At-The-Market Equity Offering Sales Agreement Sample Contracts

Horsehead Holding Corp. – HORSEHEAD HOLDING CORP. Common Stock ($0.01 Par Value Per Share) AT-THE-MARKET EQUITY OFFERING SALES AGREEMENT (October 23rd, 2015)

Horsehead Holding Corp., a Delaware corporation (the Company), proposes, subject to the terms and conditions stated herein, to issue and sell from time to time to or through Stifel, Nicolaus & Company, Incorporated (Stifel Nicolaus), as sales agent and/or principal (Agent), shares (the Shares) of the Companys common stock, $0.01 par value per share (the Common Stock), having an aggregate offering price of up to $50,000,000 on the terms set forth in Section 2 of this At-the-Market Equity Offering Sales Agreement (the Agreement). The Company agrees that whenever it determines to sell Shares directly to the Agent as principal, it will enter into a separate agreement (each, a Terms Agreement) in substantially the form of Annex I hereto, relating to such sale in accordance with Section 3 of this Agreement.

Capstone Turbine Corporation At-The-Market Equity Offering Sales Agreement (August 28th, 2015)
MOMENTA PHARMACEUTICALS, INC. Common Stock ($0.0001 Par Value Per Share) AT- THE-MARKET EQUITY OFFERING SALES AGREEMENT (April 21st, 2015)

Momenta Pharmaceuticals, Inc., a Delaware corporation (the Company), proposes, subject to the terms and conditions stated herein, to issue and sell from time to time to or through Stifel, Nicolaus & Company, Incorporated (Stifel Nicolaus), as sales agent and/or principal (Agent), shares (the Shares) of the Companys common stock, $0.0001 par value per share (the Common Stock), having an aggregate offering price of up to $75,000,000 on the terms set forth in Section 2 of this At-the-Market Equity Offering Sales Agreement (the Agreement). The Company agrees that whenever it determines to sell Shares directly to the Agent as principal, it will enter into a separate agreement (each, a Terms Agreement) in substantially the form of Annex I hereto, relating to such sale in accordance with Section 3 of this Agreement.

SL Green Realty – SL GREEN REALTY CORP. Common Stock ($0.01 Par Value) AT-THE-MARKET EQUITY OFFERING SALES AGREEMENT (March 20th, 2015)

SL Green Realty Corp., a Maryland corporation (the Company), which qualifies for federal income tax purposes as a real estate investment trust pursuant to Sections 856 through 860 of the Internal Revenue Code of 1986, as amended, including the regulations and published interpretations thereunder (the Code), proposes, subject to the terms and conditions stated herein, to issue and sell from time to time to or through [ ], as sales agent and/or principal (the Agent), shares (the Shares) of the Companys common stock, $0.01 par value (the Common Stock), having an aggregate gross sales price of up to $300,000,000 on the terms set forth in Section 2 of this At-the-Market Equity Offering Sales Agreement (the Agreement). The Company agrees that whenever it determines to sell Shares directly to the Agent as principal, it will enter into a separate agreement (each, a Terms Agreement) in substantially the form of Annex 1 hereto, relating to such sale in accordance with Section 3

Tetralogic Pharmaceuticals Corporation At-The-Market Equity Offering Sales Agreement (March 13th, 2015)
SL Green Realty – SL GREEN REALTY CORP. Common Stock ($0.01 Par Value) AT-THE-MARKET EQUITY OFFERING SALES AGREEMENT (June 19th, 2014)

SL Green Realty Corp., a Maryland corporation (the Company), which qualifies for federal income tax purposes as a real estate investment trust pursuant to Sections 856 through 860 of the Internal Revenue Code of 1986, as amended, including the regulations and published interpretations thereunder (the Code), proposes, subject to the terms and conditions stated herein, to issue and sell from time to time to or through [ ], as sales agent and/or principal (the Agent), shares (the Shares) of the Companys common stock, $0.01 par value (the Common Stock), having an aggregate gross sales price of up to $300,000,000 on the terms set forth in Section 2 of this At-the-Market Equity Offering Sales Agreement (the Agreement). The Company agrees that whenever it determines to sell Shares directly to the Agent as principal, it will enter into a separate agreement (each, a Terms Agreement) in substantially the form of Annex 1 hereto, relating to such sale in accordance with Section 3

MOMENTA PHARMACEUTICALS, INC. Common Stock ($0.0001 Par Value Per Share) AT- THE-MARKET EQUITY OFFERING SALES AGREEMENT (May 6th, 2014)

