Amendment to Equity Distribution Agreement between xG Technology, Inc. and Roth Capital Partners, LLC
xG Technology, Inc. and Roth Capital Partners, LLC have agreed to amend their existing Equity Distribution Agreement dated November 18, 2014. The amendment reduces the maximum dollar amount of equity that can be distributed under the agreement from $10 million to $1 million. Roth acknowledges receipt and review of the updated prospectus reflecting this change. All other terms of the original agreement remain in effect.
Exhibit 10.1
December 29, 2014
Roth Capital Partners, LLC
888 San Clemente Drive
Newport Beach, CA 92660
Ladies and Gentlemen:
Reference is made to that certain Equity Distribution Agreement dated as of November 18, 2014, between xG Technology, Inc., a Delaware corporation (the “Company”), and Roth Capital Partners, LLC (“Roth”) (together, the Company and Roth may be referred to as “Parties”). All capitalized terms not defined herein shall have the meaning ascribed to them in the Agreement.
The Parties wish to amend the Agreement as follows:
Section 1 of the Agreement is hereby amended by substituting “One Million Dollars ($1,000,000)” for “Ten Million Dollars ($10,000,000).”
Further, the Company is hereby furnishing, and Roth hereby acknowledges having received and reviewed a copy of the amended prospectus that incorporates the changes to the Agreement pursuant to the Company’s obligations under Section 6(a) of the Agreement.
Very truly yours,
xG Technology, Inc.
By: /s/ Roger G. Branton
Its: Roger G. Branton, CFO
Received, acknowledged, and agreed:
Roth Capital Partners, LLC
By: /s/ Aaron Gurewitz
Its: Authorized Signatory
240 South Pineapple Avenue • Suite 701 • Sarasota, FL 34236 • 941 ###-###-#### • 941 ###-###-#### (F) • www.xGtechnology.com
