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
Contract Type FiledFebruary 13th, 2020 Company IndustryReference 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.