ARENA PHARMACEUTICALS, INC. WARRANTArena Pharmaceuticals Inc • December 30th, 2003 • Pharmaceutical preparations • New York
Arena Pharmaceuticals, Inc., a Delaware corporation (the “Company”), hereby certifies that, for value received, or its registered assigns (the “Holder”), is entitled to purchase from the Company up to a total of shares of common stock, $0.0001 par value per share (the “Common Stock”), of the Company (each such share, a “Warrant Share” and all such shares, the “Warrant Shares”) at an exercise price equal to $10 per share (as adjusted from time to time as provided in Section 9, the “Exercise Price”), at any time and from time to time from and after the date hereof and through and including the seven (7) year anniversary of the date hereof (the “Expiration Date”), and subject to the following terms and conditions. This Warrant (this “Warrant”) is one of a series of similar warrants issued pursuant to that certain Securities Purchase Agreement, dated as of the date hereof, by and among the Company and the Purchasers identified therein (the “Purchase Agreement”). All such warrants are refer
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • December 30th, 2003 • Arena Pharmaceuticals Inc • Pharmaceutical preparations • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of December 24, 2003, among Arena 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”).
AMENDMENT NO. 1 TO RIGHTS AGREEMENTRights Agreement • December 30th, 2003 • Arena Pharmaceuticals Inc • Pharmaceutical preparations • New York
This Amendment No. 1, dated as of December 24, 2003 (the “Amendment”), is between Arena Pharmaceuticals, Inc., a Delaware corporation (the “Company”), and Computershare Trust Company, as Rights Agent (the “Rights Agent”).
ARENA PHARMACEUTICALS, INC. UNIT WARRANTArena Pharmaceuticals Inc • December 30th, 2003 • Pharmaceutical preparations • New York
Arena Pharmaceuticals, Inc., a Delaware corporation (the “Company”), hereby certifies that, for value received, or its registered assigns (the “Holder”), is entitled to purchase from the Company at any time on one occasion from and after the date hereof and through and including the earlier of (i) the twelve month anniversary of the Trigger Date and (ii) the date that is 20 days after receipt of notice by Holder from the Company of the bona fide exercise, in whole or in part, of any Unit Warrant (the “Expiration Date”) and subject to the following terms and conditions, up to a total of Additional Units (as adjusted for any stock dividend, stock split, stock combination or other similar event) at an exercise price equal to $10,000 per Additional Unit (as adjusted for any stock dividend, stock split, stock combination or other similar event) (the “Exercise Price”). Each “Additional Unit” entitles the Holder to (a) one share of Series B-2 Convertible Preferred Stock, $0.0001 par value per
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • December 30th, 2003 • Arena Pharmaceuticals Inc • Pharmaceutical preparations • New York
This Registration Rights Agreement (this “Agreement”) is made and entered into as of December 24, 2003, among Arena Pharmaceuticals, Inc., a Delaware corporation (the “Company”), and the investors signatory hereto (each such investor is a “Purchaser” and all such investors are, collectively, the “Purchasers”).
