SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • June 4th, 2020 • Iterum Therapeutics PLC • Pharmaceutical preparations • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of June 3, 2020, between Iterum Therapeutics plc, an Irish incorporated public limited company (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”).
ORDINARY SHARE PURCHASE WARRANT ITERUM THERAPEUTICS PLCOrdinary Share Purchase Warrant • June 4th, 2020 • Iterum Therapeutics PLC • Pharmaceutical preparations • New York
THIS ORDINARY SHARE PURCHASE WARRANT (the “Warrant”) certifies that, for value of $0.0001 received by the Company, _____________ 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 June 5, 2020 (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on December 5, 2025 (the “Termination Date”) but not thereafter, to subscribe for and purchase from Iterum Therapeutics PLC, an Irish incorporated public limited company (the “Company”), up to ______ Ordinary Shares (as subject to adjustment hereunder, the “Warrant Shares”). The purchase price of one Ordinary Share under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).
PLACEMENT AGENT ORDINARY SHARE PURCHASE WARRANT ITERUM THERAPEUTICS PLCPlacement Agent Ordinary Share Purchase Warrant • June 4th, 2020 • Iterum Therapeutics PLC • Pharmaceutical preparations • New York
THIS ORDINARY SHARE PURCHASE WARRANT (the “Warrant”) certifies that, for value of $0.0001 received by the Company, _____________ 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 June 5, 2020 (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on June 3, 2025 (the “Termination Date”) but not thereafter, to subscribe for and purchase from Iterum Therapeutics PLC, an Irish incorporated public limited company (the “Company”), up to ______ Ordinary Shares (as subject to adjustment hereunder, the “Warrant Shares”). The purchase price of one Ordinary Share under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b). This Warrant is issued by the Company pursuant to the Engagement Agreement, dated as of June 1, 2020, between the Company and H.C. Wainwright & Co., LLC.
