CYTORI THERAPEUTICS, INC. DEALER-MANAGER AGREEMENTDealer-Manager Agreement • July 9th, 2018 • Cytori Therapeutics, Inc. • Surgical & medical instruments & apparatus • New York
The following will confirm our agreement relating to the proposed rights offering (the “Rights Offering”) to be undertaken by Cytori Therapeutics, Inc., a Delaware corporation (the “Company”), pursuant to which the Company will distribute to holders of record of its common stock, par value $0.001 per share (the “Common Stock”), and Series B Preferred Stock, par value $0.001 per share (the “Series B Preferred Stock”), subscription rights (the “Rights”) to subscribe for up to an aggregate of 25,000 units (the “Units”), each Unit consisting of one share of Preferred Stock (the “Rights Shares”) and 200 warrants, with each warrant representing the right to purchase one share of Common Stock (the “Rights Warrants” and the Rights Shares, the Rights Warrants and the shares of Common Stock issuable upon conversion of the Rights Shares and exercise of the Rights Warrants, the “Securities”), at a subscription price of $1,000 per Unit in cash (the “Subscription Price”).
WARRANT AGENT AGREEMENTWarrant Agent Agreement • July 9th, 2018 • Cytori Therapeutics, Inc. • Surgical & medical instruments & apparatus • New York
WARRANT AGENT AGREEMENT made as of July ___, 2018 ("Issuance Date"), between Cytori Therapeutics, Inc., a Delaware corporation (the "Company"), and Broadridge Corporate Issuer Solutions, Inc., a corporation having its principal offices in Philadelphia, Pennsylvania (the "Warrant Agent").
San Diego, California 92121Letter Agreement • July 9th, 2018 • Cytori Therapeutics, Inc. • Surgical & medical instruments & apparatus
Reference is hereby made to that certain Dealer-Manager Agreement, dated June 22, 2018 (the “Dealer-Manager Agreement”), by and between Cytori Therapeutics, Inc. (the “Company”) and Maxim Group LLC, as dealer-manager (the “Dealer-Manager”). Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Dealer-Manager Agreement.
