0001437749-13-014731 Sample Contracts

AT THE MARKET OFFERING AGREEMENT
At the Market Offering Agreement • November 14th, 2013 • NovaBay Pharmaceuticals, Inc. • Pharmaceutical preparations • New York

NovaBay Pharmaceuticals, Inc., a corporation organized under the laws of Delaware (the “Company”), confirms its agreement (this “Agreement”) with Ascendiant Capital Markets, LLC (the “Manager”) as follows:

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