SHARES OF SERIES B CONVERTIBLE PREFERRED STOCK (CONVERTIBLE INTO ___ SHARES OF COMMON STOCK), ____ SERIES 1 WARRANTS TO PURCHASE ____ SHARES OF COMMON STOCK AND ____ SERIES 2 WARRANTS TO PURCHASE ____ SHARES OF COMMON STOCK OF DEXTERA SURGICAL INC.Underwriting Agreement • May 11th, 2017 • Dextera Surgical Inc • Surgical & medical instruments & apparatus • New York
The undersigned, Dextera Surgical Inc., a company incorporated under the laws of Delaware (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 Ladenburg Thalmann & Co., Inc. 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 1] [SERIES 2] COMMON STOCK PURCHASE WARRANT DEXTERA SURGICAL INC.Dextera Surgical Inc • May 11th, 2017 • Surgical & medical instruments & apparatus • New York
THIS [SERIES 1] [SERIES 2] 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 _________, 2017 (the “Initial Exercise Date”) and on or prior to the close of business on the [five (5) year]1 [one (1) year]2 anniversary of the Initial Exercise Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from Dextera Surgical Inc., a Delaware 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). This Warrant shall initially be issued and maintained in the form of a security held in book-entry form and the Depository Trust Company or its nominee (“DTC”) shall init
