SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • March 13th, 2019 • Bio-Path Holdings Inc • Pharmaceutical preparations • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of March 12, 2019, between Bio-Path Holdings, Inc., a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”).
PLACEMENT AGENT COMMON STOCK PURCHASE WARRANT Bio-Path Holdings, Inc.Security Agreement • March 13th, 2019 • Bio-Path Holdings Inc • Pharmaceutical preparations
THIS PLACEMENT AGENT 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 March 12, 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 Engagement Agreement, by and between the Company and H.C. Wainwright & Co., LLC, dated as of March 11, 2018.
STRICTLY CONFIDENTIAL Bio-Path Holdings, Inc.Exclusive Agency Agreement • March 13th, 2019 • Bio-Path Holdings Inc • Pharmaceutical preparations • New York
