SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • May 11th, 2009 • Hemispherx Biopharma Inc • Biological products, (no disgnostic substances) • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of May 10, 2009, between Hemispherx Biopharma, Inc., a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”).
ContractCommon Stock Purchase Warrant • May 11th, 2009 • Hemispherx Biopharma Inc • Biological products, (no disgnostic substances)
RODMAN & RENSHAWLetter Agreement • May 11th, 2009 • Hemispherx Biopharma Inc • Biological products, (no disgnostic substances) • New York
The purpose of this letter agreement (the “Agreement”) is to authorize Rodman & Renshaw, LLC (“Rodman”) to contact one or more institutional investors to explore the degree of interest, if any, of such investors in providing funding to Hemispherx Biopharma, Inc. or its affiliates (the “Company”). This authorization shall be exclusive to Rodman for a period of 30 days. The Company may terminate Rodman’s authorization to contact investors hereunder at any time upon a 3-day written notice. If the Company chooses to accept any funding, on terms to be mutually agreed upon by the Company and any such investor(s), then the Company shall pay to Rodman the fees set forth below if there is any funding of the Company (a “Financing”) within 6 months of the date of the termination or expiration of this Agreement by any investors with which Rodman arranged a conference call or a meeting for the Company during the term of this Agreement.
