Securities Purchase AgreementSecurities Purchase Agreement • December 22nd, 2022 • Outlook Therapeutics, Inc. • Biological products, (no disgnostic substances) • Utah
This Securities Purchase Agreement (this “Agreement”), dated as of December 22, 2022, is entered into by and between Outlook Therapeutics, Inc., a Delaware corporation (“Company”), and Streeterville Capital, LLC, a Utah limited liability company, its successors and/or assigns (“Investor”).
FOR VALUE RECEIVED, Outlook Therapeutics, Inc., a Delaware corporation (“Borrower”), promises to pay to Streeterville Capital, LLC, a Utah limited liability company, or its successors or assigns (“Lender”), $31,820,000.00 and any interest, fees,...Convertible Promissory Note • December 22nd, 2022 • Outlook Therapeutics, Inc. • Biological products, (no disgnostic substances) • Utah
This Note carries an original issue discount of $1,800,000.00 (“OID”). In addition, Borrower agrees to pay $20,000.00 to Lender to cover Lender’s legal fees, accounting costs, due diligence, monitoring and other transaction costs incurred in connection with the purchase and sale of this Note (the “Transaction Expense Amount”). The OID and the Transaction Expense Amount are included in the initial principal balance of this Note and are deemed to be fully earned and non-refundable as of the Purchase Price Date. The Purchase Price (as defined in the Purchase Agreement) shall be payable as set forth in the Purchase Agreement.
