SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • November 20th, 2023 • Zevra Therapeutics, Inc. • Pharmaceutical preparations • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of November 20, 2023, between Zevra Therapeutics, Inc., 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”). To the extent there is only one purchaser identified on the signature pages hereto, any reference in this Agreement to Purchasers in the plural shall be deemed to be to Purchaser in the singular.
COMMON STOCK PURCHASE WARRANT ZEVRA THERAPEUTICS, INC.Common Stock Purchase Warrant • November 20th, 2023 • Zevra Therapeutics, Inc. • Pharmaceutical preparations • New York
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 November 22, 2028 (the “Termination Date”) but not thereafter, to subscribe for and purchase from Zevra Therapeutics, Inc., a Delaware corporation (the “Company”), up to 1,382,489 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).
CONTINGENT VALUE RIGHTS AGREEMENT by and between ZEVRA THERAPEUTICS, INC. and COMPUTERSHARE TRUST COMPANY, N.A. and COMPUTERSHARE INC., collectively, as Rights Agent Dated as of November 17, 2023Contingent Value Rights Agreement • November 20th, 2023 • Zevra Therapeutics, Inc. • Pharmaceutical preparations • New York
THIS CONTINGENT VALUE RIGHTS AGREEMENT, dated as of November 17, 2023 (this “CVR Agreement”), by and among Zevra Therapeutics, Inc., a Delaware corporation (the “Parent”) and Computershare Inc., a Delaware corporation, (“Computershare”) and its affiliate Computershare Trust Company, N.A., a federally chartered trust company, jointly as rights agent (collectively, the “Rights Agent”), in favor of each person who from time to time holds one or more Contingent Value Rights (“CVRs” and, each individually, a “CVR”) to receive cash payments in the amounts and subject to the terms and conditions set forth herein.
