Common use of Rights and Obligations Survive Exercise of Warrant Clause in Contracts

Rights and Obligations Survive Exercise of Warrant. Unless otherwise provided herein, the rights and obligations of the Company, of the holder of this Warrant and of the holder of the Shares issued upon exercise of this Warrant, shall survive the exercise of this Warrant. Issued this day of 20 . By: Title: TO: BioCardia, Inc. Attention: President 1. The undersigned hereby elects to purchase Shares of pursuant to the terms of the attached Warrant. 2. Method of Exercise (Please initial the applicable blank): The undersigned elects to exercise the attached Warrant by means of a cash payment, and tenders herewith payment in full for the purchase price of the shares being purchased, together with all applicable transfer taxes, if any. The undersigned elects to exercise the attached Warrant by means of the net exercise provisions of Section 4 of the Warrant. 3. Please issue a certificate or certificates representing said Shares in the name of the undersigned or in such other name as is specified below: 4. The undersigned hereby represents and warrants that the aforesaid Shares are being acquired for the account of the undersigned for investment and not with a view to, or for resale, in connection with the distribution thereof, and that the undersigned has no present intention of distributing or reselling such shares, and all representations and warranties of the undersigned set forth in Section 10 of the attached Warrant (including Section 10 (e) thereof) are true and correct as of the date hereof.

Rights and Obligations Survive Exercise of Warrant. Unless otherwise provided herein, the rights and obligations of the Company, of the holder of this Warrant and of the holder of the Shares issued upon exercise of this Warrant, shall survive the exercise of this Warrant. Issued this day of 20 . /s/ Cxxxx Xxxxxxx By: Title: Cxxxx Xxxxxxx, President TO: BioCardiaKineta, Inc. 200 Xxxxx Xxxxxx Suite 200 Seattle, WA 98109 Attention: PresidentCEO 1. The undersigned hereby elects to purchase Shares __________ shares of non-voting common stock of Kineta, Inc. (the “Shares”) pursuant to the terms of the attached Warrant. 2. Method of Exercise (Please initial the applicable blank): The undersigned elects to exercise the attached Warrant by means of a cash payment, and tenders herewith payment in full for the purchase price of the shares being purchased, together with all applicable transfer taxes, if any. The undersigned elects to exercise the attached Warrant by means of the net exercise provisions of Section 4 of the Warrant. 3. Please issue a certificate or certificates representing said Shares in the name of the undersigned or in such other name as is specified below: 4. The undersigned hereby represents and warrants that the aforesaid Shares are being acquired for the account of the undersigned for investment and not with a view to, or for resale, resale in connection with with, the distribution thereof, and that the undersigned has no present intention of distributing or reselling such shares, shares and all representations and warranties of the undersigned set forth in Section 10 of the attached Warrant (including Section 10 (e10(e) thereof) are true and correct as of the date hereof.

Rights and Obligations Survive Exercise of Warrant. Unless otherwise provided herein, the rights and obligations of the Company, of the holder of this Warrant and of the holder of the Shares issued upon exercise of this Warrant, shall survive the exercise of this Warrant. Issued this day of 20 2009. By: Title: Xxxxxxx Xxxxxxxxxxxx TO: BioCardiaINOGEN, Inc. INC. Attention: President 1. The undersigned hereby elects to purchase Shares of pursuant to the terms of the attached Warrant. 2. Method of Exercise (Please initial the applicable blank): The undersigned elects to exercise the attached Warrant by means of a cash payment, and tenders herewith payment in full for the purchase price of the shares being purchased, together with all applicable transfer taxes, if any. The undersigned elects to exercise the attached Warrant by means of the net exercise provisions of Section 4 of the Warrant. 3. Please issue a certificate or certificates representing said Shares in the name of the undersigned or in such other name as is specified below: 4. The undersigned hereby represents and warrants that the aforesaid Shares are being acquired for the account of the undersigned for investment and not with a view to, or for resale, in connection with the distribution thereof, and that the undersigned has no present intention of distributing or reselling such shares, shares and all representations and warranties of the undersigned set forth in Section 10 of the attached Warrant (including Section 10 (e) thereof) are true and correct as of the date hereof.

