COMMON STOCK AND WARRANT PURCHASE AGREEMENT CORAUTUS GENETICS INC. AND PURCHASERS JULY 7, 2004Common Stock and Warrant Purchase Agreement • August 5th, 2004 • Corautus Genetics Inc • Biological products, (no disgnostic substances) • New York
WARRANT TO PURCHASE COMMON STOCK of CORAUTUS GENETICS INC. Void after May 13, 2013Corautus Genetics Inc • August 5th, 2004 • Biological products, (no disgnostic substances) • California
This certifies that, for value received, and as provided in the Employment Agreement between Corautus Genetics Inc. and Richard E. Otto dated February 5, 2003 and executed May 14, 2003 (the “Employment Agreement”), Richard E. Otto (“Holder”) is entitled, subject to the terms set forth below, to purchase from Corautus Genetics Inc., a Delaware corporation (the “Company”), 35,716 shares of the Common Stock of the Company as provided herein, upon surrender hereof, at the principal office of the Company referred to below, with the subscription form attached hereto duly executed, and simultaneous payment therefor in lawful money of the United States at the Exercise Price as provided in Section 2 below. The term “Warrant” as used herein shall mean this Warrant.
FIRST AMENDMENT TO THE WARRANT TO PURCHASE COMMON STOCK OF CORAUTUS GENETICS INC. Issued to Robert T. Atwood as of May 14, 2003Corautus Genetics Inc • August 5th, 2004 • Biological products, (no disgnostic substances)
This FIRST AMENDMENT to the Warrant to Purchase Common Stock of Corautus Genetics Inc., issued to Robert T. Atwood as of May 14, 2003 (the “Warrant”), is made and entered into by Corautus Genetics Inc., a Delaware corporation (the “Company”), and Robert T. Atwood (the “Holder”), as of August 22, 2003;
CORAUTUS GENETICS INC. SUBSCRIPTION AGREEMENT * * * INSTRUCTIONS * * *Subscription Agreement • August 5th, 2004 • Corautus Genetics Inc • Biological products, (no disgnostic substances) • Delaware
THIS SUBSCRIPTION AGREEMENT is made and entered into between Corautus Genetics Inc., a Delaware corporation (the “Company”), and the person executing this Agreement as the investor (the “Investor”). By executing this Agreement, the Investor acknowledges that he understands that the Company is relying upon the accuracy of the representations and warranties of Investor contained herein in complying with its obligations under applicable securities laws.
WARRANT TO PURCHASE COMMON STOCK of CORAUTUS GENETICS INC. Void after May 13, 2013Corautus Genetics Inc • August 5th, 2004 • Biological products, (no disgnostic substances) • California
This certifies that, for value received, and as provided in the Employment Agreement between Corautus Genetics Inc. and Robert T. Atwood (“Atwood”) dated February 5, 2003 and executed May 14, 2003 (the “Employment Agreement”), and pursuant to the transfer of the Warrant to Purchase Common Stock of Corautus Genetics Inc., issued to Atwood as of May 14, 2003, to Pauletta Y. Atwood, as trustee for the Robert T. Atwood Grantor Retained Annuity Trust (“Holder”), effective October 27, 2003, Holder is entitled, subject to the terms set forth below, to purchase from Corautus Genetics Inc., a Delaware corporation (the “Company”), 35,716 shares of the Common Stock of the Company as provided herein, upon surrender hereof, at the principal office of the Company referred to below, with the subscription form attached hereto duly executed, and simultaneous payment therefor in lawful money of the United States at the Exercise Price as provided in Section 2 below. The term “Warrant” as used herein shal
