MicroVision, Inc. Common Stock (par value $0.001 per share) At-The-Market Issuance Sales AgreementAt-the-Market Issuance Sales Agreement • August 29th, 2023 • Microvision, Inc. • Electronic components, nec • New York
MicroVision, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Craig-Hallum Capital Group LLC (“Craig-Hallum”), as follows:
At-The-Market Issuance Sales AgreementAt-the-Market Issuance Sales Agreement • October 25th, 2024 • RDE, Inc. • Retail-catalog & mail-order houses • New York
RDE, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Ascendiant Capital Markets, LLC (the “Agent”), as follows:
Sonida Senior Living, Inc. Common Stock (par value $0.01 per share) At-The- Market Issuance Sales AgreementAt-the-Market Issuance Sales Agreement • April 1st, 2024 • Sonida Senior Living, Inc. • Services-nursing & personal care facilities • New York
Sonida Senior Living, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Mizuho Securities USA LLC (the “Agent”), as follows:
Houston American Energy Corp. Common Stock (par value $0.001 per share) At-The- Market Issuance Sales AgreementAt-the-Market Issuance Sales Agreement • November 18th, 2022 • Houston American Energy Corp • Crude petroleum & natural gas • New York
Houston American Energy Corp., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Univest Securities, LLC (“Univest”) as follows:
BRANCHOUT FOOD inc. Up to $3,000,000 of Common Stock AT-THE-MARKET ISSUANCE SALES AGREEMENTAt-the-Market Issuance Sales Agreement • October 23rd, 2024 • BranchOut Food Inc. • Food and kindred products • New York
BranchOut Food Inc., a Nevada corporation (the “Company”), proposes to issue and sell through Alexander Capital, L.P., as selling agent (the “Agent”), shares of common stock, par value $0.001 per share, of the Company (the “Common Stock”), having an aggregate offering price of up to US$3,000,000 of Common Stock (the Common Stock subject to this At-The-Market Issuance Sales Agreement (this “Agreement”) being referred to herein as the “Shares”) on the terms set forth herein and subject to the limitations set forth in Section 2(a) hereof. The Shares consist entirely of authorized but unissued shares of Common Stock to be issued and sold by the Company.
CPS Technologies Corp. Common Stock (par value $0.01 per share) At-The-Market Issuance Sales AgreementAt-the-Market Issuance Sales Agreement • April 26th, 2021 • CPS Technologies Corp/De/ • Pottery & related products • New York
CPS Technologies Corp., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Craig-Hallum Capital Group LLC (“Craig-Hallum”), as follows:
KNOT OFFSHORE PARTNERS LP Common Units Representing Limited Partner Interests At-the-Market Issuance Sales AgreementAt-the-Market Issuance Sales Agreement • November 2nd, 2023 • KNOT Offshore Partners LP • Water transportation • New York
MicroVision, Inc. Common Stock (par value $0.001 per share) At-The-Market Issuance Sales AgreementAt-the-Market Issuance Sales Agreement • March 5th, 2024 • Microvision, Inc. • Electronic components, nec • New York
VOLCON, INC. Common Stock (par value $0.00001 per share) At-The-Market Issuance Sales AgreementAt-the-Market Issuance Sales Agreement • October 18th, 2024 • Volcon, Inc. • Motor vehicles & passenger car bodies • New York
Airgain, Inc. Common Stock (par value $0.0001 per share) At-The-Market Issuance Sales AgreementAt-the-Market Issuance Sales Agreement • March 7th, 2024 • Airgain Inc • Radio & tv broadcasting & communications equipment • New York
Airgain, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Craig-Hallum Capital Group LLC (“Craig-Hallum”), as follows:
CAI INTERNATIONAL, INC. (par value $0.0001 per share and Liquidation Preference $25.00 per share) At the Market Issuance Sales AgreementAt the Market Issuance Sales Agreement • May 2nd, 2018 • CAI International, Inc. • Services-equipment rental & leasing, nec • New York
Second Amendment to At the Market Issuance Sales AgreementAt the Market Issuance Sales Agreement • March 29th, 2024 • Verb Technology Company, Inc. • Services-personal services
This Second Amendment to At the Market Issuance Sales Agreement (this “Amendment”) is entered into on March 29, 2024 (the “Effective Date”) by and between Ascendiant Capital Markets, LLC (the “Agent”), and Verb Technology Company, Inc. (the “Company”). Defined terms used herein have the definitions assigned to them in the At the Market Issuance Sales Agreement between the parties dated December 15, 2023 (the “Offering Agreement”). Unless specifically amended or modified herein, the other terms of the Offering Agreement remain in full force and effect, not amended or modified, as of the date hereof.
