Material Agreements

DAVITA INC. amended Fourth Amendment with Wells Fargo Bank, National Association valued at $1,640,250,847.08 (effective 2024-05-09).

“On May 9, 2024, DaVita Inc. (the “Company”) entered into a Fourth Amendment (the “Fourth Amendment”) to that certain Credit Agreement dated as of August 12, 2019”

REINSURANCE GROUP OF AMERICA INC entered into Ninth Supplemental Indenture with The Bank of New York Mellon Trust Company, N.A. valued at $650 million (effective 2024-05-13).

“On May 13, 2024, Reinsurance Group of America, Incorporated (the “Company”) completed the offering of $650 million aggregate principal amount of its 5.750% Senior Notes due 2034”

INCYTE CORP entered into Purchase Agreement with Baker Entities (including Julian C. Baker, Felix J. Baker, and affiliates) valued at approximately $328.0 million (effective 2024-05-12).

“On May 12, 2024, Incyte Corporation (the “Company”) entered into a stock purchase agreement (the “Purchase Agreement”) with Julian C. Baker, a member of the Company’s board of directors, Felix J. Baker, and entities affiliated with Julian C. and Felix J. Baker, including funds advised by Baker Bros. Advisors LP (collectively, the “Baker Entities”).”

AMERICAN SHARED HOSPITAL SERVICES amended Fourth Amendment to Investment Agreement with GenesisCare USA, Inc. (effective 2024-05-07).

“On May 7, 2024, American Shared Hospital Services (the “Company”) entered into a Fourth Amendment to Investment Agreement (the “Fourth Amendment”) with GenesisCare USA, Inc. (the “Seller”) and GenesisCare USA Holdings, Inc. (“Holdings”), amending that certain Investment Purchase Agreement dated November 10, 2023 by and among the Company, Seller and Holdings (the “IPA”).”

KEY TRONIC CORP amended Fourth Amendment to the Loan, Guaranty, and Security Agreement with Bank of America, N.A. (effective 2024-03-29).

“On May 7, 2024, Key Tronic Corporation (the "Company") and certain of its domestic subsidiaries executed the Fourth Amendment (the “Amendment”) to the Loan, Guaranty, and Security Agreement, dated as of August 14, 2020 (the “Loan Agreement”), effective as of March 29, 2024, with Bank of America, N.A., as agent, sole lead arranger, sole bookrunner, and lender.”

DMC Global Inc. entered into Sublease with Pureon Inc. valued at Renewal through May 6, 2054 (effective 2024-05-07).

“On May 7, 2024, DMC Global Inc. (the “Company”) entered into a sublease (the “Sublease”) with Pureon Inc., formerly known as Mypodiamond, Inc., for the Company’s primary domestic clad metal shooting site, located in Dunbar, Pennsylvania.”

Fifth District Bancorp, Inc. entered into Agency Agreement with Performance Trust Capital Partners, LLC (effective 2024-05-10).

“On May 10, 2024, Fifth District Bancorp, Inc. (the “Company”) and Fifth District Savings Bank (the “Bank”) entered into an Agency Agreement with Performance Trust Capital Partners, LLC (“Performance Trust”), pursuant to which Performance Trust will assist the Company, on a best efforts basis, in marketing the Company’s common stock during the Company’s stock offering in connection with the Bank’s proposed conversion from a mutual savings bank to a stock savings bank.”

RenX Enterprises Corp. entered into Asset Purchase Agreement with Dr. Axely Congress valued at up to 500,000 shares of the Company’s common stock (effective 2024-05-07).

“On May 7, 2024, Safe and Green Development Corporation (the “Company”) entered into an Asset Purchase Agreement (the “APA”) with Dr. Axely Congress (the “Seller”) to purchase all of the assets related to the A.I technology known as My Virtual Online Intelligent Assistant (“MyVONIA”).”

Nano Nuclear Energy Inc. entered into Underwriting Agreement with The Benchmark Company, LLC valued at $4.00 per share (effective 2024-05-07).

