REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • June 4th, 2010 • Bio-Path Holdings Inc • Retail-miscellaneous shopping goods stores • Utah
REGISTRATION RIGHTS AGREEMENT (this "Agreement"), dated as of June 2, 2010, by and between BIO-PATH HOLDINGS, INC., a Utah corporation, (the "Company"), and LINCOLN PARK CAPITAL FUND, LLC, an Illinois limited liability company (together with it permitted assigns, the “Buyer”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings set forth in the Purchase Agreement by and between the parties hereto, dated as of the date hereof (as amended, restated, supplemented or otherwise modified from time to time, the "Purchase Agreement").
COMMON STOCK PURCHASE WARRANT BIO-PATH HOLDINGS, INC.Common Stock Purchase Warrant • June 4th, 2010 • Bio-Path Holdings Inc • Retail-miscellaneous shopping goods stores
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, Lincoln Park Capital Fund, 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 June 2, 2011 (the “Initial Exercise Date”) and on or prior to the close of business on the second anniversary of the Initial Exercise Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from BIO-PATH HOLDINGS, INC., a Utah corporation (the “Company”), up to 571,429 shares (the “Warrant Shares”) of Common Stock. 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).
PURCHASE AGREEMENTPurchase Agreement • June 4th, 2010 • Bio-Path Holdings Inc • Retail-miscellaneous shopping goods stores • Utah
PURCHASE AGREEMENT (the “Agreement”), dated as of June 2, 2010, by and between BIO-PATH HOLDINGS, INC., a Utah corporation, (the “Company”), and LINCOLN PARK CAPITAL FUND, LLC, an Illinois limited liability company (the “Investor”).
