Notice to Investors in DepoMed, Inc. Private Placement of Common Stock Units June 8, 2001Subscription Agreement • August 3rd, 2001 • Depomed Inc • Pharmaceutical preparations
Reference is made to the Subscription Agreement (the "Subscription Agreement") to purchase Common Stock Units ("Units") of DepoMed, Inc. (the "Company") distributed to potential investors in the pending private placement of Units (the "Private Placement").
SUBSCRIPTION AGREEMENT DEPOMED, INC. $10,000,000 COMMON STOCK UNITSSubscription Agreement • August 3rd, 2001 • Depomed Inc • Pharmaceutical preparations • New York
This Subscription Agreement (this "Agreement") is made between DepoMed, Inc., a California corporation (the "Company"), and the undersigned prospective purchaser who is subscribing hereby for units of the Company's securities (the "Units"), each Unit consisting of two shares of the Company's common stock, no par value (the "Common Stock"), and one warrant (each a "Warrant" and collectively the "Warrants") to purchase one share of Common Stock in the form of Exhibit A attached hereto with an exercise price equal to the Stock Purchase Price (as defined below) plus $0.125. The Company desires to offer and sell (the "Offering") Ten Million Dollars ($10,000,000.00) of Units (the "Offering Amount"), with each Unit having a purchase price per Unit equal to the sum of (i) $0.125 and (ii) two times the Stock Purchase Price, such sum being referred to herein as the "Offering Price"; provided, however, that the Company may, in its sole discretion, increase the Offering Amount to an amount not to
