0001104659-23-118092 Sample Contracts

FORM OF COMMON STOCK PURCHASE WARRANT Fortress biotech, inc.
Common Stock Purchase Warrant • November 14th, 2023 • Fortress Biotech, Inc. • Pharmaceutical preparations • New York

THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, _____________ or its registered 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 November 14, 2023 (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on November 14, 2028 (the “Termination Date”) but not thereafter, to subscribe for and purchase from Fortress Biotech, Inc., a Delaware corporation (the “Company”), up to ______ shares of 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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FORM OF PLACEMENT AGENCY AGREEMENT
Placement Agency Agreement • November 14th, 2023 • Fortress Biotech, Inc. • Pharmaceutical preparations • New York
FORM OF SECURITIES PURCHASE AGREEMENT
Securities Purchase Agreement • November 14th, 2023 • Fortress Biotech, Inc. • Pharmaceutical preparations • New York

This Securities Purchase Agreement (this “Agreement”) is dated as of November 10, 2023, between Fortress Biotech, 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”).

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