SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • October 12th, 2016 • Biostar Pharmaceuticals, Inc. • Pharmaceutical preparations • Illinois
Contract Type FiledOctober 12th, 2016 Company Industry JurisdictionThis SECURITIES PURCHASE AGREEMENT (the “Agreement”), dated as of October 11, 2016, is by and among Biostar Pharmaceuticals, Inc., a Maryland corporation (the “Company”), and each of the investors listed on the Schedule of Buyers attached hereto (individually, a “Buyer” and collectively, the “Buyers”).
EXHIBIT A TO COMMON STOCK AND WARRANT PURCHASE AGREEMENTCommon Stock and Warrant Purchase Agreement • November 14th, 2007 • Biostar Pharmaceuticals, Inc. • Maryland
Contract Type FiledNovember 14th, 2007 Company Jurisdiction
FORM OF WARRANT] BIOSTAR PHARMACEUTICALS, INC. Warrant To Purchase Common StockBiostar Pharmaceuticals, Inc. • March 10th, 2014 • Pharmaceutical preparations • Illinois
Company FiledMarch 10th, 2014 Industry JurisdictionBiostar Pharmaceuticals, Inc., a Maryland corporation (the “Company”), hereby certifies that, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, [_________________], the registered holder hereof or its permitted assigns (the “Holder”), is entitled, subject to the terms set forth below, to purchase from the Company, at the Exercise Price (as defined below) then in effect, upon exercise of this Warrant to Purchase Common Stock (including any Warrants to Purchase Common Stock issued in exchange, transfer or replacement hereof, the “Warrant”), at any time or times on or after the Issuance Date, but not after 11:59 p.m., New York time, on the Expiration Date (as defined below), [______________]1 (subject to adjustment as provided herein) fully paid and non-assessable shares of Common Stock (as defined below) (the “Warrant Shares”). Except as otherwise defined herein, capitalized terms in this Warrant shall have the meanings set forth in Sectio
ARTICLE II PURCHASER'S REPRESENTATIONS AND WARRANTIESPreferred Stock and Warrant Purchase Agreement • November 14th, 2007 • Biostar Pharmaceuticals, Inc. • New York
Contract Type FiledNovember 14th, 2007 Company Jurisdiction
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • November 19th, 2009 • Biostar Pharmaceuticals, Inc. • Pharmaceutical preparations • New York
Contract Type FiledNovember 19th, 2009 Company Industry JurisdictionSECURITIES PURCHASE AGREEMENT (the “Agreement”), dated as of November 18, 2009, by and among Biostar Pharmaceuticals, Inc., a Maryland corporation, with headquarters located at No. 588 Shiji Avenue, Xiangyang City, Shaanxi Province, The People’s Republic of China 712046 (the “Company”), and the Buyers listed on the Schedule of Buyers attached hereto (individually, a “Buyer” and collectively, the “Buyers”). The Company and the Buyers shall collectively be referred to as the “Parties” and individually, a “Party”.
EMPLOYMENT AGREEMENTEmployment Agreement • May 16th, 2011 • Biostar Pharmaceuticals, Inc. • Pharmaceutical preparations • Maryland
Contract Type FiledMay 16th, 2011 Company Industry JurisdictionTHIS EMPLOYMENT AGREEMENT (the "Agreement") is made as of this seventh day of April, 2011, by and between Biostar Pharmaceuticals, Inc., a Maryland corporation, having an office at No. 588 Shiji Xi Avenue, Xianyang, Shaanxi Province, People’s Republic of China (hereinafter referred to as the "Company") and Zack Pan an individual residing at Oklahoma City, Oklahoma, USA (hereinafter referred to as "Executive").
AMONGEntrusted Management Agreement • November 14th, 2007 • Biostar Pharmaceuticals, Inc.
Contract Type FiledNovember 14th, 2007 Company
Entrust Agreement for Land AcquisitionEntrust Agreement • February 25th, 2008 • Biostar Pharmaceuticals, Inc. • Pharmaceutical preparations
Contract Type FiledFebruary 25th, 2008 Company IndustryParty A is an investment project introduced by Qindu district government. According to the Num 319th approval document, which is issued by government of Xian Yang city, it shows that initial planning investments are 70 million RMB to build GMP workshop. Hereby Party A entrusts Party B to in charge of the land acquisition in light of the law of land administration of PRC, Shaanxi province execution detailed rules and relevant rules of regulation. Party B agrees to provide the service with following terms.
