COMMON STOCK PURCHASE WARRANTCommon Stock Purchase Warrant • September 24th, 2020 • Conformis Inc • Orthopedic, prosthetic & surgical appliances & supplies
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 Initial Exercise Date and on or prior to 5:00 p.m. (New York City time) on September 28, 2025 (the “Termination Date”) but not thereafter, to subscribe for and purchase from Conformis, Inc., a Delaware corporation (the “Company”), up to 18,005,041 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).
CONFORMIS, INC. 18,005,041 Units, Each Consisting of One Share of Common Stock (or Pre-Funded Warrants in lieu thereof) and a Warrant to Purchase One Share of Common Stock PLACEMENT AGENT AGREEMENTPlacement Agent Agreement • September 24th, 2020 • Conformis Inc • Orthopedic, prosthetic & surgical appliances & supplies • New York
Subject to the terms and conditions herein (this “Agreement”) Conformis, Inc., a Delaware corporation (the “Company”), hereby agrees to sell up to an aggregate of (i) 18,005,041 (the “Shares”) of the Company’s common stock, $0.00001 par value per share (the “Common Stock”) or pre-funded warrants to purchase Shares of Common Stock (the “Pre-Funded Warrants”) in lieu thereof and (ii) warrants (the “Warrants”) to purchase up to an aggregate of 18,005,041 shares of Common Stock (the “Warrant Shares”) directly to various purchasers (each, a “Purchaser” and, collectively, the “Purchasers”) through Oppenheimer & Co. Inc., as Placement Agent (the “Placement Agent”). This Agreement and the documents executed and delivered by the Company and the Purchasers in connection with the Offering (as defined below), including, without limitation, a subscription agreement (the “Subscription Agreement”), shall be collectively referred to herein as the “Transaction Documents.” The shares of Common Stock iss
Conformis, Inc. Billerica, MA 01821Conformis Inc • September 24th, 2020 • Orthopedic, prosthetic & surgical appliances & supplies • New York
The undersigned (the “Investor”) hereby confirms its agreement with Conformis, Inc., a Delaware corporation (the “Company”) as follows:
