PLACEMENT AGENT COMMON STOCK PURCHASE WARRANT VIVUS, INC.Vivus Inc • June 19th, 2020 • Pharmaceutical preparations • New York
THIS PLACEMENT AGENT 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 Authorized Share Approval Date (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on [ ](1) (the “Termination Date”) but not thereafter, to subscribe for and purchase from VIVUS, Inc., a Delaware corporation (the “Company”), up to shares (as subject to adjustment hereunder, the “Warrant Shares”) of 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 is issued pursuant to that certain Engagement Agreement, by and between the Company and H.C. Wainwright & Co., LLC, dated as of April 1, 2020.
COMMON STOCK PURCHASE WARRANT VIVUS, INC.Common Stock Purchase Warrant • June 19th, 2020 • Vivus Inc • Pharmaceutical preparations • New York
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 Authorized Share Approval Date (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on [ ](1) (the “Termination Date”) but not thereafter, to subscribe for and purchase from VIVUS, Inc., a Delaware corporation (the “Company”), up to shares (as subject to adjustment hereunder, the “Warrant Shares”) of 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).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • June 19th, 2020 • Vivus Inc • Pharmaceutical preparations • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of , 2020, between VIVUS, Inc., a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser,” and collectively the “Purchasers”).
