SERIES D COMMON STOCK PURCHASE WARRANT ACURX PHARMACEUTICALS, INC.Acurx Pharmaceuticals, Inc. • May 17th, 2023 • Pharmaceutical preparations
THIS SERIES D 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 November 18, 2023 (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on November 19, 2029 (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).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • May 17th, 2023 • Acurx Pharmaceuticals, Inc. • Pharmaceutical preparations • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of May 16, 2023, 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”).
PRE-FUNDED COMMON STOCK PURCHASE WARRANT ACURX PHARMACEUTICALS, INC.Acurx Pharmaceuticals, Inc. • May 17th, 2023 • Pharmaceutical preparations
THIS PRE-FUNDED 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”) until this Warrant is exercised in full (the “Termination Date”) but not thereafter, to subscribe for and purchase from Acurx Pharmaceuticals, Inc., a corporation incorporated under the laws of the state of Delaware (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. • May 17th, 2023 • Pharmaceutical preparations • New York
This letter (the “Agreement”) constitutes the agreement between Maxim Group LLC (the “Placement Agent”) and Acurx Pharmaceuticals, Inc., a Delaware corporation (the “Company”), that the Placement Agent shall serve as the exclusive placement agent 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”), Series C warrants to purchase shares of Common Stock (the “Series C Warrants”) and Series D warrants to purchase shares of Common Stock (the “Series D Warrants”, collectively with the Series C Warrants, the “Warrants,” and collectively with the Shares and Pre-Funded Warrants, the “Securities”). The terms of the Placement shall be mutually agreed upon by the Company and the purchasers (each, a “Purchaser” and collectively, the “Purchasers”), and nothing herein const
