At Market Issuance Sales Agreement Sample Contracts

ATLANTICUS HOLDINGS CORPORATION Amended and Restated At Market Issuance Sales Agreement
At Market Issuance Sales Agreement • August 26th, 2024 • Atlanticus Holdings Corp • Personal credit institutions • New York
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GERON CORPORATION Common Stock (par value $0.001 per share) At Market Issuance Sales Agreement
At Market Issuance Sales Agreement • August 28th, 2015 • Geron Corp • Pharmaceutical preparations • New York

Geron Corporation, a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with MLV & Co. LLC (“MLV”), as follows:

CHERRY HILL MORTGAGE INVESTMENT CORPORATION
At Market Issuance Sales Agreement • August 9th, 2024 • Cherry Hill Mortgage Investment Corp • Real estate investment trusts • New York

Cherry Hill Mortgage Investment Corporation, a Maryland corporation (the “Company”), confirms its agreement (this “Agreement”), with BTIG, LLC (the “Agent”), as follows:

GALECTIN THERAPEUTICS INC. Common Stock (par value $0.001 per share) At Market Issuance Sales Agreement
At Market Issuance Sales Agreement • May 19th, 2017 • Galectin Therapeutics Inc • Pharmaceutical preparations • New York

Galectin Therapeutics Inc., a Nevada corporation (the “Company”), confirms its agreement (this “Agreement”), with FBR Capital Markets & Co. (“FBR”), as follows:

SOLIGENIX, INC. Common Stock (par value $0.001 per share) At Market Issuance Sales Agreement
At Market Issuance Sales Agreement • August 11th, 2017 • Soligenix, Inc. • Pharmaceutical preparations • New York
At Market Issuance Sales Agreement
At Market Issuance Sales Agreement • January 6th, 2010 • Magnum Hunter Resources Corp • Crude petroleum & natural gas • Colorado

Magnum Hunter Resources Corporation, a Delaware corporation formerly known as Petro Resources Corporation (the “Company”), confirms its agreement (this “Agreement”) with Wm Smith & Co., a Colorado corporation (“Wm Smith”), as follows:

GERON CORPORATION Common Stock (par value $0.001 per share) At Market Issuance Sales Agreement
At Market Issuance Sales Agreement • November 2nd, 2023 • Geron Corp • Pharmaceutical preparations • New York
PHYSICIANS REALTY TRUST Common Shares ($0.01 par value per share) At Market Issuance Sales Agreement
At Market Issuance Sales Agreement • May 7th, 2021 • Physicians Realty Trust • Real estate investment trusts • New York

Physicians Realty Trust, a Maryland real estate investment trust (the “Company”), and Physicians Realty L.P., a Delaware limited partnership (the “Operating Partnership”), confirm their agreement (this “Agreement”), with BMO Capital Markets Corp., Credit Agricole Securities (USA) Inc., KeyBanc Capital Markets Inc., Raymond James & Associates, Inc. and Stifel, Nicolaus & Company, Incorporated as sales agents for the Company and/or forward sellers (each, an “Agent” and collectively, the “Agents”) and Bank of Montreal, Crédit Agricole Corporate and Investment Bank, KeyBanc Capital Markets

NOVAVAX, INC. Common Stock (par value $0.01 per share) AT MARKET ISSUANCE SALES AGREEMENT
At Market Issuance Sales Agreement • November 10th, 2020 • Novavax Inc • Biological products, (no disgnostic substances) • New York
AT MARKET ISSUANCE SALES AGREEMENT
At Market Issuance Sales Agreement • May 18th, 2020 • Novavax Inc • Biological products, (no disgnostic substances) • New York
Hannon Armstrong Sustainable Infrastructure Capital, Inc. Common Stock ($0.01 par value) AT MARKET ISSUANCE SALES AGREEMENT
At Market Issuance Sales Agreement • May 13th, 2020 • Hannon Armstrong Sustainable Infrastructure Capital, Inc. • Real estate investment trusts • New York
SUMMIT HOTEL PROPERTIES, INC. Common Stock ($0.01 par value per share) At Market Issuance Sales Agreement
At Market Issuance Sales Agreement • February 28th, 2013 • Summit Hotel Properties, Inc. • Real estate investment trusts • New York
THE EXONE COMPANY Common Stock (par value $0.01 per share) At Market Issuance Sales Agreement
At Market Issuance Sales Agreement • January 11th, 2016 • ExOne Co • Printing trades machinery & equipment • New York

The ExOne Company, a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with FBR Capital Markets & Co. (“FBR”) and MLV & Co. LLC (“MLV”, each of FBR and MLV individually a “Distribution Agent” and collectively the “Distribution Agents”) as follows:

CNB FINANCIAL CORPORATION Up to $40,000,000 of Common Stock, no par value At Market Issuance Sales Agreement
At Market Issuance Sales Agreement • November 13th, 2019 • CNB Financial Corp/Pa • State commercial banks • New York

