PRE-FUNDED COMMON STOCK PURCHASE WARRANT DELMAR PHARMACEUTICALS, INC.DelMar Pharmaceuticals, Inc. • August 15th, 2019 • Pharmaceutical preparations • New York
THIS PRE-FUNDED COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, _____________ 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”) until this Warrant is exercised in full (the “Termination Date”) but not thereafter, to subscribe for and purchase from DelMar Pharmaceuticals, Inc., a Nevada corporation (the “Company”), up to ______ 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).
DELMAR PHARMACEUTICALS, INC and MOUNTAIN SHARE Transfer, LLC, as Warrant Agent Warrant Agency Agreement Dated as of August 14, 2019Warrant Agency Agreement • August 15th, 2019 • DelMar Pharmaceuticals, Inc. • Pharmaceutical preparations • New York
WARRANT AGENCY AGREEMENT, dated as of August 14, 2019 (“Agreement”), between DelMar Pharmaceuticals, Inc., a corporation organized under the laws of the State of Nevada (the “Company”), and Mountain Share Transfer, LLC (the “Warrant Agent”).
COMMON STOCK PURCHASE WARRANT DELMAR PHARMACEUTICALS, INC.DelMar Pharmaceuticals, Inc. • August 15th, 2019 • Pharmaceutical preparations • New York
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, [ ] 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 that is 180 days from the effective date (“Effective Date”) of the Registration Statement as defined below (the “Initial Exercise Date”) and on or prior to the close of business on [ ], 20221 (the “Termination Date”) but not thereafter, to subscribe for and purchase from DelMar Pharmaceuticals, Inc., a Nevada corporation (the “Company”), up to [_____] 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).
4,095,000 SHARES of Common Stock, 2,655,000 PRE-FUNDED warrants (exercisable for 2,655,000 Shares) and 6,750,000 Warrants (exercisable for 6,750,000 Shares) of DELMAR PHARMACEUTICALS, INC. UNDERWRITING AGREEMENTWarrant Agency Agreement • August 15th, 2019 • DelMar Pharmaceuticals, Inc. • Pharmaceutical preparations • New York
The undersigned, DelMar Pharmaceuticals, Inc., a company incorporated under the laws of Nevada (collectively with its subsidiaries and affiliates, including, without limitation, all entities disclosed or described in the Registration Statement as being subsidiaries or affiliates of DelMar Pharmaceuticals, Inc., the “Company”), hereby confirms its agreement (this “Agreement”) with the several underwriters (such underwriters, including the Representatives (as defined below), the “Underwriters” and each an “Underwriter”) named in Schedule I hereto for which Maxim Group LLC and Dawson James Securities, Inc. are acting as representatives to the several Underwriters (each a “Representative” and collectively, the “Representatives” and if there are no Underwriters other than the Representatives, references to multiple Underwriters shall be disregarded and the term Representatives as used herein shall have the same meaning as Underwriter) on the terms and conditions set forth herein.
FORM OF LEAK-OUT AGREEMENTLeak-Out Agreement • August 15th, 2019 • DelMar Pharmaceuticals, Inc. • Pharmaceutical preparations
This agreement (the “Leak-Out Agreement”) is being delivered to you in connection with an understanding by and between DelMar Pharmaceuticals, Inc., a Nevada corporation (the “Company”), and the person or persons named on the signature pages hereto (collectively, the “Holder”).
