0001251769-17-000077 Sample Contracts

par value $0.001 per share) Controlled Equity OfferingSM Sales Agreement
Apollo Endosurgery, Inc. • December 4th, 2017 • Surgical & medical instruments & apparatus • New York

Apollo Endosurgery, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Cantor Fitzgerald & Co. (the “Agent”), as follows:

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