CNB Financial Corporation, a Pennsylvania corporation (the “Company”), confirms its agreement (this “Agreement”) with Keefe, Bruyette & Woods, Inc. (“KBW” or the “Distribution Agent”) as follows:

At Market Issuance Sales Agreement
At Market Issuance Sales Agreement • January 11th, 2023 • Umh Properties, Inc. • Real estate investment trusts • New York
Common Stock
At Market Issuance Sales Agreement • July 17th, 2020

We have entered into an At Market Issuance Sales Agreement, or sales agreement, with Oppenheimer & Co. Inc. (the “Agent”), relating to the sale of shares of our common stock offered by this prospectus supplement and the accompanying prospectus. In accordance with the terms of the sales agreement, we may offer and sell shares of our common stock having an aggregate offering price of up to $15.0 million from time to time through the Agent acting as our sales agent, at our discretion.

PROSPECTUS SUPPLEMENT (to the Prospectus dated February 11, 2021)
At Market Issuance Sales Agreement • October 26th, 2021

We have previously entered into an At Market Issuance Sales Agreement, or the Sales Agreement, with B. Riley Securities, Inc., or B. Riley, relating to the offer and sale of shares of our Common Stock, par value $0.0001 per share, offered by this prospectus supplement through or to B. Riley as our agent or principal. In accordance with the terms of the Sales Agreement, under this prospectus supplement we may offer and sell shares of our Common Stock having an aggregate offering price of up to $48,537,500.

At Market Issuance Sales Agreement
At Market Issuance Sales Agreement • May 30th, 2017 • Adcare Health Systems, Inc • Services-skilled nursing care facilities • New York
Contract
At Market Issuance Sales Agreement • December 18th, 2018 • B. Riley Financial, Inc. • Services-business services, nec • New York
GREENIDGE GENERATION HOLDINGS INC. COMMON STOCK At Market Issuance Sales Agreement
At Market Issuance Sales Agreement • September 19th, 2022 • Greenidge Generation Holdings Inc. • Services-computer processing & data preparation • New York
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AMENDMENT NO. 1 TO AT MARKET ISSUANCE SALES AGREEMENT
At Market Issuance Sales Agreement • March 7th, 2024 • Cherry Hill Mortgage Investment Corp • Real estate investment trusts

Cherry Hill Mortgage Investment Corporation (the “Company”) and JMP Securities LLC (the “Agent”) are parties to that certain At Market Issuance Sales Agreement, dated August 31, 2018 (the “Original Agreement”). All capitalized terms not defined in this Amendment No. 1 to At Market Issuance Sales Agreement (this “Amendment”) shall have the meanings ascribed to them in the Original Agreement. The parties, intending to be legally bound, hereby amend the Original Agreement as follows:

AETERNA ZENTARIS INC. Common Shares At Market Issuance Sales Agreement
At Market Issuance Sales Agreement • April 28th, 2017 • Aeterna Zentaris Inc. • Pharmaceutical preparations • New York

Aeterna Zentaris Inc. (the “Company”), a corporation formed under the Canada Business Corporations Act (the “CBCA”), confirms its agreement (this “Agreement”) with H.C. Wainwright & Co., LLC (“Wainwright”), as follows:

HORIZON TECHNOLOGY FINANCE CORPORATION Common Stock (par value $0.001 per share) At Market Issuance Sales Agreement
At Market Issuance Sales Agreement • September 22nd, 2023 • Horizon Technology Finance Corp • New York

Each of Horizon Technology Finance Corporation, a Delaware corporation (the “Company”), and Horizon Technology Finance Management LLC, a Delaware limited liability company (the “Adviser”), registered as an investment adviser under the Investment Advisers Act of 1940, as amended, and the rules and regulations thereunder (the “Advisers Act”), confirms its agreement (this “Agreement”) with Goldman Sachs & Co. LLC and B. Riley Securities, Inc. (each individually an “Agent” and collectively, the “Agents”), as follows:

Prospectus Supplement (To Prospectus dated May 15, 2018)
At Market Issuance Sales Agreement • February 4th, 2021 • New York

We have entered into an At Market Issuance Sales Agreement, dated August 5, 2016, with B. Riley Securities, Inc. (formerly known as B. Riley FBR, Inc.) or B. Riley, as amended by amendment no. 1, dated May 7, 2018, to the At Market Issuance Sales Agreement (as so amended, the “sales agreement”) relating to the sale of shares of our common stock offered by this prospectus supplement and the accompanying base prospectus. In accordance with the terms of the sales agreement, under this prospectus supplement and accompanying base prospectus we may offer and sell shares of our common stock, having an aggregate offering price of up to $3,258,344 from time to time through or directly to B. Riley, acting as sales agent or principal. As of the date of this prospectus supplement, we have sold an aggregate of 32,574,188 shares of our common stock (on a post 2018 split basis) having an aggregate offering price of $30,348,066 under the sales agreement with B. Riley.

