COMMON STOCK PURCHASE WARRANT BEYOND AIR, INC.Common Stock Purchase Warrant • March 22nd, 2024 • Beyond Air, Inc. • Surgical & medical instruments & apparatus • New York
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the date hereof (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on March 22, 2027 (the “Termination Date”) but not thereafter, to subscribe for and purchase from Beyond Air, Inc., a Delaware corporation (the “Company”), up to shares (as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • March 22nd, 2024 • Beyond Air, Inc. • Surgical & medical instruments & apparatus • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of ______, 2024, between Beyond Air, Inc., a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • May 20th, 2020 • Beyond Air, Inc. • Surgical & medical instruments & apparatus • Illinois
REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of May 14, 2020, by and between BEYOND AIR, INC., a Delaware corporation (the “Company”), and LINCOLN PARK CAPITAL FUND, LLC, an Illinois limited liability company (together with its permitted assigns, the “Buyer”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings set forth in the Purchase Agreement by and between the parties hereto, dated as of the date hereof (as amended, restated, supplemented or otherwise modified from time to time, the “Purchase Agreement”).
PURCHASE AGREEMENTPurchase Agreement • May 20th, 2020 • Beyond Air, Inc. • Surgical & medical instruments & apparatus • Illinois
PURCHASE AGREEMENT (the “Agreement”), dated as of May 14, 2020, by and between BEYOND AIR, INC., a Delaware corporation (the “Company”), and LINCOLN PARK CAPITAL FUND, LLC, an Illinois limited liability company (the “Investor”).
EMPLOYMENT AGREEMENTEmployment Agreement • June 22nd, 2023 • Beyond Air, Inc. • Surgical & medical instruments & apparatus
EMPLOYMENT AGREEMENT (“Agreement”) is effective on March 27th, 2023 between Beyond Air, Inc. (the “Company”), a Delaware Company, and Jeff L. Myers, M.D., Ph.D. (the “Employee”), residing at 1001 Julia Street, New Orleans, LA 70113.
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • September 27th, 2024 • Beyond Air, Inc. • Surgical & medical instruments & apparatus
This Registration Rights Agreement (this “Agreement”) is made and entered into as of September [ ], 2024, by and between Beyond Air, Inc., a Delaware corporation (the “Company”), and each of the several purchasers signatory hereto (each such purchaser, a “Purchaser” and, collectively, the “Purchasers”).
PLACEMENT AGENCY AGREEMENTPlacement Agency Agreement • March 22nd, 2024 • Beyond Air, Inc. • Surgical & medical instruments & apparatus • New York
NON-EXCLUSIVE PATENT LICENSE AGREEMENTNon-Exclusive Patent License Agreement • May 2nd, 2017 • AIT Therapeutics, Inc. • Surgical & medical instruments & apparatus • California
This NON-EXCLUSIVE PATENT LICENSE AGREEMENT (this “Agreement”) is made as of October 22, 2013 (the “Effective Date”) by and between Advanced Inhalation Therapies (AIT) Ltd., a company incorporated under the laws of the State of Israel (“Licensee”), and SensorMedics Corporation, a California corporation (“CareFusion”).
2,325,000 Shares Beyond Air, Inc. Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • December 12th, 2019 • Beyond Air, Inc. • Surgical & medical instruments & apparatus • New York
Beyond Air, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several Underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of 2,325,000 shares (the “Firm Shares”) of common stock, $0.0001 par value per share (the “Common Stock”), of the Company. The Firm Shares consist of 2,325,000 authorized but unissued shares of Common Stock to be issued and sold by the Company. The Company has also granted to the several Underwriters an option to purchase up to an aggregate of 348,750 additional shares of Common Stock, on the terms and for the purposes set forth in Section 3 hereof (the “Option Shares”). The Firm Shares and any Option Shares purchased pursuant to this Underwriting Agreement are herein collectively called the “Securities.”
Personal Employment AgreementPersonal Employment Agreement • March 15th, 2017 • AIT Therapeutics, Inc. • Surgical & medical instruments & apparatus • Tel-Aviv
This Personal Employment Agreement ("Agreement")is entered into on September 09, 2012, by and between Advanced Inhalation Therapies (AIT) Ltd. (the "Company")and Mrs. Racheli Vizman (the "Employee").
ADDENDUM TO PERSONAL EMPLOYMENT AGREEMENT Dated May 30, 2013Personal Employment Agreement • March 15th, 2017 • AIT Therapeutics, Inc. • Surgical & medical instruments & apparatus
WHEREAS, the Company and the Employee have entered into a Personal Employment Agreement dated September 09, 2012 (the "Employment Agreement"); Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Employment Agreement; and
OPTION AGREEMENTOption Agreement • March 15th, 2017 • AIT Therapeutics, Inc. • Surgical & medical instruments & apparatus • New York
THIS Option Agreement is entered into this 31st day of August, 2015 by Advanced Inhalation Therapies (AIT) Ltd., a company duly incorporated under the laws of the State of Israel (the “Company”) and Pulmonox Technologies Corporation, a company duly incorporated under the laws of the Province of Alberta, Canada (the “Seller”); each of the Company and the Seller may be referred to as a “Party” and jointly as the “Parties”.
ADDENDUM #3 TO PERSONAL EMPLOYMENT AGREEMENT Dated July 12, 2015Personal Employment Agreement • March 15th, 2017 • AIT Therapeutics, Inc. • Surgical & medical instruments & apparatus
WHEREAS, the Company and the Employee have entered into a Personal Employment Agreement dated September 09, 2012, as amended on May 30, 2013 and as further amended on April 9, 2014 (the "Employment Agreement"); Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Employment Agreement; and
AGREEMENTAgreement • March 15th, 2017 • AIT Therapeutics, Inc. • Surgical & medical instruments & apparatus
This agreement (the “Agreement”) is entered into as of the 3rd day of August, 2015 (the “Effective Date”) by and between Advanced Inhalation Therapies (AIT) Ltd., an Israeli corporation (“AIT”), and Ron Bentsur (“Bentsur”).
SECURITIES PURCHASE AND REGISTRATION RIGHTS AGREEMENT DATED MARCH 31, 2017 BY AND AMONG AIT THERAPEUTICS, INC. AND THE INVESTORS PARTY HERETOSecurities Purchase and Registration Rights Agreement • April 4th, 2017 • AIT Therapeutics, Inc. • Surgical & medical instruments & apparatus • New York
THIS SECURITIES PURCHASE AND REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of March 31, 2017, is by and among AIT Therapeutics, Inc., a Delaware corporation (the “Company”), and each investor identified on the signature pages hereto (each, an “Investor” and collectively, the “Investors”).
ADDENDUM #2 TO PERSONAL EMPLOYMENT AGREEMENT Dated April 8, 2014Personal Employment Agreement • March 15th, 2017 • AIT Therapeutics, Inc. • Surgical & medical instruments & apparatus
WHEREAS, the Company and the Employee have entered into a Personal Employment Agreement Dated September 09, 2012, as amended on May 30, 2013 (the "Employment Agreement"); Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Employment Agreement; and
LICENSE AGREEMENTLicense Agreement • March 15th, 2017 • AIT Therapeutics, Inc. • Surgical & medical instruments & apparatus • British Columbia
THE UNIVERSITY OF BRITISH COLUMBIA, a corporation continued under the University Act of British Columbia with offices at #103-6190 Agronomy Road, Vancouver, British Columbia, V6T 1Z3
PURCHASE AGREEMENTPurchase Agreement • August 13th, 2018 • AIT Therapeutics, Inc. • Surgical & medical instruments & apparatus • Illinois
PURCHASE AGREEMENT (the “Agreement”), dated as of August 10, 2018, by and between AIT THERAPEUTICS, INC., a Delaware corporation (the “Company”), and LINCOLN PARK CAPITAL FUND, LLC, an Illinois limited liability company (the “Investor”).
WARRANT TO PURCHASE SHARES OF COMMON STOCK OF BEYOND AIR, INC. (Void after June 30, 2029)Beyond Air, Inc. • June 27th, 2024 • Surgical & medical instruments & apparatus • Delaware
This certifies that AVENUE VENTURE OPPORTUNITIES FUND, LP, a Delaware limited partnership, or permitted assigns (“Holder”), for value received, is entitled to purchase from BEYOND AIR, INC., a Delaware corporation (“Company”), the Applicable Number (hereinafter defined) of fully paid and nonassessable shares of the Company’s Common Stock (the “Common Stock”), for cash, at a purchase price per share equal to the Exercise Price (hereinafter defined). Holder may also exercise this Warrant on a cashless or “net issuance” basis as described in Section 1(b) below, and this Warrant shall be deemed to have been exercised in full on such basis on the Expiration Date (hereinafter defined), to the extent not fully exercised prior to such date. This Warrant is issued in connection with that certain Loan and Security Agreement and Supplement thereto, both of even date herewith (as amended, restated and supplemented from time to time, the “Loan Agreement” and the “Supplement”, respectively), between
WARRANT TO PURCHASE COMMON STOCKAIT Therapeutics, Inc. • March 15th, 2017 • Surgical & medical instruments & apparatus • New York
This Warrant is one of a series of warrants of like tenor that have been issued in connection with the private offering by Advanced Inhalation Therapies (AIT) Ltd., a company organized under the laws of Israel (“Predecessor”), solely to accredited investors of Units in accordance with, and subject to, the terms and conditions described in, that certain Securities Purchase and Registration Rights Agreement, dated as of December 29, 2016, by and among Predecessor and the Investors (the “Purchase Agreement”). Predecessor became a wholly-owned subsidiary of the Company pursuant to an Agreement and Plan of Merger and Reorganization entered into by and between the Company, Predecessor and Red Maple Ltd., an Israeli corporation, dated December 29, 2016, as amended by that certain Amendment No. 1 between the Company and Predecessor dated January 12, 2017, and in connection therewith, the Company assumed Predecessor’s obligations under the Purchase Agreement, this Warrant and the other warrants
AIT THERAPEUTICS INC. EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • August 10th, 2021 • Beyond Air, Inc. • Surgical & medical instruments & apparatus • New York
This Executive Employment Agreement (“Agreement”) is made and entered into as of June 30, 2018, by and between AIT THERAPEUTICS INC., a Delaware corporation (“Employer”), and Amir Avniel (“Executive”).
LOAN AND SECURITY AGREEMENT Dated as of June 15, 2023 among BEYOND AIR, INC., a Delaware corporation, as “Borrower”,Loan and Security Agreement • June 20th, 2023 • Beyond Air, Inc. • Surgical & medical instruments & apparatus • New York
Borrower, Israeli Guarantor, Lenders and Agent have entered or anticipate entering into one or more transactions pursuant to which each Lender agrees to make available to Borrower a loan facility governed by the terms and conditions set forth in this document and one or more Supplements executed by Borrower, Lenders and Agent which incorporate this document by reference. Each Supplement constitutes a supplement to and forms part of this document, and will be read and construed as one with this document, so that this document and the Supplement constitute a single agreement between the parties (collectively referred to as this “Agreement”).
ContractAgreement and Plan of Merger and Reorganization • March 15th, 2017 • AIT Therapeutics, Inc. • Surgical & medical instruments & apparatus
TENTH AMENDMENT TO OPTION AGREEMENTOption Agreement • March 15th, 2017 • AIT Therapeutics, Inc. • Surgical & medical instruments & apparatus
This amendment (“Tenth Amendment”) is being entered into by and between Advanced Inhalation Therapies Limited (“AIT”) and Pulmonox Technologies Corporation (“Pulmonox”), for the purpose of amending the Option Agreement originally entered by AIT and Pulmonox on 31st August 2015 (the “Option Agreement”).
EMPLOYMENT AGREEMENT FOR AMIR AVNIELEmployment Agreement • February 27th, 2017 • AIT Therapeutics, Inc. • Surgical & medical instruments & apparatus • New York
WARRANT TO PURCHASE SHARES OF COMMON STOCK OF BEYOND AIR, INC. (Void after June 15, 2028)Beyond Air, Inc. • June 20th, 2023 • Surgical & medical instruments & apparatus • Delaware
This certifies that AVENUE VENTURE OPPORTUNITIES FUND, LP, a Delaware limited partnership, or permitted assigns (“Holder”), for value received, is entitled to purchase from BEYOND AIR, INC., a Delaware corporation (“Company”), the Applicable Number (hereinafter defined) of fully paid and nonassessable shares of the Company’s Common Stock (the “Common Stock”), for cash, at a purchase price per share equal to the Exercise Price (hereinafter defined). Holder may also exercise this Warrant on a cashless or “net issuance” basis as described in Section 1(b) below, and this Warrant shall be deemed to have been exercised in full on such basis on the Expiration Date (hereinafter defined), to the extent not fully exercised prior to such date. This Warrant is issued in connection with that certain Loan and Security Agreement and Supplement thereto, both of even date herewith (as amended, restated and supplemented from time to time, the “Loan Agreement” and the “Supplement”, respectively), between
SERVICE AGREEMENTService Agreement • March 15th, 2017 • AIT Therapeutics, Inc. • Surgical & medical instruments & apparatus
This Service Agreement (the “Agreement”) is entered into as of 11 June, 2015 between Advanced Inhalation Therapies (AIT) Ltd., a company organized and currently existing under the laws of the State of Israel, of 2 Meir Weisgal Rd., Rehovot, 7632605 Israel, (the “Company”), and Guberman Consulting Ltd., of 12 Yad Harutzim RD., Tel-Aviv (the “Service Provider”).
AMENDED AND RESTATED AGREEMENT FOR THE TRANSFER AND ASSUMPTION OF OBLIGATIONS UNDER THE SECURITIES PURCHASE AND REGISTRATION RIGHTS AGREEMENTSSecurities Purchase and Registration Rights Agreements • March 15th, 2017 • AIT Therapeutics, Inc. • Surgical & medical instruments & apparatus • New York
THIS AMENDED AND RESTATED AGREEMENT FOR THE TRANSFER AND ASSUMPTION OF OBLIGATIONS UNDER THE SECURITIES PURCHASE AND REGISTRATION RIGHTS AGREEMENTS (“Agreement”) is made and entered into as of January 12, 2017 (the “Execution Date”), by and among: AIT THERAPEUTICS, INC., a Delaware corporation (“Parent”); and ADVANCED INHALATION THERAPIES (AIT) Ltd., an Israeli corporation (the “Company”).
COMMON STOCK PURCHASE AGREEMENTCommon Stock Purchase Agreement • December 12th, 2019 • Beyond Air, Inc. • Surgical & medical instruments & apparatus • New York
COMMON STOCK PURCHASE AGREEMENT (the “Agreement”), dated as of December 10, 2019 by and between Beyond Air, Inc., a Delaware corporation (the “Company”), and the buyers listed on the Schedule of Buyers attached hereto as Exhibit A (individually, the “Buyer” and collectively, the “Buyers”). Capitalized terms used herein and not otherwise defined herein are defined in Section 7 hereof.
Stock Option Inducement AgreementStock Option Inducement Agreement • December 20th, 2023 • Beyond Air, Inc. • Surgical & medical instruments & apparatus • Delaware
This Stock Option Inducement Agreement (this “Agreement”) is made and entered into as of [DATE] by and between BEYOND AIR, INC., a Delaware corporation (the “Company”) and [NAME] (the “Participant”).
AGREEMENTAgreement • March 15th, 2017 • AIT Therapeutics, Inc. • Surgical & medical instruments & apparatus • New York
This agreement (the "Agreement") is entered into as of the ___24_____ day of June, 2016 (the "Effective Date") by and between Advanced Inhalation Therapies (AIT) Ltd., an Israeli corporation ("AIT"), and Steven Lisi ("Lisi").
AMENDMENT NO. 1 TO AGREEMENT AND PLAN OF MERGER AND REORGANIZATIONAgreement and Plan of Merger and Reorganization • March 15th, 2017 • AIT Therapeutics, Inc. • Surgical & medical instruments & apparatus
THIS AMENDMENT NO. 1 TO AGREEMENT AND PLAN OF MERGER AND REORGANIZATION (this “Amendment”) is made and entered into as of January 12, 2017, by and between AIT THERAPEUTICS, INC., a Delaware corporation (“Parent”), and ADVANCED INHALATION THERAPIES (AIT) Ltd., an Israeli corporation (the “Company”). Capitalized terms used but not otherwise defined herein shall have the meanings given to such terms in the Merger Agreement (as defined below).
Beyond Air Signs Agreement with MESA Specialty Gases & Equipment for Nitric Oxide and Nitrogen Dioxide Calibration Gas SupplyBeyond Air, Inc. • November 27th, 2019 • Surgical & medical instruments & apparatus
GARDEN CITY, N.Y. and REHOVOT, Israel, Nov. 25, 2019 (GLOBE NEWSWIRE) — Beyond Air, Inc. (NASDAQ: XAIR), a clinical-stage medical device and biopharmaceutical company focused on developing inhaled Nitric Oxide (NO) for the treatment of patients with respiratory conditions including serious lung infections and pulmonary hypertension, today announced an exclusive five-year global supply agreement for NO and NO2 (Nitrogen Dioxide) calibration gas with MESA Specialty Gases & Equipment.
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • September 27th, 2024 • Beyond Air, Inc. • Surgical & medical instruments & apparatus • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of September [ ], 2024 (the “Effective Date”), among Beyond Air, Inc., a Delaware corporation (the “Company”), and each purchaser identified on Exhibit A attached hereto (each a “Purchaser” and, collectively, the “Purchasers”).
SUPPLEMENT to the Loan and Security Agreement dated as of June 15, 2023 among BEYOND AIR, INC. (“Borrower”) andLoan and Security Agreement • June 20th, 2023 • Beyond Air, Inc. • Surgical & medical instruments & apparatus
This is a Supplement identified in the document entitled Loan and Security Agreement, dated as of June 15, 2023 (as amended, restated, supplemented and modified from time to time, the “Loan and Security Agreement”), by and among Borrower, Lenders and Agent. All capitalized terms used in this Supplement and not otherwise defined in this Supplement have the meanings ascribed to them in Article 10 of the Loan and Security Agreement, which is incorporated in its entirety into this Supplement. In the event of any inconsistency between the provisions of the Loan and Security Agreement and this Supplement, this Supplement is controlling.
