Side Letter to At Market Issuance Sales Agreement between BSQUARE Corporation and B. Riley Securities, Inc.
BSQUARE Corporation and B. Riley Securities, Inc. have agreed, via this side letter dated July 6, 2021, to clarify that their existing At Market Issuance Sales Agreement covers the sale of shares up to the maximum number or dollar amount registered under the effective Registration Statement, but not exceeding the number of authorized but unissued shares. All other terms of the original agreement remain unchanged. This letter is signed by both parties' authorized representatives.
Exhibit 10.1
BSQUARE CORPORATION
Side Letter
July 6, 2021
B. Riley Securities, Inc.
299 Park Avenue, 21st Floor
New York, NY 10171
Ladies and Gentlemen:
Reference is made to that certain At Market Issuance Sales Agreement dated April 2, 2021 (the “Agreement”) between B. Riley Securities, Inc. (the “Agent”) and BSQUARE Corporation (the “Company”). Capitalized terms have the meanings ascribed to them in the Agreement.
This letter is to confirm the understanding of the parties that the Agreement applies to the issuance and sale of Placement Shares up to that number of shares or dollar amount of Common Stock registered on the effective Registration Statement pursuant to which the offering is being made, which amount is the “Maximum Amount” (provided that in no event shall the aggregate number of Placement Shares sold pursuant to this Agreement exceed the number of authorized but unissued shares of Common Stock). All other terms and conditions of the Agreement remain in full force and effect.
Very truly yours,
BSQUARE CORPORATION
By: /s/ Ralph C. Derrickson
Name: Ralph C. Derrickson
Title: President and Chief Executive Officer
Acknowledged and Agreed:
B. RILEY SECURITIES, INC.
By: /s/ Patrice McNicoll
Name: Patrice McNicoll
Title: Co-Head of Investment Banking
