AMENDMENT NO. 1 TO CONTROLLED EQUITY OFFERINGSM SALES AGREEMENTControlled Equity Offeringsm Sales Agreement • March 18th, 2022 • Asensus Surgical, Inc. • Surgical & medical instruments & apparatus • New York
Asensus Surgical, Inc. (the “Company”), Cantor Fitzgerald & Co. (“Cantor”), Robert W. Baird & Co. Incorporated (“Baird”) and Oppenheimer & Co. Inc. (“Oppenheimer”, each of Cantor, Baird and Oppenheimer individually an “Agent” and collectively, the “Agents”) are parties to that certain Controlled Equity OfferingSM Sales Agreement dated May 19, 2021 (the “Original Agreement”). All capitalized terms not defined herein shall have the meanings ascribed to them in the Original Agreement. The parties hereto, intending to be legally bound, hereby amend the Original Agreement as follows:
