FORM OF WARRANT AGENCY AGREEMENT Broadridge Corporate Issuer Solutions, Inc. and Accelerate Diagnostics, Inc.Warrant Agency Agreement • January 16th, 2024 • Accelerate Diagnostics, Inc • Laboratory analytical instruments • New York
WARRANT AGENCY AGREEMENT made as of [Issuance Date] (the “Issuance Date”), between Accelerate Diagnostics, Inc., a Delaware corporation, with offices at Accelerate Diagnostics, Inc., a Delaware corporation with offices at 3950 S. Country Club Road, Suite 470, Tucson, Arizona 85714 (the “Company”), and Broadridge Corporate Issuer Solutions, Inc., with offices at 51 Mercedes Way, Edgewood, NY 11717 (the “Warrant Agent”).
ACCELERATE DIAGNOSTICS, INC. [___] Shares of Common Stock Pre-Funded Warrants to Purchase [___] Shares of Common Stock Warrants to Purchase [___] Shares of Common Stock Underwriting AgreementUnderwriting Agreement • January 16th, 2024 • Accelerate Diagnostics, Inc • Laboratory analytical instruments
Accelerate Diagnostics, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”) for whom William Blair & Company, L.L.C. is acting as representative (the “Representative” or “you”) (i) an aggregate of [__________] shares (the “Firm Shares”) of our common stock, par value $0.01 per share (“Common Stock”), (ii) pre-funded warrants, in the form set forth in Annex I hereto (“Pre-Funded Warrants”) to purchase an aggregate of [____] shares of Common Stock, at an exercise price of $0.01 per Pre-Funded Warrant, and (iii) warrants, in the form set forth in Annex II hereto (the “Common Warrants” and, together with the Pre-Funded Warrants, the “Warrants”) to purchase an aggregate of [____] shares of Common Stock. The Firm Shares and Pre-Funded Warrants are collectively referred to herein as the “Firm Securities.” In addition, the Company has granted to the Under
