Common Contracts

8 similar Underwriting Agreement contracts by Brickell Biotech, Inc., Eastside Distilling, Inc., Fennec Pharmaceuticals Inc., others

SOW GOOD INC. UNDERWRITING AGREEMENT [●] Shares of Common Stock
Underwriting Agreement • April 22nd, 2024 • Sow Good Inc. • Food and kindred products • New York

Sow Good Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the underwriters named in Schedule I hereto (the “Underwriters”, or each, and “Underwriter”), for whom Roth Capital Partners, LLC is acting as the representative (the “Representative”) an aggregate of [●] authorized but unissued shares (the “Firm Shares”) of common stock, par value $0.0001 per share (the “Common Stock”), of the Company. The Company also proposes to sell to the Underwriters, upon the terms and conditions set forth in Section 4 hereof, up to an additional [●] shares of Common Stock (the “Option Shares”). The Firm Shares and the Option Shares are hereinafter collectively referred to as the “Shares”. The Shares, the Underwriter Warrants (as defined below in Section 4(e)) and the Underwriter Warrant Shares (as defined below in Section 3(a)(vi)) are collectively referred to as the “Securities”.

26,316,000 Shares of Common Stock BRICKELL BIOTECH, INC. UNDERWRITING AGREEMENT
Underwriting Agreement • November 1st, 2021 • Brickell Biotech, Inc. • Biological products, (no disgnostic substances) • New York

Brickell Biotech, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to William Blair & Company, L.L.C., as representative (the “Representative”) of the several underwriters named in Schedule I hereto (each, an “Underwriter” and collectively, the “Underwriters”), an aggregate of 26,316,000 authorized but unissued shares (the “Firm Shares”) of common stock, par value $0.01 per share, of the Company (the “Common Stock”). The amount of the Firm Shares to be purchased by the Underwriters is set forth opposite each Underwriter’s name, as applicable, on Schedule I hereto. The Company also proposes to sell to the Underwriters, at the option of the Representative, up to an additional 3,947,400 shares of Common Stock (the “Option Shares”). The Firm Shares and the Option Shares are hereinafter referred to collectively as the “Shares” or the “Securities”.

11,290,323 Shares of Common Stock BRICKELL BIOTECH, INC. AMENDED AND RESTATED UNDERWRITING AGREEMENT
Underwriting Agreement • July 22nd, 2021 • Brickell Biotech, Inc. • Biological products, (no disgnostic substances) • New York

Brickell Biotech, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to H.C. Wainwright & Co., LLC, as representative (the “Representative”) of the several underwriters named in Schedule I hereto (each, an “Underwriter” and collectively, the “Underwriters”), an aggregate of 11,290,323 authorized but unissued shares (the “Firm Shares”) of common stock, par value $0.01 per share, of the Company (the “Common Stock”). The amount of the Firm Shares to be purchased by the Underwriters is set forth opposite each Underwriter’s name, as applicable, on Schedule I hereto. The Company also proposes to sell to the Underwriters, at the option of the Representative, up to an additional 1,693,548 shares of Common Stock (the “Option Shares”). The Firm Shares and the Option Shares are hereinafter referred to collectively as the “Shares” or the “Securities”. This Amended and Restated Underwriting Agreement amends, restates and supe

Vivos Therapeutics, Inc. UNDERWRITING AGREEMENT 4,000,000 Shares of Common Stock
Underwriting Agreement • May 12th, 2021 • Vivos Therapeutics, Inc. • Surgical & medical instruments & apparatus • New York

Vivos Therapeutics, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the underwriters named in Schedule I hereto (the “Underwriters,” or each, an “Underwriter”), for whom Roth Capital Partners, LLC is acting as the representative (the “Representative”), an aggregate of 4,000,000 authorized but unissued shares (the “Firm Shares”) of common stock, par value $0.0001 per share (the “Common Stock”), of the Company. The Company also proposes to sell to the Underwriters, upon the terms and conditions set forth in Section 4 hereof, up to an additional 600,000 shares of Common Stock (the “Option Shares”), which represents the number of shares of Common Stock equal to fifteen percent (15%) of the Firm Shares. The Firm Shares and the Option Shares are hereinafter collectively referred to as the “Shares”. The Shares, the Underwriter Warrants (as defined below) and the Underwriter Warrant Shares (as defined below) are co

