Material Agreements

American Cannabis Company, Inc. terminated Agreement and Plan of Merger with HyperScale Nexus Holding Corporation (effective 2024-03-01).

“On March 1, 2024, pursuant to Section 8.1(a) of the Agreement and Plan of Merger ("Agreement") and Section 12.1(a) of the Separation and Distribution Agreement with HyperScale Nexus Holding Corporation, previously disclosed on Form 8-K, and Form 14C, the parties mutually agreed to completely terminate the respective transactions.”

StoneX Group Inc. entered into Indenture with The Bank of New York Mellon valued at $550 million (effective 2024-03-01).

“On March 1, 2024, StoneX Group Inc. (the “Company”) completed the issuance and sale of $550 million in aggregate principal amount of its 7.875% Senior Secured Notes due 2031 (the “Notes”). The Notes were issued pursuant to an Indenture, dated March 1, 2024 (the “Indenture”), by and among the Company, the guarantors party thereto from time to time and The Bank of New York Mellon, as trustee (in such capacity, the “Trustee”) and collateral agent (in such capacity, the “Collateral Agent”).”

PROGRESS SOFTWARE CORP /MA entered into Indenture with U.S. Bank Trust Company, National Association valued at $450.0 million aggregate principal amount (effective 2024-03-01).

“On March 1, 2024, Progress Software Corporation (the “ Company ”) issued and sold $450.0 million aggregate principal amount of its 3.50% Convertible Senior Notes due 2030 (the “ Notes ”), pursuant to an indenture (the “ Indenture ”), dated as of March 1, 2024, between the Company and U.S. Bank Trust Company, National Association, as trustee (the “ Trustee ”).”

Coterra Energy Inc. entered into Underwriting Agreement with J.P. Morgan Securities LLC, TD Securities (USA) LLC, Wells Fargo Securities, LLC and BofA Securities, Inc., as representatives of the several underwriters valued at $500,000,000 (effective 2024-02-28).

“On February 28, 2024, Coterra Energy Inc. (the “Company”) entered into an underwriting agreement (the “Underwriting Agreement”) with J.P. Morgan Securities LLC, TD Securities (USA) LLC, Wells Fargo Securities, LLC and BofA Securities, Inc., as representatives of the several underwriters named in Schedule 1 of the Underwriting Agreement (the “Underwriters”), relating to the underwritten public offering of $500,000,000 aggregate principal amount of the Company’s 5.60% Senior Notes due 2034 (CUSIP: 127097AL7; ISIN: US127097AL75) (the “Notes”).”

EAGLE PHARMACEUTICALS, INC. amended Second Amendment to Third Amended and Restated Credit Agreement with JPMorgan Chase Bank, N.A., as administrative agent, and the lenders party thereto (effective 2024-02-29).

“On February 29, 2024 (the “Amendment Date”), Eagle Pharmaceuticals, Inc. (the “Company”), entered into a Second Amendment to Third Amended and Restated Credit Agreement (the “Second Amendment Agreement”) with JPMorgan Chase Bank, N.A., as administrative agent (the “Agent”), and the lenders party thereto (the “Lenders”), which amends the terms of (i) the Company’s Third Amended and Restated Credit Agreement, dated as of November 1, 2022”

HEALTHPEAK PROPERTIES, INC. entered into Revolver Amendment with Bank of America, N.A. valued at Consent and Amendment No. 2 and Joinder to Second Amended and Restated Credit Agreement (effective 2024-03-01).

“On the Closing Date, concurrently with the consummation of the Mergers, Healthpeak OP and Healthpeak entered into (a) the Consent and Amendment No. 2 and Joinder (the " Revolver Amendment ") to its Second Amended and Restated Credit Agreement, dated as of September 20, 2021, by and among Healthpeak OP, Healthpeak, DOC DR Holdco, DOC DR OP Sub, the lenders party thereto and Bank of America, N.A., as administrative agent”

HEALTHPEAK PROPERTIES, INC. entered into DOC Amendment to Third Amended and Restated Credit Agreement with KeyBank National Association valued at $400 million term loan; borrowings repaid and revolvers terminated (effective 2024-03-01).

