0001437749-15-018022 Sample Contracts

At Market Issuance Sales Agreement

Biota Pharmaceuticals, Inc. • October 2nd, 2015 • Biological products, (no disgnostic substances) • New York

• Company
  Biota Pharmaceuticals, Inc.
• Filed
  October 2nd, 2015
• Industry
  Biological products, (no disgnostic substances)
• Jurisdiction
  New York

Biota Pharmaceuticals, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”), with MLV & Co. LLC (“MLV”) and FBR Capital Markets & Co. (“FBR”; each of MLV and FBR individually a “Distribution Agent” and collectively the “Distribution Agents”) as follows: