FORM OF SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • January 29th, 2015 • Invivo Therapeutics Holdings Corp. • Surgical & medical instruments & apparatus • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of January 28, 2015, between InVivo Therapeutics Holdings Corp., a Nevada corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”).
STRICTLY CONFIDENTIAL Mark D. Perrin Chief Executive Officer InVivo Therapeutics Holdings Corp. One Kendall Square Suite B14402 Cambridge, MA 02139 Dear Mr. Perrin:Letter Agreement • January 29th, 2015 • Invivo Therapeutics Holdings Corp. • Surgical & medical instruments & apparatus • New York
This letter agreement (this “Agreement”) constitutes the agreement between InVivo Therapeutics Holdings Corp. (the “Company”) and H.C. Wainwright & Co., LLC (“Wainwright”) that Wainwright shall serve as the exclusive agent, advisor or underwriter in any offering (each, an “Offering”) of common stock of the Company (the “Securities”) during the Term (as defined below) of this Agreement. The terms of each Offering and the Securities issued in connection therewith shall be mutually agreed upon by the Company and Wainwright and nothing herein implies that Wainwright would have the power or authority to bind the Company and nothing herein implies that the Company shall have an obligation to issue any Securities. It is understood that Wainwright’s assistance in an Offering will be subject to the satisfactory completion of such investigation and inquiry into the affairs of the Company as Wainwright deems appropriate under the circumstances and to the receipt of all internal approvals of Wainw
