Attached files

file filename
EX-32.1 - EXHIBIT 32.1 - Avinger Incex_174906.htm
EX-31.2 - EXHIBIT 31.2 - Avinger Incex_174905.htm
EX-31.1 - EXHIBIT 31.1 - Avinger Incex_174904.htm
EX-23.1 - EXHIBIT 23.1 - Avinger Incex_174903.htm
EX-10.44 - EXHIBIT 10.44 - Avinger Incex_175490.htm
EX-10.43 - EXHIBIT 10.43 - Avinger Incex_175489.htm
EX-10.42 - EXHIBIT 10.42 - Avinger Incex_175488.htm
EX-10.41 - EXHIBIT 10.41 - Avinger Incex_175486.htm
EX-4.5 - EXHIBIT 4.5 - Avinger Incex_175484.htm
10-K - FORM 10-K - Avinger Incavgr20191231_10k.htm

Exhibit 10.40

 

 

AMENDMENT NO. 1 TO AMENDED AND RESTATED OFFICER AND DIRECTOR SHARE PURCHASE PLAN

 

WHEREAS, on August 22, 2018, Avinger, Inc. (the “Company”) adopted an Officer and Director Share Purchase Plan, which plan was amended and restated on August 28, 2019 (the “Plan”); and

WHEREAS, the Company wishes to amend the Plan to increase the number of shares of the Company’s Common Stock reserved for issuance thereunder, effective as of the date hereof (the “Effective Date”).

 

The Plan is hereby amended as of the Effective Date as follows:

 

Amendments to Plan.

 

Section 4.1 of the Plan is hereby amended and restated to read in its entirety as follows:

 

“4.1 Subject to adjustment as provided in Section 4.2, the total number of Shares available for issuance under the Plan shall equal one hundred eighty-five thousand (185,000). Shares granted under the Plan may be either authorized but unissued Shares or treasury Shares.”

 

Effect of this Amendment. Except as expressly amended hereby, the Plan shall continue in full force and effect in accordance with the provisions thereof.

 

(signature page follows)

 

 

 

 

IN WITNESS WHEREOF, the Company, by its duly authorized officer, has executed this Amendment No. 1 to Amended and Restated Officer and Director Share Purchase Plan on the date indicated below.

 

 

 

AVINGER, INC. 

 

 

 

 

 

Date: March 2, 2020 

By:

/s/ Jeffrey M. Soinski

 

 

 

Jeffrey M. Soinski 

 

 

 

President and Chief Executive Officer