AGENUS INC. Common Stock (par value 0.01) AMENDED AND RESTATED AT MARKET ISSUANCE SALES AGREEMENTAt Market Issuance Sales Agreement • December 21st, 2012 • Agenus Inc • Biological products, (no disgnostic substances) • New York
Agenus Inc., a Delaware corporation (the “Company”), and MLV & Co. LLC, a Delaware limited liability company (“MLV” or the “Agent”), are parties to that certain At Market Issuance Sales Agreement dated March 2, 2012 (the “Original Sales Agreement”). The Company and MLV desire to amend and restate the Original Sales Agreement with this agreement (the “Agreement”), and hereby agree as follows:
