COMMON STOCK PURCHASE WARRANT To Purchase [50% X (Issue Amount)/(Conversion Price)] Shares of Common Stock of ACCESS PHARMACEUTICALS, INC.Warrant Agreement • March 7th, 2008 • Sco Capital Partners LLC • Pharmaceutical preparations • New York
THIS IS TO CERTIFY THAT _______________, or registered assigns (the “Holder”), is entitled, during the Exercise Period (as hereinafter defined), to purchase from Access Pharmaceuticals, Inc., a Delaware corporation (the “Company”), the Warrant Stock (as hereinafter defined and subject to adjustment as provided herein), in whole or in part, at a purchase price of $3.50 per share (as adjusted herein), all on and subject to the terms and conditions hereinafter set forth.
AMENDED AND RESTATED INVESTOR RIGHTS AGREEMENTInvestor Rights Agreement • March 7th, 2008 • Sco Capital Partners LLC • Pharmaceutical preparations • New York
This Agreement is being entered into pursuant to the Preferred Stock and Warrant Purchase Agreement, dated as of November 7, 2007, by and among the Company and the Purchasers, as amended. The Company and certain of the Purchasers (such Purchasers, the “Original Purchasers”) entered into an Investor Rights Agreement, dated as of November 10, 2007 (the “Original Investor Rights Agreement”) in connection with entering into a Preferred Stock and Warrant Purchase Agreement dated as of November 7, 2007 (the “Original Purchase Agreement”). On the date hereof, the Company, the requisite Original Purchasers and certain additional Purchasers have amended and restated the Original Purchase Agreement (the Original Purchase Agreement, as so amended and restated, the “Purchase Agreement”), and, in connection therewith, the Company and the Purchasers hereby amend and restate the Original Investor Rights Agreement as set forth below.
AMENDED AND RESTATED PREFERRED STOCK AND WARRANT PURCHASE AGREEMENT by and among Access Pharmaceuticals, Inc. and the parties named herein on Schedule 1, as Purchasers February 4, 2008Preferred Stock and Warrant Purchase Agreement • March 7th, 2008 • Sco Capital Partners LLC • Pharmaceutical preparations • New York
This AMENDED AND RESTATED PREFERRED STOCK AND WARRANT PURCHASE AGREEMENT (this “Agreement”) is dated as of February 4, 2008, among Access Pharmaceuticals, Inc., a Delaware corporation (the “Company”), and the purchasers identified on Schedule 1 hereto (each a “Purchaser” and collectively the “Purchasers”).
