AKESIS PHARMACEUTICALS, INC. LOAN AND SECURITY AGREEMENTLoan and Security Agreement • December 20th, 2006 • Akesis Pharmaceuticals, Inc. • Services-business services, nec • California
This LOAN AND SECURITY AGREEMENT is entered into as of December 15, 2006, by and between Square 1 Bank (“Bank”) and AKESIS PHARMACEUTICALS, INC. (“Borrower”).
AKESIS PHARMACEUTICALS, INC. WARRANT TO PURCHASE COMMON STOCKPurchase Common Stock • December 20th, 2006 • Akesis Pharmaceuticals, Inc. • Services-business services, nec • California
This Warrant to Purchase Common Stock (the “Warrant”) is issued to Globalvest Partners, LLC (the “Holder”) by Akesis Pharmaceuticals, Inc., a Nevada corporation (the “Company”), pursuant to the terms of that certain Securities Purchase Agreement (the “Purchase Agreement”) dated as of December 15, 2006 by and among the Company and certain purchasers (the “Investors”), of the Company’s Common Stock and is one of a series of warrants (collectively, the “Warrants”) issued pursuant to the Purchase Agreement. Pursuant to Section 1(b) of the Purchase Agreement, each Investor shall have the right to elect to either (a) receive a Warrant to purchase shares of the Company’s Common Stock, or (b) enter into a Registration Rights Agreement. The Holder has elected to receive this Warrant.
ContractAkesis Pharmaceuticals, Inc. • December 20th, 2006 • Services-business services, nec • California
THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, AND MAY NOT BE SOLD, PLEDGED OR OTHERWISE TRANSFERRED EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933, AS AMENDED, AN EXEMPTION FROM SUCH REGISTRATION, OR IN ACCORDANCE WITH APPLICABLE LAW.
AKESIS PHARMACEUTICALS, INC. SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • December 20th, 2006 • Akesis Pharmaceuticals, Inc. • Services-business services, nec • California
This Securities Purchase Agreement (the “Agreement”) is made as of December 15, 2006 by and among Akesis Pharmaceuticals, Inc., a Nevada corporation (the “Company”), and the individuals and entities (each, an “Investor” and collectively, the “Investors”) listed on the Schedule of Investors attached hereto as Schedule A (the “Schedule of Investors”).
