NILE THERAPEUTICS, INC. 3,350,000 shares of Common Stock and Warrants to purchase up to 2,512,500 shares of Common Stock PLACEMENT AGENT AGREEMENTPlacement Agent Agreement • April 2nd, 2012 • Nile Therapeutics, Inc. • Pharmaceutical preparations • New York
In addition, the undersigned hereby waives, from the date hereof until the expiration of the thirty (30) day period following the date of the Company’s final prospectus, any and all rights, if any, to request or demand registration pursuant to the Securities Act of 1933, as amended, of any shares of Common Stock or securities convertible into or exercisable or exchangeable for Common Stock that are registered in the name of the undersigned or that are Beneficially Owned Shares. In order to enable the aforesaid covenants to be enforced, the undersigned hereby consents to the placing of legends and/or stop transfer orders with the transfer agent of the Common Stock with respect to any shares of Common Stock, securities convertible into or exercisable or exchangeable for Common Stock or Beneficially Owned Shares.
Nile Therapeutics, Inc. 4 West 4th Avenue, Suite 400 San Mateo, California 94402 Gentlemen:Subscription Agreement • April 2nd, 2012 • Nile Therapeutics, Inc. • Pharmaceutical preparations • New York
The undersigned (the “Investor”) hereby confirms its agreement with Nile Therapeutics, Inc., a Delaware corporation (the “Company”) as follows:
