COMMON STOCK PURCHASE WARRANT AIM IMMUNOTECH INC.Common Stock Purchase Warrant • September 27th, 2019 • AIM ImmunoTech Inc. • Biological products, (no disgnostic substances) • 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 ______, 2024 (the “Termination Date”) but not thereafter, to subscribe for and purchase from AIM ImmunoTech Inc., a Delaware corporation (the “Company”), up to ______ shares of common stock, par value $0.001 per share (the “Common Stock”) (as subject to adjustment hereunder, the “Warrant Shares”). 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 • September 1st, 2016 • Hemispherx Biopharma Inc • Biological products, (no disgnostic substances) • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of August 30, 2016, between Hemispherx BioPharma, 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”).
Exhibit 10.5 REGISTRATION RIGHTS AGREEMENT REGISTRATION RIGHTS AGREEMENT (this "Agreement"), dated as of January 26, 2004, by and among Hemispherx Biopharma, Inc., a Delaware corporation, with headquarters located at One Penn Center, 1617 JFK...Registration Rights Agreement • January 27th, 2004 • Hemispherx Biopharma Inc • Biological products, (no disgnostic substances) • New York
Exhibit 2.2 AGREEMENT made as of March 11, 2003 by, and between Interferon Sciences, Inc. ("Seller"), and Hemispherx Biopharma, Inc. ("Buyer"). WITNESSETH: In consideration of the mutual covenants, agreements, representations and warranties herein...Asset Purchase Agreement • March 13th, 2003 • Hemispherx Biopharma Inc • Biological products, (no disgnostic substances) • Delaware
and CONTINENTAL STOCK TRANSFER & TRUST COMPANY, Rights AgentRights Agreement • November 20th, 2002 • Hemispherx Biopharma Inc • Biological products, (no disgnostic substances) • Delaware
UNDERWRITING AGREEMENT between AIM Immunotech inc. and as Representative of the Several Underwriters AIM IMMUNOTECH INC. UNDERWRITING AGREEMENTUnderwriting Agreement • September 27th, 2019 • AIM ImmunoTech Inc. • Biological products, (no disgnostic substances) • New York
The undersigned, AIM ImmunoTech Inc., a Delaware corporation (the “Company”), hereby confirms its agreement (this “Agreement”) with A.G.P./Alliance Global Partners (hereinafter referred to as “you” (including its correlatives) or the “Representative”) and with the other underwriters named on Schedule 1 hereto for which the Representative is acting as representative (the Representative and such other underwriters being collectively called the “Underwriters” or, individually, an “Underwriter”) as follows:
CLASS [A/B] COMMON STOCK PURCHASE WARRANT AIM IMMUNOTECH INC.Security Agreement • June 3rd, 2024 • AIM ImmunoTech Inc. • Biological products, (no disgnostic substances)
THIS CLASS [A/B] 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 that is the 6 month anniversary of the Issue Date (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on ________1 (the “Termination Date”) but not thereafter, to subscribe for and purchase from AIM ImmunoTech 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).
Exhibit 10.42 AGREEMENT REGARDING CHANGE IN CONTROL THIS AGREEMENT ("Agreement"), is made and entered into as of the 11th day of March, 2005 (the "Effective Date") by and between Hemispherx Biopharma, Inc. (the "Company") and William A. Carter...Change in Control Agreement • March 16th, 2005 • Hemispherx Biopharma Inc • Biological products, (no disgnostic substances) • Pennsylvania
Exhibit 10.60 ACCREDITED INVESTOR SUBSCRIPTION AGREEMENT Subscription Agreement for the Purchase of Hemispherx Biopharma, Inc. Common Stock Subject to the terms and conditions hereof, Value Management & Research ("Undersigned"), hereby irrevocably...Subscription Agreement • December 8th, 1998 • Hemispherx Biopharma Inc • Wholesale-drugs, proprietaries & druggists' sundries • New York
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • October 1st, 2024 • AIM ImmunoTech Inc. • Biological products, (no disgnostic substances) • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of September 30, 2024, between AIM ImmunoTech 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”).
WHEREAS:Common Stock Purchase Agreement • July 11th, 2005 • Hemispherx Biopharma Inc • Biological products, (no disgnostic substances) • Illinois
WHEREAS:Registration Rights Agreement • July 11th, 2005 • Hemispherx Biopharma Inc • Biological products, (no disgnostic substances) • Illinois
ARTICLE 2 REPRESENTATIONS AND WARRANTIESSupply Agreement • April 3rd, 2006 • Hemispherx Biopharma Inc • Biological products, (no disgnostic substances) • Washington
by and amongSecurities Purchase Agreement • January 27th, 2004 • Hemispherx Biopharma Inc • Biological products, (no disgnostic substances) • New York
Exhibit 10.1 SECURITIES PURCHASE AGREEMENT This Securities Purchase Agreement (this "Agreement") is dated as of July 30, 2004, among Hemispherx Biopharma, Inc., a Delaware corporation (the "Company"), and the purchasers identified on the signature...Securities Purchase Agreement • August 6th, 2004 • Hemispherx Biopharma Inc • Biological products, (no disgnostic substances) • Delaware
by and amongSecurities Purchase Agreement • March 13th, 2003 • Hemispherx Biopharma Inc • Biological products, (no disgnostic substances) • New York
PRE-FUNDED COMMON STOCK PURCHASE WARRANT AIM ImmunoTech Inc.Pre-Funded Common Stock Purchase Warrant • September 27th, 2019 • AIM ImmunoTech Inc. • Biological products, (no disgnostic substances) • New York
THIS PRE-FUNDED 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”) until this Warrant is exercised in full (the “Termination Date”) but not thereafter, to subscribe for and purchase from AIM ImmunoTech Inc., a Delaware corporation (the “Company”), up to ______ shares of common stock, par value $0.001 per share (the “Common Stock”) (as subject to adjustment hereunder, the “Warrant Shares”). 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).
Exhibit 10.2 Forbearance Agreement dated March 11, 2003, by and between ISI, GP Strategies Corporation and the Company FORBEARANCE AND SETTLEMENT AGREEMENT THIS FORBEARANCE AND SETTLEMENT AGREEMENT ("Agreement") is made as of March __, 2003, among...Forbearance Agreement • March 13th, 2003 • Hemispherx Biopharma Inc • Biological products, (no disgnostic substances) • New Jersey
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • April 1st, 2024 • AIM ImmunoTech Inc. • Biological products, (no disgnostic substances)
This REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of March 28, 2024, is entered into by and between AIM IMMUNOTECH, INC., a Delaware corporation (the “Company”), and ATLAS SCIENCES, LLC, a Utah limited liability company (together with it permitted assigns, the “Investor”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings set forth in the Equity 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”).
Exhibit 10.3 REGISTRATION RIGHTS AGREEMENT This Registration Rights Agreement (this "Agreement") is made and entered into as of July 30, 2004, by and among Hemispherx Biopharma, Inc., a Delaware corporation (the "Company"), and the investors signatory...Registration Rights Agreement • August 6th, 2004 • Hemispherx Biopharma Inc • Biological products, (no disgnostic substances) • Delaware
COMMON STOCK PURCHASE WARRANT hemispherx biopharma, inc.Common Stock Purchase Warrant • February 3rd, 2017 • Hemispherx Biopharma Inc • Biological products, (no disgnostic substances)
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 August 6, 2017 (the “Initial Exercise Date”) and on or prior to the close of business on five (5) year anniversary of the Initial Exercise Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from Hemispherx BioPharma, 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 • May 19th, 2009 • Hemispherx Biopharma Inc • Biological products, (no disgnostic substances) • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of May 18, 2009, between Hemispherx Biopharma, 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”).
Exhibit 10.38 AMENDED AND RESTATED EMPLOYMENT AGREEMENT THIS AMENDED AND RESTATED EMPLOYMENT AGREEMENT (the "Agreement") is made and entered into as of this 11th day of March 2005, between HEMISPHERX BIOPHARMA, INC., a Delaware corporation (the...Employment Agreement • March 16th, 2005 • Hemispherx Biopharma Inc • Biological products, (no disgnostic substances)
WHEREAS:Registration Rights Agreement • April 12th, 2006 • Hemispherx Biopharma Inc • Biological products, (no disgnostic substances) • Illinois
Exhibit 10.1 AMENDED AND RESTATED EMPLOYMENT AGREEMENT THIS AMENDED AND RESTATED EMPLOYMENT AGREEMENT (the "Agreement") is made and entered into as of this 1st day of January, 2004, between HEMISPHERX BIOPHARMA, INC., a Delaware corporation (the...Employment Agreement • September 15th, 2004 • Hemispherx Biopharma Inc • Biological products, (no disgnostic substances)
HEMISPHERX BIOPHARMA, INC. and AMERICAN STOCK TRANSFER & TRUST COMPANY, LLC, Rights Agent Amended and Restated Rights Agreement Dated as of November 14, 2017Rights Agreement • November 14th, 2017 • Hemispherx Biopharma Inc • Biological products, (no disgnostic substances) • Delaware
SECOND AMENDED AND RESTATED RIGHTS AGREEMENT, dated as of November 14, 2017 (the “Agreement”), between Hemispherx Biopharma, Inc., a Delaware corporation (the “Company”), and American Stock Transfer & Trust Company, LLC, a New York limited liability trust company (the “Rights Agent” or “AST”).
Exhibit 10.1 Escrow Agreement, effective as of May 31, 1999 by and among: The holders of Hemispherx Biopharma, Inc. warrants as set forth on Schedule A attached hereto ("Warrantholders"); HEMISPHERX BIOPHARMA, INC., a Delaware corporation with offices...Escrow Agreement • September 7th, 1999 • Hemispherx Biopharma Inc • Wholesale-drugs, proprietaries & druggists' sundries • New York
Hemispherx Biopharma, Inc. and American Stock Transfer & Trust Company, LLC, as Warrant Agent Warrant Agency Agreement Dated as of March 8, 2019 WARRANT AGENCY AGREEMENTWarrant Agency Agreement • March 8th, 2019 • Hemispherx Biopharma Inc • Biological products, (no disgnostic substances) • New York
WARRANT AGENCY AGREEMENT, dated as of March 8, 2019 (“Agreement”), between Hemispherx Biopharma, Inc., a Delaware corporation (the “Company”), and American Stock Transfer & Trust Company, LLC, a New York limited liability company (the “Warrant Agent”).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • February 3rd, 2017 • Hemispherx Biopharma Inc • Biological products, (no disgnostic substances) • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of February 1, 2017, between Hemispherx BioPharma, 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”).
Exhibit 2.1 AGREEMENT made as of March 11, 2003 by, and between Interferon Sciences, Inc. ("Seller"), and Hemispherx Biopharma, Inc. ("Buyer"). WITNESSETH: In consideration of the mutual covenants, agreements, representations and warranties herein...Transfer Agreement • March 13th, 2003 • Hemispherx Biopharma Inc • Biological products, (no disgnostic substances) • Delaware
Exhibit 10.39 AMENDED AND RESTATED ENGAGEMENT AGREEMENT THIS AMENDED AND RESTATED ENGAGEMENT AGREEMENT (the "Agreement") is made and entered into as of March 11, 2005 between Hemispherx Biopharma, Inc. a Delaware Corporation (the "Company") and...Engagement Agreement • March 16th, 2005 • Hemispherx Biopharma Inc • Biological products, (no disgnostic substances)
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • March 22nd, 2018 • Hemispherx Biopharma Inc • Biological products, (no disgnostic substances) • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of March 21, 2018, between Hemispherx BioPharma, 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”).
COMMON STOCK PURCHASE WARRANT HEMISPHERX BIOPHARMA, INC.Common Stock Purchase Warrant • May 19th, 2009 • Hemispherx Biopharma Inc • Biological products, (no disgnostic substances)
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, _____________ (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 May __, 2009 (the “Initial Exercise Date”) and on or prior to the close of business on the fifth anniversary of the date hereof (the “Termination Date”) but not thereafter, to subscribe for and purchase from Hemispherx Biopharma, Inc., a Delaware corporation (the “Company”), up to ______ shares (the “Warrant Shares”) of Common Stock; provided, however, that the five year period set forth above as the Termination Date shall be extended for the number of days during such period in which (i) trading in the Common Stock is suspended by any Trading Market, or (ii) the Registration Statement is not effective but in no event later than October __, 2009. he purchase price of one share of Common Stock under this Warrant shall be equal to the Exer
COMMON STOCK PURCHASE AGREEMENTCommon Stock Purchase Agreement • July 8th, 2008 • Hemispherx Biopharma Inc • Biological products, (no disgnostic substances) • Illinois
COMMON STOCK PURCHASE AGREEMENT (the “Agreement”), dated as of July 2, 2008, by and between HEMISPHERX BIOPHARMA, INC., a Delaware corporation (the “Company,” as further defined in Section 10), and FUSION CAPITAL FUND II, LLC, an Illinois limited liability company (the “Buyer”). Capitalized terms used herein and not otherwise defined herein are defined in Section 10 hereof.
Hemispherx Biopharma, Inc. Equity Distribution AgreementEquity Distribution Agreement • July 23rd, 2012 • Hemispherx Biopharma Inc • Biological products, (no disgnostic substances) • New York
Hemispherx Biopharma, Inc., a Delaware corporation (the “Company”), proposes to issue and sell through Maxim Group LLC (the “Agent”), as sales agent, shares of Common Stock, $0.001 par value per share, of the Company (the “Common Stock”) having an aggregate offering price of up to $75,000,000 (the “Shares”) on terms set forth herein. The Shares consist entirely of authorized but unissued shares of Common Stock to be issued and sold by the Company.
