EX-1.3
from S-3
3 pages
Reference Is Made to the at the Market Offering Agreement, Dated as of April 8, 2020 (The “Atm Agreement”), Between Kindred Biosciences, Inc. (The “Company”) and H.C. Wainwright & Co., LLC (“Wainwright”). This Letter (This “Amendment No. 1”) Constitutes an Agreement Between the Company and Wainwright to Amend the Atm Agreement as Set Forth Herein. This Amendment No.1 Shall Be Effective on the Date of Effectiveness of the Company’s Shelf Registration Statement on Form S-3 Registering $150,000,000 of Securities of the Company and Filed on or About January 15, 2021 With the Commission (Such Date of Effectiveness, the “New Shelf Effectiveness Date”). Defined Terms That Are Used but Not Defined Herein Shall Have the Meanings Ascribed to Such Terms in the Atm Agreement. for Good and Valuable Consideration, the Receipt and Sufficiency of Which Is Hereby Acknowledged, the Company and Wainwright Hereby Agree to This Amendment No. 1 of the Atm Agreement as Set Forth Herein. 1.the Defined Term “Agreement” in the Atm Agreement Is Hereby Amended to Mean the Atm Agreement, as Amended by This Amendment No. 1. 2.the Defined Term “Prospectus Supplement” in the Atm Agreement Is Amended and Restated as Follows
12/34/56