Notice of Termination of Equity Distribution Agreement between Hemispherx Biopharma, Inc. and Chardan Capital Markets, LLC
Hemispherx Biopharma, Inc. has notified Chardan Capital Markets, LLC that it is terminating their Equity Distribution Agreement, originally dated December 15, 2015. The termination is effective immediately as of December 11, 2018, with Chardan waiving the usual ten-day notice period. This letter serves as formal notice of the agreement's end and confirms mutual consent to the immediate termination.
Exhibit 10.1
December 11, 2018
Via facsimile 646 ###-###-####
Mr. George Santana
Managing Director, Investment Banking
Chardan Capital Markets, LLC
17 State Street, Suite 1600
New York, NY 10004
| Re: | Notice of termination of Equity Distribution Agreement |
Dear George:
Pursuant to Section 11(b) of the Equity Distribution Agreement by and between Chardan Capital Markets, LLC (“Chardan”) and Hemispherx Biopharma, Inc. (the “Company”) dated December 15, 2015 (the “EDA”), the Company hereby notifies Chardan that it is terminating the EDA effective December 11, 2018, and Chardan has waived the contract ten (10) day notice.
| Sincerely, | |
| /s/ Thomas K Equels | |
| Thomas K. Equels, CEO |
| cc: | Anthony J. Marsico, Esq. |
| Mintz Levin Cohn Ferris Glovsky and Popeo PC | |
| Chrysler Center | |
| 666 Third Avenue | |
| New York, NY 10017 |
| Corporate Headquarters | |||
| 2117 SW Highway 484, Ocala FL 34473 | t: 407 ###-###-#### | f: 407 ###-###-#### | |
| Finance & Administration | |||
| 600 Main Street, Suite 2, Riverton NJ 08077 | t: 215 ###-###-#### | f: 215 ###-###-#### | |
| Manufacturing | |||
| 783 Jersey Ave, New Brunswick, NJ 08901 | www.hemispherx.net | t: 732 ###-###-#### | f: 732 ###-###-#### |
