SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • February 22nd, 2021 • Akoustis Technologies, Inc. • Telephone & telegraph apparatus • Delaware
This Securities Purchase Agreement (this “Agreement”) is made and entered into as of February 19, 2021, by and among Akoustis Technologies, Inc., a Delaware corporation (the “Company”), and the undersigned purchasers (the “Purchasers”).
Akoustis Technologies, Inc. Common Stock ($0.001 par value) AMENDMENT NO. 1 TO ATM EQUITY OFFERINGSM SALES AGREEMENTAtm Equity Offering Sales Agreement • February 22nd, 2021 • Akoustis Technologies, Inc. • Telephone & telegraph apparatus • New York
Reference is made to the ATM Equity OfferingSM Sales Agreement, dated May 8, 2020, including the Exhibits and Annex thereto (the “Sales Agreement”), by and among Akoustis Technologies, Inc., a Delaware corporation (the “Company”), BofA Securities, Inc. (“BofA”), as sales agent and/or principal, and Piper Sandler & Co. (“Piper Sandler”), as sales agent and/or principal (each, an “Agent” and together, the “Agents”), pursuant to which the Company may issue and sell from time to time to or through the Agents shares (the “Shares”) of the Company’s common stock, $0.001 par value (the “Common Stock”), having an aggregate gross sales price not to exceed $50,000,000, on the terms set forth in the Sales Agreement.
