ContractWarrant Agreement • May 30th, 2014 • Cytori Therapeutics, Inc. • Surgical & medical instruments & apparatus • New York
THIS WARRANT AND THE COMMON SHARES ISSUABLE UPON EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED. THIS WARRANT AND THE COMMON SHARES ISSUABLE UPON EXERCISE OF THIS WARRANT MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT AS TO THIS WARRANT AND/OR THE WARRANT SHARES UNDER SAID ACT OR AN EXEMPTION FROM THE REGISTRATION REQUIREMENTS THEREOF.
CONFIDENTIALPlacement Agent Agreement • May 30th, 2014 • Cytori Therapeutics, Inc. • Surgical & medical instruments & apparatus • New York
The purpose of this letter (the “Agreement”) is to set forth the terms of the engagement by Cytori Therapeutics, Inc., a Delaware corporation (the “Company”) of WBB Securities, LLC (“WBB”) to serve as the Company’s non-exclusive placement agent, on a reasonable best efforts basis, in connection with the proposed placement of registered securities (the “Securities”) of the Company, including shares (the “Shares”) of the Company’s common stock, par value $0.001 per share (the “Common Stock”) and warrants to purchase shares of Common Stock (the “Placement”), on terms specified herein. The terms of such Placement and the Securities shall be mutually agreed upon by the Company and the purchasers (each, a “Purchaser” and collectively, the “Purchasers”) and nothing herein constitutes that WBB would have the power or authority to bind the Company or any Purchaser or an obligation for the Company to issue any Securities or complete the Placement. This Agreement and the documents executed and de
SUBSCRIPTION AGREEMENTSubscription Agreement • May 30th, 2014 • Cytori Therapeutics, Inc. • Surgical & medical instruments & apparatus • New York
