SECURITIES PURCHASE AGREEMENT by and between NEXMED, INC., NEXMED (U.S.A.), INC. and METRONOME LPC 1, INC., dated as of November 30, 2006Securities Purchase Agreement • December 4th, 2006 • Nexmed Inc • Pharmaceutical preparations • New York
This Securities Purchase Agreement (this “Agreement”) is made as of November 30, 2006 by and between NexMed, Inc., a Nevada corporation (the “Company”), NexMed (U.S.A.), Inc., a Delaware Corporation (the “Subsidiary”) and Metronome LPC 1, Inc., a Delaware corporation (the “Purchaser”).
ContractSenior Secured Note • December 4th, 2006 • Nexmed Inc • Pharmaceutical preparations
THIS SECURITY HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR APPLICABLE STATE SECURITIES LAWS AND MAY NOT BE SOLD OR TRANSFERRED UNLESS THE REGISTRATION PROVISIONS OF THE SAID ACT AND APPLICABLE STATE SECURITIES LAWS HAVE BEEN COMPLIED WITH OR UNLESS COMPLIANCE WITH SUCH PROVISIONS IS NOT REQUIRED.
NEXMED, INC. COMMON STOCK PURCHASE WARRANTCommon Stock Purchase Warrant • December 4th, 2006 • Nexmed Inc • Pharmaceutical preparations • Delaware
This Warrant (the “Warrant”) entitles METRONOME LPC 1, INC., a Delaware corporation, including any successors or assigns, the “Holder”), for value received, to purchase from NEXMED, INC., a Nevada corporation, at any time and from time to time, subject to the terms and conditions set forth herein, during the period starting from 5:00 p.m. on the Initial Exercise Date to 5:00 p.m., Eastern time, on the Expiration Date, at which time this Warrant shall expire and become void, all or any portion of the vested Warrant Shares at the Exercise Price. This Warrant also is subject to the following terms and conditions:
