SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • March 10th, 2020 • Spherix Inc • Patent owners & lessors • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of March 9, 2020, between Spherix Incorporated, 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”).
PLACEMENT AGENT COMMON STOCK PURCHASE WARRANT SPHERIX INCORPORATEDPlacement Agent Common Stock Agreement • March 10th, 2020 • Spherix Inc • Patent owners & lessors
THIS PLACEMENT AGENT 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 set forth above (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on March 9, 2025 (the “Termination Date”) but not thereafter, to subscribe for and purchase from Spherix Incorporated, a Delaware corporation (the “Company”), up to ______ shares (as subject to adjustment hereunder, the “Warrant Shares”) of the Company’s 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). This Warrant is being issued pursuant to that certain engagement letter, date as of January 24, 2020, as amended, by and between the Company and H.C. Wainwright & Co., LLC.
