Sales Agreement Sample Contracts

Sophiris Bio Inc. – Sophiris Bio Inc. Common Shares (No Par Value) Controlled Equity OfferingSM Sales Agreement (December 7th, 2018)
Celsion Corporation – CELSION CORPORATION Shares of Common Stock (Par Value $0.01 Per Share) Capital on Demand Sales Agreement (December 5th, 2018)
Workhorse Group Inc. – Sales Agreement (December 3rd, 2018)

THIS SALES AGREEMENT (this "Agreement") is made and entered into this 28th day of November, 2018 (the "Effective Date"), between DUKE ENERGY One, Inc., a Delaware corporation ("Buyer") and WORKHORSE GROUP, INC., a Nevada corporation ("Seller").

CORPORATE OFFICE PROPERTIES TRUST Common Shares of Beneficial Interest SALES AGREEMENT (November 13th, 2018)

Corporate Office Properties Trust, a Maryland real estate investment trust (the Company), and Corporate Office Properties, L.P., a Delaware limited partnership (the Operating Partnership) confirm their agreement (this Agreement) with Barclays Bank PLC (in its capacity as purchaser under any Forward Contract (as defined below), the Forward Purchaser) and Barclays Capital Inc. (in its capacity (i) as agent for the Company and/or principal in connection with the offering and sale of any Issuance Shares (as defined below) hereunder, the Agent, and (ii) as agent for the Forward Purchaser in connection with the offering and sale of any Forward Hedge Shares (as defined below) hereunder, the Forward Seller), as set forth in this Agreement. The Company has authorized and proposes to sell and/or issue in the manner contemplated by this Agreement common shares of beneficial interest, par value $0.01 per share (the Common Shares), having an aggregate offering price of up to $300,000,000 (the Maxi

REALTY INCOME CORPORATION Common Stock ($0.01 Par Value) SALES AGREEMENT (November 6th, 2018)

Realty Income Corporation, a Maryland corporation (the Company) confirms its agreement with Robert W. Baird & Co. Incorporated, Barclays Capital Inc., J.P. Morgan Securities LLC, BNY Mellon Capital Markets, LLC, Jefferies LLC, Citigroup Global Markets Inc., Goldman Sachs & Co. LLC, Morgan Stanley & Co. LLC, UBS Securities LLC, Credit Suisse Securities (USA) LLC, Mizuho Securities USA LLC, BB&T Capital Markets, a division of BB&T Securities, LLC, Stifel, Nicolaus & Company, Incorporated, Wells Fargo Securities, LLC, RBC Capital Markets, LLC and Merrill Lynch, Pierce, Fenner & Smith Incorporated, each as sales agent and/or principal and/or (except in the case of Robert W. Baird & Co. Incorporated, Mizuho Securities USA LLC, BB&T Capital Markets, a division of BB&T Securities, LLC and Stifel, Nicolaus & Company, Incorporated) forward seller (in any such capacity, each an Agent and together the Agents) and Barclays Bank PLC, JPMorgan Chase Bank, National Association, London Branch, The Ban

Monster Digital, Inc. – Innovate Biopharmaceuticals, Inc. Common Stock Sales Agreement (October 29th, 2018)
Clementia Pharmaceuticals Inc. – CLEMENTIA PHARMACEUTICALS INC. $40,000,000 of Common Shares (No Par Value Per Share) SALES AGREEMENT (October 22nd, 2018)

Clementia Pharmaceuticals Inc., a corporation incorporated under the Canada Business Corporations Act (the "Company"), confirms its agreement (this "Agreement") with Leerink Partners LLC (the "Agent"), as follows:

Digital Power Corporation – At-The-Market Issuance Sales Agreement (October 16th, 2018)
Alcobra Ltd. – Sales Agreement (October 15th, 2018)

Arcturus Therapeutics Ltd., an Israeli company (the "Company"), confirms its agreement (this "Agreement") with Leerink Partners LLC (the "Agent"), as follows:

Houston American Energy Corp. – At-The-Market Issuance Sales Agreement (October 5th, 2018)

Houston American Energy Corp., a Delaware corporation (the "Company"), confirms its agreement (this "Agreement") with Westpark Capital, Inc. ("Westpark") as follows:

CYCLACEL PHARMACEUTICALS, INC. cOMMON STOCK SALES AGREEMENT (October 4th, 2018)
Reshape Lifesciences, Inc. Common Stock Sales Agreement (October 3rd, 2018)
Virnetx Holding Corp – $50,000,000 At-The-Market Offering Program Sales Agreement (August 31st, 2018)
Corindus Vascular Robotics, Inc. – Corindus Vascular Robotics, Inc. $30,000,000 Common Stock Sales Agreement (August 31st, 2018)
Cerulean Pharma Inc. – Amendment No. 1 to Common Stock Sales Agreement (August 27th, 2018)
Symetra Life Insurance Co – Symetra Life Insurance Company Sales Agreement for Variable Products and Registered Indexed Annuity Products (August 24th, 2018)

Agreement dated as of , 20 ("Agreement"), by and among Symetra Life Insurance Company, an Iowa insurance company ("Symetra Life"), Symetra Securities, Inc., a Washington corporation ("SSI"), (together with SSI, "Symetra"), and ________________________________________,

Avino Silver & Gold – AVINO SILVER & GOLD MINES LTD. Common Shares (No Par Value) Amended and Restated Controlled Equity OfferingSM Sales Agreement (August 21st, 2018)
Class a Common Stock ($0.01 Par Value Per Share) Capital on Demand Sales Agreement (August 10th, 2018)
Tier Reit Inc – Tier Reit, Inc. Up to $125,000,000 Shares of Common Stock Controlled Equity Offering Sales Agreement (August 8th, 2018)

TIER REIT, Inc., a Maryland corporation (the Company), and Tier Operating Partnership LP, a Texas limited partnership and the Companys operating partnership (the Operating Partnership), confirm their agreement (this Agreement) with [ ] (the Agent), as follows:

Amendment No. 1 to Common Stock Sales Agreement (August 2nd, 2018)

Caladrius Biosciences, Inc. (the "Company") and H.C. Wainwright & Co. LLC ("HCW") are parties to that certain Common Stock Sales Agreement dated February 8, 2018 (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:

America First Tax Exempt Investors, L.P. – Capital on Demand Sales Agreement (August 1st, 2018)
Atm Equity Offeringsm Sales Agreement (August 1st, 2018)

Ventas, 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 any of Merrill Lynch, Pierce, Fenner & Smith Incorporated, Citigroup Global Markets Inc., Credit Agricole Securities (USA) Inc., J.P. Morgan Securities LLC, Morgan Stanley & Co. LLC, MUFG Securities Americas Inc., RBC Capital Markets, LLC, UBS Securities LLC and Wells Fargo Securities, LLC, as sales agent and/or principal (each, an Agent, and collectively, the Agents), shares (the Shares) of the Companys common stock, $0.25 par value (the Common Stock), having an aggregate gross sales price not to exceed $1,000,000,000. The Company agrees that whenever it determines to sell Shares directly to an Agent as principal it will enter into a separate written Terms Agreement (each, a Terms Agreement), in substantially the form of Annex I hereto, relating to such sale in accordance with Section 2(k) hereof. References herein to this

CytoSorbents Corporation Controlled Equity OfferingSM Amendment No. 1 to Sales Agreement (July 26th, 2018)
Plasaver – Myos Rens Technology Inc. Common Stock Sales Agreement (July 24th, 2018)
Xenon Pharmaceuticals Inc. – XENON PHARMACEUTICALS INC. Common Shares AT-THE-MARKET EQUITY OFFERING SALES AGREEMENT (July 12th, 2018)
Amendment No. 1 to Common Stock Sales Agreement (June 29th, 2018)

Savara, Inc. (the Company) and H.C. Wainwright & Co. LLC (HCW) are parties to that certain Common Stock Sales Agreement dated April 28, 2017 (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:

Probe Manufacturing – This Reciprocal Sales Agreement Agreement Is Entered Into on the 23rd May 2018 Between the Parties as Defined Below: Parties Biomass Power Ltd (BPL) With Its Registered Office At: Lichfield Road, Stafford, ST17 4BQ Registered in the United Kingdom With Company No. 06340386 and Clean Energy Technologies, Inc (CETY) With Its Registered Office At: 2990 Redhill Avenue Costa Mesa, California 92626 Registered in the United States of America as a Nevada Corporation. WHEREAS: BPL and CETY the Parties Agree to Actively Promote the Sale of the Following Products: - BPL HORC - 140, BPL HORC - 280, BPL HO (June 22nd, 2018)

and may from time to time refer potential customers to the each other to place orders. It is agreed that no monies shall be exchanged for any lead or order placement between the Parties.

Axovant Sciences Ltd. – Axovant Sciences Ltd. Common Shares Sales Agreement (June 22nd, 2018)
Trevena Inc – Trevena, Inc. Up to $50,000,000 of Shares Common Stock Sales Agreement (June 15th, 2018)
Cohbar, Inc. – COHBAR, INC. Shares of Common Stock (Par Value $0.001 Per Share) Controlled Equity OfferingSM Sales Agreement (June 12th, 2018)
Kilroy Realty, L.P. – Kilroy Realty Corporation Sales Agreement (June 5th, 2018)

Kilroy Realty Corporation, a Maryland corporation (the Company) and Kilroy Realty, L.P., a Delaware limited partnership (the Operating Partnership), confirm their agreement with Merrill Lynch, Pierce, Fenner & Smith Incorporated, Citigroup Global Markets Inc., Jefferies LLC, J.P. Morgan Securities LLC, Raymond James & Associates, Inc. (Raymond James), RBC Capital Markets, LLC, Scotia Capital (USA) Inc. (Scotia) and SMBC Nikko Securities America, Inc. (SMBC), each as sales agent and/or principal and/or (except in the case of Raymond James, Scotia and SMBC) forward seller (in any such capacity, each an Agent and together the Agents) and Bank of America, N.A., Citibank, N.A., Jefferies LLC,

Cytori Therapeutics Inc – Cytori Therapeutics, Inc. Sales Agreement (June 1st, 2018)
Griffin Land & Nurseries, Inc. – GRIFFIN INDUSTRIAL REALTY, INC. Common Stock ($0.01 Par Value Per Share) Sales Agreement (May 10th, 2018)
Ra Pharmaceuticals, Inc. – RA PHARMACEUTICALS, INC. Common Stock ($0.001 Par Value Per Share) AT-THE- MARKET EQUITY OFFERING SALES AGREEMENT (May 9th, 2018)

Ra 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, $0.001 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.

(Par Value $0.001 Per Share) Controlled Equity OfferingSM Sales Agreement (May 9th, 2018)