LANDMARK INFRASTRUCTURE PARTNERS LP At-the-Market Issuance Sales AgreementAt-the-Market Issuance Sales Agreement • June 24th, 2016 • Landmark Infrastructure Partners LP • Lessors of real property, nec • New York
LANDMARK INFRASTRUCTURE PARTNERS LP, a Delaware limited partnership (the “Partnership”), confirms its agreement (this “Agreement”) with FBR Capital Markets & Co. and MLV & Co. LLC (each, an “Agent” and collectively, the “Agents”), with respect to the issuance and sale from time to time by the Partnership, in the manner and subject to the terms and conditions described in this Agreement, of up to $40,000,000 of the Partnership’s 8.00% Series A Cumulative Redeemable Perpetual Preferred Units (the “Placement Units”) representing limited partner interests in the Partnership (the “Preferred Units”).
RESOURCE CAPITAL CORP. (par value $0.001 per share) At-the-Market Issuance Sales AgreementAt-the-Market Issuance Sales Agreement • March 19th, 2013 • Resource Capital Corp. • Real estate investment trusts • New York
Each of Resource Capital Corp., a Maryland corporation (the “Company”), and Resource Capital Manager, Inc., a Delaware corporation (the “Manager”), confirms its agreement (this “Agreement”) with MLV & Co. LLC (“MLV”), as follows:
AMENDMENT NO. 1 TO At-THE-market issuance SALES AGREEMENT May 7, 2018 Ladies and Gentlemen:At-the-Market Issuance Sales Agreement • May 5th, 2020 • New York
Synthetic Biologics, Inc. (the “Company”) and FBR Capital Markets & Co. (“FBR”) are parties to that certain At-the-Market Issuance Sales Agreement dated August 5, 2016 (the “Original Agreement”). All capitalized terms not defined herein shall have the meanings ascribed to them in the Original Agreement. The parties, together with B. Riley FBR, Inc. (“B. Riley FBR”), intending to be legally bound, hereby amend the Original Agreement as follows:
ASHFORD HOSPITALITY TRUST, INC. (PAR VALUE $.01 PER SHARE) AT-THE-MARKET ISSUANCE SALES AGREEMENTAt-the-Market Issuance Sales Agreement • September 30th, 2011 • Ashford Hospitality Trust Inc • Real estate investment trusts • New York
Ashford Hospitality Trust, Inc., a Maryland corporation (the “Company”), and Ashford Hospitality Limited Partnership, a Delaware limited partnership (the “Operating Partnership”), of which the Company’s wholly-owned subsidiary, Ashford OP General Partner LLC, a Delaware corporation (the “OP General Partner”), is the sole general partner, each confirms its agreement (this “Agreement”) with McNicoll, Lewis & Vlak LLC (“MLV”), as follows:
AMERICAN HOMES 4 RENT Class A Common Shares of Beneficial Interest (par value $0.01 per share) AT-THE-MARKET ISSUANCE SALES AGREEMENTAt-the-Market Issuance Sales Agreement • June 9th, 2023 • American Homes 4 Rent • Real estate investment trusts • New York
American Homes 4 Rent, a Maryland real estate investment trust (the “Company”), and American Homes 4 Rent L.P., a Delaware limited partnership (the “Operating Partnership”), confirm their agreement (this “Agreement”) with each of Morgan Stanley & Co. LLC, BMO Capital Markets Corp., BofA Securities, Inc., BTIG, LLC, Citigroup Global Markets Inc., Jefferies LLC, J.P. Morgan Securities LLC, Mizuho Securities USA LLC, Raymond James & Associates, Inc., Regions Securities LLC, Scotia Capital (USA) Inc., and Wells Fargo Securities, LLC, each in its capacity as agent for the Company (collectively, the “Agents” and individually, an “Agent”), each of Bank of America, N.A., Bank of Montreal, Citibank, N.A., Jefferies LLC, JPMorgan Chase Bank, National Association, Mizuho Markets America LLC, Morgan Stanley & Co. LLC, Nomura Global Financial Products, Inc., Raymond James & Associates, Inc., Regions Securities LLC, The Bank of Nova Scotia and Wells Fargo Bank, National Association, each in its capa
RESOURCE CAPITAL CORP. (par value $0.001 per share) At-the-Market Issuance Sales AgreementAt-the-Market Issuance Sales Agreement • December 17th, 2013 • Resource Capital Corp. • Real estate investment trusts • New York
Each of Resource Capital Corp., a Maryland corporation (the “Company”), and Resource Capital Manager, Inc., a Delaware corporation (the “Manager”), confirms its agreement (this “Agreement”) with MLV & Co. LLC (“MLV”), as follows:
GALECTIN THERAPEUTICS INC. Common Stock (par value $0.001 per share) At The Market Issuance Sales AgreementAt the Market Issuance Sales Agreement • May 11th, 2020 • Galectin Therapeutics Inc • Pharmaceutical preparations • New York
Galectin Therapeutics Inc., a Nevada corporation (the “Company”), confirms its agreement (this “Agreement”), with H.C. Wainwright & Co., LLC (“Wainwright”), as follows:
STONEMOR PARTNERS L.P. Common Units Representing Limited Partner Interests At- the-Market Issuance Sales AgreementAt-the-Market Issuance Sales Agreement • November 19th, 2015 • Stonemor Partners Lp • Services-personal services • New York
STONEMOR PARTNERS, L.P., a Delaware limited partnership (the “Partnership”), confirms its agreement (this “Agreement”) with FBR Capital Markets & Co., MLV & Co. LLC and Janney Montgomery Scott LLC (each, an “Agent” and collectively, the “Agents”), with respect to the issuance and sale from time to time by the Partnership, in the manner and subject to the terms and conditions described in this Agreement, of up to $100,000,000 of the Partnership’s common units (the “Placement Units”) representing limited partner interests in the Partnership (the “Common Units”).
First Amendment to At the Market Issuance Sales AgreementAt the Market Issuance Sales Agreement • August 21st, 2023 • Quantum Computing Inc. • Services-prepackaged software
This First Amendment to At the Market Issuance Sales Agreement (this “Amendment”) is entered into on ___, 2023 (the “Effective Date”) by and between Ascendiant Capital Markets, LLC (the “Agent”), and Quantum Computing, Inc. (the “Company”). Defined terms used herein have the definitions assigned to them in the At the Market Issuance Sales Agreement between the parties dated December 5, 2022 (the “Offering Agreement”). Unless specifically amended or modified herein, the other terms of the Offering Agreement remain in full force and effect, not amended or modified, as of the date hereof.
BSD MEDICAL CORPORATION Common Stock (par value $0.001 per share) Termination of At-the-Market Issuance Sales AgreementAt-the-Market Issuance Sales Agreement • June 23rd, 2014 • BSD Medical Corp • Electromedical & electrotherapeutic apparatus
AMERICAN HOMES 4 RENT Class A Common Shares of Beneficial Interest (par value $0.01 per share) AT-THE-MARKET ISSUANCE SALES AGREEMENTAt-the-Market Issuance Sales Agreement • August 10th, 2017 • American Homes 4 Rent • Real estate investment trusts • New York
American Homes 4 Rent, a Maryland real estate investment trust (the “Company”), confirms its agreement (this “Agreement”) with FBR Capital Markets & Co., Cantor Fitzgerald & Co., Citigroup Global Markets Inc., Deutsche Bank Securities Inc., Goldman Sachs & Co. LLC, Jefferies LLC, JMP Securities LLC, J.P. Morgan Securities LLC, Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC, Raymond James & Associates, Inc., RBC Capital Markets, LLC and Wells Fargo Securities, LLC (collectively, the “Agents,” individually, each an “Agent”) as follows:
VERB TECHNOLOGY COMPANY, INC. Up to $30,000,000 of Common StockAt-the-Market Issuance Sales Agreement • November 16th, 2021 • New York
We are a Software-as-a-Service applications platform developer. Our platform is comprised of a suite of interactive video-based sales enablement business software products marketed on a subscription basis. Our applications, available in both mobile and desktop versions, are offered as a fully integrated suite, as well as on a standalone basis, and include verbCRM, our white-labelled Customer Relationship Management (“CRM”) application for large sales-based enterprises; verbTEAMS, our CRM application for small and medium sized businesses and solopreneurs; verbLEARN, our Learning Management System application, and verbLIVE, our Live Stream eCommerce application.
ARLINGTON ASSET INVESTMENT CORP. At-the-Market Issuance Sales AgreementAt-the-Market Issuance Sales Agreement • May 13th, 2013 • Arlington Asset Investment Corp. • Investors, nec • New York
Arlington Asset Investment Corp., a Virginia corporation (the “Company”), confirms its agreement (this “Agreement”), with MLV & Co. LLC (“MLV”), as follows:
Amendment No. 1 to At-The-Market Issuance Sales AgreementAt-the-Market Issuance Sales Agreement • August 29th, 2013 • PostRock Energy Corp • Crude petroleum & natural gas • New York
Soluna Holdings, Inc. (par value $0.001 per share) At-The-Market Issuance Sales AgreementAt-the-Market Issuance Sales Agreement • June 9th, 2022 • Soluna Holdings, Inc • Services-computer processing & data preparation • New York
Soluna Holdings, Inc., a Nevada corporation (the “Company”), confirms its agreement (this “Agreement”) with Univest Securities, LLC (“Univest”) as follows:
Amendment No. 1 to At-the-Market Issuance Sales AgreementAt-the-Market Issuance Sales Agreement • February 17th, 2021 • Ault Global Holdings, Inc. • Electronic components, nec
This Amendment No. 1 (the “Amendment No. 1”) dated February 17, 2021, to that certain At-the-Market Issuance Sales Agreement, dated January 22, 2021 (the “Sales Agreement”) by and between Ault Global Holdings, Inc., a Delaware corporation (the “Company”), and Ascendiant Capital Markets, LLC (the “Agent”), is being entered into to modify certain terms of the Sales Agreement. Defined terms used herein have the definitions assigned to them in the Sales Agreement. Unless specifically amended or modified herein, the other terms of the Sales Agreement remain in full force and effect, not amended or modified, as of the date hereof.
RESOURCE CAPITAL CORP. (par value $0.001 per share) (par value $0.001 per share) (par value $0.001 per share) At-the-Market Issuance Sales AgreementAt-the-Market Issuance Sales Agreement • November 20th, 2014 • Resource Capital Corp. • Real estate investment trusts • New York
Each of Resource Capital Corp., a Maryland corporation (the “Company”), Resource Capital Manager, Inc., a Delaware corporation (the “Manager”), and MLV & Co. LLC (“MLV”), having previously entered into (i) that certain 8.50% Series A Cumulative Redeemable Preferred Stock At-the-Market Issuance Sales Agreement, dated as of December 17, 2013, and (ii) that certain 8.25% Series B Cumulative Redeemable Preferred Stock At-the-Market Issuance Sales Agreement, dated as of December 17, 2013 (collectively, the “Prior Agreements”), hereby confirms its agreement (this “Agreement”) to terminate the Prior Agreements and its agreement that this Agreement supersedes and replaces the Prior Agreements in their entirety, including any negotiations, communications, and understandings (both written and oral) regarding the Prior Agreements. Each of the Company, the Manager and MLV confirms its further agreement as follows:
CEDAR REALTY TRUST, INC. 7.25% SERIES B CUMULATIVE REDEEMABLE PREFERRED STOCK (PAR VALUE $.01 PER SHARE) AT-THE-MARKET ISSUANCE SALES AGREEMENTAt-the-Market Issuance Sales Agreement • May 29th, 2012 • Cedar Realty Trust, Inc. • Real estate investment trusts • New York
We have acted as counsel to Cedar Realty Trust, Inc., a Maryland corporation (the “Company”), and Cedar Realty Trust Partnership, L.P., a Delaware limited partnership (the “Operating Partnership”), in connection with (i) the Company’s Registration Statement on Form S-3 (No. 333-179956), including the Base Prospectus, dated May 2, 2012, filed by the Company with the Securities and Exchange Commission under the 1933 Act of 1933, as amended (the “Act”), and (ii) the issuance and sale by the Company of an aggregate of up to shares of 7.25% Series B Cumulative Redeemable Preferred Stock, par value $.01 per share (the “Shares”), pursuant to that certain At-the-Market Issuance Sales, dated as of May __, 2012 (the “Sales Agreement”), by and among the Company, the Operating Partnership and you, MLV & Co. LLC (“MLV”).
MANNKIND CORPORATION Common Stock (par value $0.01 per share) Amendment No. 1 to At-The-Market Issuance Sales AgreementAt-the-Market Issuance Sales Agreement • September 4th, 2015 • Mannkind Corp • Pharmaceutical preparations
AMENDMENT NO. 1 TO AT-THE-MARKET ISSUANCE SALES AGREEMENTAt-the-Market Issuance Sales Agreement • April 5th, 2017 • Oramed Pharmaceuticals Inc. • Pharmaceutical preparations • New York
Oramed Pharmaceuticals Inc. (the “Company”), and MLV & Co. LLC (“MLV”), are parties to that certain At-the-Market Issuance Sales Agreement dated April 2, 2015 (the “Original Agreement”). All capitalized terms not defined herein shall have the meanings ascribed to them in the Original Agreement. Whereas MLV desires to resign as sales agent and the Company desires to appoint FBR Capital Markets & Co. (“FBR”) as sales agent, the parties, intending to be legally bound, hereby amend the Original Agreement as follows:
Up to $25,000,000At-the-Market Issuance Sales Agreement • August 26th, 2019 • New York
On April 15, 2014, we entered into an At-The-Market Issuance Sales Agreement, or Sales Agreement, with Meyers Associates, L.P. (doing business as Brinson Patrick, a division of Meyers Associates, L.P.), or Brinson Patrick, relating to the shares of our common stock, par value $0.01 per share, being offered by this prospectus supplement and the accompanying prospectus. In accordance with the terms of the Sales Agreement, we may offer and sell through Brinson Patrick, as our sales agent, shares of our common stock from time to time having aggregate sales proceeds of up to $25,000,000, provided that in no event will we sell more than 25,000,000 shares in this offering.
Eightco Holdings Inc.At-the-Market Issuance Sales Agreement • September 26th, 2024 • Eightco Holdings Inc. • Short-term business credit institutions
Reference is made to that certain At-The-Market Issuance Sales Agreement, dated April 25, 2024 (the “Agreement”), between Eightco Holdings Inc. (the “Company”) and Univest Securities, LLC (the “Agent”). Capitalized terms used herein and not otherwise defined shall have the meanings ascribed to them in the Agreement.
Amendment No. 2 to At-The-Market Issuance Sales AgreementAt-the-Market Issuance Sales Agreement • November 26th, 2014 • Prana Biotechnology LTD • Pharmaceutical preparations • New York