“On May 7, 2024, Nano Nuclear Energy Inc., a Nevada corporation, (the “ Company ”), entered into an underwriting agreement (the “ Underwriting Agreement ”) with The Benchmark Company, LLC, acting as the sole book-running manager (“ Benchmark ”) of the Company’s firm commitment underwritten initial public offering (the “ Offering ”).”

Everest Consolidator Acquisition Corp entered into Commitment Letter with Everest Consolidator Sponsor, LLC (effective 2024-05-08).

“On May 8, 2024, Everest Consolidator Sponsor, LLC (the “Sponsor”) executed a written commitment (the “Commitment Letter”) to the Company to pay any amount that the Company is unable to pay that is owed by the Company to the Internal Revenue Service with respect to federal income tax obligations or to the Division of Corporations of the State of Delaware with respect to franchise tax obligations, including upon and following a liquidation of the Trust Account, as a result of the Company’s use of the Withdrawn Trust Funds (as defined in the Company’s Form 10-Q/A for the quarter ended September 30, 2023), restricted for payment of such tax liabilities, for general corporate purposes.”

TortoiseEcofin Acquisition Corp. III amended First Amendment to the Business Combination Agreement with One Energy Enterprises Inc., TRTL Holding Corp., TRTL III Merger Sub Inc., OEE Merger Sub Inc. (effective 2024-05-13).

“On May 13, 2024, TRTL, One Energy, Pubco and the Merger Subs entered into the First Amendment to the Business Combination Agreement (" Amendment No. 1 ")”

NKGen Biotech, Inc. amended Amendment with Generating Apha Ltd. ("Alpha") (effective 2024-05-13).

“On May 13, 2024, NKGen Biotech, Inc. (the “Company”) and Generating Apha Ltd. (“Alpha”) entered into an amendment (the “Amendment”) to the securities purchase agreement, dated as of May 7, 2024, between the Company and Alpha (the “Purchase Agreement”).”

Estrella Immunopharma, Inc. amended Amendment No. 1 to the Statement of Work with Eureka Therapeutics, Inc. (effective 2024-03-04).

“On May 13, 2024, Estrella Immunopharma, Inc. (the “Company”), Estrella Biopharma, Inc. (“Estrella”), a wholly-owned subsidiary of the Company and the sole operating subsidiary of the Company, and Eureka Therapeutics, Inc. (“Eureka”), the controlling shareholder of the Company, entered into Amendment No. 1 to the Statement of Work (“Amendment No. 1”), effective as of March 4, 2024, which amends Statement of Work #001 (the “SOW”), dated and effective as of March 4, 2024, among the Company, Estrella, and Eureka, relating to the services (“Services”) to be performed by Eureka for Estrella in connection with Estrella’s EB103 anti-CD19 ARTEMIS® clinical trial.”

ZeroFox Holdings, Inc. terminated Loan and Security Agreement with Stifel Bank valued at The Company terminated the Loan and Security Agreement and repaid all advances and other obligations (effective 2024-05-13).

“Concurrently with the closing of the Merger, the Company terminated that certain Loan and Security Agreement, dated January 7, 2021, as amended or supplemented from time to time, by and among the Company, the other loan parties thereto and Stifel Bank and concurrently repaid all advances and other obligations outstanding thereunder.”

ZeroFox Holdings, Inc. terminated Note Repurchase Agreements with Noteholders valued at The Company repurchased approximately $174.4 million aggregate payoff amount of Notes, constituting (effective 2024-05-13).

“Concurrently with the closing of the Merger, in accordance with the terms of the Note Repurchase Agreements, the Company repurchased approximately $174.4 million aggregate payoff amount of Notes (including accrued and unpaid interest through the closing date under the Credit Agreement) from the Noteholders, constituting payment in full and cancellation of the Notes.”

ZeroFox Holdings, Inc. entered into Credit Agreement with Monroe Capital Management Advisors, LLC valued at $120,000,000 initial term loan and $10,000,000 revolving credit facility (effective 2024-05-13).

