COMMON STOCK PURCHASE WARRANT BIO-PATH HOLDINGS, INC.Common Stock Purchase Warrant • August 1st, 2023 • Bio-Path Holdings Inc • Pharmaceutical preparations • 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 [ ], 2028 (the “Termination Date”) but not thereafter, to subscribe for and purchase from Bio-Path Holdings, 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). This Warrant shall initially be issued and maintained in the form of a security held in book-entry form and the Depository Trust Company or its nominee (“DTC”) shall initially be the sole registered holder of this Warrant, subject to a Holder’s right to elect to
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • August 1st, 2023 • Bio-Path Holdings Inc • Pharmaceutical preparations • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of [ ], 2023, between Bio-Path Holdings, Inc., a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”).
BIO-PATH HOLDINGS, INC. and EQUINITI TRUST COMPANY, LLC, as Warrant Agent Warrant Agency Agreement Dated as of [●] WARRANT AGENCY AGREEMENTWarrant Agency Agreement • August 1st, 2023 • Bio-Path Holdings Inc • Pharmaceutical preparations • New York
WARRANT AGENCY AGREEMENT, dated as of [●] (“Agreement”), between Bio-Path Holdings, Inc., a Delaware corporation (the “Company”), and Equiniti Trust Company, LLC, a New York limited liability trust company (the “Warrant Agent”).
PLACEMENT AGENCY AGREEMENTPlacement Agency Agreement • August 1st, 2023 • Bio-Path Holdings Inc • Pharmaceutical preparations • New York
LEAK-OUT AGREEMENTLeak-Out Agreement • August 1st, 2023 • Bio-Path Holdings Inc • Pharmaceutical preparations
This agreement (the “Leak-Out Agreement”) is being delivered to you in connection with an understanding by and among Bio-Path Holdings, Inc., a Delaware corporation (the “Company”), and the person or persons named on the signature pages hereto (collectively, the “Holder”).
