ARCUTIS BIOTHERAPEUTICS, INC. $100,000,000 SHARES OF COMMON STOCK PAR VALUE $0.0001 PER SHARE AMENDED AND RESTATED SALES AGREEMENTSales Agreement • January 31st, 2024 • Arcutis Biotherapeutics, Inc. • Pharmaceutical preparations • New York
Reference is made to that certain Sales Agreement, entered into as of May 6, 2021 (the “Original Sales Agreement”), by and between Arcutis Biotherapeutics, Inc., a Delaware corporation (the “Company”), and Cowen and Company, LLC (“Cowen”), as sales agent. The Company and Cowen now intend to enter into this Amended and Restated Sales Agreement (this “Agreement”) to amend and restate the terms of the Original Sales Agreement in its entirety. Therefore, the Company confirms its agreement with Cowen as follows:
