ARCA BIOPHARMA, INC., Issuer AND [TRUSTEE], Trustee FORM OF INDENTURE Dated as of [—], 20 Subordinated Debt SecuritiesIndenture • March 9th, 2011 • ARCA Biopharma, Inc. • In vitro & in vivo diagnostic substances • New York
WHEREAS, for its lawful corporate purposes, the Company has duly authorized the execution and delivery of this Indenture to provide for the issuance of subordinated debt securities (hereinafter referred to as the “Securities”), in an unlimited aggregate principal amount to be issued from time to time in one or more series as in this Indenture provided, as registered Securities without coupons, to be authenticated by the certificate of the Trustee;
ARCA BIOPHARMA, INC. and , AS WARRANT AGENT FORM OF COMMON STOCK WARRANT AGREEMENTCommon Stock Warrant Agreement • March 9th, 2011 • ARCA Biopharma, Inc. • In vitro & in vivo diagnostic substances • New York
COMMON STOCK WARRANT AGREEMENT (this “Agreement”), dated as of between ARCA BIOPHARMA, INC., a Delaware corporation (the “Company”) and, a [corporation] [national banking association] organized and existing under the laws of and having a corporate trust office in , as warrant agent (the “Warrant Agent”).
ARCA BIOPHARMA, INC. and , AS WARRANT AGENT FORM OF PREFERRED STOCK WARRANT AGREEMENTPreferred Stock Warrant Agreement • March 9th, 2011 • ARCA Biopharma, Inc. • In vitro & in vivo diagnostic substances • New York
PREFERRED STOCK WARRANT AGREEMENT (this “Agreement”), dated as of between ARCA BIOPHARMA, INC., a Delaware corporation (the “Company”) and , a [corporation] [national banking association] organized and existing under the laws of and having a corporate trust office in , as warrant agent (the “Warrant Agent”).
ARCA BIOPHARMA, INC. and , AS WARRANT AGENT FORM OF DEBT SECURITIES WARRANT AGREEMENTDebt Securities Warrant Agreement • March 9th, 2011 • ARCA Biopharma, Inc. • In vitro & in vivo diagnostic substances • New York
DEBT SECURITIES WARRANT AGREEMENT (this “Agreement”), dated as of between ARCA BIOPHARMA, INC., a Delaware corporation (the “Company”) and , a [corporation] [national banking association] organized and existing under the laws of and having a corporate trust office in , as warrant agent (the “Warrant Agent”).
