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Exhibit 10.1
H.C. Wainwright & Co., LLC
430 Park Avenue, 4th Floor
New York, New York 10022
March 14, 2017
Ladies and Gentlemen:
Pursuant to the terms and subject to the conditions contained in the at the Market Offering Sales Agreement between Anthera Pharmaceuticals, Inc. (the Company), and H.C. Wainwright & Co., LLC (Wainwright) dated April 21, 2016 (the Agreement), the Company and Wainwright agree that the Agreement is hereby amended so that the aggregate offering price of shares of Common Stock subject to the Agreement pursuant to Section 1 thereof shall be $23,000,000.
Other than as set forth above the Agreement remains in full force and effect.
Capitalized terms used but not otherwise defined herein have the meanings set forth in the Agreement.
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If the foregoing correctly sets forth the understanding between the Company and Wainwright, please so indicate in the space provided below for that purpose, whereupon this letter shall constitute a binding agreement between the Company and Wainwright.
Very truly yours, | ||
H.C. WAINWRIGHT & CO., LLC | ||
By: | /s/ Edward D. Silvera | |
Name: | Edward D. Silvera | |
Title: | COO | |
ACCEPTED as of the date first-above written: | ||
ANTHERA PHARMACEUTICALS, INC. | ||
By: | /s/ May Liu | |
Name: | May Liu | |
Title: | Senior Vice President, Finance and Administration |