“On the Closing Date, upon consummation of the Mergers, Healthpeak, Healthpeak OP, DOC DR Holdco and DOC DR OP Sub executed the Consent and Third Amendment (the " DOC Amendment ") to that certain Third Amended and Restated Credit Agreement, dated as of September 24, 2021, by and among Physicians Partnership, as borrower, Physicians Realty Trust, as guarantor, the lenders party thereto and KeyBank National Association, as administrative agent”

Celldex Therapeutics, Inc. entered into Underwriting Agreement with Leerink Partners LLC and Cowen and Company, LLC valued at approximately $376.2 million (effective 2024-02-29).

“On February 29, 2024, Celldex Therapeutics, Inc. (the “Company”) entered into an underwriting agreement (the “Underwriting Agreement”) with Leerink Partners LLC and Cowen and Company, LLC (the “Representatives”), as representatives of the several underwriters named therein (the “Underwriters”), relating to the offering, issuance and sale of 8,520,000 shares (the “Shares”) of the Company’s common stock, par value $0.001 (the “Common Stock”), at a price to the public of $47.00 per share (the “Offering”). The net proceeds to the Company from the Offering are expected to be approximately $376.2 million, after deducting underwriting discounts and commissions and other estimated offering expenses payable by the Company.”

R F INDUSTRIES LTD entered into Amendment No. 3 to Loan Agreement with Bank of America, N.A. valued at Defers additional principal payment of $1.0 million from March 1, 2024 to April 1, 2024; reduces add (effective 2024-02-29).

“On February 29, 2024, RF Industries, Ltd., a Nevada corporation (the “Company”) entered into Amendment No. 3 to Loan Agreement (“Loan Amendment No. 3”), effective as of February 29, 2024, with Bank of America, N.A. (the “Bank”), amending that certain Loan Agreement, dated as of February 25, 2022, between the Company and the Bank (as amended, the “Loan Agreement”), under which the Bank provided the Company with a $17 million term loan (the “Term Loan”) and a $3 million revolving credit facility (the “Revolving Credit Facility” and together with the Term Loan, the “Credit Facility”). Loan Amendment No. 3, among other matters, defers the requirement that the Company make an additional principal payment of $1.0 million on the Term Loan, from March 1, 2024, as was required under Amendment No. 2 to the Loan Agreement, entered into between the Company and the Bank on January 26, 2024 (“Loan Amendment No. 2”), to April 1, 2024.”

INVACARE HOLDINGS Corp amended First Amendment to Loan and Security Agreement with White Oak Commercial Finance, LLC as agent and certain lenders (effective 2024-02-26).

“On February 26, 2024, Invacare Holdings Corporation (the “ Company ”) entered into the First Amendment to Loan and Security Agreement (the “ First Amendment ”) by and among the Company, certain of the Company’s direct and indirect North American subsidiaries (the “ ABL Borrowers ”), certain other of the Company’s direct and indirect North American subsidiaries (together with the Company, the “ ABL Guarantors ”), Invacare International Holdings Corp., each lender party thereto (collectively, the “ New Lenders ”, each of which is a stockholder of the Company), and White Oak Commercial Finance, LLC, as administrative and as collateral agent (the “ Agent ”).”

Soluna Holdings, Inc amended Fourth Amendment Agreement with certain institutional and accredited investors (the "Purchasers") (effective 2024-02-28).

“On February 28, 2024 the Company and the Purchasers entered into a Fourth Amendment Agreement to amend the Notes, SPA and related agreements”

SHENANDOAH TELECOMMUNICATIONS CO/VA/ entered into Purchase and Sale Agreement with Vertical Bridge Holdco, LLC valued at $310.3 million (effective 2024-02-29).

“On February 29, 2024, Shenandoah Mobile, LLC, a wholly-owned subsidiary of Shenandoah Telecommunications Company (collectively, “Shentel”), entered into a Purchase and Sale Agreement (the “Transaction Agreement”) with Vertical Bridge Holdco, LLC (“Vertical Bridge”) to sell substantially all of Shentel’s tower portfolio and operations (“Tower Portfolio”) to Vertical Bridge for $310.3 million in cash (the “Transaction”).”

GATX CORP entered into Underwriting Agreement with BofA Securities, Inc., Citigroup Global Markets Inc. and Morgan Stanley & Co. LLC, as representatives of the several underwriters valued at $350,000,000 aggregate principal amount of 5.400% Senior Notes due 2027 (effective 2024-02-27).

