Common Stock Sales Agreement Sample Contracts

Alpha Teknova, Inc. COMMON STOCK SALES AGREEMENT
Common Stock Sales Agreement • March 30th, 2023 • Alpha Teknova, Inc. • In vitro & in vivo diagnostic substances • New York
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CASI PHARMACEUTICALS, INC. COMMON STOCK SALES AGREEMENT
Common Stock Sales Agreement • February 23rd, 2018 • CASI Pharmaceuticals, Inc. • Biological products, (no disgnostic substances) • New York
Edgewise Therapeutics, Inc. Common stock SALES AGREEMENT
Common Stock Sales Agreement • April 1st, 2022 • Edgewise Therapeutics, Inc. • Pharmaceutical preparations • New York

Edgewise Therapeutics, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Cowen and Company, LLC (“Cowen”), as follows:

Edgewise Therapeutics, Inc. Common stock SALES AGREEMENT
Common Stock Sales Agreement • May 10th, 2024 • Edgewise Therapeutics, Inc. • Pharmaceutical preparations • New York

Edgewise Therapeutics, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Leerink Partners LLC (“Leerink Partners”), as follows:

AMENDMENT NO. 2 TO COMMON STOCK SALES AGREEMENT
Common Stock Sales Agreement • August 11th, 2020 • Aethlon Medical Inc • Surgical & medical instruments & apparatus • New York

Aethlon Medical, Inc. (the “Company”) and H.C. Wainwright & Co., LLC (“HCW”) are parties to that certain Common Stock Sales Agreement dated June 28, 2016, as amended on August 5, 2019 (the “Amended Original Agreement”). All capitalized terms not defined herein shall have the meanings ascribed to them in the Amended Original Agreement. The parties, intending to be legally bound, hereby amend the Amended Original Agreement as follows:

AKERNA Corp. common stock sales agreement
Common Stock Sales Agreement • September 28th, 2022 • Akerna Corp. • Services-computer processing & data preparation • New York

Akerna Corp., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with A.G.P./Alliance Global Partners (the “Sales Agent”), as follows:

AMENDMENT NO. 1 TO COMMON STOCK SALES AGREEMENT
Common Stock Sales Agreement • August 27th, 2018 • Dare Bioscience, Inc. • Pharmaceutical preparations • New York

Daré Bioscience, Inc. (the “Company”) and H.C. Wainwright & Co. LLC (“HCW”) are parties to that certain Common Stock Sales Agreement dated January 4, 2018 (the “Original Agreement”). All capitalized terms not defined herein shall have the meanings ascribed to them in the Original Agreement. The parties, intending to be legally bound, hereby amend the Original Agreement as follows:

AMENDMENT NO. 1 TO COMMON STOCK SALES AGREEMENT
Common Stock Sales Agreement • June 29th, 2018 • Savara Inc • Pharmaceutical preparations • New York

Savara, Inc. (the “Company”) and H.C. Wainwright & Co. LLC (“HCW”) are parties to that certain Common Stock Sales Agreement dated April 28, 2017 (the “Original Agreement”). All capitalized terms not defined herein shall have the meanings ascribed to them in the Original Agreement. The parties, intending to be legally bound, hereby amend the Original Agreement as follows:

IMPAC MORTGAGE HOLDINGS, INC. 7,500,000 Shares of Common Stock (par value $0.01 per share) COMMON STOCK SALES AGREEMENT
Common Stock Sales Agreement • October 3rd, 2005 • Impac Mortgage Holdings Inc • Real estate investment trusts • New York
ELEVATION ONCOLOGY, INC. $75,000,000 COMMON STOCK SALES AGREEMENT
Common Stock Sales Agreement • May 2nd, 2024 • Elevation Oncology, Inc. • Biological products, (no disgnostic substances) • New York
AMENDMENT NO. 1 TO COMMON STOCK SALES AGREEMENT
Common Stock Sales Agreement • June 18th, 2019 • aTYR PHARMA INC • Biological products, (no disgnostic substances) • New York

aTyr Pharma, Inc. (the “Company”) and H.C. Wainwright & Co., LLC (the “Agent”) are parties to that certain Common Stock Sales Agreement dated May 21, 2019 (the “Original Agreement”). All capitalized terms not defined herein shall have the meanings ascribed to them in the Original Agreement. The parties, intending to be legally bound, hereby amend the Original Agreement as follows:

AMENDMENT NO. 1 TO COMMON STOCK SALES AGREEMENT
Common Stock Sales Agreement • July 19th, 2019 • CASI Pharmaceuticals, Inc. • Biological products, (no disgnostic substances) • New York

CASI Pharmaceuticals, Inc.(the “Company”) and H.C. Wainwright & Co., LLC (“HCW”) are parties to that certain Common Stock Sales Agreement dated February 23, 2018 (the “Original Agreement”). All capitalized terms not defined herein shall have the meanings ascribed to them in the Original Agreement.

AMENDMENT NO. 1 TO COMMON STOCK SALES AGREEMENT ​
Common Stock Sales Agreement • March 10th, 2021 • XOMA Corp • Pharmaceutical preparations • New York

XOMA Corporation, a Delaware corporation (the “Company”), together with H.C. Wainwright & Co., Inc. (the “Agent”), are parties to that certain Common Stock Sales Agreement dated December 18, 2018 (the “Original Agreement”). All capitalized terms not defined herein shall have the meanings ascribed to them in the Original Agreement. The Company and the Agent desire to amend the Original Agreement as set forth in this Amendment No. 1 thereto (this “Amendment) as follows (to be effective as set forth in paragraph 5 below):

AMENDMENT NO. 1 TO COMMON STOCK SALES AGREEMENT
Common Stock Sales Agreement • December 31st, 2020 • Trevena Inc • Pharmaceutical preparations • New York

Trevena, Inc. (the “Company”) and H.C. Wainwright & Co., LLC (“HCW”) are parties to that certain Common Stock Sales Agreement dated April 17, 2019 (the “Original Agreement”). All capitalized terms not defined herein shall have the meanings ascribed to them in the Original Agreement. The parties, intending to be legally bound, hereby amend the Original Agreement as follows:

AMENDMENT NO. 1 TO COMMON STOCK SALES AGREEMENT
Common Stock Sales Agreement • August 23rd, 2023 • Eos Energy Enterprises, Inc. • Miscellaneous electrical machinery, equipment & supplies

THIS AMENDMENT NO. 1 (the “Amendment”), dated as of August 23, 2023, to the Common Stock Sales Agreement dated as of August 5, 2022 (the “Original Agreement”), by and between Eos Energy Enterprises, Inc. (the “Company”) and Cowen and Company, LLC (“Cowen” and, together with the Company, the “Parties”), is being executed at the direction of the Parties. Capitalized terms not otherwise defined herein shall have the meaning assigned to them in the Original Agreement. The Parties desire to amend the Original Agreement as set forth in this Amendment as follows:

AMENDMENT NO. 1 TO COMMON STOCK SALES AGREEMENT
Common Stock Sales Agreement • August 2nd, 2018 • Caladrius Biosciences, Inc. • Services-misc health & allied services, nec • New York

Caladrius Biosciences, Inc. (the “Company”) and H.C. Wainwright & Co. LLC (“HCW”) are parties to that certain Common Stock Sales Agreement dated February 8, 2018 (the “Original Agreement”). All capitalized terms not defined herein shall have the meanings ascribed to them in the Original Agreement. The parties, intending to be legally bound, hereby amend the Original Agreement as follows:

COMMON STOCK SALES AGREEMENT
Common Stock Sales Agreement • January 5th, 2018 • Us Energy Corp • Crude petroleum & natural gas • New York
AMENDMENT NO. 2 TO COMMON STOCK SALES AGREEMENT
Common Stock Sales Agreement • November 13th, 2020 • aTYR PHARMA INC • Biological products, (no disgnostic substances) • New York

aTyr Pharma, Inc. (the “Company”) and H.C. Wainwright & Co., LLC (the “Agent”) are parties to that certain Common Stock Sales Agreement dated May 21, 2019, as amended on June 18, 2019 (together, the “Original Agreement”). All capitalized terms not defined herein shall have the meanings ascribed to them in the Original Agreement. The parties, intending to be legally bound, hereby amend the Original Agreement pursuant to the terms of this amendment No. 2 to the Original Agreement (this “Amendment No. 2”) as follows:

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