SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • June 16th, 2009 • Generex Biotechnology Corp • Pharmaceutical preparations • New York
This Securities Purchase Agreement (this “Agreement”) is dated June 15, 2009, between Generex Biotechnology Corporation, 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”).
COMMON STOCK PURCHASE WARRANT GENEREX BIOTECHNOLOGY CORPORATIONCommon Stock Purchase Warrant • June 16th, 2009 • Generex Biotechnology Corp • Pharmaceutical preparations
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, ________ (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the date that is 183 days after date hereof (the “Initial Exercise Date”) and on or prior to the close of business on the five (5) year anniversary of the Initial Exercise Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from Generex Biotechnology Corporation, a Delaware corporation (the “Company”), up to _________ shares (the “Warrant Shares”) of Common Stock, par value $0.001 per share; provided, however, that the five (5) year period set forth above as the Termination Date shall be extended for the number of days during such period in which (i) trading in the Common Stock is suspended by any Trading Market, or (ii) the Registration Statement is not effective but in no event later than December 31, 2014. The p
Midtown Partners & Co., LLCPlacement Agent Agreement • June 16th, 2009 • Generex Biotechnology Corp • Pharmaceutical preparations • New York
This letter (the “Agreement”) confirms Midtown Partners & Co., LLC (“Midtown”) engagement as placement agent for Generex Biotechnology Corporation (the “Company”), in connection with the proposed registered direct offering (the “Offering”) of up to 17,500,000 share of the Company’s common stock and warrants (the “Warrants”) to acquire up to 8,750,000 shares of the Company’s common stock (collectively, the “Securities”). The Securities will be sold only to “accredited investors” (the “Investors”), as such term is defined in Rule 501(a) of Regulation D, promulgated under the United States Securities Act of 1933, as amended.
