PURCHASE AGREEMENTPurchase Agreement • November 28th, 2011 • Oxigene Inc • Biological products, (no disgnostic substances) • New York
PURCHASE AGREEMENT (the “Agreement”), dated as of November 28, 2011, by and between OXiGENE, INC., a Delaware corporation (the “Company”), and LINCOLN PARK CAPITAL FUND, LLC, an Illinois limited liability company (the “Investor”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • November 28th, 2011 • Oxigene Inc • Biological products, (no disgnostic substances) • New York
REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of November 28, 2011, by and between OXiGENE, INC., a Delaware corporation (the “Company”), and LINCOLN PARK CAPITAL FUND, LLC, an Illinois limited liability company (together with its permitted assigns, the “Buyer”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings set forth in the Purchase Agreement by and between the parties hereto, dated as of the date hereof (as amended, restated, supplemented or otherwise modified from time to time, the “Purchase Agreement”).
AMENDMENT NO. 5 TO STOCKHOLDER RIGHTS AGREEMENTStockholder Rights Agreement • November 28th, 2011 • Oxigene Inc • Biological products, (no disgnostic substances) • Delaware
This Amendment No. 5 to Stockholder Rights Agreement (the “Amendment”), dated as of November 28, 2011, by and between OXiGENE, Inc., a Delaware corporation (the “Company”), and American Stock Transfer & Trust Company, LLC (the “Rights Agent”), amends that certain Stockholder Rights Agreement, dated as of March 24, 2005, as amended as of October 1, 2008, October 14, 2009, March 10, 2010 and January 18, 2011, between the Company and the Rights Agent (as so amended, the “Agreement”).