Momenta Pharmaceuticals, Inc., a Delaware corporation (the Company), proposes, subject to the terms and conditions stated herein, to issue and sell from time to time to or through Stifel, Nicolaus & Company, Incorporated (Stifel Nicolaus), as sales agent and/or principal (Agent), shares (the Shares) of the Companys common stock, $0.0001 par value per share (the Common Stock), having an aggregate offering price of up to $75,000,000 on the terms set forth in Section 2 of this At-the-Market Equity Offering Sales Agreement (the Agreement). The Company agrees that whenever it determines to sell Shares directly to the Agent as principal, it will enter into a separate agreement (each, a Terms Agreement) in substantially the form of Annex I hereto, relating to such sale in accordance with Section 3 of this Agreement.

SAREPTA THERAPEUTICS, INC. Common Stock ($0.0001 Par Value Per Share) AT-THE- MARKET EQUITY OFFERING SALES AGREEMENT (July 3rd, 2013)
BioLineRx Ltd. American Depositary Shares, Each Representing 10 Ordinary Shares, (NIS 0.01 Par Value Per Share) AT-THE-MARKET EQUITY OFFERING SALES AGREEMENT (May 17th, 2013)

The ADSs will be issued pursuant to the Deposit Agreement dated as of July 21, 2011 among the Company, The Bank of New York Mellon, as Depositary, and all owners and holders from time to time of ADSs issued thereunder. (the "Deposit Agreement").

Healthcare Realty Trust Incorporated 9,000,000 Shares At-The-Market Equity Offering Sales Agreement (March 29th, 2013)

HEALTHCARE REALTY TRUST INCORPORATED, a Maryland corporation (the Company), confirms its agreement (this Agreement) with Merrill Lynch, Pierce, Fenner & Smith Incorporated (Agent), as follows:

Discovery Laboratories, Inc. – DISCOVERY LABORATORIES, INC. Common Stock ($0.001 Par Value Per Share) AT-THE- MARKET EQUITY OFFERING SALES AGREEMENT (February 13th, 2013)

DISCOVERY LABORATORIES, INC., a Delaware corporation (the "Company"), proposes, subject to the terms and conditions stated herein, to issue and sell from time to time to or through Stifel, Nicolaus & Company, Incorporated ("Stifel Nicolaus"), as sales agent and/or principal ("Agent"), shares (the "Shares") of the Company's common stock, $0.001 par value per share (the "Common Stock"), having an aggregate offering price of up to $25,000,000 on the terms set forth in Section 2 of this At-the-Market Equity Offering Sales Agreement (the "Agreement"). The Company agrees that whenever it determines to sell Shares directly to the Agent as principal, it will enter into a separate agreement (each, a "Terms Agreement") in substantially the form of Annex I hereto, relating to such sale in accordance with Section 3 of this Agreement. Notwithstanding the foregoing, the Company shall not issue pursuant to this Agreement, or enter into a Terms Agreement with respect to the sale of, an aggregate amo

IBIO, INC. Common Stock ($0.001 Par Value Per Share) AT-THE-MARKET EQUITY OFFERING SALES AGREEMENT (February 1st, 2013)

iBio, Inc., a Delaware corporation (the Company), proposes, subject to the terms and conditions stated herein, to issue and sell from time to time to or through Further Lane Securities, L.P. (Further Lane), as sales agent and/or principal (Agent), shares (the Shares) of the Companys common stock, $0.001 par value per share (the Common Stock), having an aggregate offering price of up to $10,000,000 on the terms set forth in Section 2 of this Sales Agreement (the Agreement). The Company agrees that whenever it determines to sell Shares directly to the Agent as principal, it will enter into a separate agreement (each, a Terms Agreement) in substantially the form of Annex I hereto, relating to such sale in accordance with Section 3 of this Agreement. The foregoing notwithstanding, the Company shall not issue or sell pursuant to this Agreement an aggregate amount of Common Stock that would cause the Company to exceed the amount of securities issuable pursuant to Instruction 1.B.6 of Form S-

VICAL INCORPORATED Common Stock ($0.01 Par Value Per Share) AT-THE-MARKET EQUITY OFFERING SALES AGREEMENT (November 7th, 2012)

Vical Incorporated, a Delaware corporation (the Company), proposes, subject to the terms and conditions stated herein, to issue and sell from time to time to or through Stifel, Nicolaus & Company, Incorporated (Stifel Nicolaus), as sales agent and/or principal (Agent), shares (the Shares) of the Companys common stock, $0.01 par value per share (the Common Stock), having an aggregate offering price of up to $50,000,000 (the Maximum Offering Size) on the terms set forth in Section 2 of this At-the-Market Equity Offering Sales Agreement (the Agreement). The Company agrees that whenever it determines to sell Shares directly to the Agent as principal, it will enter into a separate agreement (each, a Terms Agreement) in substantially the form of Annex I hereto, relating to such sale in accordance with Section 3 of this Agreement. The foregoing notwithstanding, the Company shall not issue or sell pursuant to this Agreement an aggregate amount of Common Stock that would cause the Company to ex

SAREPTA THERAPEUTICS, INC. Common Stock ($0.0001 Par Value Per Share) AT-THE- MARKET EQUITY OFFERING SALES AGREEMENT (September 4th, 2012)
MAXWELL TECHNOLOGIES, INC. Common Stock ($0.10 Par Value Per Share) AT-THE- MARKET EQUITY OFFERING SALES AGREEMENT (February 16th, 2012)
SUPERCONDUCTOR TECHNOLOGIES INC. Common Stock ($0.001 Par Value Per Share) AT- THE-MARKET EQUITY OFFERING SALES AGREEMENT (August 10th, 2011)
Somaxon Pharmaceuticals – SOMAXON PHARMACEUTICALS, INC. Common Stock ($0.0001 Par Value Per Share) AT- THE-MARKET EQUITY OFFERING SALES AGREEMENT (August 2nd, 2011)

Somaxon Pharmaceuticals, Inc., a Delaware corporation (the Company), proposes, subject to the terms and conditions stated herein, to issue and sell from time to time to or through Citadel Securities LLC (Citadel), as sales agent and/or principal (Agent), shares (the Shares) of the Companys common stock, $0.0001 par value per share (the Common Stock), having an aggregate offering price of up to $30,000,000 on the terms set forth in Section 2 of this Sales Agreement (the Agreement). The Company agrees that whenever it determines to sell Shares directly to the Agent as principal, it will enter into a separate agreement (each, a Terms Agreement) in substantially the form of Annex I hereto, relating to such sale in accordance with Section 3 of this Agreement.

Healthcare Realty Trust Incorporated 6,000,000 Shares At-The-Market Equity Offering Sales Agreement (May 13th, 2011)

HEALTHCARE REALTY TRUST INCORPORATED, a Maryland corporation (the Company), confirms its agreement (this Agreement) with Liquidnet, Inc. (Liquidnet) as follows:

ASCENT SOLAR TECHNOLOGIES, INC. Common Stock ($0.0001 Par Value Per Share) AT- THE-MARKET EQUITY OFFERING SALES AGREEMENT (February 28th, 2011)

Ascent Solar Technologies, Inc., a Delaware corporation (the Company), proposes, subject to the terms and conditions stated herein, to issue and sell from time to time to or through Stifel, Nicolaus & Company, Incorporated (Stifel Nicolaus), as sales agent and/or principal (Agent), shares (the Shares) of the Companys common stock, $0.0001 par value per share (the Common Stock), having an aggregate offering price of up to $25,000,000 on the terms set forth in Section 2 of this Sales Agreement (the Agreement). The Company agrees that whenever it determines to sell Shares directly to the Agent as principal, it will enter into a separate agreement (each, a Terms Agreement) in substantially the form of Annex I hereto, relating to such sale in accordance with Section 3 of this Agreement.

OLD DOMINION FREIGHT LINE, INC. Up to $100,000,000 Aggregate Offering Price of Common Stock ($0.10 Par Value Per Share) AT-THE-MARKET EQUITY OFFERING SALES AGREEMENT (February 2nd, 2011)

Old Dominion Freight Line, Inc., a Virginia corporation (the Company), proposes, subject to the terms and conditions stated herein, to issue and sell from time to time to or through Stifel, Nicolaus & Company, Incorporated (Stifel Nicolaus Weisel or Stifel Nicolaus), as sales agent and/or principal (Agent), up to that number of shares of the Companys common stock, $0.10 par value per share (the Common Stock), having an aggregate offering price of up to $100,000,000 (the Shares) on the terms set forth in Section 2 of this Sales Agreement (the Agreement). The Company agrees that whenever it determines to sell Shares directly to the Agent as principal, it will enter into a separate agreement (each, a Terms Agreement) in substantially the form of Annex I hereto, relating to such sale in accordance with Section 3 of this Agreement. The Company and Stifel Nicolaus Weisel agree that any such Terms Agreement will be described in a separate Prospectus Supplement (as defined in Section 1(a) of t