AMENDMENT TO THE ATM EQUITY OFFERINGSM SALES AGREEMENTAtm Equity Offerings Sales Agreement • August 15th, 2008 • Raser Technologies Inc • Motors & generators • New York
Raser Technologies, Inc., a Delaware corporation (the “Company”), confirms its agreement with Merrill Lynch & Co., Merrill Lynch, Pierce, Fenner & Smith Incorporated (the “Underwriter”) with respect to the issue and sale by the Company and the purchase by the Underwriter of 1,986,173 shares (the “Shares”) of the Company’s common stock, par value $.01 per share (the “Common Stock”), on and subject to the terms and conditions of the ATM Equity OfferingSM Sales Agreement, dated June 17, 2008, between the Company and the Underwriter (the “ATM Agreement”) as amended and supplemented by this Amendment to the ATM Equity OfferingSM Sales Agreement (this “Amendment”) as follows:
