SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • June 26th, 2008 • Rxi Pharmaceuticals Corp • Pharmaceutical preparations • New York
THIS SECURITIES PURCHASE AGREEMENT (this “Agreement”), dated as of June 24, 2008, by and among RXi Pharmaceuticals Corporation, a Delaware corporation with headquarters located at 60 Prescott Street, Worcester, Massachusetts 01605 (the “Company”), and each investor identified on the signature pages hereto (individually, an “Investor” and collectively, the “Investors”).
1,073,299 Shares RXi Pharmaceuticals Corporation Common Stock, par value $0.0001 per share PLACEMENT AGENCY AGREEMENTPlacement Agency Agreement • June 26th, 2008 • Rxi Pharmaceuticals Corp • Pharmaceutical preparations • New York
able to identify, within five business days after being notified by the Company of its intention to make a 144 Sale, a purchaser for such Shares at a price not lower than 10% below the then-prevailing market price for such Shares, then such 144 Sale may be made by the undersigned without Jefferies acting as broker beginning after the expiration of such five business day period. In the event Jefferies acts as broker with respect to a 144 Sale, then Jefferies shall be entitled to a commission with respect to such sale. The commission charged by Jefferies shall be the lowest commission that it charges comparable customers for comparable transactions (i.e., on a “most favored nations” basis), which currently is $0.05 per share;
