FIRST POTOMAC REALTY TRUST SECOND AMENDED AND RESTATED CONTROLLED EQUITY OFFERINGSM SALES AGREEMENTControlled Equity Offerings Sales Agreement • September 2nd, 2011 • First Potomac Realty Trust • Real estate investment trusts • New York
FIRST POTOMAC REALTY TRUST, a Maryland real estate investment trust corporation (the “Company”), and FIRST POTOMAC REALTY INVESTMENT LIMITED PARTNERSHIP, a Delaware limited partnership, the sole general partner of which is the Company (the “Operating Partnership”), previously entered into a Controlled Sales Agreement with Cantor Fitzgerald & Co. (“CF&Co”), dated November 11, 2008, which contemplated the offer and sale from time to time through CF&Co., as sales agent, of up to 3,000,000 common shares of beneficial interest, par value $0.001 per share (the “Common Shares”), pursuant to which the Company offered and sold 2,756,100 Common Shares (the “Sales Agreement”). On May 19, 2010, the Company amended and restated the Sales Agreement with CF&Co., which contemplated the offer and sale of up to 5,243,900 Common Shares from time to time through CF&Co., as sales agent (the “Amended and Restated Sales Agreement”). As of the date hereof, none of the 5,243,900 Common Shares have been offered
GUGGENHEIM TAXABLE MUNICIPAL BOND & INVESTMENT GRADE DEBT TRUST COMMON SHARES (PAR VALUE $0.01 PER SHARE) SECOND AMENDMENT TO CONTROLLED EQUITY OFFERINGSM SALES AGREEMENT April 12, 2023Controlled Equity Offerings Sales Agreement • April 21st, 2023 • Guggenheim Taxable Municipal Bond & Investment Grade Debt Trust
THIS SECOND AMENDMENT (this “Second Amendment”) to the Sales Agreement (defined below) is entered into on and as of April 12, 2023, by and among Guggenheim Taxable Municipal Bond & Investment Grade Debt Trust, a statutory trust organized under the laws of the State of Delaware (the “Fund”), Guggenheim Funds Investment Advisors, LLC, a Delaware limited liability company (the “Adviser”) and Cantor Fitzgerald & Co. (“CF&Co”, and together with the Fund and Adviser, the “Parties”). Capitalized terms used and not defined in this Second Amendment have the meanings ascribed thereto in the Sales Agreement.
AMENDMENT NO. 1 TO CONTROLLED EQUITY OFFERINGSM SALES AGREEMENTControlled Equity Offerings Sales Agreement • June 5th, 2009 • Paragon Shipping Inc. • Deep sea foreign transportation of freight
This Amendment No. 1 (this “Amendment No. 1”) to the Controlled Equity OfferingSM Sales Agreement, dated April 15, 2009 (the “Agreement”), between Paragon Shipping Inc., a corporation incorporated under the laws of the Republic of the Marshall Islands (the “Company”), and Cantor Fitzgerald & Co. (“CF&Co.”) is made and entered into as of the 4th day of June, 2009, by and among the parties hereto. Terms used and not otherwise defined herein have the meanings ascribed to them in the Agreement.
AMENDMENT NO. 2 TO CONTROLLED EQUITY OFFERINGSM SALES AGREEMENTControlled Equity Offerings Sales Agreement • November 2nd, 2023 • Cerus Corp • Surgical & medical instruments & apparatus • New York
Cerus Corporation (the “Company”), Cantor Fitzgerald & Co. (“Cantor”) and Stifel, Nicolaus & Company, Incorporated (“Stifel”, each of Cantor and Stifel individually an “Agent” and collectively, the “Agents”) are parties to that certain Controlled Equity OfferingSM Sales Agreement, dated December 11, 2020, as amended by Amendment No. 1 to Controlled Equity OfferingSM Sales Agreement, dated March 1, 2023 (as amended, the “Original Agreement”). All capitalized terms not defined herein shall have the meanings ascribed to them in the Original Agreement. The parties hereto, intending to be legally bound, hereby amend the Original Agreement as follows:
GLOBAL MEDICAL REIT INC. AMENDMENT NO. 1 TO CONTROLLED EQUITY OFFERINGSM SALES AGREEMENTControlled Equity Offerings Sales Agreement • June 21st, 2019 • Global Medical REIT Inc. • Real estate investment trusts • New York
TORTOISE ENERGY INFRASTRUCTURE CORPORATION COMMON STOCK ($0.001 PAR VALUE) THIRD AMENDMENT TO CONTROLLED EQUITY OFFERINGSM SALES AGREEMENT December 16, 2015Controlled Equity Offerings Sales Agreement • December 18th, 2015 • Tortoise Energy Infrastructure Corp
THIS THIRD AMENDMENT (this “Amendment”) to the Sales Agreement (defined below) is entered into on and as of December 16, 2015, by and among Tortoise Energy Infrastructure Corporation, a Maryland corporation (the “Fund”), Tortoise Capital Advisors, LLC, a Delaware limited liability company (the “Adviser”) and Cantor Fitzgerald & Co. (the “Agent”, and together with the Fund and Adviser, the “Parties”). Capitalized terms used and not defined in this Amendment have the meanings ascribed thereto in the Sales Agreement (as defined below).
