COMMON STOCK PURCHASE WARRANT GENEREX BIOTECHNOLOGY CORPORATIONCommon Stock Purchase Warrant • April 8th, 2010 • Generex Biotechnology Corp • Pharmaceutical preparations
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, Midtown Partners & Co., LLC (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 effective date of the Registration Statement on Form S-3 to which this warrant relate in accordance with FINRA rule 5110(f)(2)(H)(i)(the “Termination Date”) but not thereafter, to subscribe for and purchase from Generex Biotechnology Corporation, a Delaware corporation (the “Company”), up to n shares (the “Warrant Shares”) of Common Stock, par value $0.001 per share;. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).
COMMON STOCK PURCHASE AGREEMENTCommon Stock Purchase Agreement • April 8th, 2010 • Generex Biotechnology Corp • Pharmaceutical preparations • New York
This Common Stock Purchase Agreement (this “Agreement”) is dated as of April 7, 2010, by and between Generex Biotechnology Corporation, a Delaware corporation (the “Company”), and Seaside 88, LP, a Florida limited partnership (such investor, including its successors and assigns, “Seaside”).
Midtown Partners & Co., LLC 4218 West Linebaugh Avenue Tampa, FL 33624 Phone: 813.885.5744 ♦ Fax: 813.885.5911Letter Agreement • April 8th, 2010 • Generex Biotechnology Corp • Pharmaceutical preparations
Reference is hereby made to a letter agreement by and between Midtown Partners & Co., LLC (“Midtown”) and Generex Biotechnology Corporation (“Generex”, collectively the “Parties”) dated June 8, 2009 as amended by agreements dated August 5, August 18, 2009 and September 11, 2009 (the “Agreement”).
