Vical Incorporated Sample Contracts

VICAL INCORPORATED and , As Warrant Agent FORM OF PREFERRED STOCK WARRANT AGREEMENT Dated As Of
Vical Incorporated • May 27th, 2015 • Vical Inc • Biological products, (no disgnostic substances) • New York

PREFERRED STOCK WARRANT AGREEMENT (the “Agreement”), dated as of between VICAL INCORPORATED, a Delaware corporation (the “Company”) and , a [corporation] [national banking association] organized and existing under the laws of and having a corporate trust office in , as warrant agent (the “Warrant Agent”).

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As Warrant Agent FORM OF PREFERRED STOCK WARRANT AGREEMENT Dated As Of
Vical Incorporated • May 25th, 2018 • Vical Inc • Biological products, (no disgnostic substances) • New York

PREFERRED STOCK WARRANT AGREEMENT (the “Agreement”), dated as of between VICAL INCORPORATED, a Delaware corporation (the “Company”) and , a [corporation] [national banking association] organized and existing under the laws of and having a corporate trust office in , as warrant agent (the “Warrant Agent”).

VICAL INCORPORATED Common Stock (par value $0.01 per share) At-The-Market Issuance Sales Agreement
Vical Incorporated • October 17th, 2016 • Vical Inc • Biological products, (no disgnostic substances) • New York

Vical Incorporated, a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with IFS Securities, Inc. (doing business as Brinson Patrick, a division of IFS Securities, Inc. (“BP”), as follows:

VICAL INCORPORATED Common Stock ($0.01 par value per share) AT-THE-MARKET EQUITY OFFERING SALES AGREEMENT
Vical Incorporated • November 7th, 2012 • Vical Inc • Biological products, (no disgnostic substances) • New York

Vical Incorporated, a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell from time to time to or through Stifel, Nicolaus & Company, Incorporated (“Stifel Nicolaus”), as sales agent and/or principal (“Agent”), shares (the “Shares”) of the Company’s common stock, $0.01 par value per share (the “Common Stock”), having an aggregate offering price of up to $50,000,000 (the “Maximum Offering Size”) on the terms set forth in Section 2 of this At-the-Market Equity Offering Sales Agreement (the “Agreement”). The Company agrees that whenever it determines to sell Shares directly to the Agent as principal, it will enter into a separate agreement (each, a “Terms Agreement”) in substantially the form of Annex I hereto, relating to such sale in accordance with Section 3 of this Agreement. The foregoing notwithstanding, the Company shall not issue or sell pursuant to this Agreement an aggregate amount of Common Stock that would cause

VICAL INCORPORATED COMMON STOCK PURCHASE AGREEMENT
Vical Incorporated • July 28th, 2009 • Vical Inc • Biological products, (no disgnostic substances) • New York

THIS COMMON STOCK PURCHASE AGREEMENT (the “Agreement”) is made as of the 27th day of July, 2009, by and among Vical Incorporated, a Delaware corporation (the “Company”), and the investors set forth on the signature pages hereto (the “Investors”).

As Warrant Agent FORM OF DEBT SECURITIES WARRANT AGREEMENT Dated As Of
Vical Incorporated • May 25th, 2018 • Vical Inc • Biological products, (no disgnostic substances) • New York

DEBT SECURITIES WARRANT AGREEMENT (this “Agreement”), dated as of between VICAL INCORPORATED, a Delaware corporation (the “Company”) and , a [corporation] [national banking association] organized and existing under the laws of and having a corporate trust office in , as warrant agent (the “Warrant Agent”).

VICAL INCORPORATED [2,500,000 SHARES (*)] COMMON STOCK UNDERWRITING AGREEMENT
Vical Incorporated • December 16th, 1999 • Vical Inc • Biological products, (no disgnostic substances) • New York
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