0001185185-09-001037 Sample Contracts

Common Stock ATM AGENCY AGREEMENT
Agency Agreement • October 13th, 2009 • India Globalization Capital, Inc. • Heavy construction other than bldg const - contractors • New York

INDIA GLOBALIZATION CAPITAL, INC., a Maryland corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell from time to time through ENCLAVE CAPITAL LLC, as sales agent (the “Agent”), shares of the Company’s common stock, par value $.0001 per share (the “Common Shares”), having an aggregate offering price of up to $4,000,000 on the terms set forth in this agreement (this “Agreement”).

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