COMMON STOCK PURCHASE WARRANT To Purchase Shares of Common Stock of ECHO THERAPEUTICS, INC.Echo Therapeutics, Inc. • December 3rd, 2009 • Electromedical & electrotherapeutic 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 December 3, 2009 (the “Initial Exercise Date”) and on or prior to the close of business on December 3, 2014 (the “Termination Date”) but not thereafter, to subscribe for and purchase from Echo Therapeutics, Inc., a Delaware corporation (the “Company”), up to shares (the “Warrant Shares”) of Common Stock, par value $0.01 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) below. This is the Warrant referenced in the Common Stock and Warrant Purchase Agreement by and among the Company and the other parties thereto dated November 30, 2009 (the “Purchase Agreement”).
COMMON STOCK AND WARRANT PURCHASE AGREEMENT Dated as of November 30, 2009 by and among ECHO THERAPEUTICS, INC. and THE PURCHASERS LISTED ON EXHIBIT ACommon Stock and Warrant Purchase Agreement • December 3rd, 2009 • Echo Therapeutics, Inc. • Electromedical & electrotherapeutic apparatus • New York
This COMMON STOCK AND WARRANT PURCHASE AGREEMENT (this “Agreement”), dated as of November 30, 2009, is entered into by and among Echo Therapeutics, Inc., a Delaware corporation (the “Company”), and the purchasers listed on Exhibit A hereto (each a “Purchaser” and collectively, the “Purchasers”), for the purchase and sale of shares of the Company’s common stock, par value $0.01 per share (the “Common Stock”) by the Purchasers.
