FORM OF COMMON STOCK PURCHASE WARRANT Athenex, Inc.Athenex, Inc. • November 3rd, 2022 • Pharmaceutical preparations
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, [ ] or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the date hereof (the “Issue Date”) and on or prior to 5:00 p.m. (New York City time) on August 15, 2027, (the “Termination Date”) but not thereafter, to subscribe for and purchase from Athenex, Inc., a Delaware corporation (the “Company”), up to [ ] shares (as subject to adjustment hereunder, the “Warrant Shares”) of common stock, $0.001 par value per share, of the Company (“Common Stock”). The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b). This Warrant shall initially be issued and maintained in the form of a security held in book-entry form and the Depository Trust Company or its nominee (“DTC”) shall initially be the sole registered holder of this W
WARRANT AGENCY AGREEMENTWarrant Agency Agreement • November 3rd, 2022 • Athenex, Inc. • Pharmaceutical preparations • New York
This Warrant Agency Agreement (“Warrant Agreement”) is made as of August 15, 2022, by and among Athenex, Inc., a Delaware corporation (the “Company”), and Computershare Inc., a Delaware corporation (“Computershare”), and its affiliate Computershare Trust Company, N.A. a federally chartered trust company (collectively with Computershare, the “Warrant Agent”).
