Atm Sales Agreement Sample Contracts

Up to US$11,750,000 Common Shares ATM Sales Agreement
Atm Sales Agreement • October 18th, 2024 • Vision Marine Technologies Inc. • Ship & boat building & repairing • New York

Vision Marine Technologies Inc., a corporation formed under the laws of the Province of Quebec, Canada (collectively with its subsidiaries and affiliates, including, without limitation, all entities disclosed or described in the Registration Statement (defined below) as being subsidiaries or affiliates of Vision Marine Technologies Inc., the “Company”) confirms its agreement (this “Agreement”) with ThinkEquity LLC (the “Agent”), as follows:

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Apollo Tactical Income Fund Inc. Common Stock (par value $0.001 per share) ATM Sales Agreement
Atm Sales Agreement • June 1st, 2022 • Apollo Tactical Income Fund Inc. • New York

Apollo Tactical Income Fund Inc., a Maryland corporation (the “Company”) and Apollo Credit Management, LLC (the “Investment Adviser”), each confirms its agreement (this “Agreement”) with Virtu Americas LLC (“Virtu”) as follows:

WUNDERLICH SECURITIES, INC. ATM SALES AGREEMENT (Series D Preferred Stock) January 18, 2012 [ ] [pm] CST
Atm Sales Agreement • January 19th, 2012 • Magnum Hunter Resources Corp • Crude petroleum & natural gas • New York

Magnum Hunter Resources Corporation, a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Wunderlich Securities, Inc., a Tennessee corporation (“Wunderlich”), as follows:

Common Units Representing Limited Partner Interests ATM Sales Agreement
Atm Sales Agreement • April 20th, 2021 • Evolve Transition Infrastructure LP • Crude petroleum & natural gas • New York

Evolve Transition Infrastructure LP, a Delaware limited partnership (the “Partnership”), confirms its agreement (this “Agreement”) with Virtu Americas LLC (“Virtu”) as follows:

Akoustis Technologies, Inc. Common Stock ($0.001 par value) ATM SALES AGREEMENT
Atm Sales Agreement • May 2nd, 2022 • Akoustis Technologies, Inc. • Telephone & telegraph apparatus • New York
Tidewater Inc. Common Stock ATM Sales Agreement
Atm Sales Agreement • November 17th, 2021 • Tidewater Inc • Water transportation • New York

Tidewater Inc., a Delaware corporation (the “Company”), hereby enters into this ATM Sales Agreement (the “Agreement”) with Virtu Americas LLC (“Virtu”) and DNB Markets, Inc. (“DNB”, together with Virtu, each an “Agent,” and collectively, the “Agents”) on the terms and conditions set forth below. England Securities, LLC (“England”) joins this Agreement solely for purposes of Sections 1, 7(j), 11 and 12 of this Agreement.

oragenics, INC. COMMON STOCK ATM SALES AGREEMENT
Atm Sales Agreement • October 15th, 2024 • Oragenics Inc • Pharmaceutical preparations • New York

Oragenics, Inc., a Florida corporation (the “Company”), confirms its agreement (this “Agreement”) with Dawson James Securities, Inc., as follows:

Snow Lake Resources Ltd. Winnipeg, Manitoba R3C 0V1 Canada Attention: Frank Wheatley, Chief Executive Officer Dear Mr. Wheatley:
Atm Sales Agreement • October 30th, 2024 • Snow Lake Resources Ltd. • Miscellaneous metal ores

Reference is made to the ATM Sales Agreement, dated as of August 22, 2024 (the “ATM Agreement”), between Snow Lake Resources Ltd. (the “Company”) and ThinkEquity LLC (“ThinkEquity”). This letter (this “Amendment”) constitutes an agreement between the Company and ThinkEquity to amend the ATM Agreement as set forth herein. Defined terms that are used but not defined herein shall have the meanings ascribed to such terms in the ATM Agreement.

Glucotrack, INC. COMMON STOCK ATM SALES AGREEMENT
Atm Sales Agreement • December 17th, 2024 • Glucotrack, Inc. • Surgical & medical instruments & apparatus • New York

GlucoTrack, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Dawson James Securities, Inc., as follows:

AMENDMENT NO. 2 TO ATM SALES AGREEMENT
Atm Sales Agreement • August 31st, 2012 • Cerus Corp • Surgical & medical instruments & apparatus • New York

Cerus Corporation, a Delaware corporation (the “Company”), and MLV & Co. LLC, a Delaware limited liability company (“MLV”), are parties to that certain At the Market Issuance Sales Agreement dated June 3, 2011 (the “Original Agreement”), as amended on January 4, 2012 (the Original Agreement, as so amended, the “Amended Agreement”). All capitalized terms not defined herein shall have the meanings ascribed to them in the Amended Agreement. The parties, intending to be legally bound, hereby amend the Amended Agreement as follows:

AMENDMENT NO. 1 TO ATM SALES AGREEMENT
Atm Sales Agreement • January 6th, 2012 • Cerus Corp • Surgical & medical instruments & apparatus • New York

Cerus Corporation, a Delaware corporation (the “Company”), and MLV & Co. LLC, a Delaware limited liability company, formerly known as McNicoll, Lewis & Vlak LLC, a Delaware limited liability company (“MLV”), are parties to that certain At the Market Issuance Sales Agreement dated June 3, 2011 (the “Original Agreement”). All capitalized terms not defined herein shall have the meanings ascribed to them in the Original Agreement. The parties, intending to be legally bound, hereby amend the Original Agreement as follows (to be effective as set forth in paragraph 6 below):

GENENTA SCIENCE S.P.A. American Depositary Shares each representing one ordinary share, no par value per share ATM Sales Agreement
Atm Sales Agreement • April 26th, 2024 • Genenta Science S.p.A. • Biological products, (no disgnostic substances) • New York

Genenta Science S.p.A., a Republic of Italy joint stock corporation (the “Company”), confirms its agreement (this “Agreement”) with Virtu Americas LLC and Capital One Securities, Inc. (each individually an “Agent” and together, the “Agents”), as follows:

ATM SALES AGREEMENT
Atm Sales Agreement • August 1st, 2017 • UDR, Inc. • Real estate investment trusts • New York
Up to $10,000,000 Common Stock
Atm Sales Agreement • May 17th, 2022

This prospectus and the documents incorporated by reference herein contain forward-looking statements within the meaning of Section 27A of the Securities Act and Section 21E of the Securities Exchange Act of 1934, as amended (the “Exchange Act”). Any statements about our expectations, beliefs, plans, objectives, assumptions or future events or performance are not historical facts and may be forward-looking. These statements are often, but are not always, made through the use of words or phrases such as “anticipate,” “believe,” “contemplate,” “continue,” “could,” “estimate,” “expect,” “intend,” “may,” “plan,” “potential,” “predict,” “project,” “seek,” “should,” “target,” “will,” and “would,” or the negative of these terms, or similar expressions. Such forward-looking statements are subject to certain risks, uncertainties and assumptions relating to factors that could cause actual results to differ materially from those anticipated in such statements, including, without limitation, the f

AMENDMENT NO. 1 TO ATM SALES AGREEMENT
Atm Sales Agreement • February 1st, 2012 • Paramount Gold & Silver Corp. • Metal mining • New York

Paramount Gold and Silver Corp., a Delaware corporation (the “Company”), and MLV & Co. LLC, a Delaware limited liability company, formerly known as McNicoll, Lewis & Vlak LLC, a Delaware limited liability company (“MLV”), are parties to that certain At Market Issuance Sales Agreement dated June 23, 2011 (the “Original Agreement”). All capitalized terms not defined herein shall have the meanings ascribed to them in the Original Agreement. The parties, intending to be legally bound, hereby amend the Original Agreement as follows (to be effective as set forth in paragraph 6 below):

March 24, 2023
Atm Sales Agreement • March 29th, 2023 • EzFill Holdings Inc • Retail-auto dealers & gasoline stations
Up to $30,000,000 Shares of Common Stock
Atm Sales Agreement • August 30th, 2024 • New York

Aqua Metals, Inc. has entered into an ATM Sales Agreement, or the Sales Agreement, with The Benchmark Company, LLC relating to the sale of shares of our common stock, par value $0.001 per share, offered by this prospectus supplement. In accordance with the terms of the Sales Agreement, under this prospectus supplement we may offer and sell our common stock having an aggregate offering price of up to $30,000,000 from time to time through or to The Benchmark Company, LLC, acting as our sales agent. Sales of our common stock, if any, under this prospectus supplement will be made by any method permitted that is deemed an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act of 1933, as amended, or the Securities Act. The Benchmark Company, LLC is not required to sell any specific amount but will act as our sales agent using commercially reasonable efforts consistent with its normal trading and sales practices. There is no arrangement for funds to be received in esc

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