SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • January 3rd, 2022 • Xeris Biopharma Holdings, Inc. • Pharmaceutical preparations • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of January 2, 2022, between Xeris Biopharma Holdings, Inc., a Delaware corporation (the “Company”), and the purchaser identified on the signature page hereto (including its successors and assigns, the “Purchaser”).
COMMON STOCK PURCHASE WARRANT XERIS BIOPHARMA HOLDINGS, INC.Xeris Biopharma Holdings, Inc. • January 3rd, 2022 • Pharmaceutical preparations
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, Armistice Capital Master Fund Ltd. 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 date that is the fifth anniversary of the Effective Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from Xeris Biopharma Holdings, Inc., a Delaware corporation (the “Company”), up to 5,119,454 shares (as subject to adjustment hereunder, the “Warrant Shares”) of 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).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • January 3rd, 2022 • Xeris Biopharma Holdings, Inc. • Pharmaceutical preparations
This Registration Rights Agreement (this “Agreement”) is made and entered into as of January 2, 2022, between Xeris Biopharma Holdings, Inc., a Delaware corporation (the “Company”), and the purchaser signatory hereto (the “Purchaser”).
