ContractInsite Vision Inc • February 10th, 2006 • Pharmaceutical preparations • New York
THIS WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE HEREOF HAVE BEEN ACQUIRED FOR INVESTMENT AND HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR ANY STATE SECURITIES LAW. THIS WARRANT AND SUCH SECURITIES MAY NOT BE OFFERED, SOLD OR OTHERWISE PLEDGED, TRANSFERRED OR HYPOTHECATED IN THE ABSENCE OF SUCH REGISTRATION OR DELIVERY OF AN OPINION OF COUNSEL IN FORM AND SUBSTANCE REASONABLY SATISFACTORY TO THE COMPANY THAT SUCH OFFER, SALE OR TRANSFER, PLEDGE OR HYPOTHECATION IS IN COMPLIANCE WITH THE ACT OR UNLESS SOLD IN FULL COMPLIANCE WITH RULE 144 UNDER THE ACT.
SUBSCRIPTION AGREEMENTSubscription Agreement • February 10th, 2006 • Insite Vision Inc • Pharmaceutical preparations • New York
This SUBSCRIPTION AGREEMENT (this “Agreement”) made as of the date set forth on the signature page hereof between INSITE VISION INCORPORATED, a Delaware corporation having a place of business at 965 Atlantic Avenue, Alameda, California 94501 (the “Company”) and the undersigned (each, a “Subscriber” and collectively, the “Subscribers”).
INSITE VISION INCORPORATED CONSENT TO EXPAND SIZE OF OFFERING OF NOTES AND WARRANTSInsite Vision Inc • February 10th, 2006 • Pharmaceutical preparations
WHEREAS, pursuant to that certain confidential private offering memorandum, dated December 27, 2005 (the “Memorandum”), of InSite Vision Incorporated (the “Company”) and pursuant to those certain subscription agreements, dated as of December 30, 2005 (the “Subscription Agreements”), by and between the Company and each of the investors (the “Investors”) thereto, the Company offered and sold $4.3 million aggregate principal amount of senior secured promissory notes (the “Notes”) and warrants (“Warrants”) to purchase 860,000 shares of Common Stock of the Company (the “Offering);
