0001427570-19-000104 Sample Contracts

PRE-FUNDED COMMON STOCK PURCHASE WARRANT OBALON THERAPEUTICS, INC.
Obalon Therapeutics Inc • August 1st, 2019 • Surgical & medical instruments & apparatus • 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 Obalon Therapeutics, Inc., a Delaware corporation (the “Company”), up to ______ shares of common stock, par value $0.001 per share (the “Common Stock”) (as subject to adjustment hereunder, the “Warrant Shares”). 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 shall initially be issued and maintained in the form of a security held in book-entry form and the Depository Trust Company or its nominee (“DTC”) shall initially be the sole registered holder of t

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COMMON STOCK PURCHASE WARRANT OBALON THERAPEUTICS, INC.
Common Stock Purchase Warrant • August 1st, 2019 • Obalon Therapeutics Inc • Surgical & medical instruments & apparatus • 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 hereof (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on _____________ (the “Termination Date”) but not thereafter, to subscribe for and purchase from Obalon Therapeutics, Inc., a Delaware corporation (the “Company”), up to ______ shares of common stock, par value $0.001 per share (the “Common Stock”) (as subject to adjustment hereunder, the “Warrant Shares”). 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 shall initially be issued and maintained in the form of a security held in book-entry form and the Depository Trust Company or its nominee (“DTC”) shall initially be the sole regist

OBALON THERAPEUTICS, INC. WARRANT AGENCY AGREEMENT
Warrant Agency Agreement • August 1st, 2019 • Obalon Therapeutics Inc • Surgical & medical instruments & apparatus • New York

WARRANT AGENCY AGREEMENT (this “Warrant Agreement”) made as of August [1], 2019 (the “Issuance Date”), between Obalon Therapeutics, Inc., a Delaware corporation, with offices at 5421 Avenida Encinas Suite F Carlsbad, CA 92008 (“Company”), and American Stock Transfer & Trust Company, LLC, with offices at 6201 15th Avenue, Brooklyn, NY 11219 (“Warrant Agent”).

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