WARRANT TO PURCHASE SHARES OF COMMON STOCK of BIOHEART, INC.Bioheart, Inc. • January 6th, 2010 • Services-commercial physical & biological research • Florida
This certifies that, for value received, BlueCrest Venture Finance Master Fund Limited, a company organized under the laws of the Cayman Islands (“BlueCrest”), or its assigns (the “Holder”) is entitled, subject to the terms set forth below, to purchase from Bioheart, Inc. (the “Company”), a Florida corporation, up to 848,176 shares (the “Warrant Shares”) of the common stock of the Company, par value $.001 per share (the “Common Stock”), as constituted on the date hereof (the “Warrant Issue Date”), upon surrender hereof, at the principal office of the Company referred to below, with the duly executed Notice of Exercise, attached hereto as Exhibit A (the “Notice of Exercise Form”), and simultaneous payment therefor in lawful money of the United States or otherwise as hereinafter provided, at the Exercise Price set forth in Section 2 below. The number of Warrant Shares and the Exercise Price are subject to adjustment as provided below. The term “Warrant” as used herein shall include this
AMENDMENT NO. 3 TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • January 6th, 2010 • Bioheart, Inc. • Services-commercial physical & biological research • Illinois
