March 19, 2021CAPSTONE TURBINE Corp • March 22nd, 2021 • Engines & turbines
This letter (the “Second Amendment”) constitutes an agreement between the Company and Wainwright to amend the ATM Agreement as set forth herein. This Second Amendment shall be effective on the date of effectiveness of the Company’s shelf registration statement on Form S-3 registering $150,000,000 of securities of the Company being filed on or about March 22, 2021 with the Commission (such date of effectiveness, the “New Registration Statement Effectiveness Date”). Defined terms that are used but not defined herein shall have the meanings ascribed to such terms in the ATM Agreement. In consideration of the mutual covenants of the parties contained herein, and for other good and valuable consideration, the parties hereby agree to this Second Amendment of the ATM Agreement as follows:
