0001193125-17-220582 Sample Contracts

AGREEMENT AND PLAN OF MERGER AND REORGANIZATION Among OPEXA THERAPEUTICS, INC. OPEXA MERGER SUB, INC., and ACER THERAPEUTICS INC. Dated as of June 30, 2017

Merger Agreement • July 3rd, 2017 • Opexa Therapeutics, Inc. • Pharmaceutical preparations • Delaware

• Contract Type
  Merger Agreement
• Filed
  July 3rd, 2017
• Company
  Opexa Therapeutics, Inc.
• Industry
  Pharmaceutical preparations
• Jurisdiction
  Delaware

THIS AGREEMENT AND PLAN OF MERGER AND REORGANIZATION (this “Agreement”) is made and entered into as of June 30, 2017, by and among Opexa Therapeutics, Inc., a Texas corporation (“Opexa”), Opexa Merger Sub, Inc., a Delaware corporation (“Merger Sub”), and Acer Therapeutics Inc., a Delaware corporation (“Acer”). Certain capitalized terms used in this Agreement are defined in Exhibit A.

SUPPORT AGREEMENT

Support Agreement • July 3rd, 2017 • Opexa Therapeutics, Inc. • Pharmaceutical preparations • Delaware

• Contract Type
  Support Agreement
• Filed
  July 3rd, 2017
• Company
  Opexa Therapeutics, Inc.
• Industry
  Pharmaceutical preparations
• Jurisdiction
  Delaware

This SUPPORT AGREEMENT (this “Agreement”), dated as of June 30, 2017, is by and among Opexa Therapeutics, Inc. (“Opexa”), and the Person set forth on Schedule A hereto (the “Stockholder”).