Capital on Demand™ Sales Agreement Sample Contracts

AMENDMENT NO. 6 TO Capital on Demand™ SALES AGREEMENT
Capital on Demand™ Sales Agreement • June 28th, 2019 • ARCA Biopharma, Inc. • In vitro & in vivo diagnostic substances • New York

ARCA biopharma, Inc., a Delaware corporation (the “Company”), and JonesTrading Institutional Services LLC (the “Agent”), are parties to that certain Capital on Demand™ Sales Agreement dated January 11, 2017, as amended on August 21, 2017, January 25, 2019, March 11, 2019, May 9, 2019 and May 20, 2019 (together, 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 pursuant to the terms of this amendment No. 6 to the Original Agreement (this “Amendment No. 6”) as follows:

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AMENDMENT NO. 1 TO Capital on Demand™ SALES AGREEMENT
Capital on Demand™ Sales Agreement • November 5th, 2019 • Tracon Pharmaceuticals, Inc. • Biological products, (no disgnostic substances) • New York

TRACON Pharmaceuticals, Inc. (the “Company”), and JonesTrading Institutional Services LLC (“JonesTrading”), are parties to that certain Capital on DemandTM Sales Agreement dated September 6, 2018 (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):

AMENDMENT NO. 2 TO CAPITAL ON DEMAND™ SALES AGREEMENT
Capital on Demand™ Sales Agreement • November 12th, 2019 • OVERSTOCK.COM, Inc • Retail-catalog & mail-order houses • New York

Overstock.com, Inc. (the “Company”) and JonesTrading Institutional Services LLC (the “Agent”) are parties to that certain Capital on Demand™ Sales Agreement dated August 9, 2018, as amended on March 15, 2019 (together, 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 pursuant to the terms of this amendment No. 2 to the Original Agreement (this “Amendment No. 2”) as follows:

AMENDMENT NO. 1 TO Capital on Demand™ SALES AGREEMENT
Capital on Demand™ Sales Agreement • April 6th, 2021 • ARCA Biopharma, Inc. • In vitro & in vivo diagnostic substances • New York

ARCA biopharma, Inc., a Delaware corporation (the “Company”), together with JonesTrading Institutional Services, Inc. (the “Agent”), are parties to that certain Capital on DemandTM Sales Agreement dated July 22, 2020 (the “Original Agreement”). All capitalized terms not defined herein shall have the meanings ascribed to them in the Original Agreement. The Company and the Agent desire to amend the Original Agreement as set forth in this Amendment No. 1 thereto (this “Amendment) as follows:

AMENDMENT NO. 1 TO CAPITAL ON DEMAND™ SALES AGREEMENT
Capital on Demand™ Sales Agreement • August 21st, 2017 • ARCA Biopharma, Inc. • In vitro & in vivo diagnostic substances • New York

ARCA biopharma, Inc., a Delaware corporation (the “Company”), and JonesTrading Institutional Services LLC (the “Agent”), are parties to that certain Capital on Demand™ Sales Agreement dated January 11, 2017 (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 pursuant to the terms of this amendment No. 1 to the Original Agreement (this “Amendment No. 1”) as follows (to be effective as set forth in paragraph 4 below):

AMENDMENT NO. 7 TO Capital on Demand™ SALES AGREEMENT
Capital on Demand™ Sales Agreement • July 2nd, 2020 • ARCA Biopharma, Inc. • In vitro & in vivo diagnostic substances • New York

ARCA biopharma, Inc., a Delaware corporation (the “Company”), and JonesTrading Institutional Services LLC (the “Agent”), are parties to that certain Capital on Demand™ Sales Agreement dated January 11, 2017, as amended on August 21, 2017, January 25, 2019, March 11, 2019, May 9, 2019, May 20, 2019 and June 28, 2019 (together, 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 pursuant to the terms of this amendment No. 7 to the Original Agreement (this “Amendment No. 7”) as follows:

Amendment No. 1 to Capital on Demand™ Sales Agreement
Capital on Demand™ Sales Agreement • November 26th, 2014 • RAIT Financial Trust • Real estate investment trusts • New York

RAIT Financial Trust, a Maryland real estate investment trust (the “Company”), RAIT Partnership, L.P., a Delaware limited partnership (the “Partnership”), and JonesTrading Institutional Services LLC (the “Agent”), are parties to that certain Capital on Demand™ Sales Agreement dated November 21, 2012 (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:

AMENDMENT NO. 8 TO Capital on Demand™ SALES AGREEMENT
Capital on Demand™ Sales Agreement • July 14th, 2020 • ARCA Biopharma, Inc. • In vitro & in vivo diagnostic substances • New York

ARCA biopharma, Inc., a Delaware corporation (the “Company”), and JonesTrading Institutional Services LLC (the “Agent”), are parties to that certain Capital on Demand™ Sales Agreement dated January 11, 2017, as amended on August 21, 2017, January 25, 2019, March 11, 2019, May 9, 2019, May 20, 2019, June 28, 2019 and July 2, 2020 (together, 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 pursuant to the terms of this amendment No. 8 to the Original Agreement (this “Amendment No. 8”) as follows:

AMENDMENT NO. 2 TO Capital on Demand™ SALES AGREEMENT
Capital on Demand™ Sales Agreement • January 25th, 2019 • ARCA Biopharma, Inc. • In vitro & in vivo diagnostic substances • New York

ARCA biopharma, Inc., a Delaware corporation (the “Company”), and JonesTrading Institutional Services LLC (the “Agent”), are parties to that certain Capital on Demand™ Sales Agreement dated January 11, 2017, as amended on August 21, 2017 (together, 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 pursuant to the terms of this amendment No. 2 to the Original Agreement (this “Amendment No. 2”) as follows:

AMENDMENT NO. 1 TO CAPITAL ON DEMAND™ SALES AGREEMENT
Capital on Demand™ Sales Agreement • July 10th, 2017 • Preferred Apartment Communities Inc • Real estate investment trusts • New York

Preferred Apartment Communities, Inc. (the “Company”), and [Sales Agent], are parties to that certain Capital on DemandTM Sales Agreement dated May 4, 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:

AMENDMENT NO. 3 TO Capital on Demand™ SALES AGREEMENT
Capital on Demand™ Sales Agreement • March 11th, 2019 • ARCA Biopharma, Inc. • In vitro & in vivo diagnostic substances • New York

ARCA biopharma, Inc., a Delaware corporation (the “Company”), and JonesTrading Institutional Services LLC (the “Agent”), are parties to that certain Capital on Demand™ Sales Agreement dated January 11, 2017, as amended on August 21, 2017 and January 25, 2019 (together, 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 pursuant to the terms of this amendment No. 3 to the Original Agreement (this “Amendment No. 3”) as follows:

AMENDMENT NO. 3 TO Capital on Demand™ SALES AGREEMENT
Capital on Demand™ Sales Agreement • April 10th, 2020 • OVERSTOCK.COM, Inc • Retail-catalog & mail-order houses • New York

Overstock.com, Inc. (the “Company”) and JonesTrading Institutional Services LLC (the “Agent”) are parties to that certain Capital on Demand™ Sales Agreement dated August 9, 2018, as amended on March 15, 2019 and November 12, 2019 (together, 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 pursuant to the terms of this amendment No. 3 to the Original Agreement (this “Amendment No. 3”) as follows:

AMENDMENT NO. 1 TO CAPITAL ON DEMAND™ SALES AGREEMENT
Capital on Demand™ Sales Agreement • March 13th, 2020 • OVERSTOCK.COM, Inc • Retail-catalog & mail-order houses • New York

Overstock.com, Inc. (the "Company") and JonesTrading Institutional Services LLC (the "Agent") are parties to that certain Capital on Demand™ Sales Agreement dated August 9, 2018 (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:

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