“GATX Corporation (“GATX”) entered into an Underwriting Agreement (the “Underwriting Agreement”), with BofA Securities, Inc., Citigroup Global Markets Inc. and Morgan Stanley & Co. LLC, as representatives of the several underwriters listed therein (collectively, the “Underwriters”), dated February 27, 2024”

Fluence Energy, Inc. entered into Master Receivables Purchase Agreement with Credit Agricole Corporate and Investment Bank valued at $75.0 million (effective 2024-02-27).

“Master Receivables Purchase Agreement On February 27, 2024, Fluence Energy, LLC ("Fluence"), a wholly-owned subsidiary of Fluence Energy, Inc., entered into a Master Receivables Purchase Agreement, by and among Fluence and any other seller from time to time party thereto, as sellers and servicers, and Credit Agricole Corporate and Investment Bank ("CACIB"), as purchaser (the "Agreement").”

Allarity Therapeutics, Inc. amended Amendment to Senior Convertible Notes with 3i, LP (effective 2024-02-27).

“On February 27, 2024, Allarity Therapeutics, Inc., a Delaware corporation (“we,” “our,” or the “Company”) and 3i, LP, a Delaware limited partnership, (the “Holder” and together with us, the “Parties”) entered into an Amendment to Senior Convertible Notes (the “Amendment”) to two senior convertible notes dated as of January 18, 2024 and February 13, 2024”

Collective Audience, Inc. entered into Interim License Agreement with The Odyssey SAS (dba BeOp) valued at €150,000 (effective 2024-02-29).

“on February 29, 2024, the Company and BeOp entered into a Joint Venture and Software License Agreement (the “Interim License Agreement”), pursuant to which the Company obtained an exclusive right to commercialize the BeOp software and services in North America for an interim period of up to ninety (90) days from the opening of restructuring proceedings related to the Restructured Debt”

Collective Audience, Inc. entered into Binding LOI with The Odyssey SAS (dba BeOp) valued at €2,000,000 (effective 2024-02-29).

“On February 29, 2024, Collective Audience, Inc. (the “Company”), a Delaware corporation, entered into two agreements with The Odyssey SAS (dba BeOp) (“BeOp”), a company organized under the laws of France specializing in conversational advertising: (i) the parties entered into a binding Letter of Intent (the “Binding LOI”) whereby the Company is bound to acquire 100% of the ownership of BeOp, subject to certain closing conditions (the “Acquisition”)”

VanEck Bitcoin ETF entered into Third Amended and Restated Declaration of Trust and Trust Agreement with Delaware Trust Company (effective 2024-03-01).

“On March 1, 2024, VanEck Digital Assets, LLC (the “Sponsor”), sponsor of VanEck Bitcoin Trust (the “Trust”), and Delaware Trust Company, in its capacity as trustee of the Trust (the “Trustee”), entered into a Third Amended and Restated Declaration of Trust and Trust Agreement (the “Trust Agreement”) to reflect the change of the definition of the term “Creation Basket” from a block of 50,000 common shares of beneficial interest (“Shares”) to 25,000 Shares.”

BigBear.ai Holdings, Inc. entered into Joinder & Second Amendment to Amended & Restated Investor Rights Agreement with BBAI Ultimate Holdings, LLC, AE BBAI Aggregator, LP, Seller (effective 2024-02-29).

“BBAI entered into the Joinder & Second Amendment to Amended & Restated Investor Rights Agreement (the “IRA Amendment”) with BBAI Ultimate Holdings, LLC, AE BBAI Aggregator, LP, Seller and the other parties thereto”

Ferguson (Jersey) Ltd entered into Merger Agreement with Ferguson Enterprises Inc., Ferguson (Jersey) 2 Limited (effective 2024-02-29).

“On February 29, 2024, the Company entered into a merger agreement (the “Merger Agreement”) by and among the Company, Ferguson Enterprises Inc., a newly incorporated corporation under the laws of Delaware (“New TopCo”) and Ferguson (Jersey) 2 Limited, a newly formed Jersey incorporated private limited company and direct, wholly owned subsidiary of New TopCo (“Merger Sub”).”

Edify Acquisition Corp. terminated Mutual Termination Agreement with Edify Acquisition Corp., Colbeck Edify Holdings, LLC, Unique Logistics International, Inc. valued at Mutual termination of Merger Agreement (effective 2024-03-01).

“On March 1, 2024, Buyer, Merger Sub and Company entered into a Mutual Termination Agreement (“ Mutual Termination Agreement ”), pursuant to which the parties mutually agreed to terminate the Merger Agreement effective as of such date”

Edoc Acquisition Corp. amended Amendment No. 3 to Securities Purchase Agreement with Arena Investors, LP valued at PIPE Investor will purchase a 10% original issue discount secured convertible Debenture issued by Pu (effective 2024-03-01).

“On March 1, 2024, the parties entered into Amendment No. 3 to Securities Purchase Agreement (the “ Amendment ”), which amended the terms of the transaction as follows: (a) Amendment of Purchase and Sale of Debentures and Warrants .”

Tarsus Pharmaceuticals, Inc. entered into Underwriting Agreement with Goldman Sachs & Co. LLC, BofA Securities, Inc. and Guggenheim Securities, LLC valued at expected to be approximately $93.7 million (effective 2024-02-29).

“On February 29, 2024, Tarsus Pharmaceuticals, Inc., a Delaware corporation (the “Company”), entered into an Underwriting Agreement (the “Underwriting Agreement”) with Goldman Sachs & Co. LLC, BofA Securities, Inc. and Guggenheim Securities, LLC, acting as representatives of the underwriters named in the Underwriting Agreement (the “Underwriters”), relating to the sale of 2,812,500 shares of the Company’s common stock, par value $0.0001 per share, and, in lieu of common stock to a certain investor, pre-funded warrants to purchase 312,500 shares of its common stock (the “Offering”).”

Astra Space, Inc. amended Second Amendment to Securities Purchase Agreement and Second Amendment to Senior Secured Convertible Notes (effective 2024-02-26).

“On February 26, 2024, Astra Space, Inc. (the “ Company ”) entered into that Second Amendment to Securities Purchase Agreement and Second Amendment to Senior Secured Convertible Notes (the “ Amendment ”) which amendment amends (i) that certain Securities Purchase Agreement dated as of August 4, 2023”

Kinnate Biopharma Inc. entered into Purchase Agreement with Pierre Fabre Médicament, SAS valued at up to $31.0 million (effective 2024-02-27).

“On February 27, 2024, Kinnate Biopharma Inc. (the “Company”) entered into an Asset Purchase Agreement (the “Purchase Agreement”) by and among the Company and Pierre Fabre Médicament, SAS (“Pierre Fabre”), pursuant to which it sold the global rights to its investigational pan-RAF inhibitor, exarafenib, and other pan-RAF program assets to Pierre Fabre, subject to the terms and conditions of the Purchase Agreement.”

Perella Weinberg Partners entered into Underwriting Agreement with Citizens JMP Securities, LLC valued at $12.00 per share (effective 2024-02-27).

“On February 27, 2024 , Perella Weinberg Partners (the “Company”) and PWP Holdings LP ("PWP OpCo"), the Company’s operating partnership, entered into an underwriting agreement (the “Underwriting Agreement”) with Citizens JMP Securities, LLC, as underwriter (the “Underwriter”), relating to the issuance and sale pursuant to an underwritten public offering (the “Offering”) of an aggregate of 5,000,000 shares (the “Firm Shares”) of the Company’s Class A common stock, par value $0.0001 per share (the “Class A common stock”), and up to an additional 750,000 shares (the “Option Shares” and, together with the Firm Shares, the “Shares”) of Class A common stock at the Underwriter’s option, which the Underwriter exercised in full on February 28, 2024.”

AAR CORP amended Amended Revolving Credit Facility with Wells Fargo Bank, N.A. valued at Amendment increased aggregate commitments to $825.0 million, borrowed $186.2 million (effective 2024-03-01).

“On March 1, 2024, the Company entered into an amendment (the “Revolver Amendment”) to the Credit Agreement, dated as of December 14, 2022, among the Company, as borrower, the lenders from time to time party thereto and Wells Fargo Bank, N.A., as administrative agent, which governs the Company’s existing revolving credit facility (the revolving credit facility as amended by the Revolver Amendment, the “Amended Revolving Credit Facility”).”

AAR CORP entered into Base Indenture, First Supplemental Indenture, and 6.750% Senior Notes due 2029 with Wilmington Trust, National Association valued at $550,000,000 aggregate principal amount (effective 2024-03-01).

“On March 1, 2024, AAR Escrow Issuer, LLC (the “Escrow Issuer”), a Delaware limited liability company and wholly owned subsidiary of the Company, issued $550,000,000 aggregate principal amount of its 6.750% Senior Notes due 2029 (the “Notes”) to fund a portion of the purchase price for the Triumph Group Product Support Business Acquisition (the “Note Offering”).”

