SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • January 11th, 2010 • OccuLogix, Inc. • Surgical & medical instruments & apparatus • New York
THIS SECURITIES PURCHASE AGREEMENT (this “Agreement”), dated as of January 8, 2010, is made by and among OccuLogix, Inc. (the “Company”), a Delaware corporation with executive offices located at 11025 Roselle Street, Suite 100, San Diego, CA, and the parties executing the Investor Signature Page attached hereto (each, an “Investor” and, collectively, the “Investors”).
AMENDED & RESTATED AGENCY AGREEMENTAgency Agreement • January 11th, 2010 • OccuLogix, Inc. • Surgical & medical instruments & apparatus • Ontario
The undersigned, Marchant Securities Inc. (the “Canadian Placement Agent”), understands that OccuLogix, Inc. d/b/a TearLab Corporation (the “Company”) proposes to issue and sell up to $5,000,000 aggregate amount of shares of common stock, par value $0.001 per share, of the Company (the “Common Shares”), subject to the terms and conditions set forth in this Agreement (as hereinafter defined). This Agreement amends and restates in its entirety the agency agreement by and between the Canadian Placement Agent and the Company, dated November 25, 2009.
