WARRANT TO PURCHASE COMMON STOCK of INSITE VISION INCORPORATED Void after September 22, 2008Insite Vision Inc • July 6th, 2004 • Pharmaceutical preparations • California
This certifies that, for value received, J.P. Turner & Company, LLC., or registered assigns (“Holder”), is entitled, subject to the terms set forth below, to purchase from INSITE VISION INCORPORATED, a Delaware corporation (the “Company”), eighty one thousand nine hundred sixty seven (81,967) shares of the Common Stock, $0.01 par value per share, of the Company (“Common Stock”), as constituted on the date hereof (the “Warrant Issue Date”), upon surrender hereof, at the principal office of the Company referred to below, with the subscription form attached hereto duly executed, and simultaneous payment therefor in lawful money of the United States or otherwise as hereinafter provided, at the Exercise Price as set forth in Section 2 below. The number, character and Exercise Price of such shares of Common Stock are subject to adjustment as provided below. The term “Warrant” as used herein shall include this Warrant, and any warrants delivered in substitution or exchange for this Warrant as
COMMON STOCK PURCHASE AGREEMENTCommon Stock Purchase Agreement • July 6th, 2004 • Insite Vision Inc • Pharmaceutical preparations • California
Please confirm that the foregoing correctly sets forth the agreement between us by signing in the space provided below for that purpose.
ContractInsite Vision Inc • July 6th, 2004 • Pharmaceutical preparations • New York
THIS WARRANT AND THE COMMON STOCK ISSUABLE UPON EXERCISE HEREOF HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR ANY OTHER SECURITIES LAWS AND MAY NOT BE OFFERED FOR SALE, SOLD, TRANSFERRED, PLEDGED OR HYPOTHECATED IN THE ABSENCE OF (1) AN EFFECTIVE REGISTRATION STATEMENT COVERING SUCH SECURITIES UNDER THE ACT AND ANY OTHER APPLICABLE SECURITIES LAWS, OR (2) AN OPINION OF COUNSEL REASONABLY SATISFACTORY TO THE COMPANY THAT SUCH REGISTRATION IS NOT REQUIRED.
