Common Stock Sales Agreement Sample Contracts

MacroGenics, Inc. $100,000,000 Common Stock SALES AGREEMENT
Common Stock Sales Agreement • March 15th, 2023 • Macrogenics Inc • Pharmaceutical preparations • New York

MacroGenics, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Cowen and Company, LLC (“Cowen”), as follows:

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aTyr Pharma, INC. cOMMON STOCK SALES AGREEMENT
Common Stock Sales Agreement • May 22nd, 2019 • aTYR PHARMA INC • Biological products, (no disgnostic substances) • New York
Blueprint Medicines Corporation Common Stock SALES AGREEMENT ​
Common Stock Sales Agreement • July 31st, 2020 • Blueprint Medicines Corp • Pharmaceutical preparations • New York

Blueprint Medicines Corporation, a Delaware Corporation (the “Company”), confirms its agreement (this “Agreement”) with Cowen and Company, LLC (“Cowen”), as follows:

Edgewise Therapeutics, Inc. Common stock SALES AGREEMENT
Common Stock Sales Agreement • May 10th, 2024 • Edgewise Therapeutics, Inc. • Pharmaceutical preparations • New York

Edgewise Therapeutics, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Leerink Partners LLC (“Leerink Partners”), as follows:

AMENDMENT NO. 2 TO COMMON STOCK SALES AGREEMENT
Common Stock Sales Agreement • August 11th, 2020 • Aethlon Medical Inc • Surgical & medical instruments & apparatus • New York

Aethlon Medical, Inc. (the “Company”) and H.C. Wainwright & Co., LLC (“HCW”) are parties to that certain Common Stock Sales Agreement dated June 28, 2016, as amended on August 5, 2019 (the “Amended Original Agreement”). All capitalized terms not defined herein shall have the meanings ascribed to them in the Amended Original Agreement. The parties, intending to be legally bound, hereby amend the Amended Original Agreement as follows:

AKERNA Corp. common stock sales agreement
Common Stock Sales Agreement • September 28th, 2022 • Akerna Corp. • Services-computer processing & data preparation • New York

Akerna Corp., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with A.G.P./Alliance Global Partners (the “Sales Agent”), as follows:

BAUDAX BIO, INC. $25,000,000 cOMMON sTOCK SALES AGREEMENT
Common Stock Sales Agreement • February 13th, 2020 • Baudax Bio, Inc. • Services-misc health & allied services, nec • New York
AMENDMENT NO. 1 TO COMMON STOCK SALES AGREEMENT
Common Stock Sales Agreement • August 27th, 2018 • Dare Bioscience, Inc. • Pharmaceutical preparations • New York

Daré Bioscience, Inc. (the “Company”) and H.C. Wainwright & Co. LLC (“HCW”) are parties to that certain Common Stock Sales Agreement dated January 4, 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:

HEAT BIOLOGICS, INC. Shares of Common Stock (par value $0.0002 per share) Common Stock Sales Agreement
Common Stock Sales Agreement • January 19th, 2018 • Heat Biologics, Inc. • Pharmaceutical preparations • New York

Heat Biologics, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with H.C. Wainwright & Co., LLC (the “Agent”), as follows:

AMENDMENT NO. 1 TO COMMON STOCK SALES AGREEMENT
Common Stock Sales Agreement • June 29th, 2018 • Savara Inc • Pharmaceutical preparations • New York

Savara, Inc. (the “Company”) and H.C. Wainwright & Co. LLC (“HCW”) are parties to that certain Common Stock Sales Agreement dated April 28, 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 as follows:

IMPAC MORTGAGE HOLDINGS, INC. 7,500,000 Shares of Common Stock (par value $0.01 per share) COMMON STOCK SALES AGREEMENT
Common Stock Sales Agreement • October 3rd, 2005 • Impac Mortgage Holdings Inc • Real estate investment trusts • New York
AMENDMENT NO. 1 TO COMMON STOCK SALES AGREEMENT
Common Stock Sales Agreement • June 18th, 2019 • aTYR PHARMA INC • Biological products, (no disgnostic substances) • New York

aTyr Pharma, Inc. (the “Company”) and H.C. Wainwright & Co., LLC (the “Agent”) are parties to that certain Common Stock Sales Agreement dated May 21, 2019 (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. 1 TO COMMON STOCK SALES AGREEMENT
Common Stock Sales Agreement • July 19th, 2019 • CASI Pharmaceuticals, Inc. • Biological products, (no disgnostic substances) • New York

CASI Pharmaceuticals, Inc.(the “Company”) and H.C. Wainwright & Co., LLC (“HCW”) are parties to that certain Common Stock Sales Agreement dated February 23, 2018 (the “Original Agreement”). All capitalized terms not defined herein shall have the meanings ascribed to them in the Original Agreement.

AMENDMENT NO. 1 TO common stock SALES AGREEMENT
Common Stock Sales Agreement • August 12th, 2019 • Aethlon Medical Inc • Laboratory analytical instruments • New York

Aethlon Medical, Inc. (the “Company”) and H.C. Wainwright & Co. LLC (“HCW”) are parties to that certain Common Stock Sales Agreement dated June 28, 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. 1 TO COMMON STOCK SALES AGREEMENT ​
Common Stock Sales Agreement • March 10th, 2021 • XOMA Corp • Pharmaceutical preparations • New York

XOMA Corporation, a Delaware corporation (the “Company”), together with H.C. Wainwright & Co., Inc. (the “Agent”), are parties to that certain Common Stock Sales Agreement dated December 18, 2018 (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 (to be effective as set forth in paragraph 5 below):

AMENDMENT NO. 1 TO COMMON STOCK SALES AGREEMENT
Common Stock Sales Agreement • December 31st, 2020 • Trevena Inc • Pharmaceutical preparations • New York

Trevena, Inc. (the “Company”) and H.C. Wainwright & Co., LLC (“HCW”) are parties to that certain Common Stock Sales Agreement dated April 17, 2019 (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. 1 TO COMMON STOCK SALES AGREEMENT
Common Stock Sales Agreement • August 23rd, 2023 • Eos Energy Enterprises, Inc. • Miscellaneous electrical machinery, equipment & supplies

THIS AMENDMENT NO. 1 (the “Amendment”), dated as of August 23, 2023, to the Common Stock Sales Agreement dated as of August 5, 2022 (the “Original Agreement”), by and between Eos Energy Enterprises, Inc. (the “Company”) and Cowen and Company, LLC (“Cowen” and, together with the Company, the “Parties”), is being executed at the direction of the Parties. Capitalized terms not otherwise defined herein shall have the meaning assigned to them in the Original Agreement. The Parties desire to amend the Original Agreement as set forth in this Amendment as follows:

VIVEVE MEDICAL, INC. $6,760,000 COMMON STOCK SALES AGREEMENT
Common Stock Sales Agreement • August 16th, 2019 • Viveve Medical, Inc. • Electromedical & electrotherapeutic apparatus • New York

Viveve Medical, Inc. (the “Company”), confirms its agreement (this “Agreement”) with Ladenburg Thalmann & Co. Inc. (“Ladenburg”), as follows:

DICERNA PHARMACEUTICALS, INC. COMMON STOCK SALES AGREEMENT
Common Stock Sales Agreement • May 6th, 2021 • Dicerna Pharmaceuticals Inc • Pharmaceutical preparations • New York

Dicerna Pharmaceuticals, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Cowen and Company, LLC (“Cowen”), as follows:

Class A Common Stock
Common Stock Sales Agreement • August 12th, 2020 • New York

This summary highlights selected information contained elsewhere in this prospectus or incorporated by reference herein and does not contain all of the information that you need to consider in making your investment decision. You should carefully read the entire prospectus, the applicable prospectus supplement and any related free writing prospectus, including the risks of investing in our securities discussed under the heading "Risk Factors" contained in this prospectus, the applicable prospectus supplement and any related free writing prospectus, and under similar headings in the other documents that are incorporated by reference into this prospectus. You should also carefully read the information incorporated by reference into this prospectus, including our financial statements and related notes, and the exhibits to the registration statement of which this prospectus is a part, before making your investment decision.

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AMENDMENT NO. 1 TO COMMON STOCK SALES AGREEMENT
Common Stock Sales Agreement • August 2nd, 2018 • Caladrius Biosciences, Inc. • Services-misc health & allied services, nec • New York

Caladrius Biosciences, Inc. (the “Company”) and H.C. Wainwright & Co. LLC (“HCW”) are parties to that certain Common Stock Sales Agreement dated February 8, 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:

COMMON STOCK SALES AGREEMENT
Common Stock Sales Agreement • January 5th, 2018 • Us Energy Corp • Crude petroleum & natural gas • New York
AMENDMENT NO. 2 TO COMMON STOCK SALES AGREEMENT
Common Stock Sales Agreement • November 13th, 2020 • aTYR PHARMA INC • Biological products, (no disgnostic substances) • New York

aTyr Pharma, Inc. (the “Company”) and H.C. Wainwright & Co., LLC (the “Agent”) are parties to that certain Common Stock Sales Agreement dated May 21, 2019, as amended on June 18, 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:

PROSPECTUS SUPPLEMENT Filed Pursuant to Rule 424(b)(5)
Common Stock Sales Agreement • October 11th, 2022

Capricor Therapeutics, Inc. has entered into a Common Stock Sales Agreement, or the Sales Agreement, with H.C. Wainwright & Co. LLC, or Wainwright, relating to the sale of shares of our common stock, par value $0.001 per share, offered by this prospectus supplement. 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 $5,000,000 from time to time through Wainwright acting as agent.

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