COMMON STOCK PURCHASE WARRANT OXYGEN BIOTHERAPEUTICS, INC.Oxygen Biotherapeutics, Inc. • August 30th, 2013 • Services-commercial physical & biological research
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, JP SPC 3 obo OXBT FUND, SP 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 the close of business on the six (6) year anniversary of the Initial Exercise Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from Oxygen Biotherapeutics, Inc., a Delaware corporation (the “Company”), up to 2,358,975 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).
August 16, 2013Oxygen Biotherapeutics, Inc. • August 30th, 2013 • Services-commercial physical & biological research
This letter agreement is being delivered to you in connection with that certain Securities Purchase Agreement, dated July 21, 2013, by and among Oxygen Biotherapeutics, Inc. (the “Company”) and the purchasers identified therein, including the Substantial Purchaser (the “Series C Purchase Agreement”), and that certain Securities Purchase Agreement, dated August 7, by and among the Company and the purchasers identified therein, including the undersigned (“Series D Purchase Agreement”). Capitalized terms used and not otherwise defined herein shall have the meanings set forth in the Series C Purchase Agreement.
