At-the-Market Sales Agreement Sample Contracts

BARNES & NOBLE EDUCATION, INC. UP TO $40,000,000 OF COMMON STOCK (PAR VALUE $0.01 PER SHARE) AT-THE-MARKET SALES AGREEMENT
At-the-Market Sales Agreement • September 20th, 2024 • Barnes & Noble Education, Inc. • Retail-miscellaneous shopping goods stores • New York

Barnes & Noble Education, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with BTIG, LLC (“BTIG” and, together with the Company, the “Parties”), as follows:

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ARIDIS PHARMACEUTICALS, INC. Shares of Common Stock (par value $0.0001 per share) At-the-Market Sales Agreement
At-the-Market Sales Agreement • January 19th, 2022 • Aridis Pharmaceuticals, Inc. • Pharmaceutical preparations • New York

Aridis Pharmaceuticals, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Virtu Americas LLC (the “Agent”), as follows:

At-the-market SALES AGREEMENT
At-the-Market Sales Agreement • June 21st, 2023 • Chicago Atlantic Real Estate Finance, Inc. • Real estate investment trusts • New York

Chicago Atlantic Real Estate Finance, Inc., a Maryland corporation (the “Company”), and Chicago Atlantic REIT Manager, LLC, a Delaware limited liability company (the “Manager”), confirm their respective agreements (this “Agreement”) with [●] (in its capacity as sales agent for the Company “Agent” and, together with the Company, the “Parties”), as follows:

INMUNE BIO INC. UP TO $75,000,000 OF COMMON STOCK (par value $0.001 per share) AMENDED & RESTATED At-the-market SALES AGREEMENT
At-the-Market Sales Agreement • August 9th, 2024 • Inmune Bio, Inc. • Biological products, (no disgnostic substances) • New York

INmune Bio Inc., a Nevada corporation ( the “Company”), confirms its agreement (this “Agreement”) with RBC Capital Markets, LLC (“RBC”) and BTIG, LLC (“BTIG”), each as sales agent and/or principal (each, an “Agent” and together, the “Agents”) as follows. This Agreement amends and restates in its entirety that certain At-The-Market Sales Agreement, dated March 10, 2021, by and between the Company and BTIG, as amended.

Up to $8,978,437
At-the-Market Sales Agreement • November 19th, 2024

We have entered into an At-the-Market (ATM) Sales Agreement (the “Sales Agreement”) with A.G.P./Alliance Global Partners (“A.G.P.” or the “Sales Agent”) relating to shares of our common stock, par value $0.0001 per share. Under the Sales Agreement, we may offer and sell shares of our common stock having an aggregate offering price of up to $60,000,000 from time to time through the Sales Agent as our sales agent. Under the terms of the Sales Agreement, we may also sell shares to the Sales Agent as principal for its own account.

INMUNE BIO Inc. AMENDMENT NO. 1 TO At-the-market SALES AGREEMENT
At-the-Market Sales Agreement • August 16th, 2023 • Inmune Bio, Inc. • Biological products, (no disgnostic substances) • New York
PERSONALIS, INC. Shares of Common Stock ($0.0001 par value) AMENDMENT NO. 1 TO THE AT-THE-MARKET SALES AGREEMENT
At-the-Market Sales Agreement • December 21st, 2023 • Personalis, Inc. • Services-medical laboratories

Reference is made to the At-the-Market Sales Agreement, dated December 30, 2021 (the “Agreement”), by and between Personalis, Inc., a Delaware corporation (the “Company”), and BTIG, LLC (the “Agent”). Capitalized terms used but not defined herein shall have the meaning set forth in the Agreement. Pursuant to Section 16 of the Agreement, the Company and the Agent wish to amend the Agreement (this “Amendment”) as follows:

Outlook Therapeutics, Inc. F, Suite 320 Iselin, New Jersey 08830 Attention: Lawrence A. Kenyon, Chief Financial Officer Dear Mr. Kenyon:
At the Market Sales Agreement • April 12th, 2024 • Outlook Therapeutics, Inc. • Biological products, (no disgnostic substances)

Reference is made to the At The Market Sales Agreement, dated as of May 16, 2023 (the “Sales Agreement”), between Outlook Therapeutics, Inc. (the “Company”) and BTIG, LLC (“BTIG”). This letter (the “Amendment”) constitutes an agreement between the Company and BTIG to amend the Sales Agreement as set forth herein. Defined terms that are used but not defined herein shall have the meanings ascribed to such terms in the Sales Agreement.

We have entered into an At-the-Market Sales Agreement, or the Sales Agreement, with Virtu Americas LLC, or Virtu, relating to shares of our common stock, par value $0.001 per share, offered by this prospectus supplement and the accompanying...
At-the-Market Sales Agreement • May 27th, 2020

This prospectus is part of a registration statement we filed with the Securities and Exchange Commission, or the SEC, using a “shelf” registration process. Under this shelf registration process, we may, from time to time, offer and sell any combination of the securities described in this prospectus in one or more offerings. The aggregate initial offering price of all securities sold under this prospectus will not exceed $100,000,000.

SURO CAPITAL CORP. (a Maryland corporation) AMENDMENT NO. 2 TO AT-THE-MARKET SALES AGREEMENT
At-the-Market Sales Agreement • November 8th, 2024 • Suro Capital Corp.

This Amendment No. 2, dated November 8, 2024 (the “Amendment”), is to the At-the-Market Sales Agreement, dated July 29, 2019 (the “Sales Agreement”), by and among SuRo Capital Corp., a Maryland corporation (the “Company”), BTIG, LLC (“BTIG”), Citizens JMP Securities, LLC (formerly JMP Securities, LLC, and referred to as “JMP”) and Ladenburg Thalmann & Co. Inc. (“Ladenburg”).

INMUNE BIO Inc. AMENDMENT NO. 1 TO At-the-market SALES AGREEMENT
At-the-Market Sales Agreement • August 19th, 2020 • Inmune Bio, Inc. • Biological products, (no disgnostic substances) • New York
SURO CAPITAL CORP. (a Maryland corporation) AMENDMENT NO. 1 TO AT-THE-MARKET SALES AGREEMENT
At-the-Market Sales Agreement • September 23rd, 2020 • Suro Capital Corp.
CLAROS MORTGAGE TRUST, INC. UP TO $150 MILLION OF COMMON STOCK (par value $0.01 per share) AT-THE-MARKET SALES AGREEMENT
At-the-Market Sales Agreement • May 10th, 2024 • Claros Mortgage Trust, Inc. • Real estate • New York

Claros Mortgage Trust, Inc., a Maryland corporation (the “Company”) and Claros REIT Management LP, a Delaware limited partnership (the “Manager”) confirm their respective agreements (this “Agreement”) with BTIG, LLC, J.P. Morgan Securities LLC and Wells Fargo Securities LLC (each an “Agent,” collectively, the “Agents” and, together with the Company and the Manager, the “Parties”), as follows:

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