SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • January 21st, 2014 • Bio-Path Holdings Inc • Retail-miscellaneous shopping goods stores • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of [ __________ ], between Bio-Path Holdings, Inc., a Utah 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 bio-path holdings, inc.Common Stock Purchase • January 21st, 2014 • Bio-Path Holdings Inc • Retail-miscellaneous shopping goods stores
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, _____________ or its assigns (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 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 Bio-Path Holdings, Inc., a Utah corporation (the “Company”), up to ______ shares (as subject to adjustment hereunder, 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).
CONFIDENTIAL December 9, 2013Bio-Path Holdings Inc • January 21st, 2014 • Retail-miscellaneous shopping goods stores • New York
WAIVER, CONSENT AND AMENDMENTBio-Path Holdings Inc • January 21st, 2014 • Retail-miscellaneous shopping goods stores
This Waiver, Consent and Amendment, dated as of [ ____________ ], is made to that certain Securities Purchase Agreement (the “Purchase Agreement”), dated as of January 15, 2014, between Bio-Path Holdings, Inc. (the “Company”) and [ ____________ ] and [ _____________ ] as signatories thereto (together, the “Waiving Purchasers”). Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Purchase Agreement.
