At-The-Market Issuance Sales Agreement Sample Contracts

Oramed Pharmaceuticl – Amendment No. 1 to At-The-Market Issuance Sales Agreement (April 5th, 2017)
VICAL INCORPORATED Common Stock (Par Value $0.01 Per Share) At-The-Market Issuance Sales Agreement (October 17th, 2016)
MediciNova, Inc. – Amendment No. 1 to At-The-Market Issuance Sales Agreement (September 16th, 2016)

MediciNova, Inc. (the Company), and MLV & Co. LLC (MLV) , are parties to that certain At-the-Market Issuance Sales Agreement dated May 22, 2015 (the Original Agreement). All capitalized terms not defined herein shall have the meanings ascribed to them in the Original Agreement. The parties, together with FBR Capital Markets & Co. (FBR and together with MLV, the Agent), intending to be legally bound, hereby amend the Original Agreement as follows (to be effective as set forth in paragraph 6 below):

Imperial Holdings – Emergent Capital, Inc. Common Stock (Par Value $0.01 Per Share) At-The-Market Issuance Sales Agreement (March 14th, 2016)
MANNKIND CORPORATION Common Stock (Par Value $0.01 Per Share) Amendment No. 1 to At-The-Market Issuance Sales Agreement (September 4th, 2015)
MANNKIND CORPORATION Common Stock (Par Value $0.01 Per Share) Amendment No. 1 to At-The-Market Issuance Sales Agreement (September 4th, 2015)

This Amendment No. 1 to At-The-Market Issuance Sales Agreement, dated as of the date first set forth above (this Amendment) amends that certain At-the-Market Issuance Sales Agreement, dated as of March 3, 2014 (the Agreement), by and between MLV & Co. LLC (MLV) and MannKind Corporation, a Delaware corporation (the Company). Capitalized terms not otherwise defined in this Amendment shall have the respective meanings ascribed to them in the Agreement.

ANADIGICS, INC. Common Stock (Par Value $0.01 Per Share) At-The-Market Issuance Sales Agreement (August 26th, 2015)
MediciNova, Inc. – MEDICINOVA, INC. Common Stock (Par Value $0.001 Per Share) At-The-Market Issuance Sales Agreement (May 22nd, 2015)
Gastar Exploration Inc. – GASTAR EXPLORATION INC. Common Stock (Par Value $0.001 Per Share) (May 7th, 2015)

Gastar Exploration Inc., a Delaware corporation (the "Company"), confirms its agreement (this "Agreement") with MLV & Co. LLC ("MLV"), as follows:

MicroVision, Inc. Common Stock (Par Value $0.001 Per Share) At-The-Market Issuance Sales Agreement (May 5th, 2015)
Oramed Pharmaceuticl – At-The-Market Issuance Sales Agreement (April 3rd, 2015)

Any certificate signed by an officer of the Company and delivered to MLV or to counsel for MLV pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to MLV as to the matters set forth therein.

WPT Enterprises, Inc. – At-The-Market Issuance Sales Agreement (April 2nd, 2015)
WPT Enterprises, Inc. – At-The-Market Issuance Sales Agreement (April 2nd, 2015)

Emerald Oil, Inc., a Delaware corporation (the "Company"), confirms its agreement (this "Agreement") with USCA Securities LLC, a Delaware limited liability company ("USCA"), as follows:

Postrock Energy Corp. – At-The-Market Issuance Sales Agreement (February 10th, 2015)
RESOURCE CAPITAL CORP. 8.50% Series a Cumulative Redeemable Preferred Stock (Par Value $0.001 Per Share) 8.25% Series B Cumulative Redeemable Preferred Stock (Par Value $0.001 Per Share) 8.625% Fixed-To-Floating Series C Cumulative Redeemable Preferred Stock (Par Value $0.001 Per Share) At-The-Market Issuance Sales Agreement (November 20th, 2014)
SYNTA PHARMACEUTICALS CORP. Common Stock (Par Value $0.0001 Per Share) at the Market Issuance Sales Agreement (July 18th, 2014)
BSD MEDICAL CORPORATION Common Stock (Par Value $0.001 Per Share) Termination of At-The-Market Issuance Sales Agreement (June 23rd, 2014)

This letter agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Delivery of an executed signature page by one party to the other may be made by facsimile or electronic transmission.

