0001104659-21-093258 Sample Contracts

COMMON STOCK PURCHASE WARRANT ReShape Lifesciences Inc.
ReShape Lifesciences Inc. • July 19th, 2021 • Surgical & medical instruments & apparatus • New York

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 the date hereof (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on July 20, 2026 (the “Termination Date”) but not thereafter, to subscribe for and purchase from ReShape Lifesciences Inc., a Delaware corporation (the “Company”), up to ______ shares of common stock, par value $0.001 per share (the “Common Stock”) (as subject to adjustment hereunder, 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).

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EXCHANGE AGREEMENT
Exchange Agreement • July 19th, 2021 • ReShape Lifesciences Inc. • Surgical & medical instruments & apparatus • New York

EXCHANGE AGREEMENT (the “Agreement”) is made as of July 16, 2021, by and between ReShape Lifesciences Inc., previously known as Obalon Therapeutics, Inc., a Delaware corporation (the “Company”), and the investor signatory hereto (the “Investor”).

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