Shares Bioheart, Inc. Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • November 16th, 2007 • Bioheart, Inc. • Services-commercial physical & biological research • New York
Merriman Curhan Ford & Co. Dawson James Securities, Inc. As Representatives of the Several Underwriters c/o Merriman Curhan Ford & Co. 600 California Street, 9th Floor San Francisco, California 94108
THIS WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE HEREOF HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”) OR ANY OTHER SECURITIES LAWS AND MAY NOT BE OFFERED FOR SALE, SOLD, TRANSFERRED, PLEDGED OR...Bioheart, Inc. • November 16th, 2007 • Services-commercial physical & biological research • Florida
This REPRESENTATIVE’S WARRANT (this “Warrant”) of Bioheart, Inc., a Florida corporation (the “Company”), is being issued pursuant to that certain Underwriting Agreement, dated as of November [ ], 2007 (the “Underwriting Agreement”), by and between the Company and Merriman Curhan Ford & Co. and Dawson James Securities, Inc., as representatives of the underwriters named in Schedule I thereto (the “Representatives”), relating to the initial public offering (the “Offering”) of [ _] shares of common stock, $0.001 par value per share, of the Company (the “Common Stock”) underwritten by the Representatives and the underwriters named in the Underwriting Agreement.
