AVAX TECHNOLOGIES, INC. Up to $1,000,000 Aggregate Principal Amount of 5% Convertible Notes due May 17, 2004 NOTE PURCHASE AGREEMENT Dated as of November 17, 2003Note Purchase Agreement • December 9th, 2003 • Avax Technologies Inc • Biological products, (no disgnostic substances) • Delaware
AVAX Technologies, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions contained herein, to sell to the Purchasers listed on the signature pages hereto (individually, a “Purchaser” and collectively the “Purchasers”), up to $1,000,000 aggregate principal amount of the Company’s 5% Convertible Notes Due May 17, 2004 (individually, a “Note” and collectively, the “Notes”) and the warrants to purchase up to 7,692,300 fully paid and non-assessable shares of common stock, par value $.004 per share, of the Company (the “Common Stock”) for $0.143 per share (individually a “Warrant” and collectively, the “Warrants”). The Notes will be convertible into shares of Common Stock or other securities of the Company, as more fully described therein.
ContractConvertible Note • December 9th, 2003 • Avax Technologies Inc • Biological products, (no disgnostic substances) • Delaware
THIS NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933 AND MAY NOT BE SOLD, TRANSFERRED OR ASSIGNED UNLESS SO REGISTERED OR AN EXEMPTION FROM REGISTRATION UNDER SAID ACT IS AVAILABLE.
