COMMON STOCK SUBSCRIPTION AGREEMENT OF HEARx Ltd.Common Stock Subscription Agreement • May 6th, 2002 • Hearx LTD • Retail-retail stores, nec • Delaware
THIS COMMON STOCK SUBSCRIPTION AGREEMENT (the “Subscription Agreement”) is made and entered into as of this day of March, 2002, by and between HEARx Ltd. (the “Company”) and the undersigned (the “Investor,” and the Investor together with the Company each a “Party” and collectively the “Parties”). Pursuant to the terms of this Subscription Agreement, the Investor hereby subscribes for and agrees to purchase shares of common stock, par value $.10 per share (the “Common Stock”) of the Company and warrants to purchase additional shares of Common Stock.
HEARx Ltd. WARRANTWarrant Agreement • May 6th, 2002 • Hearx LTD • Retail-retail stores, nec • Delaware
HEARx Ltd., a Delaware corporation (the “Company”), hereby certifies that, for value received, or his registered assigns (“Holder”), is entitled, subject to the terms set forth below, to purchase from the Company up to a total of shares of common stock, $.10 par value per share (the “Common Stock”), of the Company (each such share, a “Warrant Share” and all such shares, the “Warrant Shares”) at an exercise price equal to $1.15 per share (as adjusted from time to time as provided in Section 7, the “Exercise Price”), at any time and from time to time from and after the date hereof and through and including March 29, 2005 (the “Expiration Date”), and subject to the following terms and conditions:
