OPEN MARKET SALE AGREEMENTSMOpen Market Sale Agreement • April 22nd, 2024 • Vivani Medical, Inc. • Electromedical & electrotherapeutic apparatus • New York
Vivani Medical, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell from time to time through Jefferies LLC, as sales agent and/or principal (the “Agent”), shares of the Company’s common stock, par value $0.0001 per share (the “Common Shares”), having an aggregate offering price of up to $75,000,000 on the terms set forth in this agreement (this “Agreement”).
