SUBSCRIPTION AGREEMENTSubscription Agreement • June 12th, 2015 • Ruthigen, Inc. • Pharmaceutical preparations • New York
This Subscription Agreement (this “Agreement”) is by and between the undersigned and Ruthigen Inc., a publicly-traded company (the “Company”), and is being delivered in connection with the anticipated merger (the “Merger”) of Pulmatrix Inc. with and into Ruthigen Merger Corp., a wholly-owned subsidiary of the Company, with Pulmatrix Inc. continuing as the surviving corporation and a wholly-owned subsidiary of Ruthigen Inc. Your obligation to invest in the Company shall be subject to, among other things, your receipt of the Form S-4 Registration Statement declared effective by the Securities and Exchange Commission on May 4, 2015 and the Joint Proxy and Consent Solicitation Statement/Prospectus filed on May 4, 2015 pursuant to Rule 424(b)(3) (“Form S-4 Registration Statement”) in accordance with Section 2.1 below. Dawson James Securities Inc. is acting as the Placement Agent (the “Placement Agent”) for the Company in conducting a private placement (the “Private Placement”) of up to 948,
