SUBSCRIPTION AGREEMENT FOR SECURITIES OF ARTES MEDICAL, INC. SEPTEMBER [___], 2008Subscription Agreement • September 29th, 2008 • Artes Medical Inc • Surgical & medical instruments & apparatus • New York
THIS SUBSCRIPTION AGREEMENT (the “Agreement”) is made and entered into as of September [___], 2008, by and between Artes Medical, Inc., a Delaware corporation (the “Company”), and the person or entity listed on the signature page hereof (“Investor”).
COMMON STOCK PURCHASE WARRANT To Purchase [ ] Shares of Common Stock of ARTES MEDICAL, INC.Artes Medical Inc • September 29th, 2008 • Surgical & medical instruments & apparatus
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, Empire Asset Management Company (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 sixth (6th) month anniversary of the date hereof (the “Initial Exercise Date”) and on or prior to the close of business on the fifth (5th) year anniversary of the date of issuance of this Warrant (the “Termination Date”) but not thereafter, to subscribe for and purchase from Artes Medical, Inc., a Delaware corporation (the “Company”), up to [ ] shares (the “Warrant Shares”) of Common Stock, par value $0.001 per share, of the Company (the “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).
Empire Asset Management Company 2 Rector Street, 15th Floor New York, NY 10006Artes Medical Inc • September 29th, 2008 • Surgical & medical instruments & apparatus • New York
Artes Medical, Inc. 5870 Pacific Center Blvd. San Diego, CA 92121 Attn: Christopher J. Reinhard, Executive Chairman of the Board of Directors
COMMON STOCK PURCHASE WARRANT To Purchase [ ] Shares of Common Stock of ARTES MEDICAL, INC.Artes Medical Inc • September 29th, 2008 • Surgical & medical instruments & apparatus
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 the sixth (6th) month anniversary of the date hereof (the “Initial Exercise Date”) and on or prior to the close of business on the fifth (5th) year anniversary of the Initial Exercise Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from Artes Medical, Inc., a Delaware corporation (the “Company”), up to [ ] shares (the “Warrant Shares”) of Common Stock, par value $0.001 per share, of the Company (the “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).
