AMENDMENT NO. 1 TO AT-THE-MARKET EQUITY SALES AGREEMENTMarket Equity Sales Agreement • February 16th, 2016 • Discovery Laboratories Inc /De/ • Biological products, (no disgnostic substances) • New York
Discovery Laboratories, Inc., a Delaware corporation (the “Company”), and Stifel, Nicolaus & Company, Incorporated (“Stifel”), are parties to that certain At-the-Market Equity Offering Sales Agreement dated February 11, 2013 (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:
