SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • March 12th, 2012 • Bionovo Inc • Pharmaceutical preparations • New York
SECURITIES PURCHASE AGREEMENT (the "Agreement"), dated as of March 12, 2012, by and among Bionovo, Inc., a Delaware corporation, with headquarters located at 5858 Horton Street, Suite 400, Emeryville, California 94608 (the "Company"), and the investors listed on the Schedule of Buyers attached hereto (individually, a "Buyer" and collectively, the "Buyers").
FORM OF WARRANT BIONOVO, INC. Warrant To Purchase Common StockBionovo Inc • March 12th, 2012 • Pharmaceutical preparations • New York
Bionovo, Inc., a Delaware corporation (the "Company"), hereby certifies that, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, [BUYER], the registered holder hereof or its permitted assigns (the "Holder"), is entitled, subject to the terms set forth below, to purchase from the Company, at the Exercise Price (as defined below) then in effect, at any time or times on or after the Issuance Date (the "Initial Exercisability Date"), but not after 11:59 p.m., New York time, on the Expiration Date, (as defined below), Five Million Seven Hundred Forty Two Thousand Nine Hundred Twenty Two (5,742,922) fully paid nonassessable shares of Common Stock, subject to adjustment as provided herein (the "Warrant Shares"). Except as otherwise defined herein, capitalized terms in this Warrant to Purchase Common Stock (including any Warrants to Purchase Common Stock issued in exchange, transfer or replacement hereof, this "Warrant"), shall have the meanings