AMENDMENT NO. 1 TO CONTROLLED EQUITY OFFERINGSM SALES AGREEMENTControlled Equity Offerings Sales Agreement • March 18th, 2022 • Asensus Surgical, Inc. • Surgical & medical instruments & apparatus • New York
Asensus Surgical, Inc. (the “Company”), Cantor Fitzgerald & Co. (“Cantor”), Robert W. Baird & Co. Incorporated (“Baird”) and Oppenheimer & Co. Inc. (“Oppenheimer”, each of Cantor, Baird and Oppenheimer individually an “Agent” and collectively, the “Agents”) are parties to that certain Controlled Equity OfferingSM Sales Agreement dated May 19, 2021 (the “Original Agreement”). All capitalized terms not defined herein shall have the meanings ascribed to them in the Original Agreement. The parties hereto, intending to be legally bound, hereby amend the Original Agreement as follows:
AMENDMENT NO. 1 TO CONTROLLED EQUITY OFFERINGSM SALES AGREEMENTControlled Equity Offerings Sales Agreement • March 1st, 2023 • Cerus Corp • Surgical & medical instruments & apparatus • New York
Cerus Corporation (the “Company”), Cantor Fitzgerald & Co. (“Cantor”) and Stifel, Nicolaus & Company, Incorporated (“Stifel”, each of Cantor and Stifel individually an “Agent” and collectively, the “Agents”) are parties to that certain Controlled Equity OfferingSM Sales Agreement dated December 11, 2020 (the “Original Agreement”). All capitalized terms not defined herein shall have the meanings ascribed to them in the Original Agreement. The parties hereto, intending to be legally bound, hereby amend the Original Agreement as follows:
TORTOISE ENERGY INFRASTRUCTURE CORPORATION COMMON STOCK ($0.001 PAR VALUE) FIFTH AMENDMENT TO CONTROLLED EQUITY OFFERINGSM SALES AGREEMENT December 12, 2017Controlled Equity Offerings Sales Agreement • December 13th, 2017 • Tortoise Energy Infrastructure Corp
THIS FIFTH AMENDMENT (this “Amendment”) to the Sales Agreement (defined below) is entered into on and as of December 12, 2017, by and among Tortoise Energy Infrastructure Corporation, a Maryland corporation (the “Fund”), Tortoise Capital Advisors, LLC, a Delaware limited liability company (the “Adviser”) and Cantor Fitzgerald & Co. (the “Agent”, and together with the Fund and Adviser, the “Parties”). Capitalized terms used and not defined in this Amendment have the meanings ascribed thereto in the Sales Agreement (as defined below).
TORTOISE ENERGY INFRASTRUCTURE CORPORATION COMMON STOCK ($0.001 PAR VALUE) SIXTH AMENDMENT TO CONTROLLED EQUITY OFFERINGSM SALES AGREEMENT April 27, 2018Controlled Equity Offerings Sales Agreement • April 27th, 2018 • Tortoise Energy Infrastructure Corp
THIS SIXTH AMENDMENT (this “Amendment”) to the Sales Agreement (defined below) is entered into on and as of April 27, 2018, by and among Tortoise Energy Infrastructure Corporation, a Maryland corporation (the “Fund”), Tortoise Capital Advisors, L.L.C., a Delaware limited liability company (the “Adviser”) and Cantor Fitzgerald & Co. (the “Agent”, and together with the Fund and Adviser, the “Parties”). Capitalized terms used and not defined in this Amendment have the meanings ascribed thereto in the Sales Agreement (as defined below).
AMENDMENT NO. 1 TO THE CONTROLLED EQUITY OFFERINGSM SALES AGREEMENTControlled Equity Offerings Sales Agreement • August 8th, 2012 • CapLease, Inc. • Real estate investment trusts
THIS AMENDMENT NO. 1, dated as of August 6, 2012 (this “Amendment”), by and among CAPLEASE, INC., a Maryland corporation (the “Company”), CAPLEASE, LP, a Delaware limited partnership (the “Operating Partnership”), and Cantor Fitzgerald & Co. (“CF&Co”), is an amendment to the Controlled Equity OfferingSM Sales Agreement, dated May 25, 2012 (the “Agreement”) among the Company, the Operating Partnership and CF&Co.
