4,500,000 Shares and 4,500,000 Warrants OPEXA THERAPEUTICS, Inc. Common Stock and Common Stock Purchase Warrants UNDERWRITING AGREEMENTUnderwriting Agreement • December 20th, 2007 • Opexa Therapeutics, Inc. • Pharmaceutical preparations • California
Opexa Therapeutics, Inc., a Texas corporation (“Company”), proposes to issue and sell to the several Underwriters (as defined below) an aggregate of 4,500,000 shares of its common stock, $0.50 par value per share (the “Common Stock”) and an aggregate of 4,500,000 common stock purchase warrants, each warrant to purchase one share of common stock for an exercise period of five years commencing the date of issuance (the “Public Series E Warrants”).
WARRANT AGREEMENTWarrant Agreement • December 20th, 2007 • Opexa Therapeutics, Inc. • Pharmaceutical preparations • New York
THIS WARRANT AGREEMENT (the “Agreement”) is dated _______ __, 2008, between Opexa Therapeutics, Inc., a Delaware corporation (the “Company”) and Continental Stock Transfer & Trust Company, acting as warrant agent (the “Warrant Agent”).
FORM OF UNDERWRITER’S WARRANT AGREEMENT’s Warrant Agreement • December 20th, 2007 • Opexa Therapeutics, Inc. • Pharmaceutical preparations • New York
WHEREAS, the Company and MDB Capital Group LLC and certain other persons (collectively, the “Underwriters”) have entered into an underwriting agreement dated ____ __, 2008 (the “Underwriting Agreement”) whereby the Company has agreed to issue and sell to Underwriters an aggregate of [4,500,000] shares of common stock of the Company (the “Firm Shares” or in the singular a “Firm Share”) and an aggregate of [4,500,000] Series E warrants (The “Firm Warrants” or in the singular a “Firm Warrant”);
FORM OF UNDERWRITER’S WARRANT TO ACQUIRE WARRANTS AGREEMENTAcquire Warrants Agreement • December 20th, 2007 • Opexa Therapeutics, Inc. • Pharmaceutical preparations • New York
Underwriter’s Warrant To Acquire Warrants Agreement (the “Agreement”), dated as of _____ __ , 200__, between Opexa Therapeutics, Inc. (the “Company”) and _____________ (the “Holder”).
