THIS WARRANT WILL BE VOID IF REDEEMED OR NOT EXERCISED PRIOR TO
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NUMBER
W-
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WARRANTS
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[SYMBOL]
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THIS
WARRANT WILL BE VOID
IF
REDEEMED OR NOT
EXERCISED
PRIOR TO
5:00 P.M.
[NEW YORK CITY] TIME
ON
[_____________], 2012
CUSIP
WARRANT
THIS
CERTIFIES THAT, for value received [__________] is the registered holder
of a
Warrant or Warrants expiring [__________], 2012 or earlier upon redemption
(the
"Warrant") to purchase one-quarter (¼) of fully paid and non-assessable share of
Common Stock, par value $0.001 per share ("Shares"), of Skystar
Bio-Pharmaceutical Company, a Nevada corporation (the "Company"), for each
Warrant evidenced by this Warrant Certificate. The Warrant entitles the holder
thereof to purchase from the Company such number of Shares of the Company
at the
price of $[_____] per ¼ share (the “Warrant Price”), upon surrender of this
Warrant Certificate accompanied by the annexed duly executed exercise form
and
payment of the Warrant Price at the office or agency of [__________] (the
"Warrant Agent") (such payment to be made by check made payable to the
Warrant Agent), but only subject to the conditions set forth herein and in
the
Warrant Agreement between the Company and the Warrant Agent, and only if
(i) at
the time a holder seeks to exercise this Warrant, a registration statement
is
effective with respect to the Common Stock underlying the Warrants and (ii)
the
Common Stock has been registered or qualified or deemed to be exempt under
the
securities laws of the state of residence of the holder of the
Warrants.
The
Warrant Agreement provides that upon the occurrence of certain events, the
Warrant Price and the number of Shares purchasable hereunder, set forth on
the
face hereof, may, subject to certain conditions, be adjusted.
The
Warrants are exercisable in even numbers, for whole Shares only, and no fraction
of a Share will be issued upon any exercise of a Warrant. If the holder of
a
Warrant would be entitled to receive a fraction of a Share upon any exercise
of
a Warrant, the Company shall, upon such exercise, round up or down to the
nearest whole number the number of Shares to be issued to such
holder.
Upon
any
exercise of the Warrant for less than the total number of full Shares provided
for herein, there shall be issued to the registered holder hereof or his
assignee a new Warrant Certificate covering the number of Shares for which
the
Warrant has not been exercised.
Warrant
Certificates, when surrendered at the office or agency of the Warrant Agent
by
the registered holder hereof in person or by attorney duly authorized in
writing, may be exchanged in the manner and subject to the limitations provided
in the Warrant Agreement, but without payment of any service charge, for another
Warrant Certificate or Warrant Certificates of like tenor and evidencing in
the
aggregate a like number of Warrants.
Upon
due
presentment for registration of transfer of the Warrant Certificate at the
office or agency of the Warrant Agent, a new Warrant Certificate or Warrant
Certificates of like tenor and evidencing in the aggregate a like number of
Warrants shall be issued to the transferee in exchange for this Warrant
Certificate, subject to the limitations provided in the Warrant Agreement,
without charge except for any applicable tax or other governmental
charge.
The
Company and the Warrant Agent may deem and treat the registered holder as the
absolute owner of this Warrant Certificate (notwithstanding any notation of
ownership or other writing hereon made by anyone), for the purpose of any
exercise hereof, of any distribution to the registered holder and for all other
purposes, and neither the Company nor the Warrant Agent shall be affected by
any
notice to the contrary.
This
Warrant does not entitle the registered holder to any of the rights of a
stockholder of the Company.
[Commencing
on the date which is 6 months from the date of the prospectus], the Company
reserves the right to redeem the Warrant, in whole but not in part, at any
time
prior to its exercise, with a notice of redemption in writing to the holders
of
record of the Warrant, giving 30 days' notice of such redemption at any
time after the Warrant becomes exercisable if the last sale price of the Shares
has been at least $[_____] per share on each of 20 consecutive trading days
within any 30 trading day period ending on the third business day prior to
the
30-day notice of such redemption is given. The redemption price of the Warrants
is to be $0.01 per Warrant. Any Warrant either not exercised or tendered back
to
the Company by the end of the date specified in the notice of redemption shall
be canceled on the books of the Company and have no further value except for
the
$0.01 redemption price.
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By:
SKYSTAR BIO-PHARMACEUTICAL COMPANY
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By:
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By:
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President
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Secretary |
EXERCISE
FORM
Form
to
be used to exercise Warrant:
Rm.
00000, Xxxxxx Xxxxx, Xx.0, Xxxxxxx Xxxx Xxxxx,
Gaoxin
District, Xian Province, P.R. China
Date:
__________, 20__
The
undersigned hereby elects irrevocably to exercise all of the within Warrants
and
to purchase shares of Common Stock of Skystar Bio-Pharmaceutical Company and
hereby makes payment of $_______ (at the rate of $[____] per share of Common
Stock) in payment of the Warrant Price pursuant thereto. Please issue the Common
Stock as to which the within Warrants are exercised in accordance with the
instructions given below.
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Signature
________________________________
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Signature
Guaranteed
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INSTRUCTIONS
FOR REGISTRATION OF SECURITIES
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Name
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(Print
in Block Letters)
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Address
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Social
Security or Tax Identification Number
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NOTICE:
THE SIGNATURE TO THIS FORM MUST CORRESPOND WITH THE NAME AS WRITTEN UPON THE
FACE OF THE WITHIN WARRANT CERTIFICATE IN EVERY PARTICULAR WITHOUT ALTERATION
OR
ENLARGEMENT OR ANY CHANGE WHATSOEVER, AND MUST BE GUARANTEED BY A BANK, OTHER
THAN A SAVINGS BANK, OR BY A TRUST COMPANY OR BY A FIRM HAVING MEMBERSHIP ON
A
REGISTERED NATIONAL SECURITIES EXCHANGE.
ASSIGNMENT
To
Be
Executed by the Registered Holder in Order to Assign Warrants
For
Value
Received, ______________ hereby sell, assign, and transfer unto
____________________________________________________________
(PLEASE
TYPE OR PRINT NAME AND ADDRESS)
____________________________________________________________
(SOCIAL
SECURITY OR TAX IDENTIFICATION NUMBER)
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and
be delivered to
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(PLEASE
PRINT OR TYPE NAME AND ADDRESS)
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of
the
Warrants represented by this Warrant Certificate, and hereby irrevocably
constitute and appoint Attorney to transfer this Warrant Certificate on the
books of the Company, with full power of substitution in the
premises.
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Dated:
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(SIGNATURE)
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THE
SIGNATURE TO THE ASSIGNMENT OF THE SUBSCRIPTION FORM MUST CORRESPOND TO THE
NAME
WRITTEN UPON THE FACE OF THIS WARRANT CERTIFICATE IN EVERY PARTICULAR, WITHOUT
ALTERATION OR ENLARGEMENT OR ANY CHANGE WHATSOEVER, AND MUST BE GUARANTEED
BY A
COMMERCIAL BANK OR TRUST COMPANY OR A MEMBER FIRM OF THE AMERICAN STOCK
EXCHANGE, NEW YORK STOCK EXCHANGE, PACIFIC STOCK EXCHANGE OR CHICAGO STOCK
EXCHANGE.
