0001193125-12-255656 Sample Contracts

AMENDMENT No. 1 TO AT MARKET ISSUANCE SALES AGREEMENT
Market Issuance Sales Agreement • May 31st, 2012 • Oxigene Inc • Biological products, (no disgnostic substances) • New York

THIS AMENDMENT No. 1 TO AT MARKET ISSUANCE SALES AGREEMENT (the “Amendment”) is entered into effective as of May 31, 2012 (the “Amendment Effective Date”), by and between OXiGENE, Inc., a Delaware corporation (the “Company”), and McNicoll, Lewis & Vlak LLC, a Delaware limited liability company (“MLV”). Capitalized terms used herein but not defined herein shall have the meanings ascribed to such terms in the At Market Sales Issuance Agreement dated July 21, 2010 by and between the Company and MLV (the “Sales Agreement”).

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