SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • July 25th, 2022 • Acurx Pharmaceuticals, Inc. • Pharmaceutical preparations • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of July 25, 2022, and is between Acurx Pharmaceuticals, Inc., a corporation incorporated under the laws of the state of Delaware (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”).
SERIES A COMMON STOCK PURCHASE WARRANT Acurx Pharmaceuticals, Inc.Acurx Pharmaceuticals, Inc. • July 25th, 2022 • Pharmaceutical preparations
THIS SERIES A 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 January [ ], 2023 (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on January [ ], 2028 (the “Termination Date”), but not thereafter, to subscribe for and purchase from Acurx Pharmaceuticals, 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).
Acurx Pharmaceuticals, Inc. 259 Liberty Avenue Staten Island, New York 10305 Attn: David P. Luci President and Chief Executive OfficerAcurx Pharmaceuticals, Inc. • July 25th, 2022 • Pharmaceutical preparations • New York
This letter (the “Agreement”) constitutes the agreement between A.G.P./Alliance Global Partners, as lead placement agent (“AGP”) and Maxim Group LLC, as co-placement agent (“Maxim”) (collectively the “Placement Agents”) and Acurx Pharmaceuticals, Inc., a Delaware corporation (the “Company”), that the Placement Agents shall serve as the exclusive placement agents for the Company, on a “reasonable best efforts” basis, in connection with the proposed placement (the “Placement”) of the Company’s shares of Common Stock, par value $0.001 per share, (the “Shares”), pre-funded warrants to purchase shares of Common Stock (the “Pre-Funded Warrants”) and warrants to purchase shares of Common Stock (the “Warrants,” and collectively with the Shares and Pre-Funded Warrants, the “Securities”). The Securities actually placed by the Placement Agents are referred to herein as the “Placement Agent Securities.” The terms of the Placement shall be mutually agreed upon by the Company and the purchasers (eac