EASTSIDE DISTILLING, INC. UNDERWRITING AGREEMENT 1,235,000 Shares of Common Stock
Underwriting Agreement • November 21st, 2018 • Eastside Distilling, Inc. • Beverages • New York

Eastside Distilling, Inc. a Nevada corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the underwriters named in Schedule I hereto (the “Underwriters,” or each, an “Underwriter”), for whom Roth Capital Partners, LLC is acting as the representative (the “Representative”), an aggregate of 1,235,000 authorized but unissued shares (the “Firm Shares”) of common stock, par value $0.0001 per share (the “Common Stock”), of the Company. The Company also proposes to sell to the Underwriters, upon the terms and conditions set forth in Section 4 hereof, up to an additional 185,250 shares of Common Stock (the “Option Shares”). The Firm Shares and the Option Shares are hereinafter collectively referred to as the “Shares”. The Shares, the Underwriter Warrants (as defined below) and the Underwriter Warrant Shares (as defined below) are collectively referred to as the “Securities.”

FENNEC PHARMACEUTICALS INC. UNDERWRITING AGREEMENT 2,352,950 Common Shares
Underwriting Agreement • December 11th, 2017 • Fennec Pharmaceuticals Inc. • Biological products, (no disgnostic substances) • New York

Fennec Pharmaceuticals Inc., a British Columbia corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the underwriters named in Schedule I hereto (the “Underwriters,” or each, an “Underwriter”), for whom Wedbush Securities Inc. is acting as the representative (the “Representative”), an aggregate of 2,352,950 authorized but unissued common shares (the “Firm Shares”), no par value (the “Common Stock”), of the Company. The Company also proposes to sell to the Underwriters, upon the terms and conditions set forth in Section 4 hereof, up to an additional 352,942 shares of Common Stock (the “Option Shares”). The Firm Shares and the Option Shares are hereinafter collectively referred to as the “Shares.” The Company and the Underwriters hereby confirm their agreement as follows:

5,350,000 Shares Uni-Pixel, Inc. Common Stock UNDERWRITING AGREEMENT
Underwriting Agreement • May 27th, 2016 • Uni-Pixel • Electronic components, nec • California

Uni-Pixel, Inc., a Delaware corporation (the “Company”), confirms its agreement, subject to the terms and conditions set forth herein, with each of the underwriters listed on Schedule A hereto (collectively, the “Underwriters”), for whom Roth Capital Partners, LLC is acting as representative (in such capacity, the “Representative”), to sell and issue to the Underwriters an aggregate of 5,350,000 authorized but unissued shares (the “Firm Shares”) of common stock, par value $0.001 per share (the “Common Stock”), of the Company. The Company also proposes, subject to the terms and conditions stated herein, to issue and sell to the Underwriters up to 802,500 shares of Common Stock (the “Additional Shares”), if and to the extent that the Underwriters shall have determined to exercise the right to purchase Additional Shares granted to the Underwriters in Section 4(b) hereof. The Firm Shares and Additional Shares are collectively referred to as the “Shares” or the “Securities”.

Form of Underwriting Agreement [ ] Shares HopFed Bancorp, Inc. Common Stock UNDERWRITING AGREEMENT
Underwriting Agreement • May 25th, 2010 • Hopfed Bancorp Inc • Savings institution, federally chartered • Illinois

HopFed Bancorp, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the several underwriters named in Schedule I hereto (the “Underwriters”) for whom Howe Barnes Hoefer & Arnett, Inc. is acting as representative (the “Representative”) an aggregate of [ ] shares (the “Firm Shares”) of the common stock, $0.01 par value per share, of the Company (“Common Stock”). The Company also proposes to sell to the several Underwriters, for the sole purpose of covering over-allotments, if any, in connection with the sale of the Firm Shares, at the option of the Underwriters, up to an additional [ ] shares of Common Stock (the “Option Shares”). The Firm Shares and the Option Shares are hereinafter referred to collectively as the “Shares.”