0001104659-21-072553 Sample Contracts

UNDERWRITING AGREEMENT between ACURX PHARMACEUTICALS, INC. and ALEXANDER CAPITAL, L.P., as Representative of the Several Underwriters
Underwriting Agreement • May 27th, 2021 • Acurx Pharmaceuticals, LLC • Pharmaceutical preparations • New York
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ACURX PHARMACEUTICALS, INC. INDEMNIFICATION AGREEMENT
Indemnification Agreement • May 27th, 2021 • Acurx Pharmaceuticals, LLC • Pharmaceutical preparations • Delaware

This Indemnification Agreement (this “Agreement”) is effective as of ______, 20__ by and between Acurx Pharmaceuticals, Inc., a Delaware corporation (the “Company”), and _________ (“Indemnitee”).

THE REGISTERED HOLDER OF THIS PURCHASE WARRANT BY ITS ACCEPTANCE HEREOF, AGREES THAT IT WILL NOT SELL, TRANSFER OR ASSIGN THIS PURCHASE WARRANT EXCEPT AS HEREIN PROVIDED AND THE REGISTERED HOLDER OF THIS PURCHASE WARRANT AGREES THAT IT WILL NOT SELL,...
Purchase Warrant Agreement • May 27th, 2021 • Acurx Pharmaceuticals, LLC • Pharmaceutical preparations • New York

THIS PURCHASE WARRANT IS NOT EXERCISABLE PRIOR TO ___ [DATE THAT IS 180 DAYS FROM THE EFFECTIVE DATE OF THE OFFERING] VOID AFTER 5:00 P.M., EASTERN TIME, ____, 202__ [DATE THAT IS FIVE YEARS FROM THE EFFECTIVE DATE OF THE OFFERING].

AMENDED AND RESTATED EMPLOYMENT AGREEMENT
Employment Agreement • May 27th, 2021 • Acurx Pharmaceuticals, LLC • Pharmaceutical preparations • New York

This EMPLOYMENT AGREEMENT (the “Agreement”) is dated as of May 25, 2021 but only effective for all purposes as of the Effective Date (as defined below) by and between Acurx Pharmaceuticals, LLC, a Delaware limited liability company with principal executive offices located at 259 Liberty Avenue, Staten Island, NY 10305 (to be converted into a Delaware corporation and thereafter known as Acurx Pharmaceuticals, Inc., the “Company”), and Robert J. DeLuccia (the “Executive”).

SECURITIES PURCHASE AGREEMENT
Securities Purchase Agreement • May 27th, 2021 • Acurx Pharmaceuticals, LLC • Pharmaceutical preparations • New York

This SECURITIES PURCHASE AGREEMENT (the “Agreement”), dated as of _____, 20__, is made by and among Acurx Pharmaceuticals, Inc., a corporation organized under the laws of Delaware (the “Company”), and the investors listed on the Schedule of Buyers attached hereto (individually, a “Buyer” and collectively, the “Buyers”).

ASSET PURCHASE AGREEMENT between ACURX PHARMACEUTICALS, LLC and GLSYNTHESIS INC., Dated February 5, 2018
Asset Purchase Agreement • May 27th, 2021 • Acurx Pharmaceuticals, LLC • Pharmaceutical preparations • Delaware

Certain identified information has been omitted from this exhibit because it is not material and would likely cause competitive harm to the registrant if publicly disclosed. [***] indicates that information has been omitted.

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