Amendment to Purchase Agreement between Anthera Pharmaceuticals, Inc. and Lincoln Park Capital Fund, LLC

Contract Categories: Business Finance › Purchase Agreements
Summary

Anthera Pharmaceuticals, Inc. and Lincoln Park Capital Fund, LLC have agreed to amend their existing Purchase Agreement dated March 12, 2015. The amendment, effective July 8, 2015, changes the definition of 'Available Amount' to set the initial aggregate amount at $6,000,000, which will decrease as the Investor purchases shares of common stock. All other terms of the original agreement remain unchanged.

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EX-10.1 3 ex10_1.htm EXHIBIT 10.1 ex10_1.htm
Exhibit 10.1



 
 
Anthera Pharmaceuticals, Inc.
25801 Industrial Boulevard, Suite B
Hayward, California 94545


July 8, 2015

Lincoln Park Capital Fund, LLC
440 North Wells, Suite 410
Chicago, IL 60654

Dear Sirs:

Reference is made to that certain Purchase Agreement (the “Agreement”), dated as of March 12, 2015, by and between ANTHERA PHARMACEUTICALS, INC., a Delaware corporation, (the “Company”), and LINCOLN PARK CAPITAL FUND, LLC, an Illinois limited liability company (the “Investor”).  Capitalized terms used but not otherwise defined shall have the meanings set forth in the Purchase Agreement.
 
The Company and the Investor agree that effective as of the date hereof the Agreement is amended to replace Section 1(g) of the Agreement in its entirety as follows:
 
“(g)           “Available Amount” means initially Six Million Dollars ($6,000,000) in the aggregate, which amount shall be reduced by the Purchase Amount each time the Investor purchases shares of Common Stock pursuant to Section 2 hereof.”
 
 
  Very truly yours,  
     
 
ANTHERA PHARMACEUTICALS, INC.
  
       
       
       
 
By:
/s/ May Liu     
Acknowledged and agreed:
 
LINCOLN PARK CAPITAL FUND, LLC
BY: LINCOLN PARK CAPITAL, LLC
BY: ALEX NOAH INVESTORS, INC.
 
 
 
By:
/s/ Jonathan Cope