AMENDMENT NO. 1 TO ATM SALES AGREEMENTAtm Sales Agreement • January 6th, 2012 • Cerus Corp • Surgical & medical instruments & apparatus • New York
Cerus Corporation, a Delaware corporation (the “Company”), and MLV & Co. LLC, a Delaware limited liability company, formerly known as McNicoll, Lewis & Vlak LLC, a Delaware limited liability company (“MLV”), are parties to that certain At the Market Issuance Sales Agreement dated June 3, 2011 (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 6 below):
