SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • April 11th, 2018 • RXi Pharmaceuticals Corp • Pharmaceutical preparations • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of April 9, 2018, by and among RXi Pharmaceuticals Corporation, 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”).
PLACEMENT AGENT COMMON STOCK PURCHASE WARRANT RXI PHARMACEUTICALS CORPORATIONPlacement Agent Common Stock Purchase Warrant • April 11th, 2018 • RXi Pharmaceuticals Corp • Pharmaceutical preparations
THIS PLACEMENT AGENT COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, or his assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the date hereof (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on (the “Termination Date”) but not thereafter, to subscribe for and purchase from RXi Pharmaceuticals Corporation, a Delaware corporation (the “Company”), up to shares (as subject to adjustment hereunder, the “Warrant Shares”) of the Company’s common stock (the “Common Stock”). The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b). This Warrant is being issued pursuant to that certain Engagement Letter, dated as of March 16, 2018, by and between the Company and H.C. Wainwright & Co., LLC.
STRICTLY CONFIDENTIAL RXi Pharmaceuticals CorporationExclusive Agency Agreement • April 11th, 2018 • RXi Pharmaceuticals Corp • Pharmaceutical preparations • New York
COMMON STOCK PURCHASE WARRANT RXI PHARMACEUTICALS CORPORATIONCommon Stock Purchase Warrant • April 11th, 2018 • RXi Pharmaceuticals Corp • Pharmaceutical preparations
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, _____________ or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the date hereof (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on the earlier of (i) five years after the date on which a registration statement registering the Warrant Shares (as hereinafter defined) for resale becomes effective or (ii) the 5.5 year anniversary of the Initial Exercise Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from RXi Pharmaceuticals Corporation, a Delaware corporation (the “Company”), up to ______ shares (as subject to adjustment hereunder, the “Warrant Shares”) of the Company’s common stock (the “Common Stock”). The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Sect