SHAREHOLDERS' VOTING PROXY AGREEMENT AMONG THE FOURTEEN PERSONS INCLUDING WANG RONGHUA AND SHAANXI BIOSTAR BIOTECH LTD 【●】July, 2007 XIANYANG, CHINAProxy Agreement • February 25th, 2008 • Biostar Pharmaceuticals, Inc. • Pharmaceutical preparations
Contract Type FiledFebruary 25th, 2008 Company IndustryThis Shareholders’ Voting Proxy Agreement (the “Agreement”) is entered into as of July【●】, 2007 among the following parties in Xianyang:
Product Research and Development AgreementBiostar Pharmaceuticals, Inc. • April 15th, 2013 • Pharmaceutical preparations
Company FiledApril 15th, 2013 IndustryParty A and Party B reached the following R&D agreement regarding National Type I new medicine Danshensu Borneol Ester through friendly negotiation:
CLOSING ESCROW AGREEMENTClosing Escrow Agreement • November 3rd, 2009 • Biostar Pharmaceuticals, Inc. • Pharmaceutical preparations • New York
Contract Type FiledNovember 3rd, 2009 Company Industry JurisdictionThis Agreement, dated as of November 2, 2009 (this “Agreement”), is entered into by and among Biostar Pharmaceuticals, Inc., a Maryland corporation (the “Company”), Barron Partners LP, Fernando Oscar Liu, Olga Filippova, Andrew Barron Worden, Steven Mazur, Golden1177 LP, RossPlan LP, JBWA2 LP, LeeMadison9189 LP, XWRT2 LP, Godfrey2468 LP, SBMT2 LP, Tibero2 LP, and Kaufman2 LP (collectively, the “Purchasers” and individually, the “Purchaser”), and Sichenzia Ross Friedman Ference LLP (the “Escrow Agent”). The Company and the Purchasers shall collectively be referred to as the “Escrowing Parties”. The principal address of each party hereto is set forth on Exhibit A.
Amendment No. 1 to the Employment AgreementEmployment Agreement • April 24th, 2012 • Biostar Pharmaceuticals, Inc. • Pharmaceutical preparations • Maryland
Contract Type FiledApril 24th, 2012 Company Industry JurisdictionThis Amendment No. 1 (the “Amendment”) to Employment Agreement is made as of this 20th day of April, 2012, by and between Biostar Pharmaceuticals, Inc., a Maryland corporation, with offices at No. 588 Shiji Xi Avenue, Xianyang, Shaanxi Province, PRC (the “Company”) and Zack Zibing Pan, the Company’s Chief Financial Officer residing in Oklahoma City, OK, USA (the “Executive”).
SHARE TRANSFER CONTRACT OF SHAANXI WEINAN HUAREN PHARMACEUTICALS CO., LTD. BY AND BETWEEN SHAANXI AOXING PHARMACEUTICALS CO., LTD. AND SHAREHOLDERS OF SHAANXI WEINAN HUAREN PHARMACEUTICALS CO., LTD.Share Transfer Contract • October 11th, 2011 • Biostar Pharmaceuticals, Inc. • Pharmaceutical preparations
Contract Type FiledOctober 11th, 2011 Company IndustryThis Share Transfer Contract (hereinafter referred to as the “Contract”) is entered into by and between the following Parties in Xianyang, China on October 11, 2011:
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • November 3rd, 2009 • Biostar Pharmaceuticals, Inc. • Pharmaceutical preparations • New York
Contract Type FiledNovember 3rd, 2009 Company Industry JurisdictionSECURITIES PURCHASE AGREEMENT (the “Agreement”), dated as of November 2, 2009, by and among Biostar Pharmaceuticals, Inc., a Maryland corporation, with headquarters located at No. 588 Shiji Avenue, Xiangyang City, Shaanxi Province, The People’s Republic of China 712046 (the “Company”), and the Buyers listed on the Schedule of Buyers attached hereto (individually, a “Buyer” and collectively, the “Buyers”). The Company and the Buyers shall collectively be referred to as the “Parties” and individually, a “Party”.
English Translation) ASSETS ACQUISITION AGREEMENTAssets Acquisition Agreement • May 14th, 2010 • Biostar Pharmaceuticals, Inc. • Pharmaceutical preparations
Contract Type FiledMay 14th, 2010 Company IndustryOn March 28, 2010, Party A and Party B again entered into the following agreement concerning Party A’s acquisition of Party B’s assets.
English Translation) Wu Quan Mountain Land Use Transfer AgreementBiostar Pharmaceuticals, Inc. • March 31st, 2010 • Pharmaceutical preparations
Company FiledMarch 31st, 2010 IndustryIn order to fully develop and use the mountain land and improve land utilization and economic benefits, the parties enter into the following agreement pursuant to the Implementation Method on Auction and Transfer of the Rural Collectively Owned Mountain Land Stipulated by the Government of Hu County (Gov. Hu No. 1998) (the “Implementation Method”):
English Translation) LABOR CONTRACTLabor Contract • August 13th, 2010 • Biostar Pharmaceuticals, Inc. • Pharmaceutical preparations
Contract Type FiledAugust 13th, 2010 Company IndustryParty A and Party B (the “Parties”) hereby enter into the following agreement pursuant to the Labor Contract Law of the People’s Republic of China and other relevant regulations:
AMENDMENTBiostar Pharmaceuticals, Inc. • November 14th, 2007 • New York
Company FiledNovember 14th, 2007 Jurisdiction
PRELIMINARY EMPLOYMENT AGREEMENTPreliminary Employment Agreement • June 27th, 2008 • Biostar Pharmaceuticals, Inc. • Pharmaceutical preparations
Contract Type FiledJune 27th, 2008 Company IndustryThe Preliminary Employment Agreement is entered into as of June 25, 2007 between Elaine Zhao (“Zhao”), and Biostar Pharmaceuticals Inc. (the ‘Company”). Zhao hereby agrees to serve as Chief Financial Officer of Biostar Pharmaceutical, Inc., for an initial period of two years. The annual compensation, paid quarterly at the beginning of each quarter, shall be US$45,000.
SUPPLEMENTAL AGREEMENT TO SHARE TRANSFER CONTRACT OF SHAANXI WEINAN HUAREN PHARMACEUTICALS CO., LTD. BY AND BETWEEN SHAANXI AOXING PHARMACEUTICALS CO., LTD. AND FORMER SHAREHOLDERS OF SHAANXI WEINAN HUAREN PHARMACEUTICALS CO., LTD.Supplemental Agreement • March 15th, 2013 • Biostar Pharmaceuticals, Inc. • Pharmaceutical preparations
Contract Type FiledMarch 15th, 2013 Company IndustryParty B: All Former Shareholders of Shaanxi Weinan Huaren Pharmaceuticals Co., Ltd. who are listed in Appendix I of this Agreement (hereinafter referred to as “Transferors”)
Form Non-competition AgreementForm Non-Competition Agreement • October 11th, 2011 • Biostar Pharmaceuticals, Inc. • Pharmaceutical preparations
Contract Type FiledOctober 11th, 2011 Company IndustryParty A: Shaanxi Weinan Huaren Pharmaceuticals Co., Ltd., a company incorporated under PRC law, with its business license registered number [_] and its legal address registered at No. 13, Weihua Road, Weinan City, Shaanxi Province;
Cooperation AgreementCooperation Agreement • May 9th, 2008 • Biostar Pharmaceuticals, Inc. • Pharmaceutical preparations
Contract Type FiledMay 9th, 2008 Company IndustryTherefore, Party A and Party B through mutual negotiations hereby enter into this cooperation agreement (the “Agreement”) regarding to the issues of New Drug R&D, application and long-term technical cooperation according to the following terms and conditions on January 5, 2007:
Cooperation AgreementCooperation Agreement • May 9th, 2008 • Biostar Pharmaceuticals, Inc. • Pharmaceutical preparations
Contract Type FiledMay 9th, 2008 Company IndustryParty A and Party B through mutual negotiations hereby enter into this cooperation agreement (the “Agreement”) regarding to the issues of intern practice base and technical cooperation according to the following terms and conditions on June 13, 2006:
AMENDED AND RESTATED ENTRUSTED MANAGEMENT AGREEMENT AMONG THE FOURTEEN PERSONS INCLUDING WANG RONGHUA SHAANXI AOXING PHARMACEUTICAL CO., LTD AND SHAANXI BIOSTAR BIOTECH LTD May 6, 2008 XIANYANG, CHINAEntrusted Management Agreement • May 9th, 2008 • Biostar Pharmaceuticals, Inc. • Pharmaceutical preparations
Contract Type FiledMay 9th, 2008 Company IndustryParty B: Shaanxi Biostar Biotech Ltd is a wholly-foreign owned enterprise registered in Xianyang, PRC, and the registration number of its legal and valid Business License is Qi Du Shaan Xian Zong Zi No. 000177.
AMENDED AND RESTATED ENTRUSTED MANAGEMENT AGREEMENT AMONG THE FOURTEEN PERSONS INCLUDING WANG RONGHUA SHAANXI AOXING PHARMACEUTICAL CO., LTD AND SHAANXI BIOSTAR BIOTECH LTD May 6, 2008 XIANYANG, CHINAEntrusted Management Agreement • June 12th, 2008 • Biostar Pharmaceuticals, Inc. • Pharmaceutical preparations
Contract Type FiledJune 12th, 2008 Company IndustryParty B: Shaanxi Biostar Biotech Ltd is a wholly-foreign owned enterprise registered in Xianyang, PRC, and the registration number of its legal and valid Business License is Qi Du Shaan Xian Zong Zi No. 000177.
Cooperation AgreementCooperation Agreement • May 9th, 2008 • Biostar Pharmaceuticals, Inc. • Pharmaceutical preparations
Contract Type FiledMay 9th, 2008 Company IndustryParty A and Party B through mutual negotiations hereby enter into this cooperation agreement (the “Agreement”) regarding to the issues of intern practice base and technical cooperation according to the following terms and conditions on September 10, 2006:
EXCLUSIVE OPTION AGREEMENT AMONG SHAANXI BIOSTAR BIOTECH LTD AND THE FOURTEEN PERSONS INCLUDING WANG RONGHUA SHAANXI AOXING PHARMACEUTICAL CO., LTD. 【】July, 2007 XIANYANG, CHINAExclusive Option Agreement • February 25th, 2008 • Biostar Pharmaceuticals, Inc. • Pharmaceutical preparations
Contract Type FiledFebruary 25th, 2008 Company IndustryRegistered Address: 3rd floor, backyard of Industrial and Business Bureau, Shiji Avenue, Xianyang. Legal Representative: Wang Hui
CONFIDENTIAL March 1, 2014 MOODY CAPITAL SOLUTIONS, INC. Dawsonville, GA 30524 Phone (770) 815-0885 Mr. Ronghua Wang Chairman and CEO Biostar Pharmaceuticals, Inc No. 588 Shiji Xi Avenue Xianyang, 712046 Phone: 86 29 3368 6638 Dear Mr. Wang:Biostar Pharmaceuticals, Inc. • March 10th, 2014 • Pharmaceutical preparations • Georgia
Company FiledMarch 10th, 2014 Industry JurisdictionThis letter (the “Agreement”) confirms Moody Capital Solutions, Inc. (“Moody Capital”) engagement as lead placement agent and Axiom Capital Management, Inc as co-lead placement agent (“Axiom”) (“Moody Capital”) and “Axiom” together, the “Placement Agents”) for Biostar Pharmaceuticals, Inc. (the “Company”), in connection with the proposed placement (the ‘‘Offering”) of registered securities (the “Securities”) of the Company, which may include shares (the “Shares”) of the Company's common stock (the “Common Stock”) and warrants to purchase shares of Common Stock, in an amount and on terms and conditions satisfactory to the Company, pursuant to a registered “shelf takedown” under the Company’s registration statement on Form S-3 (Registration File No. 333-192963) under the Securities Act of 1933, as amended (the “Securities Act”) filed with the Securities and Exchange Commission (the “Commission”), which became effective on January 3, 2014.
MAKE GOOD ESCROW AGREEMENTMake Good Escrow Agreement • November 3rd, 2009 • Biostar Pharmaceuticals, Inc. • Pharmaceutical preparations • New York
Contract Type FiledNovember 3rd, 2009 Company Industry JurisdictionThis Agreement, dated as of November 2, 2009 (this “Agreement”), is entered into by and among Biostar Pharmaceuticals, Inc., a Maryland corporation (the “Company”), Barron Partners LP, Fernando Oscar Liu, Olga Filippova, Andrew Barron Worden, Steven Mazur, Golden1177 LP, RossPlan LP, JBWA2 LP, LeeMadison9189 LP, XWRT2 LP, Godfrey2468 LP, SBMT2 LP, Tibero2 LP, and Kaufman2 LP (collectively, the “Purchasers” and individually, the “Purchaser”), and Sichenzia Ross Friedman Ference LLP (the “Escrow Agent”). The Company and the Purchasers shall collectively be referred to as the “Escrowing Parties”. The principal address of each party hereto is set forth on Exhibit A.
Contract No.: SY1-0701Biostar Pharmaceuticals, Inc. • February 25th, 2008 • Pharmaceutical preparations
Company FiledFebruary 25th, 2008 IndustryTo ensure the legitimate rights and interests of both seller and buyer, according to the Drug Administration Law of the PRC and the Circulation of Pharmaceuticals Supervision and Management Methods, by consensus, the seller and buyer unanimously agreed to sign this contract in December 11, 2006:
Share Pledge AgreementShare Pledge Agreement • February 25th, 2008 • Biostar Pharmaceuticals, Inc. • Pharmaceutical preparations
Contract Type FiledFebruary 25th, 2008 Company IndustryTherefore, in accordance with applicable laws and regulations of the People’s Republic of China, the Parties hereto reach the Agreement through friendly negotiation on the principle of equality and mutual benefit and abide by.