Address for Notices Any notice to be given to the Company under the terms of this Agreement will be addressed to the Company, in care of its General Counsel, at 0000 Xxxxxx Xxxx, Xxxxxxxxxx, XX 00000, or at such other address as the Company may hereafter designate in writing.
Address for Notice By:__________________________________________ Name: Title: With a copy to (which shall not constitute notice): Fax: E-mail: [PURCHASER SIGNATURE PAGES TO PHIO SECURITIES PURCHASE AGREEMENT] IN WITNESS WHEREOF, the undersigned have caused this Securities Purchase Agreement to be duly executed by their respective authorized signatories as of the date first indicated above. Name of Purchaser: ________________________________________________________ Signature of Authorized Signatory of Purchaser: _________________________________ Name of Authorized Signatory: _______________________________________________ Title of Authorized Signatory: ________________________________________________ Email Address of Authorized Signatory:_________________________________________ Facsimile Number of Authorized Signatory: ______________________________________ Address for Notice to Purchaser: Address for Delivery of Warrants to Purchaser (if not same as address for notice): DWAC for Shares: Subscription Amount: $_________________ Shares: _________________ Warrant Shares: __________________ EIN Number: ____________________ o Notwithstanding anything contained in this Agreement to the contrary, by checking this box (i) the obligations of the above-signed to purchase the securities set forth in this Agreement to be purchased from the Company by the above-signed, and the obligations of the Company to sell such securities to the above-signed, shall be unconditional and all conditions to Closing shall be disregarded, (ii) the Closing shall occur by the second (2nd) Trading Day following the date of this Agreement and (iii) any condition to Closing contemplated by this Agreement (but prior to being disregarded by clause (i) above) that required delivery by the Company or the above-signed of any agreement, instrument, certificate or the like or purchase price (as applicable) shall no longer be a condition and shall instead be an unconditional obligation of the Company or the above-signed (as applicable) to deliver such agreement, instrument, certificate or the like or purchase price (as applicable) to such other party on the Closing Date. Disclosure Schedules This Disclosure Schedule is made and given pursuant to Article 3 of the Securities Purchase Agreement, dated as of March 31, 2020 (the “Agreement”), between Phio Pharmaceuticals Corp., a Delaware corporation (the “Company”), and the Purchasers listed on the signature pages thereto. All capitalized terms used but not defined herein shall have the meanings as defined in the Agreement, unless otherwise provided. The section numbers below correspond to the section numbers of the representations and warranties in the Agreement. Nothing in this Disclosure Schedules is intended to broaden the scope of any representation or warranty contained in the Agreement or to create any covenant. Inclusion of any item in this Disclosure Schedules (1) does not represent a determination that such item is material or establish a standard of materiality, (2) does not represent a determination that such item did not arise in the ordinary course of business, (3) does not represent a determination that the transactions contemplated by the Agreement require the consent of third parties, and (4) shall not constitute, or be deemed to be, an admission to any third party concerning such item. This Disclosure Schedules includes brief descriptions or summaries of certain agreements and instruments, copies of which are available upon reasonable request. Schedule 3.1(a) MirImmune, LLC Schedule 3.1(g) Common outstanding: 2,867,851 Non-affiliate Common outstanding: 2,833,500 Schedule 3.1(i) None. Schedule 3.1(r) None Schedule 3.1(v) Registration Rights Agreement, dated August 8, 2017, by and between the Company and Lincoln Park Capital Fund, LLC. Registration Rights Agreement, dated August 7, 2019, by and between the Company and Lincoln Park Capital Fund, LLC. Schedule 3.1(aa) None. Schedule 4.7 Not applicable. The Company will be using the proceeds for working capital purposes.
Notice Addresses A notice, request, direction, consent, waiver or other communication must be addressed to the recipient at its address stated in Schedule B to the Sale and Servicing Agreement, which address the party may change by notifying the other party.
CERTAIN ADDRESSES FOR NOTICES Loan Parties: c/o The WhiteWave Foods Company 2700 Xxxxx Xxxxxxx Xxxxxx, Suite 3400 Dallas, Texas 75204 Telephone: (000) 000-0000 Fax: (000) 000-0000 Email: Xxxxx.Xxxxxxxxxxx@xxxxxxxxx.xxx; Xxxx_Xxxxxx@xxxxxxxxx.xxx Attn: General Counsel; Attn: Treasurer with a copy to: Xxxxxx Xxxxxx Xxxxxxxxx Xxxx and Xxxx LLP 1800 Xxxxxxxxxxxx Xxxxxx XX Xxxxxxxxxx, XX 00000 Xxxxxx Xxxx, Esq. Telephone: (000) 000-0000 Fax: (000) 000-0000 Email: Xxxxxx.Xxxx@xxxxxxxxxx.xxx Xxxxx Xxxxxxxx, Esq. Telephone: (000) 000-0000 Fax: (000) 000-0000 Email: Xxxxx.Xxxxxxxx@xxxxxxxxxx.xxx Administrative Agent: For operational notices (borrowings, payments, etc.) Credit Services 100 X Xxxxx Xx Mail Code: NC1-001-05-46 Chxxxxxxx, XX 00000-0000 Attention: Xxxxxxx Xxxxxxxxxx Telephone: 000-000-0000 Facsimile: 000-000-0000 Electronic Mail: xxxxxxx.x.xxxxxxxxxx@xxxx.xxx For all other Notices (Financial Statements, Compliance Certificates): Agency Management 1400 Xxxxxx Xxxxxx, 0xx Xxxxx Mail Code: CA5-701-05-19 Sax Xxxxxxxxx, XX 00000-0000 Attention: Xxxx Xxx Telephone: 000-000-0000 Facsimile: 000-000-0000 Electronic Mail: xxxx.xxx@xxxx.xxx Bank of America, N.A., as Swing Line Lender: Credit Services 100 X Xxxxx Xx Mail Code: NC1-001-05-46 Chxxxxxxx, XX 00000-0000 Attention: Xxxxxxx Xxxxxxxxxx Telephone: 000-000-0000 Facsimile: 000-000-0000 Electronic Mail: xxxxxxx.x.xxxxxxxxxx@xxxx.xxx Bank of America, N.A., as L/C Issuer: Trade Finance Services 1 Xxxxx Xxx Mail Code: PA6-580-02-30 Scxxxxxx, XX 00000 Attention: Xxxx X. Xxxxxx Telephone: 000-000-0000 Facsimile: 000-000-0000 Electronic Mail: xxxx.x.xxxxxx@xxxx.xxx Schedule 11.06(e) VOTING PARTICIPANTS AGFIRST FARM CREDIT BANK FARM CREDIT BANK OF TEXAS FARM CREDIT SERVICES OF MID AMERICA FLCA FCS AMERICA AMERICAN AGCREDIT, PCA UNITED FCS PCA dba FCS Commerical Finance Group 1st FCS (FARM CREDIT SERVICES OF MISSOURI) BADGERLAND FINANCIAL FC WEST AGSTAR FINANCIAL SERVICES, PCA FRONTIER FARM CREDIT, ACA AG CHOICE FARM CREDIT FCS FINANCIAL PCA YOSEMITE FARM CREDIT, ACA AG COUNTRY
