AMENDMENT NO. 1 TO AGREEMENT AND PLAN OF MERGER AND REORGANIZATIONAgreement and Plan of Merger and Reorganization • March 30th, 2020 • BioPharmX Corp • Pharmaceutical preparations
THIS AMENDMENT NO. 1 TO AGREEMENT AND PLAN OF MERGER (this “Amendment”), is made and entered into as of March 24, 2020 (the “First Amendment Effective Date”), by and among BioPharmX, a Delaware corporation (“Parent”), BITI Merger Sub, Inc. a Delaware corporation and wholly owned subsidiary of Public Company (“Merger Sub”), and Timber Pharmaceuticals LLC, a New Jersey limited liability company (“Company”). Capitalized terms used herein and not otherwise defined shall have the meanings assigned to such terms in that certain Agreement and Plan of Merger and Reorganization, made and entered into as of January 28, 2020, by and among Parent, Merger Sub and Company (the “Merger Agreement”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • March 30th, 2020 • BioPharmX Corp • Pharmaceutical preparations • New York
REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of March 27, 2020, by and among BioPharmX Corporation, a Delaware corporation, with headquarters located at 900 E. Hamilton Ave., Suite 100, Campbell, California 95008, to be renamed “Timber Pharmaceuticals, Inc.” pursuant to the Merger Agreement (as defined below) (the “Company”), and the investors listed on the Schedule of Buyers attached hereto (each, a “Buyer” and collectively, the “Buyers”).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • March 30th, 2020 • BioPharmX Corp • Pharmaceutical preparations • New York
SECURITIES PURCHASE AGREEMENT (this “Agreement”), dated as of March 27, 2020, by and among Timber Pharmaceuticals LLC, a Delaware limited liability company, with headquarters located at 50 Tice Boulevard, Suite A26, Woodcliff Lake, NJ 07677 (“Timber”), BioPharmX Corporation, a Delaware corporation, with headquarters located at 900 E. Hamilton Ave., Suite 100, Campbell, California 95008 (“BioPharmX”), and the investors listed on the Schedule of Buyers attached hereto (each, a “Buyer” and collectively, the “Buyers”).
