0001437749-23-015498 Sample Contracts

COMMON STOCK PURCHASE WARRANT ARCH THERAPEUTICS, INC.
Common Stock Purchase Warrant • May 23rd, 2023 • Arch Therapeutics, Inc. • Surgical & medical instruments & apparatus

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______(such applicable date, the “Termination Date”) but not thereafter, to subscribe for and purchase from Arch Therapeutics, Inc., a Nevada corporation (the “Company”), up to__________1shares (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).

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AMENDMENT NO. 2 TO SECURITIES PURCHASE AGREEMENT
Securities Purchase Agreement • May 23rd, 2023 • Arch Therapeutics, Inc. • Surgical & medical instruments & apparatus

This Amendment No. 2 to the Securities Purchase Agreement (this “Amendment”) is made and entered into effective May 15, 2023 (the “Amendment No. 2 Effective Date”) between Arch Therapeutics, Inc., a Nevada corporation (the “Company”), and the Consenting Stockholders (as defined below). Capitalized terms not defined herein shall have the same meaning as set forth in the Securities Purchase Agreement (as defined below).

SECOND AMENDED AND RESTATED REGISTRATION RIGHTS AGREEMENT
Registration Rights Agreement • May 23rd, 2023 • Arch Therapeutics, Inc. • Surgical & medical instruments & apparatus

This Second Amended and Restated Registration Rights Agreement (this “Agreement”) is made and entered into as of May 15, 2023, between Arch Therapeutics, Inc., a Nevada Corporation (the “Company”), and certain holders of the Company’s Notes and Warrants identified on the signature pages hereto (collectively, the “Consenting Stockholders”). This Agreement amends and restates that certain Amended and Restated Registration Rights Agreement, dated as of January 18, 2023, as amended on April 15, 2023 (as amended, the “A&R Registration Rights Agreement”), by and among the Company and each purchaser identified on the signature pages thereto (each, including its successors and assigns, a “Purchaser” and collectively, the “Purchasers”).

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