Form of Common Warrant COMMON STOCK PURCHASE WARRANT OPGEN, Inc.Opgen Inc • October 28th, 2019 • Services-medical laboratories • 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 date hereof (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 OpGen, Inc., a Delaware corporation (the “Company”), up to ______ shares of common stock, par value $0.01 per share (the “Common Stock”) (as subject to adjustment hereunder, the “Warrant Shares”). 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 the Registration Statement which Registration Statement also registers the Warrant Shares issuable upon exercise of this Warrant.
UNDERWRITER’S COMMON STOCK PURCHASE WARRANT OPGEN, Inc.Opgen Inc • October 28th, 2019 • Services-medical laboratories • New York
THIS UNDERWRITER’S 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 “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 OpGen, Inc., a Delaware corporation (the “Company”), up to ______ shares of common stock, par value $0.01 per share (the “Common Stock”) (as subject to adjustment hereunder, the “Warrant Shares”). 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 the Registration Statement which Registration Statement also registers the Warrant Shares issuable upon exercise of this Warrant.
OpGen, Inc. 2,590,170 Shares of Common Stock Pre-Funded Warrants to Purchase 2,109,830 Shares of Common Stock and Warrants to Purchase 4,700,000 Shares of Common Stock Underwriting AgreementUnderwriting Agreement • October 28th, 2019 • Opgen Inc • Services-medical laboratories • New York
OpGen, Inc., a company incorporated under the laws of the State of Delaware (the “Company”), proposes to issue and sell to the several underwriters named in Schedule A (the “Underwriters”) (i) an aggregate of (a) 2,590,170 shares of common stock (the “Firm Shares”), par value $0.01 per share, of the Company (the “Common Stock”) and (b) 2,109,830 pre-funded warrants to purchase 2,109,830 shares of Common Stock at an exercise price of $0.01 per share (the “Pre-Funded Warrants”); and (ii) warrants to purchase 4,700,000 shares of Common Stock (the “Firm Warrants” and, collectively with the Firm Shares and the Pre-Funded Warrants, the “Firm Securities”). The amount and form of the Firm Securities to be purchased by each Underwriter is set forth opposite its name on Schedule A hereto. The Company also proposes to sell to each Underwriter, at the option of the Underwriter, up to an additional 705,000 shares of Common Stock (the “Option Shares”) and/or warrants to purchase up to an aggregate o
