AMENDMENT NO. 1 TO AT MARKET ISSUANCE SALES AGREEMENTAt Market Issuance Sales Agreement • September 20th, 2013 • Wave Systems Corp • Computer peripheral equipment, nec • New York
Wave Systems Corp., a Delaware corporation (the “Company”), and MLV & Co. LLC, a Delaware limited liability company (“MLV”), are parties to that certain At Market Issuance Sales Agreement dated January 30, 2012 (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 4 below):