Amendment No. 1 to At Market Issuance Sales Agreement
At Market Issuance Sales Agreement • May 7th, 2015 • Aveo Pharmaceuticals Inc • Pharmaceutical preparations • New York
CYPRESS ENERGY PARTNERS, L.P. Common Units Representing Limited Partner Interests At Market Issuance Sales Agreement
At Market Issuance Sales Agreement • April 5th, 2019 • Cypress Energy Partners, L.P. • Oil & gas field services, nec • New York
BLUEROCK RESIDENTIAL GROWTH REIT, INC. Class A Common Stock (par value $0.01 per share) At Market Issuance Sales Agreement
At Market Issuance Sales Agreement • September 13th, 2019 • Bluerock Residential Growth REIT, Inc. • Real estate investment trusts • New York
AMENDMENT NO. 3 TO AT MARKET ISSUANCE SALES AGREEMENT
At Market Issuance Sales Agreement • August 9th, 2024 • Cherry Hill Mortgage Investment Corp • Real estate investment trusts

Reference is made to that certain At Market Issuance Sales Agreement, dated August 31, 2018 (the “Original Agreement”), by and between Cherry Hill Mortgage Investment Corporation (the “Company”) and Citizens JMP Securities, LLC (formerly known as JMP Securities LLC, the “Agent”), as amended by Amendment No. 1, dated August 25, 2021 (“Amendment No. 1”), and Amendment No. 2, dated November 4, 2022 (“Amendment No. 2” and, together with Amendment No. 1 and the Original Agreement, the “Agreement”), pursuant to which the Company agreed to sell through the Agent shares of common stock, par value $0.01 per share, of the Company not exceeding the Maximum Amount. All capitalized terms used in this Amendment No. 3 to At Market Issuance Sales Agreement (this “Amendment”) and not otherwise defined herein shall have the respective meanings ascribed to such terms in the Agreement.

PEDEVCO Corp. Common Stock (par value $0.001 per share) At Market Issuance Sales Agreement
At Market Issuance Sales Agreement • September 29th, 2016 • Pedevco Corp • Crude petroleum & natural gas • New York

PEDEVCO Corp., a Texas corporation (the “Company”), confirms its agreement (this “Agreement”) with National Securities Corporation (“NSC”), as follows:

AMENDMENT NO. 1 TO AT MARKET ISSUANCE SALES AGREEMENT
At Market Issuance Sales Agreement • June 2nd, 2020 • Eagle Point Income Co Inc.

This Amendment No. 1 (this “Amendment”) to that certain At Market Issuance Sales Agreement, dated as of November 22, 2019 (the “Original Agreement”), by and among Eagle Point Income Company Inc., a Delaware corporation (the “Company”), Eagle Point Income Management LLC, a Delaware limited liability company (the “Investment Adviser”), and Eagle Point Administration LLC, a Delaware limited liability company (the “Administrator”), and B. Riley FBR, Inc., (“BRFBR”) and National Securities Corporation (“National,” each a “Placement Agent” and collectively, the “Placement Agents”), is entered into as of June 1, 2020, by and among the Company, the Investment Adviser, the Administrator and the Placement Agents. Capitalized terms used but not defined herein shall have the meanings assigned to them in the Original Agreement.

Amendment No. 1 to the At Market Issuance Sales Agreement
At Market Issuance Sales Agreement • March 1st, 2021 • Hannon Armstrong Sustainable Infrastructure Capital, Inc. • Real estate investment trusts • New York
LAKELAND BANCORP, INC. Up to $50,000,000 of Common Stock (no par value per share) At Market Issuance Sales Agreement
At Market Issuance Sales Agreement • December 9th, 2016 • Lakeland Bancorp Inc • State commercial banks • New York

Lakeland Bancorp, Inc., a New Jersey corporation (the “Company”), confirms its agreement (this “Agreement”), with Keefe, Bruyette & Woods, Inc. (“KBW” or the “Distribution Agent”) as follows:

AMENDMENT NO. 1 TO AT MARKET ISSUANCE SALES AGREEMENT
At Market Issuance Sales Agreement • November 8th, 2017 • Prana Biotechnology LTD • Pharmaceutical preparations • New York

Prana Biotechnology Ltd (the “Company”), B. Riley FBR, Inc. (successor by merger to FBR Capital Markets & Co.) (“B. Riley FBR”) and JonesTrading Institutional Services LLC (“JonesTrading” and together with B. Riley FBR, the “Agents”) are parties to that certain At Market Issuance Sales Agreement dated October 13, 2016 (the “Original Agreement”). All capitalized terms not defined herein shall have the meanings ascribed to them in the Original Agreement. The parties, intending to be legally bound, hereby amend the Original Agreement as follows (to be effective as set forth in paragraph 6 below):

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