SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • March 10th, 2014 • Biostar Pharmaceuticals, Inc. • Pharmaceutical preparations • Illinois
This SECURITIES PURCHASE AGREEMENT (the “Agreement”), dated as of March 10, 2014, is by and among Biostar Pharmaceuticals, Inc., a Maryland corporation (the “Company”), and each of the investors listed on the Schedule of Buyers attached hereto (individually, a “Buyer” and collectively, the “Buyers”).
FORM OF WARRANT] BIOSTAR PHARMACEUTICALS, INC. Warrant To Purchase Common StockBiostar Pharmaceuticals, Inc. • March 10th, 2014 • Pharmaceutical preparations • Illinois
Biostar Pharmaceuticals, Inc., a Maryland corporation (the “Company”), hereby certifies that, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, [_________________], the registered holder hereof or its permitted assigns (the “Holder”), is entitled, subject to the terms set forth below, to purchase from the Company, at the Exercise Price (as defined below) then in effect, upon exercise of this Warrant to Purchase Common Stock (including any Warrants to Purchase Common Stock issued in exchange, transfer or replacement hereof, the “Warrant”), at any time or times on or after the Issuance Date, but not after 11:59 p.m., New York time, on the Expiration Date (as defined below), [______________]1 (subject to adjustment as provided herein) fully paid and non-assessable shares of Common Stock (as defined below) (the “Warrant Shares”). Except as otherwise defined herein, capitalized terms in this Warrant shall have the meanings set forth in Sectio
CONFIDENTIAL March 1, 2014 MOODY CAPITAL SOLUTIONS, INC. Dawsonville, GA 30524 Phone (770) 815-0885 Mr. Ronghua Wang Chairman and CEO Biostar Pharmaceuticals, Inc No. 588 Shiji Xi Avenue Xianyang, 712046 Phone: 86 29 3368 6638 Dear Mr. Wang:Biostar Pharmaceuticals, Inc. • March 10th, 2014 • Pharmaceutical preparations • Georgia
This letter (the “Agreement”) confirms Moody Capital Solutions, Inc. (“Moody Capital”) engagement as lead placement agent and Axiom Capital Management, Inc as co-lead placement agent (“Axiom”) (“Moody Capital”) and “Axiom” together, the “Placement Agents”) for Biostar Pharmaceuticals, Inc. (the “Company”), in connection with the proposed placement (the ‘‘Offering”) of registered securities (the “Securities”) of the Company, which may include shares (the “Shares”) of the Company's common stock (the “Common Stock”) and warrants to purchase shares of Common Stock, in an amount and on terms and conditions satisfactory to the Company, pursuant to a registered “shelf takedown” under the Company’s registration statement on Form S-3 (Registration File No. 333-192963) under the Securities Act of 1933, as amended (the “Securities Act”) filed with the Securities and Exchange Commission (the “Commission”), which became effective on January 3, 2014.
