Amendment to Cancellation Agreement, dated November 7, 2019, between Ampio Pharmaceuticals Inc. and Daniel Stokely

EX-10.4 2 ampe-20190930ex104d90a64.htm EX-10.4 ampe_Ex10_4

Exhibit 10.4


November 7, 2019



Dear Mr. Stokely,


Reference is made to that Stock Option Cancellation and Grant Agreement for Executive, dated August 20, 2019, between Ampio Pharmaceuticals, Inc. (the “Company”) and yourself (the “Agreement”).  Capitalized terms used herein and not defined shall have the meanings given them in the Agreement.


Whereas, the Agreement contained an administrative error in Section 6 (Vesting).


Now, therefore, in consideration of the mutual promises made by the parties and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:


1. Amendment


The table included in Section 6 (Vesting) is hereby amended and restated in its entirety as follows:





Vested Percentage of Award

Grant Date


July 31, 2020



2. No Other Amendment.  Except as expressly provided herein, all of the terms and conditions of the Agreement remain unchanged and in full force and effect.


3. Governing Law.  This letter agreement will be governed by the laws of the State of Delaware without regard to conflicts of law principles.


If you are in agreement with the foregoing, please acknowledge by your signature below and return a signed copy of this letter to my attention.







Very truly yours,












/s/ Michael Macaluso



Michael Macaluso, Chief Executive Officer







Acknowledged and Agreed:









/s/ Dan Stokely



Daniel Stokely