Rights and Obligations Survive Exercise of Warrant. Unless otherwise provided herein, the rights and obligations of the Company, of the holder of this Warrant and of the holder of the Shares issued upon exercise of this Warrant, shall survive the exercise of this Warrant. Issued this day of 20 . /s/ Sxxxx Xxxxxxxx By: Title: Sxxxx Xxxxxxxx, CEO TO: BioCardiaKineta, Inc. 200 Xxxxx Xxxxxx Suite 200 Seattle, WA 98109 Attention: PresidentCEO 1. The undersigned hereby elects to purchase Shares ________ shares of non-voting common stock of Kineta, Inc. (the “Shares”) pursuant to the terms of the attached Warrant. 2. Method of Exercise (Please initial the applicable blank): The undersigned elects to exercise the attached Warrant by means of a cash payment, and tenders herewith payment in full for the purchase price of the shares being purchased, together with all applicable transfer taxes, if any. The undersigned elects to exercise the attached Warrant by means of the net exercise provisions of Section 4 of the Warrant. 3. Please issue a certificate or certificates representing said Shares in the name of the undersigned or in such other name as is specified below: 4. The undersigned hereby represents and warrants that the aforesaid Shares are being acquired for the account of the undersigned for investment and not with a view to, or for resale, resale in connection with with, the distribution thereof, and that the undersigned has no present intention of distributing or reselling such shares, shares and all representations and warranties of the undersigned set forth in Section 10 of the attached Warrant (including Section 10 (e10(e) thereof) are true and correct as of the date hereof.

Rights and Obligations Survive Exercise of Warrant. Unless otherwise provided herein, the rights and obligations of the Company, of the holder of this Warrant and of the holder of the Shares issued upon exercise of this Warrant, shall survive the exercise of this Warrant. Issued this 7th day of 20 December, 2004. /s/ Xxxxxxxxx Xxxxx By: Xxxxxxxxx Xxxxx Title: Sr. Director TO: BioCardiaACHAOGEN, Inc. INC. Attention: PresidentChief Scientific Officer 1. The undersigned hereby elects to purchase Shares of pursuant to the terms of the attached Warrant. 2. Method of Exercise (Please initial the applicable blank): The undersigned elects to exercise the attached Warrant by means of a cash payment, and tenders herewith payment in full for the purchase price of the shares being purchased, together with all applicable transfer taxes, if any. The undersigned elects to exercise the attached Warrant by means of the net exercise provisions of Section 4 of the Warrant. 3. Please issue a certificate or certificates representing said Shares in the name of the undersigned or in such other name as is specified below: 4. The undersigned hereby represents and warrants that the aforesaid Shares are being acquired for the account of the undersigned for investment and not with a view to, or for resale, in connection with the distribution thereof, and that the undersigned has no present intention of distributing or reselling such shares, shares and all representations and warranties of the undersigned set forth in Section 10 9 of the attached Warrant (including Section 10 (e9(e) thereof) are true and correct as of the date hereof.

Rights and Obligations Survive Exercise of Warrant. Unless otherwise provided herein, the rights and obligations of the Company, of the holder Holder of this Warrant and of the holder of the Shares issued upon exercise of this Warrant, shall survive the exercise of this Warrant. Issued this day of 20 . By: Title: TO: BioCardiaAccurexa Inc. 113 Xxxxxxxxx Xxxxxxxx, Inc. XX 00000 Attention: President 1. The undersigned hereby elects to purchase Shares shares of Common Stock of Accurexa Inc. (the “Shares”) pursuant to the terms of the attached Warrant. 2. Method of Exercise (Please initial the applicable blank): The undersigned elects to exercise the attached Warrant by means of a cash payment, and tenders herewith payment in full for the purchase price of the shares being purchased, together with all applicable transfer taxes, if any. The undersigned elects to exercise the attached Warrant by means of the net exercise provisions of Section 4 of the Warrant. 3. Please issue a certificate or certificates representing said Shares in the name of the undersigned or in such other name as is specified below: 4. The undersigned hereby represents and warrants that the aforesaid Shares are being acquired for the account of the undersigned for investment and not with a view to, or for resale, in connection with the distribution thereof, and that the undersigned has no present intention of distributing or reselling such shares, shares and all representations and warranties of the undersigned set forth in Section 10 of the attached Warrant (including Section 10 (e10(e) thereof) are true and correct as of the date hereof.

