AEOLUS PHARMACEUTICALS, INC. WARRANT TO PURCHASE [•] SHARES OF COMMON STOCKWarrant Agreement • June 6th, 2006 • Aeolus Pharmaceuticals, Inc. • Pharmaceutical preparations • California
This Warrant is one of a number of Warrants (collectively, the “Warrants”) being issued pursuant that certain Subscription Agreement dated as of June 5, 2006, by and among the Company and the Investors party thereto (the “Subscription Agreement”).
SUBSCRIPTION AGREEMENTSubscription Agreement • June 6th, 2006 • Aeolus Pharmaceuticals, Inc. • Pharmaceutical preparations • California
We will have broad discretion in how we apply the net proceeds from this Offering. Because the net proceeds of this Offering are not required to be allocated to any specific investment or transaction, you cannot determine at this time the value or appropriateness of our application of the net proceeds, and you and other stockholders may not agree with our decisions.
June 5, 2006Observation Rights Agreement • June 6th, 2006 • Aeolus Pharmaceuticals, Inc. • Pharmaceutical preparations • California
This letter agreement will confirm our agreement that pursuant to the purchase of shares of common stock of Aeolus Pharmaceuticals, Inc., a Delaware corporation (the “Company”), by Efficacy Biotech Master Fund Ltd. (“Investor”), Investor will be entitled to the following rights:
RIGHT OF FIRST OFFER AGREEMENTRight of First Offer Agreement • June 6th, 2006 • Aeolus Pharmaceuticals, Inc. • Pharmaceutical preparations • California
CONVERSION AGREEMENTConversion Agreement • June 6th, 2006 • Aeolus Pharmaceuticals, Inc. • Pharmaceutical preparations • California
THIS CONVERSION AGREEMENT (this “Agreement”) is made and entered into as of June 5, 2006, by and among AEOLUS PHARMACEUTICALS, INC., a Delaware corporation (the “Company”), and the parties who are signatories hereto.
