14,000,000 Shares of Common Stock ($0.0001 Par Value) Pre-Funded Warrants to Purchase 4,333,334 Shares of Common Stock Common Warrants to Purchase 18,333,334 Shares of Common Stock Novan, Inc. UNDERWRITING AGREEMENTUnderwriting Agreement • March 3rd, 2020 • Novan, Inc. • Pharmaceutical preparations
Contract Type FiledMarch 3rd, 2020 Company IndustryNovan, Inc., a Delaware corporation (the “Issuer”), proposes to sell to the several underwriters (the “Underwriters”) named in Schedule I hereto for whom H.C. Wainwright & Co., LLC is acting as representative (“you” or the “Representative”) an aggregate of (i) 14,000,000 shares (the “Firm Shares”) of the Issuer’s common stock, $0.0001 par value (the “Common Stock”), (ii) pre-funded warrants to purchase 4,333,334 shares of Common Stock at an exercise price of $0.0001 per share (the “Pre-Funded Warrants”) in the form attached hereto as Exhibit A and (iii) warrants to purchase 18,333,334 shares of Common Stock at an exercise price of $0.30 per share (the “Firm Warrants”) in the form attached hereto as Exhibit B. The shares of Common Stock underlying the Firm Warrants are hereinafter referred to as the “Firm Warrant Shares.” The shares of Common Stock underlying the Pre-Funded Warrants are hereinafter referred to as the “Pre-Funded Warrant Shares.” The Firm Shares, the Pre-Funded Warrants,
38,888,889 Shares of Common Stock ($0.001 Par Value) Warrants to Purchase up to 38,888,889 Shares of Common Stock SCYNEXIS, Inc. Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • December 12th, 2019 • Scynexis Inc • Pharmaceutical preparations
Contract Type FiledDecember 12th, 2019 Company IndustrySCYNEXIS, Inc., a Delaware corporation (the “Issuer”), proposes to sell to the several underwriters (the “Underwriters”) named in Schedule I hereto for whom H.C. Wainwright & Co., LLC is acting as representative (“you” or the “Representative”) an aggregate of (i) 38,888,889 shares (the “Firm Shares”) of the Issuer’s common stock, $0.001 par value (the “Common Stock”) and (ii) warrants to purchase 38,888,889 shares of Common Stock at an exercise price of $1.10 per share (the “Firm Warrants”) in the form attached hereto as Exhibit A. The shares of Common Stock underlying the Firm Warrants are hereinafter referred to as the “Firm Warrant Shares.” The Firm Shares, the Firm Warrants and the Firm Warrant Shares are hereinafter referred to as the “Firm Securities.” The Company also proposes to sell to the Underwriters, at the option of the Underwriters, up to (i) an additional 5,833,333 shares (the “Option Shares” and together with the Firm Shares, the “Shares”) of Common Stock, and/or (ii) a