Rights and Obligations Survive Exercise of Warrant. Unless otherwise provided herein, the rights and obligations of the Company, of the holder Holder of this Warrant and of the holder of the Shares issued upon exercise of this Warrant, shall survive the exercise of this Warrant. Issued this day This Warrant to Purchase Common Stock is issued as of 20 the date first set forth above. By: Title: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx, Chief Executive Officer AKESIS PHARMACEUTICALS, INC. SIGNATURE PAGE TO WARRANT TO PURCHASE COMMON STOCK TO: BioCardiaAkesis Pharmaceuticals, Inc. Attention: President 1. The undersigned hereby elects to purchase Shares of Common Stock of Akesis Pharmaceuticals, Inc. pursuant to the terms of the attached Warrant. 2. Method of Exercise (Please initial the applicable blank): The undersigned elects to exercise the attached Warrant by means of a cash payment, and tenders herewith payment in full for the purchase price of the shares being purchased, together with all applicable transfer taxes, if any. The undersigned elects to exercise the attached Warrant by means of the net exercise provisions of Section 4 of the Warrant. 3. Please issue a certificate or certificates representing said Shares in the name of the undersigned or in such other name as is specified below: 4. The undersigned hereby represents and warrants that the aforesaid Shares are being acquired for the account of the undersigned for investment and not with a view to, or for resale, in connection with the distribution thereof, and that the undersigned has no present intention of distributing or reselling such shares, shares and all representations and warranties of the undersigned set forth in Section 10 of the attached Warrant (including Section 10 (e) thereof) are true and correct as of the date hereof.

Rights and Obligations Survive Exercise of Warrant. Unless otherwise provided herein, the rights and obligations of the Company, of the holder Holder of this Warrant and of the holder of the Shares issued upon exercise of this Warrant, shall survive the exercise of this Warrant. Issued this day This Warrant to Purchase Common Stock is issued as of 20 the date first set forth above. By: Title: Xxxxxx X. Xxxxxx, Chief Executive Officer AKESIS PHARMACEUTICALS, INC. SIGNATURE PAGE TOWARRANT TO PURCHASE COMMON STOCK TO: BioCardiaAkesis Pharmaceuticals, Inc. Attention: President 1. The undersigned hereby elects to purchase Shares of Common Stock of Akesis Pharmaceuticals, Inc. pursuant to the terms of the attached Warrant. 2. Method of Exercise (Please initial the applicable blank): ¨ The undersigned elects to exercise the attached Warrant by means of a cash payment, and tenders herewith payment in full for the purchase price of the shares being purchased, together with all applicable transfer taxes, if any. ¨ The undersigned elects to exercise the attached Warrant by means of the net exercise provisions of Section 4 of the Warrant. 3. Please issue a certificate or certificates representing said Shares in the name of the undersigned or in such other name as is specified below: 4. The undersigned hereby represents and warrants that the aforesaid Shares are being acquired for the account of the undersigned for investment and not with a view to, or for resale, in connection with the distribution thereof, and that the undersigned has no present intention of distributing or reselling such shares, shares and all representations and warranties of the undersigned set forth in Section 10 4 of the attached Warrant Purchase Agreement (including Section 10 (e) thereofas defined in the Warrant) are true and correct as of the date hereof.

Rights and Obligations Survive Exercise of Warrant. Unless otherwise provided herein, the rights and obligations of the Company, of the holder of this Warrant and of the holder of the Shares issued upon exercise of this Warrant, shall survive the exercise of this Warrant. Issued this day of 20 . By: Title: /s/ Cxxxx Xxxxxxx Cxxxx Xxxxxxx, President TO: BioCardiaKineta, Inc. 200 Xxxxx Xxxxxx Suite 200 Seattle, WA 98109 Attention: PresidentCEO 1. The undersigned hereby elects to purchase Shares ______________ shares of non-voting common stock of Kineta, Inc. (the “Shares”) pursuant to the terms of the attached Warrant. 2. Method of Exercise (Please initial the applicable blank): The undersigned elects to exercise the attached Warrant by means of a cash payment, and tenders herewith payment in full for the purchase price of the shares being purchased, together with all applicable transfer taxes, if any. The undersigned elects to exercise the attached Warrant by means of the net exercise provisions of Section 4 of the Warrant. 3. Please issue a certificate or certificates representing said Shares in the name of the undersigned or in such other name as is specified below: 4. The undersigned hereby represents and warrants that the aforesaid Shares are being acquired for the account of the undersigned for investment and not with a view to, or for resale, resale in connection with with, the distribution thereof, and that the undersigned has no present intention of distributing or reselling such shares, shares and all representations and warranties of the undersigned set forth in Section 10 of the attached Warrant (including Section 10 (e11(e) thereof) are true and correct as of the date hereof.

