SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • August 28th, 2020 • XpresSpa Group, Inc. • Services-personal services • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of August 25, 2020, between XpresSpa Group, 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”).
PREFUNDED COMMON STOCK PURCHASE WARRANT Xpresspa group, inc.Common Stock Purchase Warrant • August 28th, 2020 • XpresSpa Group, Inc. • Services-personal services
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, _____________ 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 August ___, 2020 (the “Initial Exercise Date”) and until this Warrant is exercised in full (the “Termination Date”) but not thereafter, to subscribe for and purchase from XpresSpa Group, Inc., a Delaware corporation (the “Company”), up to ______ shares of Common Stock (the shares of Common Stock issuable upon exercise hereof being referred to as the “Warrant Shares”) 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).
PLACEMENT AGENT COMMON STOCK PURCHASE WARRANT Xpresspa group, inc.Placement Agent Common Stock Purchase Warrant • August 28th, 2020 • XpresSpa Group, Inc. • Services-personal services
THIS PLACEMENT AGENT COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, _____________ 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 August 28, 2020 (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on August 29, 2022 (the “Termination Date”) but not thereafter, to subscribe for and purchase from XpresSpa Group, Inc., a Delaware corporation (the “Company”), up to ______ shares of Common Stock (the shares of Common Stock issuable upon exercise hereof being referred to as the “Warrant Shares”) 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 pursuant to that certain Engagement Agreement, by and between the Company and H.C. Wainwright & Co., LLC, dated as of March 25, 2020, as amended on June 16, 2020.
