AMENDMENT No. 2 TO AT MARKET ISSUANCE SALES AGREEMENTMarket Issuance Sales Agreement • December 30th, 2010 • Valence Technology Inc • Miscellaneous electrical machinery, equipment & supplies • New York
THIS AMENDMENT No. 2 TO AT MARKET ISSUANCE SALES AGREEMENT (the “Amendment”) is entered into effective as of the 30th day of December, 2010 (the “Amendment Effective Date”), by and between Valence Technology, Inc., a Delaware corporation (the “Company”), and Wm Smith & Co. (“Wm Smith”). Capitalized terms used herein but not defined herein shall have the meanings ascribed to such terms in the At Market Sales Issuance Agreement dated February 22, 2008 by and between the Company and Wm Smith, as amended by Amendment No. 1 effective July 2, 2009 (the “Sales Agreement”).
