3,710,000 SHARES of Common Stock, 3,710,000 SERIES A Warrants (EXERCISABLE FOR 1,855,000 SHARES OF COMMON STOCK), 3,710,000 SERIES b Warrants (EXERCISABLE FOR 3,710,000 SHARES OF COMMON STOCK), and 3,710,000 SERIES c Warrants (EXERCISABLE FOR...Underwriting Agreement • February 9th, 2017 • Moleculin Biotech, Inc. • Pharmaceutical preparations • New York
The undersigned, Moleculin Biotech, Inc., a company incorporated under the laws of Delaware (collectively with its subsidiaries and affiliates, including, without limitation, all entities disclosed or described in the Registration Statement as being subsidiaries or affiliates of Moleculin Biotech, Inc., (the “Company”)), hereby confirms its agreement (this “Agreement”) with the several underwriters (such underwriters, including the Representative (as defined below), the “Underwriters” and each an “Underwriter”) named in Schedule I hereto for which Roth Capital Partners, LLC is acting as representative to the several Underwriters (the “Representative” and if there are no Underwriters other than the Representative, references to multiple Underwriters shall be disregarded and the term Representative as used herein shall have the same meaning as Underwriter) on the terms and conditions set forth herein.
SERIES [A/B/C] COMMON STOCK PURCHASE WARRANT moleculin biOtech, inc.Moleculin Biotech, Inc. • February 9th, 2017 • Pharmaceutical preparations • New York
THIS SERIES [A/B/C] 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 _____1 anniversary of the Initial Exercise Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from Moleculin Biotech, Inc., a Delaware corporation (the “Company”), up to ______ shares (as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock [;provided, however, the exercisability of this Series C Warrant shall vest ratably from time to time in proportion to the Holder’s (or its permitted assigns) exercise of the Series B Common Stock Purchase Warrant as compared with all Series B Common Stock Purchase Warrants issued to the Holder on the Initial Exercise Date (“Vesting
