Market Offering Agreement Sample Contracts

AT THE MARKET OFFERING AGREEMENT
Market Offering Agreement • April 18th, 2024 • Adial Pharmaceuticals, Inc. • Pharmaceutical preparations • New York

Adial Pharmaceuticals, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with H.C. Wainwright & Co., LLC (the “Manager”) as follows:

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AT THE MARKET OFFERING AGREEMENT
Market Offering Agreement • May 17th, 2024 • TFF Pharmaceuticals, Inc. • Pharmaceutical preparations • New York

TFF Pharmaceuticals, Inc., a corporation organized under the laws of Delaware (the “Company”), confirms its agreement (this “Agreement”) with H.C. Wainwright & Co., LLC (the “Manager”) as follows:

AT THE MARKET OFFERING AGREEMENT
Market Offering Agreement • May 20th, 2024 • Nauticus Robotics, Inc. • General industrial machinery & equipment, nec • New York

Nauticus Robotics, Inc., a corporation organized under the laws of Delaware (the “Company”), confirms its agreement (this “Agreement”) with H.C. Wainwright & Co., LLC (the “Manager”) as follows:

AT THE MARKET OFFERING AGREEMENT
Market Offering Agreement • May 9th, 2024 • eFFECTOR Therapeutics, Inc. • Pharmaceutical preparations • New York

eFFECTOR Therapeutics, Inc., a corporation organized under the laws of Delaware (the “Company”), confirms its agreement (this “Agreement”) with H.C. Wainwright & Co., LLC (the “Manager”) as follows:

AT THE MARKET OFFERING AGREEMENT April 24, 2024
Market Offering Agreement • April 25th, 2024 • Air T Funding • Air courier services • New York

Air T, Inc., a Delaware corporation (the “Company”), and Air T Funding (the “Trust”) confirm their agreement (this “Agreement”) with Ascendiant Capital Markets, LLC (the “Manager”) as follows:

AMENDMENT NO. 1 TO AT THE MARKET OFFERING AGREEMENT
Market Offering Agreement • May 20th, 2020 • ThermoGenesis Holdings, Inc. • Laboratory apparatus & furniture • New York

This AMENDMENT NO. 1 (the “Amendment”) to the AT THE MARKET OFFERING AGREEMENT originally dated as of December 13, 2019 (the “Original Agreement”), by and between Thermogenesis Holdings, Inc. f/k/a Cesca Therapeutics Inc. (“Thermogenesis”) and H.C. Wainwright & Co., LLC (the “Manager”) and together with the Original Agreement (the “Agreement”) is dated as of May 19, 2020. Capitalized terms not defined herein shall have the meanings assigned to them in the Agreement.

CLEANSPARK, INC. AMENDMENT NO. 1 TO AT THE MARKET OFFERING AGREEMENT
Market Offering Agreement • March 28th, 2024 • Cleanspark, Inc. • Finance services
AT THE MARKET OFFERING AGREEMENT December 31, 2020
Market Offering Agreement • January 4th, 2021 • Mogo Inc. • Finance services • New York

Mogo Inc., a British Columbia company (the “Company”), confirms its agreement (this “Agreement”) with H.C. Wainwright & Co., LLC (the “Lead Manager”) as well as Raymond James Ltd. and Eight Capital (collectively, the “Co-Agents” and, collectively with the Lead Manager, the “Managers” and, each, a “Manager”), as follows:

AT THE MARKET OFFERING AGREEMENT April 20, 2016
Market Offering Agreement • April 21st, 2016 • Great Panther Silver LTD • Metal mining • New York

Great Panther Silver Limited, a Canadian corporation (the “Company”), confirms its agreement (this “Agreement”) with H.C. Wainwright & Co., LLC (the “Manager”) as follows:

AMENDMENT NO. 1 TO THE AT THE MARKET OFFERING AGREEMENT
Market Offering Agreement • November 25th, 2022 • Canaan Inc. • Semiconductors & related devices

This Amendment No. 1 (the “Amendment”) to the At The Market Offering Agreement originally dated as of April 8, 2022 (the “Original Agreement”), by and between Canaan Inc., an exempted company incorporated under the laws of the Cayman Islands (the “Company”), and H.C. Wainwright & Co., LLC (the “Manager”) is dated as of November 23, 2022. Capitalized terms not defined herein shall have the meanings assigned to them in the Original Agreement.

eMagin Corporation Hopewell Junction, New York 12533 Attention: Mark Koch, Chief Financial Officer Dear Mr. Koch:
Market Offering Agreement • February 13th, 2020 • Emagin Corp • Semiconductors & related devices

Reference is made to the At The Market Offering Agreement, dated as of November 22, 2019 (the “ATM Agreement”), between eMagin Corporation (the “Company”) and H.C. Wainwright & Co., LLC (the “Wainwright”). This letter (the “Amendment”) constitutes an agreement between the Company and Wainwright to amend the ATM Agreement as set forth herein. Defined terms that are used but not defined herein shall have the meanings ascribed to such terms in the ATM Agreement.

AMENDMENT NO. 2 TO AT THE MARKET OFFERING AGREEMENT
Market Offering Agreement • February 3rd, 2022 • ThermoGenesis Holdings, Inc. • Laboratory apparatus & furniture • New York

This AMENDMENT NO. 2 (the “Amendment”) to the AT THE MARKET OFFERING AGREEMENT originally dated as of December 13, 2019 (the “Original Agreement”), by and between Thermogenesis Holdings, Inc. f/k/a Cesca Therapeutics Inc. (“Thermogenesis”) and H.C. Wainwright & Co., LLC (the “Manager”) and together with the Original Agreement (the “Agreement”) is dated as of February 3, 2022. Capitalized terms not defined herein shall have the meanings assigned to them in the Agreement.