Greenbrook TMS Inc. amended twenty-sixth amendment with Madryn Fund Administration, LLC valued at US$1,776,650 (effective 2024-03-01).

“the twenty-sixth amendment (the " Amendment ") to the Company’s credit agreement, dated as of July 14, 2022 (as previously amended and as amended by the Amendment, the " Credit Agreement "), by and among the Company, certain of its subsidiaries party thereto as guarantors, Madryn Fund Administration, LLC, as administrative agent (" Madryn ") and the lenders party thereto. Pursuant to the Amendment, the Company borrowed US$1,776,650 in senior secured term loans (the " New Loan ")”

INTELLIGENT BIO SOLUTIONS INC. entered into Consulting Agreement with C2C Advisors Inc. valued at $25,000 per month (effective 2024-02-29).

“On February 29, 2024, Intelligent Bio Solutions Inc. (the “Company”) entered into a Consulting Agreement (the “C2C Agreement”) with C2C Advisors Inc. (“C2C”) pursuant to which C2C will provide certain advisory and investor relations services to the Company.”

Dayforce, Inc. terminated Former Credit Facility with Deutsche Bank AG New York Branch valued at Repaid in full all outstanding obligations under the Former Credit Agreement, including the term loa (effective 2024-02-29).

“The Company repaid in full all outstanding obligations under the Former Credit Agreement, including the term loans made thereunder, on February 29, 2024 and terminated all commitments thereunder.”

Dayforce, Inc. entered into Credit Agreement with JPMorgan Chase Bank, N.A. valued at $650.0 million senior secured term loan facility and $350.0 million senior secured revolving credit (effective 2024-02-29).

“On February 29, 2024, Dayforce, Inc. (the “ Company ”) entered into a Credit Agreement (the “ Credit Agreement ”) by and among the Company, as borrower, the lenders party thereto (the “ Lenders ”) and JPMorgan Chase Bank, N.A., as administrative agent and collateral agent for the Lenders (the senior secured credit facilities provided thereunder, the “ New Senior Secured Credit Facilities ”).”

Virpax Pharmaceuticals, Inc. entered into Settlement Agreement and Mutual Release with Sorrento Therapeutics, Inc. and Scilex Pharmaceuticals Inc. valued at $6 million (effective 2024-02-29).

“On February 29, 2024, Virpax Pharmaceuticals, Inc. ( the “Company”) and Sorrento Therapeutics, Inc. (“Sorrento”) and Scilex Pharmaceuticals Inc. (“Scilex”) executed a Settlement Agreement and Mutual Release (the “Agreement”) to fully resolve all issues related to the litigation between the Company (a defendant) and Sorrento and Scilex (collectively, referred to as the “Plaintiffs”) captioned Sorrento Therapeutics, Inc. and Scilex Pharmaceuticals Inc. v. Anthony Mack and Virpax Pharmaceuticals, Inc ., Case No. 2021-0210-PAF (the “Action”), all subject to the entry by the United States Bankruptcy Court for the Southern District of Texas, which is handling the Sorrento bankruptcy filing (the “Bankruptcy Court”), of an order approving the Agreement (the “Settlement Order”).”

CURO Group Holdings Corp. entered into 2.0L Notes Forbearance Agreement with certain beneficial owners (or nominees, investment managers, advisors or subadvisors for the beneficial owners) (effective 2024-03-01).

“Also on March 1, 2024, the Company entered into a Forbearance Agreement (the “2.0L Notes Forbearance Agreement”) with certain beneficial owners (or nominees, investment managers, advisors or subadvisors for the beneficial owners) (the “2”

CURO Group Holdings Corp. entered into 1.5L Notes Forbearance Agreement with certain beneficial owners of approximately 84% of the outstanding aggregate principal amount of 1.5L Notes (effective 2024-03-01).

“On March 1, 2024, the Company entered into a Forbearance Agreement (the “1.5L Notes Forbearance Agreement”) with certain beneficial owners (or nominees, investment managers, advisors or subadvisors for the beneficial owners) (the “1.5L Forbearing Noteholders”) of approximately 84% of the outstanding aggregate principal amount of 1.5L Notes.”

Sterling Check Corp. entered into Agreement and Plan of Merger with First Advantage Corporation valued at Merger consideration of $16.73 per share in cash or 0.979 shares of First Advantage common stock per (effective 2024-02-28).

“On February 28, 2024, Sterling Check Corp., a Delaware corporation (the “Company” or “Sterling”), entered into an Agreement and Plan of Merger (the “Merger Agreement”) with First Advantage Corporation, a Delaware corporation (“First Advantage”), and Starter Merger Sub, Inc., a Delaware corporation and an indirect wholly-owned subsidiary of First Advantage (“Merger Sub”).”

Crinetics Pharmaceuticals, Inc. entered into Securities Purchase Agreement with certain institutional accredited investors named therein valued at aggregate gross proceeds from the Private Placement of approximately $350 million (effective 2024-02-27).

“On February 27, 2024, Crinetics Pharmaceuticals, Inc. (the “Company”) entered into a securities purchase agreement (the “Securities Purchase Agreement”) with certain institutional accredited investors named therein (the “Purchasers”), pursuant to which the Company agreed to issue and sell to the Purchasers in a private placement (the “Private Placement”) an aggregate of 8,333,334 shares (the “Shares”) of the Company’s common stock, par value $0.001 per share (the “Common Stock”), at a purchase price of $ 42.00 per share.”

Beyond Air, Inc. amended Amendment No. 1 with Truist Securities, Inc. and Oppenheimer & Co. Inc. (effective 2024-02-28).

“On February 28, 2024, Beyond Air, Inc. (the “Company”) entered into an Amendment No. 1 (the “Amendment”) to the At-The-Market Equity Offering Sales Agreement , dated February 4, 2022 (as amended, the “Sales Agreement”), by and among the Company, Truist Securities, Inc. and Oppenheimer & Co. Inc. (“Oppenheimer”), as sales agents (the “Agents”).”

Kraft Heinz Co amended Eleventh Supplemental Indenture with Deutsche Bank Trust Company Americas valued at €550,000,000 3.500% Senior Notes due 2029 (effective 2024-03-01).

“the Eleventh Supplemental Indenture, dated as of March 1, 2024, by and among the Issuer, the Guarantor and the Trustee (the “Eleventh Supplemental Indenture”)”

Super League Enterprise, Inc. entered into Agreement with GameSafer, Inc. valued at $1,000,000 (effective 2024-02-26).

“Pursuant to the Asset Purchase Agreement entered into by and between GameSafer and the Company on February 26, 2024 (the “ Agreement ”), the Company will receive $1,000,000 purchase consideration for Minehut, which amount will be paid by GameSafer in revenue and royalty sharing over a period of two years, as described in the Agreement.”

Viking Therapeutics, Inc. entered into Underwriting Agreement with Morgan Stanley & Co. LLC and Leerink Partners LLC valued at approximately $550.0 million (effective 2024-02-28).

“On February 28, 2024, Viking Therapeutics, Inc. (the “Company”) entered into an underwriting agreement (the “Underwriting Agreement”) with Morgan Stanley & Co. LLC and Leerink Partners LLC (the “Representatives”), as representatives of the several underwriters named therein (the “Underwriters”), relating to an underwritten public offering (the “Offering”) of 6,471,000 shares of the Company’s common stock (“Common Stock”).”

Physicians Realty Trust terminated January 2016 Note Purchase Agreement and August 2016 Note Purchase Agreement with Physicians Realty Trust, Physicians Partnership, purchasers valued at Prepayment of $135M January 2016 Notes and $75M August 2016 Notes at 100% principal plus accrued int (effective 2024-02-28).

“Physicians Partnership prepaid (i) $135 million in aggregate principal amount of its senior notes due January 7, 2026, January 7, 2028 and January 7, 2031, respectively (the “ January 2016 Notes ”), constituting all of the January 2016 Notes issued and outstanding pursuant to that certain Note Purchase and Guarantee Agreement, dated as of January 7, 2016, among Physicians Realty Trust, Physicians Partnership and the purchasers party thereto”

Physicians Realty Trust terminated DOC Revolving Facility under Existing DOC Credit Agreement with KeyBank National Association, lenders valued at All outstanding amounts repaid, commitments reduced to zero and permanently terminated (effective 2024-02-28).

“all outstanding amounts under the revolving credit facility under the Existing DOC Credit Agreement (the “ DOC Revolving Facility ”) were repaid in full and all commitments of lenders in connection with the DOC Revolving Facility were reduced to zero and permanently terminated”

Physicians Realty Trust entered into Supplemental Indenture to Senior Indenture (DOC Notes) with DOC DR Holdco, DOC DR OP Sub, Healthpeak, Healthpeak OP, U.S. Bank Trust Company valued at Assumption of obligations regarding $400M 4.300% Senior Notes due 2027, $350M 3.950% Senior Notes du (effective 2024-02-28).

“DOC DR Holdco (as successor to Physicians Realty Trust), DOC DR OP Sub (as successor to Physicians Partnership), Healthpeak, Healthpeak OP and U.S. Bank Trust Company, National Association, as successor in interest to U.S. Bank National Association, as trustee, entered into a fourth supplemental indenture (the “ Supplemental Indenture ”) to the Senior Indenture, dated as of March 7, 2017”

Physicians Realty Trust entered into DOC Credit Agreement (Consent and Third Amendment to Third Amended and Restated Credit Agreement) with Healthpeak, Healthpeak OP, DOC DR Holdco, DOC DR OP Sub, KeyBank National Association valued at Amendment, assumption, joinder, and repayment/termination of revolving facility (effective 2024-02-28).

“On the Closing Date, upon consummation of the Mergers, Healthpeak, Healthpeak OP, DOC DR Holdco and DOC DR OP Sub executed the Consent and Third Amendment (the “ DOC Amendment ”) to that certain Third Amended and Restated Credit Agreement, dated as of September 24, 2021, by and among Physicians Partnership, as borrower, Physicians Realty Trust, as guarantor, the lenders party thereto and KeyBank National Association, as administrative agent”

Jaguar Health, Inc. entered into PIPE Warrant Exchange Agreements with the PIPE Investors (effective 2024-02-27).

“On February 27, 2024, each of the PIPE Investors entered into an exchange agreement with the Company (each, a “PIPE Warrant Exchange Agreement” and collectively, the “PIPE Warrant Exchange Agreements”).”

Jaguar Health, Inc. entered into Streeterville Exchange Agreement with Streeterville Capital, LLC (effective 2024-03-01).

“On March 1, 2024, the Company entered into a privately negotiated exchange agreement with Streeterville (the “Streeterville Exchange Agreement”), pursuant to which the Company issued an aggregate of 179.3822 shares of Series J Preferred Stock to Streeterville at an effective exchange price per share equal to the market price (defined as the Minimum Price under Nasdaq Listing Rule 5635(d)) as of the date of the Streeterville Exchange Agreement, in exchange for the surrender of the March 2021 Royalty Interest by Streeterville (the “CVP Exchange Transaction”).”

Bloomin' Brands, Inc. entered into Accelerated Stock Repurchase Agreement with Wells Fargo Bank, National Association valued at $220,000,000 (effective 2024-03-01).

“On March 1, 2024, Bloomin’ Brands, Inc. (the “Company”) entered into an accelerated share repurchase agreement (the “ASR Agreement”), pursuant to its previously announced 2024 Share Repurchase Program, with Wells Fargo Bank, National Association (“Wells Fargo”) to repurchase approximately $220 million of the Company’s common stock (“Common Stock”).”

Orgenesis Inc. entered into Binding Term Sheet with Germfree Laboratories LLC valued at $750,000 (effective 2024-02-26).

“On February 26, 2024, Orgenesis Maryland LLC (“Orgenesis Maryland”), a wholly-owned subsidiary of Orgenesis Inc. (the “Company”), entered into a Binding Term Sheet (the “Binding Term Sheet”) with Germfree Laboratories LLC (“Germfree”), for the sale by Orgenesis Maryland of five Orgenesis Mobile Processing Units and Labs (“OMPULs”) to Germfree, which will be incorporated into Germfree’s lease fleet and leased back to Orgenesis Maryland, and a strategic collaboration framework.”

Vivakor, Inc. entered into Agreement and Plan of Merger with Empire Diversified Energy, Inc. valued at an aggregate of 67,200,000 shares (the “Consideration Shares”) of the Parent’s common stock, par val (effective 2024-02-26).

“On February 26, 2024 (the “Execution Date”), Vivakor, Inc., a Nevada corporation (the “Parent”), entered into an Agreement and Plan of Merger (the “Merger Agreement”) with Empire Energy Acquisition Corp., a Delaware corporation and wholly owned subsidiary of the Parent (“Merger Sub”), and Empire Diversified Energy, Inc., a Delaware corporation (“Empire””