“On May 13, 2024, in connection with the Merger, ZI Intermediate I, Inc., a Delaware corporation (“Holdings”), Parent, entered into a credit agreement (the “Credit Agreement”) with Monroe Capital Management Advisors, LLC, as the administrative agent, the collateral agent, and the letter of credit issuer, and certain lenders party thereto.”

APi Group Corp amended Amendment No. 6 to Credit Agreement with Citibank, N.A., as collateral agent and as administrative agent valued at approximately $2,257 million (effective 2024-05-10).

“On May 10, 2024 (the “Funding Date”), APi Group DE, Inc. (the “Borrower”), a wholly owned subsidiary of APi Group Corporation (the “Company”) entered into and closed the transactions contemplated by that certain Amendment No. 6 to Credit Agreement (“Amendment No. 6”), by and among the Borrower, the Company, certain subsidiaries of the Borrower party thereto, Citibank, N.A., as collateral agent and as administrative agent (in such collective capacities, the “Agent”), and the lenders party thereto”

Valion Bio, Inc. entered into Placement Agency Agreement with Maxim Group LLC valued at $280,245.00 (effective 2024-05-09).

“On May 9, 2024, the Company and the Placement Agent entered into a Placement Agency Agreement (the “Placement Agency Agreement”), pursuant to which, as compensation for services rendered by the Placement Agent in connection with the Offering, the Company agreed to pay the Placement Agent an aggregate cash fee of 7.0% of the gross proceeds of the Offering (amounting to $280,245.00) at closing, as well as $100,000.00 for the reimbursement of certain of the Placement Agent’s expenses.”

Valion Bio, Inc. entered into Securities Purchase Agreement with certain investors valued at approximately $4.0 million (effective 2024-05-09).

“On May 9, 2024, Tivic Health Systems, Inc., a Delaware corporation (the “Company”), entered into a Securities Purchase Agreement (the “Purchase Agreement”) with certain investors (the “Investors”), pursuant to which the Company agreed to sell, issue, and deliver, in a registered public offering (the “Offering”) (i) 4,710,000 shares (“Shares”) of common stock (the “Common Stock”), par value $0.0001 per share, (ii) 4,710,000 Series A warrants (the “Series A Warrants”) to purchase up to 4,710,000 shares of Common Stock and (iii) 7,065,000 Series B warrants (the “Series B Warrants” and collectively with the Series A Warrants, the “Common Warrants”) to purchase up to 7,065,000 shares of Common Stock, to the Investors.”

Canopy Growth Corp amended Eighth Amendment to the Floating Share Arrangement Agreement with Canopy USA, LLC and Acreage Holdings, Inc. (effective 2024-05-08).

“On May 8, 2024, the Company, Canopy USA and Acreage entered into an eighth amendment to the Floating Share Arrangement Agreement (the “ Amendment ”).”

Fisker Inc./DE entered into Securities Purchase Agreement with the holder of the 0% senior convertible notes due 2025 (the "Investor") valued at $3,456,000 (effective 2024-05-10).

“On May 10, 2024, Fisker Inc. (the “Company,” “we,” “us” or “our”) entered into a Securities Purchase Agreement (the “Securities Purchase Agreement”) with the holder of the 0% senior convertible notes due 2025 (the “Investor”) pursuant to which the Company agreed to sell, and the Investor agreed to purchase, $3,456,000 in aggregate principal amount of senior secured notes due 2024 (the “Notes”)”

Kinetik Holdings Inc. entered into Purchase and Sale Agreement with GCX Pipeline, LLC valued at total purchase price $540 million (effective 2024-05-09).

“Also on May 9, 2024, the Company entered into a Purchase and Sale Agreement (the “GCX Purchase Agreement”) with GCX Pipeline, LLC, an affiliate of ArcLight Capital Partners, LLC (the “GCX Buyer”), pursuant to which the Company has agreed to sell its 16% membership interest in Gulf Coast Express Pipeline LLC (“GCX”) to the GCX Buyer for a total purchase price of $540 million (the “GCX Sale”), consisting of $510 million of cash (subject to customary adjustments) at closing and an additional $30 million earn out in cash upon the approval by the GCX Board of Directors of one or more capital projects that achieve certain capacity expansion criteria.”

Kinetik Holdings Inc. entered into Membership Interest Purchase Agreement with Durango Midstream LLC valued at purchase price approximately $765 million (effective 2024-05-09).

“On May 9, 2024, Kinetik Holdings Inc. (the “Company”) entered into a Membership Interest Purchase Agreement (the “Durango MIPA”) with Durango Midstream LLC, an affiliate of Morgan Stanley Energy Partners (the “Durango Seller”), and Kinetik Holdings, LP, a subsidiary of the Company (the “Partnership”), pursuant to which the Partnership has agreed to purchase all of the membership interests of Durango Permian, LLC (“Durango”) from Durango Seller for an aggregate purchase price of approximately $765 million (the “Durango Acquisition”), consisting of (i) $315 million of cash to be paid at closing, (ii) approximately 3.8 shares of Class C Common Stock, par value $0.0001 per share of the Company (“Class C Common Stock”) (and an equivalent number of common units in the Partnership (“OpCo Units”)), to be issued at closing and (iii) approximately 7.7 million shares of Class C Common Stock (and an equivalent number of OpCo Units) to be issued on July 1, 2025.”

Datavault AI Inc. entered into Placement Agency Agreement with Maxim Group LLC valued at 8.0% of the gross proceeds (effective 2024-05-13).

“In connection with the Offerings, on May 13, 2024, the Company entered into a placement agency agreement (the “Placement Agency Agreement”) with Maxim Group LLC (the “Placement Agent”), pursuant to which the Placement Agent agreed to act as placement agent on a “reasonable best efforts” basis in connection with the Offerings.”

Datavault AI Inc. entered into Purchase Agreement with certain purchasers valued at approximately $2,600,000 (effective 2024-05-13).

“On May 13, 2024, WiSA Technologies, Inc., a Delaware corporation (the “Company”), entered into a securities purchase agreement (the “Purchase Agreement”) with certain purchasers, pursuant to which the Company agreed to issue and sell to such purchasers (a) in a registered direct offering, 785,000 shares (the “Shares”) of common stock, par value $0.0001 per share (the “Common Stock”), of the Company, at an offering price of $3.31 per share, and (b) in a concurrent private placement, common stock purchase warrants (the “Warrants”) exercisable for an aggregate of up to 785,000 shares of Common Stock, at an exercise price of $3.18 per share (the “Warrant Shares”), for aggregate gross proceeds of approximately $2,600,000”

Fulcrum Therapeutics, Inc. entered into a collaboration with Genzyme Corporation, a wholly-owned subsidiary of Sanofi valued at $80.0 million (effective 2024-05-11).

“On May 11, 2024, Fulcrum Therapeutics, Inc., or Fulcrum, entered into a collaboration and license agreement with Genzyme Corporation, a wholly-owned subsidiary of Sanofi, or Sanofi, pursuant to which Fulcrum granted Sanofi an exclusive license under certain intellectual property rights to commercialize losmapimod, an oral small molecule for the treatment of facioscapulohumeral muscular dystrophy, or FSHD, outside of the United States.”

OnKure Therapeutics, Inc. entered into Merger Agreement with Reneo Pharmaceuticals, Inc. (effective 2024-05-10).

“On May 10, 2024, Reneo Pharmaceuticals, Inc., a Delaware corporation (“ Reneo ”) entered into an Agreement and Plan of Merger (the “ Merger Agreement ”) by and among Reneo, Radiate Merger Sub I, Inc., a Delaware corporation and a direct, wholly owned subsidiary of Reneo (“ Merger Sub I ”), Radiate Merger Sub II, LLC, a Delaware limited liability company and a direct, wholly owned subsidiary of Reneo (“ Merger Sub II ”), and OnKure, Inc., a Delaware corporation (“ OnKure ”)”

AVENUE THERAPEUTICS, INC. entered into At the Market Offering Agreement with H.C. Wainwright & Co. LLC valued at $3,850,000 (effective 2024-05-10).