EKSO BIONICS HOLDINGS, INC. AMENDMENT NO. 1 TO AT THE MARKET OFFERING AGREEMENT
Market Offering Agreement • June 12th, 2023 • Ekso Bionics Holdings, Inc. • General industrial machinery & equipment, nec

Reference is made to the At the Market Offering Agreement, dated October 9, 2020 (the “Sales Agreement”), by and between Ekso Bionics Holdings, Inc., a Nevada corporation (the “Company”), and H.C. Wainwright & Co., LLC (the “Manager”). Capitalized terms used herein but not otherwise defined are used herein as defined in the Sales Agreement.

AT THE MARKET OFFERING AGREEMENT
Market Offering Agreement • October 1st, 2018 • India Globalization Capital, Inc. • Wholesale-electronic parts & equipment, nec • New York

India Globalization Capital, Inc., a corporation organized under the laws of Maryland (the “Company”), confirms its agreement (this “Agreement”) with The Benchmark Company, LLC (the “Manager”) and ViewTrade Securities, Inc. (the “Co-Manager” and collectively with the Manager, the “Managers”) as follows:

First Amendment to At The Market Offering Agreement
Market Offering Agreement • March 22nd, 2024 • Indonesia Energy Corp LTD • Crude petroleum & natural gas

Reference is made to the At The Market Offering Agreement, dated as of July 22, 2022 (the “ATM Agreement”), between Indonesia Energy Corporation Limited (the “Company”) and H.C. Wainwright & Co., LLC (“Wainwright”). This letter (this “Amendment”) constitutes an agreement between the Company and Wainwright to amend the ATM Agreement as set forth herein from and after the date first written above. Defined terms that are used but not defined herein shall have the meanings ascribed to such terms in the ATM Agreement.

AMENDMENT TO AT THE MARKET OFFERING AGREEMENT December 27, 2016
Market Offering Agreement • December 29th, 2016 • Marrone Bio Innovations Inc • Agricultural chemicals
Oramed Pharmaceuticals Inc. Shares of Common Stock (par value $0.012 per share) AT THE MARKET OFFERING AGREEMENT
Market Offering Agreement • March 18th, 2024 • Oramed Pharmaceuticals Inc. • Pharmaceutical preparations • New York
AMENDMENT NO. 1 TO AT THE MARKET OFFERING AGREEMENT March 30, 2017
Market Offering Agreement • March 30th, 2017 • Naked Brand Group Inc. • Men's & boys' furnishgs, work clothg, & allied garments • New York

This Amendment No. 1 to At The Market Offering Agreement (“Amendment No. 1”) amends that certain At The Market Offering Agreement, dated February 10, 2017 (the “Agreement”), by and between Naked Brand Group, Inc., a corporation organized under the laws of Nevada (the “Company”), and Maxim Group LLC (the “Manager”), pursuant to which the Company may sell from time to time, up to an aggregate of $5,000,000 of shares of Common Stock through the Manager, as sales agent. Capitalized terms used herein and not otherwise defined have the meetings ascribed to them in the Agreement.

Nemaura Medical Inc.
Market Offering Agreement • April 1st, 2022 • Nemaura Medical Inc. • Surgical & medical instruments & apparatus

Reference is made to the At The Market Offering Agreement, dated as of July 23, 2021 (the “ATM Agreement”), between Nemaura Medical Inc. (the “Company”) and H.C. Wainwright & Co., LLC (“Wainwright”). This letter (the “Amendment”) constitutes an agreement between the Company and Wainwright to amend the ATM Agreement as set forth herein. Defined terms that are used but not defined herein shall have the meanings ascribed to such terms in the ATM Agreement.

AT THE MARKET OFFERING AGREEMENT July 9, 2019
Market Offering Agreement • July 10th, 2019 • GREAT PANTHER MINING LTD • Metal mining • New York

Great Panther Mining Limited, a corporation organized under the Business Corporations Act (British Columbia) (the “Company”), confirms its agreement (this “Agreement”) with H.C. Wainwright & Co., LLC (the “Lead Manager”) and Eight Capital (“Eight Capital” and, collectively with the Lead Manager, the “Managers” and, each, a “Manager”), as follows:

July 15, 2020
Market Offering Agreement • July 15th, 2020 • CAPSTONE TURBINE Corp • Engines & turbines

Reference is made to the At The Market Offering Agreement, dated as of June 7, 2018 (the “ATM Agreement”), between Capstone Turbine Corporation (the “Company”) and H.C. Wainwright & Co., LLC (the “Wainwright”). This letter (the “Amendment”) constitutes an agreement between the Company and Wainwright to amend the ATM Agreement as set forth herein. Defined terms that are used but not defined herein shall have the meanings ascribed to such terms in the ATM Agreement.

AT THE MARKET OFFERING AGREEMENT April 5, 2024
Market Offering Agreement • April 5th, 2024 • VivoPower International PLC • Electric & other services combined • New York

Vivopower International PLC, a corporation organized under the laws of England and Wales (the “Company”), confirms its agreement (this “Agreement”) with Chardan Capital Markets LLC (the “Sole Manager” or “Manager”)

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