STRICTLY CONFIDENTIAL February 13, 2012 CryoPort, Inc.
Exhibit 10.41
STRICTLY CONFIDENTIAL
February 13, 2012
000 Xxxxxxxx, Xxxxx 000
San Diego, CA92101
Attention: Xxxxx Xxxxxxxxx, Chairman and Chief Executive Officer
Amendment To Engagement Letter: Co-Placement Agent
This letter amends the agreement between Xxxxx-Xxxxxx Capital Group LLC (“Xxxxx-Xxxxxx”) and CryoPort, Inc. (the “Company”) dated January 17, 2012 (the “Agreement”) constitutes our understanding with respect to the engagement of in connection with the proposed offer and private placement (the “Offering”) by the Company of equity or equity-linked securities of the Company (the “Securities”).
In the event Maxim Group LLC (“Maxim”) is appointed co-placement agent, Xxxxx-Xxxxxx shall receive a fee (the “Additional Placement Agent Fee”) in the amount of 4.0% of the gross proceeds from investors brought in by Maxim that were approved to contact by Xxxxx-Xxxxxx if either during the Term or within 6 months following the Term: (i) an Offering is consummated with Potential Investors introduced by Emergent, or (ii) a definitive agreement or letter of intent or other evidence of commitment is entered into with one or more Potential Investors introduced by Xxxxx which subsequently results in an Offering of Securities of the Company being consummated. All other provisions of the Agreement shall remain in full force and effect, including the Lead Placement Agent Warrant.
XXXXX-XXXXXX CAPITAL GROUP, LLC | ||
By: | /s/ Xxxx Xxxxxxxx | |
Name: Xxxx Xxxxxxxx Title: Director of Investment Banking | ||
ACCEPTED AND AGREED TO: | ||
By: | /s/ Xxxxxx Xxxxxxxxxxx | |
Name: Xxxxxx Xxxxxxxxxxx | ||
Company: Cryoport | ||
Title: Chief Financial Officer |