SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • May 21st, 2018 • Broadfin Capital, LLC • Pharmaceutical preparations • New York
This SECURITIES PURCHASE AGREEMENT (this “Agreement”), dated as of May 17, 2018, is by and among Biodelivery Sciences International, Inc., a Delaware corporation with headquarters located 4131 ParkLake Ave., Suite 225, Raleigh, North Carolina 27612, (the “Company”), and each of the investors listed on Schedule 1 hereto (individually, a “Buyer” and collectively, the “Buyers”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • May 21st, 2018 • Broadfin Capital, LLC • Pharmaceutical preparations
REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of May 17, 2018, by and among Biodelivery Sciences International, Inc., a Delaware corporation, with headquarters located at 4131 Parklane Avenue, Suite 225, Raleigh, NC 27612 (the “Company”), and the Lead Investor (as defined below) (each a “Investor” and collectively the “Investors”, provided that, if the context requires, references to “Investors” shall be deemed to be references to “Investor”).
FORM OF DIRECTOR RETIREMENT AGREEMENTForm of Director Retirement Agreement • May 21st, 2018 • Broadfin Capital, LLC • Pharmaceutical preparations • Delaware
This DIRECTOR RETIREMENT AGREEMENT (this “Agreement”) is entered into this 17th day of May, 2018 by and among BioDelivery Sciences International, Inc. (the “Company”), [ ] (the “Director”), and with respect to Sections 3 through 11, inclusive, and Sections 13 and 14 hereof, Broadfin Healthcare Master Fund Ltd. (“Broadfin”). The Director, the Company and Broadfin may be collectively referred to as the “parties” or individually referred to as a “party.”
AMENDMENT TO AGREEMENTAmendment to Agreement • May 21st, 2018 • Broadfin Capital, LLC • Pharmaceutical preparations
This amendment to agreement (this “Amendment ”) is made and entered into as of May 20, 2018, by and between BioDelivery Sciences International, Inc., a Delaware corporation (the “Company”), and Broadfin Healthcare Master Fund, Ltd., a Cayman Islands exempted company (“Broadfin Healthcare”), and its affiliates (such Affiliates (as defined herein) together with Broadfin Healthcare, “Broadfin”). Each of the Company and Broadfin is referred to herein as a “Party” and, collectively, as the “Parties”.
JOINT FILING AGREEMENTJoint Filing Agreement • May 21st, 2018 • Broadfin Capital, LLC • Pharmaceutical preparations
In accordance with Rule 13d-1(k)(1)(iii) under the Securities Exchange Act of 1934, as amended, the persons named below agree to the joint filing on behalf of each of them of a Statement on Schedule 13D (including amendments thereto) with respect to the shares of Common Stock, $0.001 par value per share, of BioDelivery Sciences International, Inc. This Joint Filing Agreement shall be filed as an Exhibit to such Statement.
