COMMON STOCK PURCHASE AGREEMENTCommon Stock Purchase Agreement • March 14th, 2019 • Bionano Genomics, Inc • Laboratory analytical instruments • Illinois
COMMON STOCK PURCHASE AGREEMENT (the “Agreement”), dated as of March 14, 2019, by and between BIONANO GENOMICS, INC., a Delaware corporation (the “Company”), and ASPIRE CAPITAL FUND, LLC, an Illinois limited liability company (the “Buyer”). Capitalized terms used herein and not otherwise defined herein are defined in Section 10 hereof.
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • March 14th, 2019 • Bionano Genomics, Inc • Laboratory analytical instruments • Illinois
REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of March 14, 2019, by and between BIONANO GENOMICS, INC., a Delaware corporation (the “Company”), and ASPIRE CAPITAL FUND, LLC, an Illinois limited liability company (together with its permitted assigns, the “Buyer”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings set forth in the Common Stock Purchase Agreement by and between the parties hereto, dated as of the date hereof (as amended, restated, supplemented or otherwise modified from time to time, the “Purchase Agreement”).
ContractBionano Genomics, Inc • March 14th, 2019 • Laboratory analytical instruments • New York
THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR THE SECURITIES LAWS OF ANY STATE AND, EXCEPT AS SET FORTH IN SECTIONS 5.3 AND 5.4 BELOW, MAY NOT BE OFFERED, SOLD, PLEDGED OR OTHERWISE TRANSFERRED (I) UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND LAWS OR (II) WITHOUT AN OPINION OF COUNSEL, IN FORM AND SUBSTANCE REASONABLY SATISFACTORY TO THE COMPANY, THAT SUCH OFFER, SALE, PLEDGE OR OTHER TRANSFER IS EXEMPT FROM SUCH REGISTRATION.
BIONANO GENOMICS, INC. REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • March 14th, 2019 • Bionano Genomics, Inc • Laboratory analytical instruments
THIS REGISTRATION RIGHTS AGREEMENT (this “Agreement”) is entered into as of March 14, 2019, by and among BIONANO GENOMICS, INC., a Delaware corporation (the “Company”), INNOVATUS LIFE SCIENCES LENDING FUND I, LP and INNOVATUS LIFE SCIENCES OFFSHORE FUND I, LP (collectively, “Investor”). The Company and Investor may be referred to hereinafter collectively as the “Parties” and each individually as a “Party.”
COMMON STOCK PURCHASE AGREEMENTCommon Stock Purchase Agreement • March 14th, 2019 • Bionano Genomics, Inc • Laboratory analytical instruments • New York
This COMMON STOCK PURCHASE AGREEMENT (this “Agreement”), dated as of March 14, 2019, is made by and among BIONANO GENOMICS, INC., a Delaware corporation (the “Company”), INNOVATUS LIFE SCIENCES LENDING FUND I, LP and INNOVATUS LIFE SCIENCES OFFSHORE FUND I, LP (collectively, “Purchaser”).
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • March 14th, 2019 • Bionano Genomics, Inc • Laboratory analytical instruments • New York
THIS LOAN AND SECURITY AGREEMENT (as the same may be amended, restated, modified, or supplemented from time to time, this “Agreement”) dated as of March 14, 2019 (the “Effective Date”) among INNOVATUS LIFE SCIENCES LENDING FUND I, LP, a Delaware limited partnership, as collateral agent (in such capacity, together with its successors and assigns in such capacity, “Collateral Agent”), and the Lenders listed on Schedule 1.1 hereof or otherwise a party hereto from time to time including EAST WEST BANK in its capacity as a Lender (“Bank”), and BIONANO GENOMICS, INC., a Delaware corporation (“Borrower”), provides the terms on which the Lenders shall lend to Borrower and Borrower shall repay the Lenders. The parties agree as follows:
