SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • December 12th, 2017 • Trovagene, Inc. • Biological products, (no disgnostic substances) • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of December , 2017, between Trovagene, Inc., a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”).
STRICTLY CONFIDENTIAL Trovagene, Inc. 11055 Flintkote Avenue San Diego, CA 92121 Attn: William J. Welch, President and Chief Executive Officer Dear Mr. Welch:Exclusive Agency Agreement • December 12th, 2017 • Trovagene, Inc. • Biological products, (no disgnostic substances) • New York
This letter agreement (this “Agreement”) constitutes the agreement between Trovagene, Inc. (the “Company”) and H.C. Wainwright & Co., LLC (“Wainwright”), that Wainwright shall serve, except as provided herein, as the exclusive agent, advisor or underwriter in any offering (each, an “Offering”) of equity securities of the Company (the “Securities”) during the Term (as hereinafter defined) of this Agreement (and for the avoidance of doubt, excluding any strategic partnerships and/or debt financings). The terms of each Offering and the Securities issued in connection therewith shall be mutually agreed upon by the Company and Wainwright and nothing herein implies that Wainwright would have the power or authority to bind the Company and nothing herein implies that the Company shall have an obligation to issue any Securities. It is understood that Wainwright’s assistance in an Offering will be subject to the satisfactory completion of such investigation and inquiry into the affairs of the Co
