FIRST ADDENDUM TO THE SELLING AGENCY AGREEMENT FOR CRYOPORT, INC. STOCK AND WARRANTS
Exhibit 10.30
This First Addendum is made effective this 31st day of August, 2010 by and between
CRYOPORT, INC., a Nevada corporation (the “Company”), and EMERGENT FINANCIAL GROUP, INC.
(the “Selling Agent”) and relates to the continuation of the placement by the Selling Agent
of the Securities contemplated in the Selling Agency Agreement between them dated as of July 27,
2010 (the “Agency Agreement”).
Terms defined in the Agency Agreement not otherwise defined herein shall have the meaning set
out in the Agency Agreement.
The parties acknowledge that Maxim Group has completed its efforts in the Offering and that
the Company, the Selling Agent and Maxim Group established the per Unit price for the Securities at
$0.70 per Unit with the warrant included in the Unit having an exercise price of $0.77 per share.
The Company and the Selling Agent have agreed to continue the Offering with the Selling Agent
being the exclusive agent of the Company for the solicitation of additional purchases of the
Securities until October 20, 2010.
The Company and the Selling Agent have agreed to have subscription proceeds delivered to an
account the Company maintains with Bank of the West and that the Company will not access such funds
until the Company and the Selling Agent agree to effect a closing on the subscriptions for such
funds.
The Company and the Selling Agent have agreed that the solicitation compensation due the
Selling Agent shall continue with respect to the continued efforts to secure additional
subscriptions, but that the Selling Agent shall receive an accountable expense allowance not to
exceed $2,500 with respect to the continuation of the Offering.
Except as expressly modified hereby, the terms of the Agency Agreement shall apply to the
extended Offering.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written
above.
| CRYOPORT, INC. | EMERGENT FINANCIAL GROUP, INC. | |||||||
By
|
/s/ Xxxxx X. Xxxxxxxxx | By | /s/ Xxxxx Xxxxxxxx | |||||
| Name: | Xxxxx X. Xxxxxxxxx Chief Executive Officer |
Name: | Xxxxx Xxxxxxxx Chief Executive Officer |
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