AMENDMENT No. 1 TO AT MARKET ISSUANCE SALES AGREEMENTMarket Issuance Sales Agreement • July 6th, 2009 • Valence Technology Inc • Miscellaneous electrical machinery, equipment & supplies • New York
THIS AMENDMENT No. 1 TO AT MARKET ISSUANCE SALES AGREEMENT (the “Amendment”) is entered into effective as of the 2nd day of July, 2009 (the “Amendment Effective Date”), by and between Valence Technology, Inc., a Delaware corporation (the “Company”), and Wm Smith & Co. (“Wm Smith”). Capitalized terms used herein but not defined herein shall have the meanings ascribed to such terms in the At Market Sales Issuance Agreement dated February 22, 2008 by and between the Company and Wm Smith (the “Sales Agreement”).
