0001102624-13-000212 Sample Contracts

AEOLUS PHARAMACEUTICALS, INC. SECURITIES PURCHASE AGREEMENT
Securities Purchase Agreement • February 19th, 2013 • Aeolus Pharmaceuticals, Inc. • Pharmaceutical preparations • New York

This Securities Purchase Agreement (this “Agreement”) is dated as of February 19, 2013, between Aeolus Pharmaceuticals, Inc., a Delaware corporation (the “Company”), and each of the purchasers identified on the signature pages hereto (each, a “Purchaser” and collectively, the “Purchasers”).

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AEOLUS PHARMACEUTICALS, INC. COMMON STOCK WARRANT
Warrant Agreement • February 19th, 2013 • Aeolus Pharmaceuticals, Inc. • Pharmaceutical preparations • New York

THIS CERTIFIES THAT, for value received, the Holder is entitled to purchase, and Aeolus Pharmaceuticals, Inc., a Delaware corporation (the “Company”), promises and agrees to sell and issue to the Holder, at any time, or from time to time, during the Exercise Period, up to shares of Common Stock, par value $0.01 per share (the “Common Stock”), of the Company, at the Exercise Price, subject to the provisions and upon the terms and conditions hereinafter set forth. This Warrant is one of the Unit Warrants issued in the Offering.

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