At-the-Market Sales Agreement Sample Contracts
At-the-market SALES AGREEMENTAt-the-Market Sales Agreement • June 16th, 2025 • Oncology Institute, Inc. • Services-offices & clinics of doctors of medicine • New York
The Oncology Institute, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with BTIG, LLC (“BTIG” and, together with the Company, the “Parties”), as follows:
Beyond Air, Inc. Up to $35,000,000 COMMON STOCK AT-THE-MARKET SALES AGREEMENTAt-the-Market Sales Agreement • February 14th, 2025 • Beyond Air, Inc. • Surgical & medical instruments & apparatus • New York
Beyond Air, Inc., a Delaware corporation (the “Company”), and BTIG, LLC (the “Agent”), as sales agent, confirm their agreement (this “Agreement”) as follows:
At-the-market SALES AGREEMENTAt-the-Market Sales Agreement • March 18th, 2025 • Chicago Atlantic Real Estate Finance, Inc. • Real estate investment trusts • New York
Chicago Atlantic Real Estate Finance, Inc., a Maryland corporation (the “Company”), and Chicago Atlantic REIT Manager, LLC, a Delaware limited liability company (the “Manager”), confirm their respective agreements (this “Agreement”) with [●] (in its capacity as sales agent for the Company “Agent” and, together with the Company, the “Parties”), as follows:
MEDIACO HOLDING INC. UP TO $2,031,019 OF CLASS A COMMON STOCK ($0.01 par value per share) AT-THE-MARKET SALES AGREEMENTAt-the-Market Sales Agreement • December 13th, 2024 • Mediaco Holding Inc. • Radio broadcasting stations • New York
MediaCo Holding Inc., an Indiana corporation (the “Company”), confirms its agreement (this “Agreement”) with BTIG, LLC (“BTIG”) and Moelis & Company LLC (“Moelis”, and, together with BTIG, the “Agents”) as set forth below. The Company, BTIG and Moelis are referred to collectively herein as the “Parties”.
Up to $8,978,437At-the-Market Sales Agreement • November 19th, 2024
We have entered into an At-the-Market (ATM) Sales Agreement (the “Sales Agreement”) with A.G.P./Alliance Global Partners (“A.G.P.” or the “Sales Agent”) relating to shares of our common stock, par value $0.0001 per share. Under the Sales Agreement, we may offer and sell shares of our common stock having an aggregate offering price of up to $60,000,000 from time to time through the Sales Agent as our sales agent. Under the terms of the Sales Agreement, we may also sell shares to the Sales Agent as principal for its own account.
ONCOLYTICS BIOTECH INC. UP TO $50,000,000 OF COMMON SHARES (NO PAR VALUE PER SHARE) AT-THE-MARKET SALES AGREEMENTAt-the-Market Sales Agreement • October 20th, 2025 • Oncolytics Biotech Inc • Pharmaceutical preparations • New York
Oncolytics Biotech Inc., a company incorporated under the Business Corporations Act (Alberta) (the “Company”), confirms its agreement (this “Agreement”) with BTIG, LLC (“BTIG” and, together with the Company, the “Parties”), as follows:
INMUNE BIO Inc. AMENDMENT NO. 1 TO At-the-market SALES AGREEMENTAt-the-Market Sales Agreement • August 16th, 2023 • Inmune Bio, Inc. • Biological products, (no disgnostic substances) • New York
AMENDMENT NO. 2 TO AT THE MARKET SALES AGREEMENTAt the Market Sales Agreement • February 27th, 2025 • reAlpha Tech Corp. • Real estate
This Amendment No. 2 to At the Market Sales Agreement (this “Amendment”), is entered into as of February 27, 2025, by and between A.G.P./Alliance Global Partners (“A.G.P.”) and reAlpha Tech Corp., a Delaware corporation (the “Company”). Capitalized terms not otherwise defined in this Amendment shall have the respective meanings ascribed to them in the Agreement (as defined below).
PERSONALIS, INC. SHARES OF COMMON STOCK (par value $0.0001 per share) AMENDED AND RESTATED AT-THE-MARKET SALES AGREEMENTAt-the-Market Sales Agreement • December 27th, 2024 • Personalis, Inc. • Services-medical laboratories • New York
Personalis, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Piper Sandler & Co. and BTIG, LLC (each a “Sales Agent” and together the “Sales Agents” and the Sales Agents, together with the Company, the “Parties”), as follows:
AMENDMENT NO. 1 TO AT THE MARKET SALES AGREEMENTAt the Market Sales Agreement • January 31st, 2025 • reAlpha Tech Corp. • Real estate
This Amendment No. 1 to At the Market Sales Agreement (this “Amendment”), is entered into as of January 31, 2025, by and between A.G.P./Alliance Global Partners (“A.G.P.”) and reAlpha Tech Corp., a Delaware corporation (the “Company”). Capitalized terms not otherwise defined in this Amendment shall have the respective meanings ascribed to them in the Agreement (as defined below).
The Oncology Institute, Inc. UP TO $15,000,000 OF COMMON STOCK (par value $0.0001 per share) AT-THE-MARKET SALES AGREEMENTAt-the-Market Sales Agreement • August 13th, 2025 • Oncology Institute, Inc. • Services-offices & clinics of doctors of medicine
REALPHA TECH CORP. Common Stock (par value $0.001 per share) At the Market Sales AgreementAt the Market Sales Agreement • December 19th, 2024 • reAlpha Tech Corp. • Real estate • Delaware
reAlpha Tech Corp., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with A.G.P./Alliance Global Partners (“AGP”) as follows:
Enlivex Therapeutics Ltd. Up to $299,553,108 OF Ordinary Shares (par value NIS0.40 per share) At-the-market SALES AGREEMENTAt-the-Market Sales Agreement • November 24th, 2025 • Enlivex Therapeutics Ltd. • Pharmaceutical preparations • New York
Enlivex Therapeutics Ltd., a company organized under the laws of the State of Israel (the “Company”), confirms its agreement (this “Agreement”) with BTIG, LLC (“BTIG” and, together with the Company, the “Parties”), as follows:
PERSONALIS, INC. Shares of Common Stock ($0.0001 par value) AMENDMENT NO. 1 TO THE AT-THE-MARKET SALES AGREEMENTAt-the-Market Sales Agreement • December 21st, 2023 • Personalis, Inc. • Services-medical laboratories
Reference is made to the At-the-Market Sales Agreement, dated December 30, 2021 (the “Agreement”), by and between Personalis, Inc., a Delaware corporation (the “Company”), and BTIG, LLC (the “Agent”). Capitalized terms used but not defined herein shall have the meaning set forth in the Agreement. Pursuant to Section 16 of the Agreement, the Company and the Agent wish to amend the Agreement (this “Amendment”) as follows:
Outlook Therapeutics, Inc. F, Suite 320 Iselin, New Jersey 08830 Attention: Lawrence A. Kenyon, Chief Financial Officer Dear Mr. Kenyon:At the Market Sales Agreement • April 12th, 2024 • Outlook Therapeutics, Inc. • Biological products, (no disgnostic substances)
Reference is made to the At The Market Sales Agreement, dated as of May 16, 2023 (the “Sales Agreement”), between Outlook Therapeutics, Inc. (the “Company”) and BTIG, LLC (“BTIG”). This letter (the “Amendment”) constitutes an agreement between the Company and BTIG to amend the Sales Agreement as set forth herein. Defined terms that are used but not defined herein shall have the meanings ascribed to such terms in the Sales Agreement.
We have entered into an At-the-Market Sales Agreement, or the Sales Agreement, with Virtu Americas LLC, or Virtu, relating to shares of our common stock, par value $0.001 per share, offered by this prospectus supplement and the accompanying...At-the-Market Sales Agreement • May 27th, 2020
This prospectus is part of a registration statement we filed with the Securities and Exchange Commission, or the SEC, using a “shelf” registration process. Under this shelf registration process, we may, from time to time, offer and sell any combination of the securities described in this prospectus in one or more offerings. The aggregate initial offering price of all securities sold under this prospectus will not exceed $100,000,000.
SURO CAPITAL CORP. (a Maryland corporation) AMENDMENT NO. 2 TO AT-THE-MARKET SALES AGREEMENTAt-the-Market Sales Agreement • November 8th, 2024 • Suro Capital Corp.
This Amendment No. 2, dated November 8, 2024 (the “Amendment”), is to the At-the-Market Sales Agreement, dated July 29, 2019 (the “Sales Agreement”), by and among SuRo Capital Corp., a Maryland corporation (the “Company”), BTIG, LLC (“BTIG”), Citizens JMP Securities, LLC (formerly JMP Securities, LLC, and referred to as “JMP”) and Ladenburg Thalmann & Co. Inc. (“Ladenburg”).
INMUNE BIO Inc. AMENDMENT NO. 1 TO At-the-market SALES AGREEMENTAt-the-Market Sales Agreement • August 19th, 2020 • Inmune Bio, Inc. • Biological products, (no disgnostic substances) • New York
SURO CAPITAL CORP. (a Maryland corporation) AMENDMENT NO. 1 TO AT-THE-MARKET SALES AGREEMENTAt-the-Market Sales Agreement • September 23rd, 2020 • Suro Capital Corp.
The Glimpse Group, Inc. 15 West 38th Street, 12th Floor New York, New York 10018 Attention: Chief Financial Officer Dear Mr. Rothblum:At-the-Market Sales Agreement • November 21st, 2025 • Glimpse Group, Inc. • Services-computer programming services
Reference is made to the At-the-Market Sales Agreement, dated as of July 11, 2025 (the “Sales Agreement”), between The Glimpse Group, Inc. (the “Company”) and WestPark Capital, Inc. (“WestPark”). This letter (this “Amendment”) constitutes an agreement between the Company and WestPark to amend the Sales Agreement as set forth herein. Defined terms that are used but not defined herein shall have the meanings ascribed to such terms in the Sales Agreement.
CLAROS MORTGAGE TRUST, INC. UP TO $150 MILLION OF COMMON STOCK (par value $0.01 per share) AT-THE-MARKET SALES AGREEMENTAt-the-Market Sales Agreement • May 10th, 2024 • Claros Mortgage Trust, Inc. • Real estate • New York
Claros Mortgage Trust, Inc., a Maryland corporation (the “Company”) and Claros REIT Management LP, a Delaware limited partnership (the “Manager”) confirm their respective agreements (this “Agreement”) with BTIG, LLC, J.P. Morgan Securities LLC and Wells Fargo Securities LLC (each an “Agent,” collectively, the “Agents” and, together with the Company and the Manager, the “Parties”), as follows:
The Oncology Institute, Inc. UP TO $15,000,000 OF COMMON STOCK (par value $0.0001 per share) AT-THE-MARKET SALES AGREEMENTAt-the-Market Sales Agreement • August 13th, 2025 • Oncology Institute, Inc. • Services-offices & clinics of doctors of medicine
FUNKO, INC. UP TO $40,000,000 OF CLASS A COMMON STOCK ($0.0001 PAR VALUE PER SHARE) AT-THE-MARKET SALES AGREEMENTAt-the-Market Sales Agreement • August 7th, 2025 • Funko, Inc. • Games, toys & children's vehicles (no dolls & bicycles) • New York
Funko, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with BTIG, LLC (“BTIG” and, together with the Company, the “Parties”), as follows:
BETTER HOME & FINANCE HOLDING COMPANY UP TO $75,000,000 OF CLASS A COMMON STOCK (PAR VALUE $0.0001 PER SHARE) AT-THE-MARKET SALES AGREEMENTAt-the-Market Sales Agreement • September 29th, 2025 • Better Home & Finance Holding Co • Loan brokers • New York
Better Home & Finance Holding Company, a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with [●] (the “Agent” and, together with the Company, the “Parties”), as follows: