UNDERWRITER COMMON STOCK PURCHASE WARRANT Bio-Path Holdings, Inc.Bio-Path Holdings Inc • January 16th, 2019 • Pharmaceutical preparations • New York
THIS UNDERWRITER 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 following the date hereof (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on January 14, 2024 (the “Termination Date”) but not thereafter, to subscribe for and purchase from Bio-Path Holdings, Inc., a Delaware corporation (the “Company”), up to ______ shares (as subject to adjustment hereunder, the “Warrant Shares”) of the Company’s common stock (the “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 is being issued pursuant to that certain Underwriting Agreement, by and between the Company and H.C. Wainwright & Co., LLC, dated as of January 14, 2019.
Bio-Path Holdings, Inc. 8,592,308 Shares of Common Stock (par value $0.001 per share) Underwriting AgreementUnderwriting Agreement • January 16th, 2019 • Bio-Path Holdings Inc • Pharmaceutical preparations • New York
Bio-Path Holdings, Inc., a company incorporated under the laws of the State of Delaware (the “Company”), proposes to issue and sell to the several underwriters named in Schedule A (the “Underwriters”) an aggregate of 8,592,308 shares of its common stock, par value $0.001 per share (the “Shares”). The 8,592,308 Shares to be sold by the Company are called the “Offered Shares.” H.C. Wainwright & Co., LLC (“Wainwright”) has agreed to act as representative of the several Underwriters (in such capacity, the “Representative”) in connection with the offering and sale of the Offered Shares. To the extent there are no additional underwriters listed on Schedule A, the term “Representative” as used herein shall mean you, as Underwriter, and the term “Underwriters” shall mean either the singular or the plural, as the context requires.