“On May 10, 2024, Avenue Therapeutics, Inc. (the “ Company ”) entered into an At the Market Offering Agreement (the “ Offering Agreement ”) with H.C. Wainwright & Co. LLC (the “ Manager ”) under which the Company may offer and sell, from time to time at its sole discretion, shares of its common stock”

GridAI Technologies Corp. entered into Placement Agency Agreement with Roth Capital Partners, LLC (effective 2024-05-10).

“On May 10, 2024, First Wave BioPharma, Inc. (the “Company”) entered into a placement agency agreement (the “Placement Agency Agreement”) with Roth Capital Partners, LLC (the “Placement Agent”)”

GridAI Technologies Corp. entered into Purchase Agreement with certain purchasers valued at approximately $0.9 million (effective 2024-05-10).

“On May 10, 2024, First Wave BioPharma, Inc. (the “Company”) entered into a placement agency agreement (the “Placement Agency Agreement”) with Roth Capital Partners, LLC (the “Placement Agent”) and a securities purchase agreement (the “Purchase Agreement”) with certain purchasers”

NAVIENT CORP entered into Master Terms Agreement with Higher Education Loan Authority of the State of Missouri valued at Navient outsources student loan servicing operations to MOHELA; MOHELA will act as sub-servicer and (effective 2024-05-07).

“On May 7, 2024, Navient Solutions, LLC (“Navient”), a Delaware limited liability company and a wholly owned subsidiary of Navient Corporation (the “Company”), and Higher Education Loan Authority of the State of Missouri (“MOHELA”), a leading provider of student loan servicing for government and commercial enterprises and a body politic and corporate and public instrumentality of the State of Missouri, entered into a Master Terms Agreement (the “MTA”).”

Summit Therapeutics Inc. entered into Distribution Agreement with J.P. Morgan Securities LLC valued at up to $90,000,000 (effective 2024-05-13).

“On May 13, 2024, Summit Therapeutics Inc. (the “Company”) entered into a distribution agreement (the “Distribution Agreement”) with J.P. Morgan Securities LLC (“Sales Agent”), as sales agent, pursuant to which the Company may offer and sell, from time to time, through the Sales Agent, shares of the Company’s common stock, par value $0.01 per share, having an aggregate offering price of up to $90,000,000 (the “Shares”).”

Snap Inc entered into Indenture with U.S. Bank Trust Company, National Association (effective 2024-05-13).

“The Notes were issued pursuant to an Indenture, dated May 13, 2024 (the "Indenture"), between us and U.S. Bank Trust Company, National Association, as trustee ("Trustee").”

SRAX, Inc. entered into Agreement and Plan of Merger with DNA Holdings Venture, Inc. (effective 2024-05-07).

“On May 7, 2024, SRAX, Inc., a Delaware corporation (“SRAX”), entered into a definitive Agreement and Plan of Merger (the “Merger Agreement”) with DNA Holdings Venture, Inc., a Puerto Rico corporation (“DNA”), and DNA Merger Sub, Inc., a Delaware corporation and wholly-owned subsidiary of SRAX (“Merger Sub”).”

TPG Mortgage Investment Trust, Inc. entered into Underwriting Agreement with Morgan Stanley & Co. LLC, RBC Capital Markets, LLC, UBS Securities LLC, Wells Fargo Securities, LLC, Keefe, Bruyette & Woods, Inc. and Piper Sandler & Co. valued at $65.0 million aggregate principal amount (effective 2024-05-08).

“the Company entered into an underwriting agreement (the “Underwriting Agreement”), dated as of May 8, 2024, by and among the Company and AG REIT Management, LLC and Morgan Stanley & Co. LLC, RBC Capital Markets, LLC, UBS Securities LLC, Wells Fargo Securities, LLC, Keefe, Bruyette & Woods, Inc. and Piper Sandler & Co., as underwriters (collectively, the “Underwriters”), whereby the Company agreed to sell to the Underwriters and the Underwriters agreed to purchase from the Company, subject to and upon the terms and conditions set forth in the Underwriting Agreement, the Notes.”

VivoSim Labs, INC. entered into Securities Purchase Agreements with certain purchasers valued at Public offering of 1,562,500 shares of common stock and accompanying Common Warrants at $0.80 per un (effective 2024-05-08).

“In connection with the Offering, the Company entered into Securities Purchase Agreements (the “Purchase Agreements”) with certain purchasers on May 8, 2024.”

VivoSim Labs, INC. entered into Placement Agency Agreement with JonesTrading Institutional Services LLC valued at Cash fee of 5.0% of aggregate gross proceeds raised in the Offering; net proceeds approximately $4.7 (effective 2024-05-08).

“In connection with the Offering, the Company entered into a Placement Agency Agreement (the “Placement Agency Agreement”) on May 8, 2024 with JonesTrading Institutional Services LLC (the “Placement Agent”), as the placement agent in connection with the Offering.”

Squarespace, Inc. entered into Merger Agreement with Spaceship Purchaser, Inc. and Spaceship Group MergerCo, Inc. valued at $44.00 (effective 2024-05-13).

“On May 13, 2024, Squarespace, Inc., a Delaware corporation (the “ Company ”), entered into an Agreement and Plan of Merger (the “ Merger Agreement ”) with Spaceship Purchaser, Inc., a Delaware corporation (“ Parent ”), and Spaceship Group MergerCo, Inc., a Delaware corporation and wholly owned subsidiary of Parent (“ Merger Sub ”, and together with Parent, the “ Buyer Parties ”), providing for the merger of Merger Sub with and into the Company, with the Company continuing as the surviving corporation (the “ Merger ”).”

GRAPHIC PACKAGING HOLDING CO entered into Ninth Supplemental Indenture with U.S. Bank Trust Company, National Association valued at $500,000,000 aggregate principal amount of 6.375% senior unsecured notes due 2032 (effective 2024-05-13).

“On May 13, 2024, Graphic Packaging International, LLC, the primary operating subsidiary of Graphic Packaging Holding Company (the “Company”), completed its previously announced private offering of $500.0 million aggregate principal amount of its 6.375% senior unsecured notes due 2032 (the “Senior Notes”).”

ARES CAPITAL CORP entered into Indenture (Base Indenture and First Supplemental Indenture) with U.S. Bank Trust Company, National Association valued at $850,000,000 (effective 2024-05-13).

“On May 13, 2024, Ares Capital Corporation (the “Company”) and U.S. Bank Trust Company, National Association (the “Trustee”), entered into an Indenture, dated May 13, 2024, between the Company and the Trustee (the “Base Indenture”) and a First Supplemental Indenture, dated May 13, 2024, between the Company and the Trustee (the “First Supplemental Indenture” and, together with the “Base Indenture,” the “Indenture”).”

CNO Financial Group, Inc. amended Third Supplemental Indenture with U.S. Bank Trust Company, National Association (effective 2024-05-13).

“The Notes were issued under the Indenture, dated as of June 12, 2019 (the “Base Indenture”) as supplemented by the Third Supplemental Indenture, dated as of May 13, 2024 (the “Supplemental Indenture” and, together with the Base Indenture, the “Indenture”), each between the Company and U.S. Bank Trust Company, National Association (as successor in interest to U.S. Bank National Association), as trustee (the “Trustee”).”

CNO Financial Group, Inc. entered into Underwriting Agreement with Goldman Sachs & Co. LLC, RBC Capital Markets, LLC and Barclays Capital Inc. valued at $700.0 million (effective 2024-05-08).

“On May 8, 2024, CNO Financial Group, Inc. (the “Company”), entered into an underwriting agreement (the “Underwriting Agreement”) with Goldman Sachs & Co. LLC, RBC Capital Markets, LLC and Barclays Capital Inc., as representatives of the several underwriters listed therein (the “Underwriters”), in connection with the offer and sale by the Company of $700.0 million of 6.450% senior notes due 2034 (the “Notes”).”

PROVIDENT FINANCIAL SERVICES INC entered into Indenture with Wilmington Trust, National Association valued at $225.0 million aggregate principal amount of 9.00% Fixed-to-Floating Rate Subordinated Notes due 203 (effective 2024-05-13).

“the Company and Wilmington Trust, National Association, as trustee entered into an Indenture dated as of May 13, 2024 (the “Base Indenture”) and a First Supplemental Indenture dated as of May 13, 2024 to the Base Indenture (the “Supplemental Indenture” and, together with the Base Indenture, the “Indenture”), providing for the issuance of the Notes.”

Veradigm Inc. amended Amendment No. 1 to Stockholder Rights Plan with Broadridge Corporate Issuer Solutions, LLC (effective 2024-05-10).

“The Company entered into, that certain Amendment No. 1 to Stockholder Rights Plan (the "Amendment"), which amends the Stockholder Rights Agreement, dated as of February 26, 2024 (the "Rights Agreement"), by and between the Company and Broadridge Corporate Issuer Solutions, LLC, as rights agent”

LIVEPERSON INC entered into Exchange and Purchase Agreement with Lynrock Lake Master Fund LP valued at $145,957,000 aggregate principal amount of the Company’s outstanding 0% Convertible Senior Notes due (effective 2024-05-13).

“On May 13, 2024, LivePerson, Inc. (the “Company”) entered into a privately negotiated exchange and purchase agreement (the “Exchange and Purchase Agreement”) with Lynrock Lake Master Fund LP (“Lynrock”) relating to (i) the exchange (the “Exchange”) of $145,957,000 aggregate principal amount of the Company’s outstanding 0% Convertible Senior Notes due December 15, 2026 (the “2026 Notes”) currently held by Lynrock (the “Existing Lynrock Notes”) for $100,000,000 aggregate principal amount of Senior Secured Convertible Notes due 2029 (the “New Notes”), (ii) a private offering and sale of up to $100,000,000 in aggregate principal amount of the New Notes to Lynrock for an aggregate subscription price of up to $100,000,000, of which Lynrock intends to purchase $50,000,000 principal amount of New Notes for an aggregate cash purchase price equal to the aggregate principal amount of the New Notes so purchased simultaneously with the Exchange (the “Initial Draw Notes”), and, upon the Company’s re”

AXON ENTERPRISE, INC. entered into Distribution Agreement with J.P. Morgan Securities LLC valued at up to 1,954,450 shares of common stock (effective 2024-05-13).

“On May 13, 2024, the Company entered into a new distribution agreement (the “Distribution Agreement”) with J.P. Morgan Securities LLC (the “Agent”) specifically for those 1,954,450 unsold shares that the Company has carried over and registered under Post-Effective Amendment No. 1 filed April 19, 2024 to the Registration Statement on Form S-3 (File No. 333-277559) originally filed on March 1, 2024.”

NOVAVAX INC entered into Collaboration and License Agreement with Sanofi Pasteur Inc. valued at $500 million (effective 2024-05-10).

“On May 10, 2024, Novavax, Inc. (the “Company”) entered into a collaboration and license agreement (the “Collaboration and License Agreement”) with Sanofi Pasteur Inc. (“Sanofi”)”

Air Transport Services Group, Inc. amended amended and restated Warrant-C with Amazon.com, Inc. (effective 2024-05-06).

“(“ ATSG ”) filed a Form 8-K to report certain transactions with Amazon.com, Inc. (“ Amazon ”) and Amazon.com Services LLC (“ ASL ”). At the time ATSG filed the Form 8-K, certain exhibits were not available for filing.”

Air Transport Services Group, Inc. entered into Second Amended and Restated Stockholders Agreement with Amazon.com, Inc. (effective 2024-05-06).

“On May 6, 2024, ATSG and Amazon entered into that certain Second Amended and Restated Stockholders Agreement (the “ 2 nd A&R Stockholder Agreement ”)”