AMENDMENT NO. 2 TO ATM SALES AGREEMENTAtm Sales Agreement • August 31st, 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 (“MLV”), are parties to that certain At the Market Issuance Sales Agreement dated June 3, 2011 (the “Original Agreement”), as amended on January 4, 2012 (the Original Agreement, as so amended, the “Amended Agreement”). All capitalized terms not defined herein shall have the meanings ascribed to them in the Amended Agreement. The parties, intending to be legally bound, hereby amend the Amended Agreement as follows:
Controlled Equity OfferingSM Sales AgreementControlled Equity Offering Sales Agreement • August 31st, 2012 • Cerus Corp • Surgical & medical instruments & apparatus • New York
Cerus Corporation, a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Cantor Fitzgerald & Co. (“Agent”), as follows:
