SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • April 30th, 2008 • Nastech Pharmaceutical Co Inc • Pharmaceutical preparations • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of April 25, 2008, between Nastech Pharmaceutical Company Inc., a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”).
March 7, 2008 Dr. Steven C. Quay, Chairman & CEO Nastech Pharmaceutical Company Inc. 3830 Monte Villa Parkway Bothell, WA 98021 Dear Dr. Quay:Placement Agent Agreement • April 30th, 2008 • Nastech Pharmaceutical Co Inc • Pharmaceutical preparations • New York
This letter (the “Agreement”) constitutes the agreement between Maxim Group, LLC (“Maxim” or the “Placement Agent”) and Nastech Pharmaceutical Company Inc. (together with its affiliates and subsidiaries, the “Company”), that Maxim shall serve as the placement agent for the Company,, on a “reasonable best efforts” basis, in connection with the proposed placement (the “Placement”) of registered securities (the “Securities”) of the Company, including shares (the “Shares”) of the Company’s common stock (the “Common Stock”) and warrants to purchase shares of Common Stock. The terms of such Placement and the Securities shall be mutually agreed upon by the Company and the purchasers (ekch, a “Purchaser” and collectively, the “Purchasers”) and nothing herein constitutes that Maxim would have the power or authority to bind the Company or any Purchaser or an obligation for the Company to issue any Securities or complete the Placement. This Agreement and the documents executed and delivered by th
ESCROW AGREEMENTEscrow Agreement • April 30th, 2008 • Nastech Pharmaceutical Co Inc • Pharmaceutical preparations • New York
This ESCROW AGREEMENT (this “Agreement”) made as of April 25, 2008 by and among Nastech Pharmaceutical Company Inc. (“Nastech Pharmaceutical” or the “Issuer”) and Maxim Group LLC (the “Placement Agent”), whose addresses and other information appear on the Information Sheet (as defined herein) attached to this Agreement, and American Stock Transfer & Trust Company, 59 Maiden Lane, New York, NY 10038 (the “Escrow Agent”).
