YA GLOBAL INVESTMENTS, L.P.Securities Purchase Agreement • July 26th, 2010 • Ir Biosciences Holdings Inc • Pharmaceutical preparations • New Jersey
Reference is made to that certain (i) Securities Purchase Agreement dated January 3, 2008 (the “Securities Purchase Agreement”) between IR Biosciences Holdings, Inc., a Delaware corporation (the “Company”) and YA Global Investments, L.P., a Cayman Islands exempt limited partnership (the “Holder”); (ii) Secured Convertible Debenture dated January 3, 2008 issued by the Company to the Holder in the original principal amount of $2,000,000 (as amended by Amendment No. 1 to Secured Convertible Debentures, dated July 18, 2008 and Amendment No.2 to Secured Convertible Debenture Due December 31, 2010, dated August 7, 2008, and as may be amended, supplemented modified and/or amended and restated from time to time, the “January 2008 Debenture”); (iii) Secured Convertible Debenture dated June 12, 2008 issued by the Company to the Holder in the original principal amount of $1,000,000 (as amended by Amendment No. 1 to Secured Convertible Debentures, dated July 18, 2008 and Amendment No.2 to Secured
