SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • September 7th, 2018 • Delcath Systems, Inc. • Surgical & medical instruments & apparatus • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of August __, 2018, by and among Delcath Systems, Inc., a Delaware corporation (the “Company”), and the purchasers identified on the signature pages hereto (each, a “Purchaser,” or in the aggregate, the “Purchasers”).
8% SENIOR SECURED CONVERTIBLE PROMISSORY NOTE DUE , 2019Delcath Systems, Inc. • September 7th, 2018 • Surgical & medical instruments & apparatus • New York
THIS 8% SENIOR SECURED CONVERTIBLE PROMISSORY NOTE is one of a series of duly authorized and validly issued 8% Senior Secured Convertible Promissory Notes of Delcath Systems, Inc., a Delaware corporation (the “Company”), having its principal place of business at 1633 Broadway, Suite 22C, New York, NY 10019, designated as its 8% Senior Secured Convertible Promissory Note due , 2019 (this “Note”, or collectively with the other Notes of such series, the “Notes”).
BACKSTOP COMMITMENT PURCHASE AGREEMENTBackstop Commitment Purchase Agreement • September 7th, 2018 • Delcath Systems, Inc. • Surgical & medical instruments & apparatus • New York
BACKSTOP COMMITMENT PURCHASE AGREEMENT (this “Agreement”), dated as of August __, 2018, by and between Delcath Systems, Inc., a Delaware corporation (the “Company”), and the purchasers identified on the signature pages hereto (each, including its successors and permitted assigns, a “Purchaser,” or in the aggregate with the Purchasers under the Agreements dated June 4, 2018 and July 20, 2018, the “Purchasers”).
