PRE-FUNDED COMMON STOCK PURCHASE WARRANT 22ND CENTURY GROUP, inc.Security Agreement • April 30th, 2024 • 22nd Century Group, Inc. • Cigarettes
THIS PRE-FUNDED COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, Omnia Capital LP 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 of issuance (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on May 1, 2029 (the “Termination Date”), to subscribe for and purchase from 22nd Century Group, Inc., a Nevada corporation (the “Company”), up to 1,150,000 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).
COMMON STOCK PURCHASE WARRANT 22ND CENTURY GROUP, inc.Security Agreement • April 30th, 2024 • 22nd Century Group, Inc. • Cigarettes
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, Omnia Capital LP 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 of issuance (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on May 1, 2029 (the “Termination Date”) but not thereafter, to subscribe for and purchase from 22nd Century Group, Inc., a Nevada corporation (the “Company”), up to 460,000 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).
GENERAL RELEASE AND SETTLEMENT AGREEMENTGeneral Release and Settlement Agreement • April 30th, 2024 • 22nd Century Group, Inc. • Cigarettes
This General Release and Settlement Agreement (the “Agreement”) is by and between Omnia Capital LP (“Omnia”), and 22nd Century Group, Inc., a Nevada corporation, and its subsidiaries (collectively, the “Company”), effective as of April 29, 2024 (the “Effective Date”). Omnia and the Company are collectively referred to herein as the “parties” or “each party”.