Rights and Obligations Survive Exercise of Warrant. Unless otherwise provided herein, the rights and obligations of the Company, of the holder of this Warrant and of the holder of the Shares issued upon exercise of this Warrant, shall survive the exercise of this Warrant. Issued this day of 20 . /s/ Cxxxx Xxxxxxx By: Title: Cxxxx X. Xxxxxxx, President TO: BioCardiaKineta, Inc. 200 Xxxxx Xxxxxx Suite 200 Seattle, WA 98109 Attention: PresidentCEO 1. The undersigned hereby elects to purchase Shares ________ shares of non-voting common stock of Kineta, Inc. (the “Shares”) pursuant to the terms of the attached Warrant. 2. Method of Exercise (Please initial the applicable blank): The undersigned elects to exercise the attached Warrant by means of a cash payment, and tenders herewith payment in full for the purchase price of the shares being purchased, together with all applicable transfer taxes, if any. The undersigned elects to exercise the attached Warrant by means of the net exercise provisions of Section 4 of the Warrant. 3. Please issue a certificate or certificates representing said Shares in the name of the undersigned or in such other name as is specified below: 4. The undersigned hereby represents and warrants that the aforesaid Shares are being acquired for the account of the undersigned for investment and not with a view to, or for resale, resale in connection with with, the distribution thereof, and that the undersigned has no present intention of distributing or reselling such shares, shares and all representations and warranties of the undersigned set forth in Section 10 of the attached Warrant (including Section 10 (e10(e) thereof) are true and correct as of the date hereof.

Rights and Obligations Survive Exercise of Warrant. Unless otherwise provided herein, the rights and obligations of the Company, of the holder Holder of this Warrant and of the holder of the Shares issued upon exercise of this Warrant, shall survive the exercise of this Warrant. Issued this day This Warrant to Purchase Common Stock is issued as of 20 the date first set forth above. By: Title: /s/ Xxxxx Xxxxxxxx Xxxxx Xxxxxxxx, Director AKESIS PHARMACEUTICALS, INC. SIGNATURE PAGE TO WARRANT TO PURCHASE COMMON STOCK TO: BioCardiaAkesis Pharmaceuticals, Inc. Attention: President 1. The undersigned hereby elects to purchase Shares of Common Stock of Akesis Pharmaceuticals, Inc. pursuant to the terms of the attached Warrant. 2. Method of Exercise (Please initial the applicable blank): ¨ The undersigned elects to exercise the attached Warrant by means of a cash payment, and tenders herewith payment in full for the purchase price of the shares being purchased, together with all applicable transfer taxes, if any. ¨ The undersigned elects to exercise the attached Warrant by means of the net exercise provisions of Section 4 of the Warrant. 3. Please issue a certificate or certificates representing said Shares in the name of the undersigned or in such other name as is specified below: 4. The undersigned hereby represents and warrants that the aforesaid Shares are being acquired for the account of the undersigned for investment and not with a view to, or for resale, in connection with the distribution thereof, and that the undersigned has no present intention of distributing or reselling such shares, shares and all representations and warranties of the undersigned set forth in Section 10 of the attached Warrant (including Section 10 (e) thereof) are true and correct as of the date hereof.

Rights and Obligations Survive Exercise of Warrant. Unless otherwise provided herein, the rights and obligations of the Company, of the holder of this Warrant and of the holder of the Shares issued upon exercise of this Warrant, shall survive the exercise of this Warrant. Issued this day of 20 . By: TitleXxxx Xxxxxxx Its: CFO TO: BioCardiaIdeanomics, Inc. 0000 Xxxxxxxx, xxxxx 0000 New York, NY 11201 Attention: PresidentLegal Counsel 1. The undersigned hereby elects to purchase Shares shares of Common Stock of Ideanomics, Inc (the “Shares”) pursuant to the terms of the attached Warrant. 2. Method of Exercise (Please initial the applicable blank): The undersigned elects to exercise the attached Warrant by means of a cash payment, and tenders herewith payment in full for the purchase price of the shares being purchased, together with all applicable transfer taxes, if any. The undersigned elects to exercise the attached Warrant by means of the net exercise provisions of Section 4 of the Warrant. 3. Please issue a certificate or certificates representing said Shares in the name of the undersigned or in such other name as is specified below: 4. The undersigned hereby represents and warrants that the aforesaid Shares are being acquired for the account of the undersigned for investment and not with a view to, or for resale, in connection with the distribution thereof, and that the undersigned has no present intention of distributing or reselling such shares, shares and all representations and warranties of the undersigned set forth in Section 10 9 of the attached Warrant (including Section 10 (e9(e) thereof) are true and correct as of the date hereof.

