0001437749-20-013055 Sample Contracts

ACELRX PHARMACEUTICALS, INC., Issuer AND [TRUSTEE], Trustee INDENTURE Dated as of [●], 20__ Debt Securities
Indenture • June 12th, 2020 • Acelrx Pharmaceuticals Inc • Pharmaceutical preparations • New York

Indenture, dated as of [●], 20__, among AcelRx Pharmaceuticals, Inc., a Delaware corporation (the “Company”), and [Trustee], as trustee (the “Trustee”):

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ACELRX PHARMACEUTICALS, INC. and _____________, As Warrant Agent Form of Preferred Stock Warrant Agreement Dated As Of __________
Preferred Stock Warrant Agreement • June 12th, 2020 • Acelrx Pharmaceuticals Inc • Pharmaceutical preparations • New York

This Preferred Stock Warrant Agreement (this “Agreement”), dated as of [●], between AcelRx Pharmaceuticals, Inc., a Delaware corporation (the “Company”), and [●], a [corporation] [national banking association] organized and existing under the laws of [●] and having a corporate trust office in [●], as warrant agent (the “Warrant Agent”).

ACELRX PHARMACEUTICALS, INC. and _____________, As Warrant Agent Form of Common Stock Warrant Agreement Dated As Of __________
Common Stock Warrant Agreement • June 12th, 2020 • Acelrx Pharmaceuticals Inc • Pharmaceutical preparations • New York

This Common Stock Warrant Agreement (this “Agreement”), dated as of [●], between AcelRx Pharmaceuticals, Inc., a Delaware corporation (the “Company”), and [●], a [corporation] [national banking association] organized and existing under the laws of [●] and having a corporate trust office in [●], as warrant agent (the “Warrant Agent”).

AMENDMENT NO. 1 TO SALES AGREEMENT
Sales Agreement • June 12th, 2020 • Acelrx Pharmaceuticals Inc • Pharmaceutical preparations

THIS AMENDMENT NO. 1 TO THE CONTROLLED EQUITY OFFERINGSM SALES AGREEMENT, dated as of April 29, 2020, is entered into by and between ACELRX PHARMACEUTICALS, INC. (the “Company”) and CANTOR FITZGERALD & CO. (the “Agent”). Capitalized terms used but not otherwise defined herein shall have the respective meanings ascribed to them in the Sales Agreement (as defined below).

ACELRX PHARMACEUTICALS, INC. and _____________, As Warrant Agent Form of Debt Securities Warrant Agreement Dated As Of __________
Debt Securities Warrant Agreement • June 12th, 2020 • Acelrx Pharmaceuticals Inc • Pharmaceutical preparations • New York

This Debt Securities Warrant Agreement (this “Agreement”), dated as of [●], between AcelRx Pharmaceuticals, Inc., a Delaware corporation (the “Company”), and [●], a [corporation] [national banking association] organized and existing under the laws of [●] and having a corporate trust office in [●], as warrant agent (the “Warrant Agent”).

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