INOVIO PHARMACEUTICALS, INC. AMENDMENT NO. 2 TO THE AT-THE-MARKET EQUITY OFFERING SALES AGREEMENTAt-the-Market Equity Offering Sales Agreement • March 9th, 2020 • Inovio Pharmaceuticals, Inc. • Surgical & medical instruments & apparatus • New York
Reference is made to the At-The-Market Equity Offering Sales Agreement, dated as of May 25, 2018 (the “Original Sales Agreement”) between Stifel, Nicolaus & Company, Incorporated (“Stifel Nicolaus”) and Inovio Pharmaceuticals, Inc., a Delaware corporation (the “Company”), as amended by Amendment No. 1 to the Original Sales Agreement, dated as of February 7, 2020 (the “First Amendment” and, together with the Original Sales Agreement, the “Sales Agreement”), pursuant to which the Company agreed to sell through Stifel Nicolaus, acting as sales agent and/or principal, shares of the Company’s common stock, $0.001 par value per share. All capitalized terms used in this Amendment No. 2 to the At-The-Market Equity Offering Sales Agreement between Stifel Nicolaus and the Company (this “Amendment”) and not otherwise defined herein shall have the respective meanings assigned to such terms in the Sales Agreement. Stifel Nicolaus and the Company agree as follows:
