company organized under the laws of the State of Delaware (the “Company”), proposes to issue and sell from time to time through Piper Sandler & Co. (“Piper”), BTIG, LLC (“BTIG”) and Oppenheimer & Co. Inc. (“Oppenheimer”, and, together with Piper and BTIG, the “Agents”, and each, an “Agent”), as sales agents, the Company’s common stock, par value $0.0001 per share (the “Common Stock”) having an aggregate offering price of up to $175 million (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 of Shares issued and sold under this Agreement shall be the sole responsibility of the Company, and the Agents shall have no obligation in connection with such compliance.
