Atm Sales Agreement Sample Contracts
Up to $50,000,000 Common Shares ATM Sales AgreementAtm Sales Agreement • April 17th, 2025 • Snow Lake Resources Ltd. • Miscellaneous metal ores • New York
Snow Lake Resources Ltd., a corporation formed under the laws of the Province of Manitoba, Canada (the “Company”), confirms its agreement (this “Agreement”) with ThinkEquity LLC (the “Agent”), as follows:
Apollo Tactical Income Fund Inc. Common Stock (par value $0.001 per share) ATM Sales AgreementAtm Sales Agreement • June 1st, 2022 • Apollo Tactical Income Fund Inc. • New York
Apollo Tactical Income Fund Inc., a Maryland corporation (the “Company”) and Apollo Credit Management, LLC (the “Investment Adviser”), each confirms its agreement (this “Agreement”) with Virtu Americas LLC (“Virtu”) as follows:
WUNDERLICH SECURITIES, INC. ATM SALES AGREEMENT (Series D Preferred Stock) January 18, 2012 [ ] [pm] CSTAtm Sales Agreement • January 19th, 2012 • Magnum Hunter Resources Corp • Crude petroleum & natural gas • New York
Magnum Hunter Resources Corporation, a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Wunderlich Securities, Inc., a Tennessee corporation (“Wunderlich”), as follows:
LANTERN PHARMA INC. Up to $15,530,000 Shares of Common Stock ATM Sales AgreementAtm Sales Agreement • July 3rd, 2025 • Lantern Pharma Inc. • Pharmaceutical preparations • New York
Lantern Pharma Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with ThinkEquity LLC (the “Agent”), as follows:
Glucotrack, INC. COMMON STOCK ATM SALES AGREEMENTAtm Sales Agreement • December 17th, 2024 • Glucotrack, Inc. • Surgical & medical instruments & apparatus • New York
GlucoTrack, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Dawson James Securities, Inc., as follows:
Common Units Representing Limited Partner Interests ATM Sales AgreementAtm Sales Agreement • April 20th, 2021 • Evolve Transition Infrastructure LP • Crude petroleum & natural gas • New York
Evolve Transition Infrastructure LP, a Delaware limited partnership (the “Partnership”), confirms its agreement (this “Agreement”) with Virtu Americas LLC (“Virtu”) as follows:
Up to $30,000,000 Shares of Common StockAtm Sales Agreement • August 30th, 2024
Aqua Metals, Inc. has entered into an ATM Sales Agreement, or the Sales Agreement, with The Benchmark Company, LLC relating to the sale of shares of our common stock, par value $0.001 per share, offered by this prospectus supplement. In accordance with the terms of the Sales Agreement, under this prospectus supplement we may offer and sell our common stock having an aggregate offering price of up to $30,000,000 from time to time through or to The Benchmark Company, LLC, acting as our sales agent. Sales of our common stock, if any, under this prospectus supplement will be made by any method permitted that is deemed an “at the market offering” as defined in Rule 415(a)(4) under the Securities Act of 1933, as amended, or the Securities Act. The Benchmark Company, LLC is not required to sell any specific amount but will act as our sales agent using commercially reasonable efforts consistent with its normal trading and sales practices. There is no arrangement for funds to be received in esc
Akoustis Technologies, Inc. Common Stock ($0.001 par value) ATM SALES AGREEMENTAtm Sales Agreement • May 2nd, 2022 • Akoustis Technologies, Inc. • Telephone & telegraph apparatus • New York
Tidewater Inc. Common Stock ATM Sales AgreementAtm Sales Agreement • November 17th, 2021 • Tidewater Inc • Water transportation • New York
Tidewater Inc., a Delaware corporation (the “Company”), hereby enters into this ATM Sales Agreement (the “Agreement”) with Virtu Americas LLC (“Virtu”) and DNB Markets, Inc. (“DNB”, together with Virtu, each an “Agent,” and collectively, the “Agents”) on the terms and conditions set forth below. England Securities, LLC (“England”) joins this Agreement solely for purposes of Sections 1, 7(j), 11 and 12 of this Agreement.
Snow Lake Resources Ltd. Winnipeg, Manitoba R3C 0V1 Canada Attention: Frank Wheatley, Chief Executive Officer Dear Mr. Wheatley:Atm Sales Agreement • October 30th, 2024 • Snow Lake Resources Ltd. • Miscellaneous metal ores
Reference is made to the ATM Sales Agreement, dated as of August 22, 2024 (the “ATM Agreement”), between Snow Lake Resources Ltd. (the “Company”) and ThinkEquity LLC (“ThinkEquity”). This letter (this “Amendment”) constitutes an agreement between the Company and ThinkEquity to amend the ATM Agreement as set forth herein. Defined terms that are used but not defined herein shall have the meanings ascribed to such terms in the ATM Agreement.
AMENDMENT NO. 2 TO ATM SALES AGREEMENTAtm Sales Agreement • August 31st, 2012 • Cerus Corp • Surgical & medical instruments & apparatus • New York
Cerus Corporation, a Delaware 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 June 3, 2011 (the “Original Agreement”), as amended on January 4, 2012 (the Original Agreement, as so amended, the “Amended Agreement”). All capitalized terms not defined herein shall have the meanings ascribed to them in the Amended Agreement. The parties, intending to be legally bound, hereby amend the Amended Agreement as follows:
AMENDMENT NO. 1 TO ATM SALES AGREEMENTAtm Sales Agreement • January 6th, 2012 • Cerus Corp • Surgical & medical instruments & apparatus • New York
Cerus Corporation, a Delaware corporation (the “Company”), and MLV & Co. LLC, a Delaware limited liability company, formerly known as McNicoll, Lewis & Vlak LLC, a Delaware limited liability company (“MLV”), are parties to that certain At the Market Issuance Sales Agreement dated June 3, 2011 (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 6 below):
Up to $16,362,816Atm Sales Agreement • January 2nd, 2025
We have entered into an ATM Sales Agreement (the “Sales Agreement”), with Capital One Securities, Inc. (“Capital One Securities”) and Virtu Americas LLC (“Virtu” and, together with Capital One Securities, each a “Sales Agent” and, collectively, the “Sales Agents”), dated April 26, 2024, relating to the sale of American depositary shares (“ADSs”), each representing one of our ordinary shares, no par value, offered by this prospectus supplement and the accompanying prospectus. In accordance with the terms of the Sales Agreement, under this prospectus supplement, we may offer and sell ADSs having an aggregate offering price of up to $16,362,816 from time to time through or to the Sales Agents, acting as our sales agents or principals.
Up to 4,000,000 sharesAtm Sales Agreement • February 21st, 2025
We previously entered into an ATM sales agreement, dated November 4, 2021, which was amended on August 1, 2024 (as amended, the “ATM Sales Agreement”), with Wells Fargo Securities, LLC, Citigroup Global Markets Inc., Jefferies LLC, J.P. Morgan Securities LLC, KeyBanc Capital Markets Inc., Truist Securities, Inc., Mizuho Securities USA LLC, TD Securities (USA) LLC, and BTIG, LLC (each an “Agent” and collectively, the “Agents”) and the Forward Purchasers (as defined below), relating to the offering of shares of our common stock, par value $0.01 per share, by this prospectus supplement and the accompanying prospectus. In accordance with the terms of the ATM Sales Agreement, the Agents may sell up to 4,000,000 shares of our common acting as sales agents, forward sellers and/or principals. As of August 1, 2024, we have 4,000,000 shares of our common stock available to be offered by this prospectus supplement and the accompanying prospectus pursuant to the ATM Sales Agreement.
GENENTA SCIENCE S.P.A. American Depositary Shares each representing one ordinary share, no par value per share ATM Sales AgreementAtm Sales Agreement • April 26th, 2024 • Genenta Science S.p.A. • Biological products, (no disgnostic substances) • New York
Genenta Science S.p.A., a Republic of Italy joint stock corporation (the “Company”), confirms its agreement (this “Agreement”) with Virtu Americas LLC and Capital One Securities, Inc. (each individually an “Agent” and together, the “Agents”), as follows:
Shares of Common Stock ATM Sales AgreementAtm Sales Agreement • October 6th, 2025 • Polar Power, Inc. • Miscellaneous electrical machinery, equipment & supplies • New York
Polar Power, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with ThinkEquity LLC (the “Agent”), as follows:
AMENDMENT NO. 1 TO ATM SALES AGREEMENTAtm Sales Agreement • October 29th, 2025 • Mobilicom LTD • Aircraft • New York
This AMENDMENT NO. 1 TO ATM SALES AGREEMENT (this “Amendment”) dated as of October 29, 2025 by and Mobilicom Limited, an Australian corporation (the “Company”) and ThinkEquity LLC (the “Agent”). Each of the Company and the Agent shall be referred to collectively as the “Parties” and individually as a “Party.”
FUNDAMENTAL GLOBAL INC. Shares of Common Stock ATM Sales AgreementAtm Sales Agreement • August 8th, 2025 • Fundamental Global Inc. • Fire, marine & casualty insurance • New York
Fundamental Global Inc., a Nevada corporation (the “Company”), confirms its agreement (this “Agreement”) with ThinkEquity LLC (the “Agent”), as follows:
FUNDAMENTAL GLOBAL INC. Shares of Common Stock ATM Sales AgreementAtm Sales Agreement • August 7th, 2025 • Fundamental Global Inc. • Fire, marine & casualty insurance • New York
Fundamental Global Inc., a Nevada corporation (the “Company”), confirms its agreement (this “Agreement”) with ThinkEquity LLC (the “Agent”), as follows:
GENENTA SCIENCE S.P.A. American Depositary Shares each representing one ordinary share, no par value per share AMENDMENT NO. 1 TO ATM SALES AGREEMENTAtm Sales Agreement • December 20th, 2024 • Genenta Science S.p.A. • Biological products, (no disgnostic substances) • New York
NEXTNRG, INC. Amendment No. 1 to the ATM Sales AgreementAtm Sales Agreement • November 14th, 2025 • Nextnrg, Inc. • Retail-auto dealers & gasoline stations
Reference is made to the ATM Sales Agreement, dated July 3, 2025 (the “Agreement”), by and between NextNRG, Inc., a Delaware corporation (the “Company”), and ThinkEquity LLC (“ThinkEquity”), H.C. Wainwright & Co., LLC (“Wainwright”) and Roth Capital Partners, LLC (“Roth”) (ThinkEquity, Wainwright and Roth, collectively called the “Agents”). The Company and the Agents (collectively, the “Parties”) wish to amend the Agreement, pursuant to Section 16 of the Agreement, to reduce the aggregate allowed offering amount of shares of Common Stock under the Agreement (this “Amendment”) from $75,000,000 to $60,000,000. The Parties therefore hereby agree as follows:
VOLATO GROUP, INC. Class A Common Stock (par value $0.0001 per share) ATM Sales AgreementAtm Sales Agreement • December 8th, 2025 • Volato Group, Inc. • Air transportation, nonscheduled • New York
Volato Group, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Virtu Americas LLC (the “Agent”) as follows:
Lunai Bioworks Inc. COMMON STOCK ATM SALES AGREEMENTAtm Sales Agreement • December 3rd, 2025 • Lunai Bioworks Inc. • Pharmaceutical preparations • New York
Lunai Bioworks Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Dawson James Securities, Inc., as follows:
ATM SALES AGREEMENTAtm Sales Agreement • August 1st, 2017 • UDR, Inc. • Real estate investment trusts • New York
PROSPECTUS SUPPLEMENTAtm Sales Agreement • June 1st, 2023 • New York
We have entered into an ATM Sales Agreement (the “Sales Agreement”) with ThinkEquity LLC (“ThinkEquity” or “Sales Agent”), relating to the sale of our common stock, par value $0.0001 per share, offered by this prospectus supplement. In accordance with the terms of the Sales Agreement, we may offer and sell shares of our common stock having an aggregate offering price of up to $7,000,000 from time to time through ThinkEquity acting as Sales Agent.
Up to $10,000,000 Common StockAtm Sales Agreement • May 17th, 2022
This prospectus and the documents incorporated by reference herein contain forward-looking statements within the meaning of Section 27A of the Securities Act and Section 21E of the Securities Exchange Act of 1934, as amended (the “Exchange Act”). Any statements about our expectations, beliefs, plans, objectives, assumptions or future events or performance are not historical facts and may be forward-looking. These statements are often, but are not always, made through the use of words or phrases such as “anticipate,” “believe,” “contemplate,” “continue,” “could,” “estimate,” “expect,” “intend,” “may,” “plan,” “potential,” “predict,” “project,” “seek,” “should,” “target,” “will,” and “would,” or the negative of these terms, or similar expressions. Such forward-looking statements are subject to certain risks, uncertainties and assumptions relating to factors that could cause actual results to differ materially from those anticipated in such statements, including, without limitation, the f
COMMON STOCKAtm Sales Agreement • April 14th, 2025
We have entered into an ATM Sales Agreement (the “Sales Agreement”) with Ascendiant Capital Markets, LLC (the “Sales Agent” or “ACM”) relating to the sale of our common stock, par value $0.001 per share, offered by this prospectus supplement and the accompanying prospectus. In accordance with the terms of the Sales Agreement, we may offer and sell shares of our common stock bearing an aggregate offering price of up to $8,850,000 from time to time through or to ACM, acting as an agent or principal.
AMENDMENT NO. 1 TO ATM SALES AGREEMENTAtm Sales Agreement • February 1st, 2012 • Paramount Gold & Silver Corp. • Metal mining • New York
Paramount Gold and Silver Corp., a Delaware corporation (the “Company”), and MLV & Co. LLC, a Delaware limited liability company, formerly known as McNicoll, Lewis & Vlak LLC, a Delaware limited liability company (“MLV”), are parties to that certain At Market Issuance Sales Agreement dated June 23, 2011 (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 6 below):
March 24, 2023Atm Sales Agreement • March 29th, 2023 • EzFill Holdings Inc • Retail-auto dealers & gasoline stations
Common StockAtm Sales Agreement • May 2nd, 2022
This prospectus is part of a registration statement on Form S-3 that we filed with the Securities and Exchange Commission, or the SEC, utilizing a “shelf” registration process. Under this shelf process, we may from time to time sell any combination of securities described in this prospectus in one or more offerings.