SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • April 2nd, 2020 • Vivus Inc • Pharmaceutical preparations • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of April 1, 2020, between VIVUS, Inc., a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and, collectively, the “Purchasers”).
COMMON STOCK PURCHASE WARRANT VIVUS, INC.Vivus Inc • April 2nd, 2020 • Pharmaceutical preparations
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, Aileen Gibbons 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 April 1, 2025 (the “Termination Date”) but not thereafter, to subscribe for and purchase from VIVUS, Inc., a Delaware corporation (the “Company”), up to shares (as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock. 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 by the Company pursuant to the Engagement Agreement, dated as of April 1, 2020, between the Company and H.C. Wainwright & Co., LLC.
H.C. Wainwright & Co. Letterhead]Letter Agreement • April 2nd, 2020 • Vivus Inc • Pharmaceutical preparations • New York