MicroVision, Inc. Common Stock (Par Value $0.001 Per Share) At-The-Market Issuance Sales Agreement (June 17th, 2014)
At-The-Market Issuance Sales Agreement (May 9th, 2014)

BSD Medical Corporation, a Delaware corporation (the "Company"), confirms its agreement (this "Agreement"), with MLV & Co. LLC ("MLV"), as follows:

SYNTA PHARMACEUTICALS CORP. Common Stock (Par Value $0.0001 Per Share) at the Market Issuance Sales Agreement (May 8th, 2014)
Re: At the Market Issuance Sales Agreement Dated as of May 2, 2012, as Amended (The Sales Agreement) (May 8th, 2014)

This shall confirm our mutual agreement to terminate the Sales Agreement effective immediately, in accordance with Section 13(e) thereof. Pursuant to Section 13(e), Section 9, Section 11, Section 12, Section 18 and Section 19 shall remain in full force and effect.

VICAL INCORPORATED Common Stock (Par Value $0.01 Per Share) At-The-Market Issuance Sales Agreement (April 15th, 2014)
Oculus Innovative Sciences – OCULUS INNOVATIVE SCIENCES, INC. Common Stock (Par Value $0.0001 Per Share) At- The-Market Issuance Sales Agreement (April 2nd, 2014)
Zaza Energy Corporation – ZAZA ENERGY CORPORATION Common Stock (Par Value $0.01 Per Share) At-The-Market Issuance Sales Agreement (March 31st, 2014)

ZaZa Energy Corporation, a Delaware corporation (the Company), confirms its agreement (this Agreement), with MLV & Co. LLC (MLV), as follows:

PREFERRED APARTMENT COMMUNITIES, INC. Common Stock ($0.01 Par Value Per Share) At-The-Market Issuance Sales Agreement (February 28th, 2014)

Preferred Apartment Communities, Inc., a Maryland corporation (the "Company") confirms its agreement (this "Agreement") with MLV & Co. LLC ("MLV" or the "Agent"), as follows:

(Par Value $0.001 Per Share) At-The-Market Issuance Sales Agreement (December 17th, 2013)
At-The-Market Issuance Sales Agreement (December 17th, 2013)
Targacept – TARGACEPT, INC. Common Stock (Par Value $0.001 Per Share) At-The-Market Issuance Sales Agreement (November 26th, 2013)
Targacept – TARGACEPT, INC. Common Stock (Par Value $0.001 Per Share) At-The-Market Issuance Sales Agreement (November 26th, 2013)
Amendment No. 1 to At-The-Market Issuance Sales Agreement (November 20th, 2013)

Pizza Inn Holdings, Inc., a Missouri corporation (the "Company"), and MLV & Co. LLC, a Delaware limited liability company ("MLV"), are parties to that certain At-the-Market Issuance Sales Agreement dated May 20, 2013 (the "Original Agreement"). All capitalized terms not defined herein shall have the meanings ascribed to them in the Original Agreement. The parties, intending to be legally bound, hereby amend the Original Agreement as follows (to be effective as set forth in paragraph 4 below):

At the Market Issuance Sales Agreement (October 16th, 2013)
Postrock Energy Corp. – Amendment No. 1 to At-The-Market Issuance Sales Agreement (August 29th, 2013)

Reference is made to the At-the-Market Issuance Sales Agreement, dated August 23, 2011, including the Schedules thereto (the Sales Agreement), between McNicoll, Lewis & Vlak LLC (n/k/a MLV & Co. LLC) (MLV) and PostRock Energy Corporation, a Delaware corporation (the Company). All capitalized terms used in this Amendment No. 1 to At-The-Market Issuance Sales Agreement between MLV and the Company (this Amendment) and not otherwise defined herein shall have the respective meanings assigned to such terms in the Sales Agreement. MLV and the Company agree as follows:

TG THERAPEUTICS, INC. Common Stock (Par Value $0.001 Per Share) At-The-Market Issuance Sales Agreement (June 21st, 2013)
SONUS Pharmaceuticals, Inc. – ONCOGENEX PHARMACEUTICALS, INC. Common Stock (Par Value $0.001 Per Share) At- The-Market Issuance Sales Agreement (June 18th, 2013)
At-The-Market Issuance Sales Agreement (May 20th, 2013)