0001157523-12-004801 Sample Contracts

OPEXA THERAPEUTICS, INC. DOCS® ATM financing facility Shares of Common Stock, $0.01 par value SALES AGREEMENT September 6, 2012
Sales Agreement • September 7th, 2012 • Opexa Therapeutics, Inc. • Pharmaceutical preparations • New York

THIS SALES AGREEMENT (the “Agreement”) dated as of September 6, 2012 between Brinson Patrick Securities Corporation, having its principal office at 1515 Broadway, 11th Floor, New York, New York 10036 (the “Sales Manager”) and Opexa Therapeutics, Inc., a corporation organized and existing under the laws of the State of Texas (the “Company”).

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