Rights and Obligations Survive Exercise of Warrant. Unless otherwise provided herein, the rights and obligations of the Company, of the holder of this Warrant and of the holder of the Shares issued upon exercise of this Warrant, shall survive the exercise of this Warrant. Issued this day of 20 . /s/ Cxxxx Xxxxxxx By: Title: Cxxxx Xxxxxxx, President TO: BioCardiaKineta, Inc. 200 Xxxxx Xxxxxx Suite 200 Seattle, WA 98109 Attention: PresidentCEO 1. The undersigned hereby elects to purchase Shares ___________ shares of non-voting common stock of Kineta, Inc. (the “Shares”) pursuant to the terms of the attached Warrant. 2. Method of Exercise (Please initial the applicable blank): The undersigned elects to exercise the attached Warrant by means of a cash payment, and tenders herewith payment in full for the purchase price of the shares being purchased, together with all applicable transfer taxes, if any. The undersigned elects to exercise the attached Warrant by means of the net exercise provisions of Section 4 of the Warrant. 3. Please issue a certificate or certificates representing said Shares in the name of the undersigned or in such other name as is specified below: 4. The undersigned hereby represents and warrants that the aforesaid Shares are being acquired for the account of the undersigned for investment and not with a view to, or for resale, resale in connection with with, the distribution thereof, and that the undersigned has no present intention of distributing or reselling such shares, shares and all representations and warranties of the undersigned set forth in Section 10 of the attached Warrant (including Section 10 (e10(e) thereof) are true and correct as of the date hereof.

Rights and Obligations Survive Exercise of Warrant. Unless otherwise provided herein, the rights and obligations of the Company, of the holder Holder of this Warrant and of the holder of the Shares issued upon exercise of this Warrant, shall survive the exercise of this Warrant. Issued this day This Warrant to Purchase Common Stock is issued as of 20 the date first set forth above. By: Title: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx, Chief Executive Officer AKESIS PHARMACEUTICALS, INC. SIGNATURE PAGE TO WARRANT TO PURCHASE COMMON STOCK TO: BioCardiaAkesis Pharmaceuticals, Inc. Attention: President 1. The undersigned hereby elects to purchase Shares of Common Stock of Akesis Pharmaceuticals, Inc. pursuant to the terms of the attached Warrant. 2. Method of Exercise (Please initial the applicable blank): The undersigned elects to exercise the attached Warrant by means of a cash payment, and tenders herewith payment in full for the purchase price of the shares being purchased, together with all applicable transfer taxes, if any. The undersigned elects to exercise the attached Warrant by means of the net exercise provisions of Section 4 of the Warrant. 3. Please issue a certificate or certificates representing said Shares in the name of the undersigned or in such other name as is specified below: 4. The undersigned hereby represents and warrants that the aforesaid Shares are being acquired for the account of the undersigned for investment and not with a view to, or for resale, in connection with the distribution thereof, and that the undersigned has no present intention of distributing or reselling such shares, shares and all representations and warranties of the undersigned set forth in Section 10 4 of the attached Warrant Purchase Agreement (including Section 10 (e) thereofas defined in the Warrant) are true and correct as of the date hereof.

Rights and Obligations Survive Exercise of Warrant. Unless otherwise provided herein, the rights and obligations of the Company, of the holder of this Warrant and of the holder of the Shares issued upon exercise of this Warrant, shall survive the exercise of this Warrant. Issued this th day of 20 2007. INOGEN, INC. By: Title: Xxxxx Xxxxx TO: BioCardiaINOGEN, Inc. INC. Attention: President 1. The undersigned hereby elects to purchase Shares of pursuant to the terms of the attached Warrant. 2. Method of Exercise (Please initial the applicable blank): The undersigned elects to exercise the attached Warrant by means of a cash payment, and tenders herewith payment in full for the purchase price of the shares being purchased, together with all applicable transfer taxes, if any. The undersigned elects to exercise the attached Warrant by means of the net exercise provisions of Section 4 of the Warrant. 3. Please issue a certificate or certificates representing said Shares in the name of the undersigned or in such other name as is specified below: 4. The undersigned hereby represents and warrants that the aforesaid Shares are being acquired for the account of the undersigned for investment and not with a view to, or for resale, in connection with the distribution thereof, and that the undersigned has no present intention of distributing or reselling such shares, shares and all representations and warranties of the undersigned set forth in Section 10 of the attached Warrant (including Section 10 (e) thereof) are true and correct as of the date hereof.