REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • August 11th, 2023 • Arch Therapeutics, Inc. • Surgical & medical instruments & apparatus
This Agreement is made pursuant to the Securities Purchase Agreement, dated as of July 7, 2023 between the Company and each Purchaser (the “Purchase Agreement”).
PRE-FUNDED COMMON STOCK PURCHASE WARRANT ARCH THERAPEUTICS, INC.Security Agreement • August 11th, 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 until this Warrant is exercised in full (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 ______1 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).
COMMON STOCK PURCHASE WARRANT ARCH THERAPEUTICS, INC.Common Stock Purchase Warrant • August 11th, 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 July 7, 2028 (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 ______1 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).
AMENDMENT NO. 3 TO UNSECURED CONVERTIBLE PROMISSORY NOTEUnsecured Convertible Promissory Note • August 11th, 2023 • Arch Therapeutics, Inc. • Surgical & medical instruments & apparatus
This Amendment No. 3 (this “Amendment”), dated as of July 7, 2023, to those certain Unsecured Convertible Promissory Notes (as amended, the “Third Notes”), issued by Arch Therapeutics, Inc., a Nevada corporation (the “Company”), to each Holder pursuant to that certain Securities Purchase Agreement, dated July 6, 2022, by and among the Company and the signatories thereto (the “Holders”), as amended on January 18, 2023 and as subsequently amended on May 15, 2023 (as amended, the “Securities Purchase Agreement”) is made by and among the Company and the Consenting Stockholders (as defined below). Capitalized terms used herein but not otherwise defined shall have the meanings ascribed to them in the Securities Purchase Agreement.
ARCH THERAPEUTICS, INC. OMNIBUS AMENDMENT TO NOTES AND WARRANTSOmnibus Amendment to Notes and Warrants • August 11th, 2023 • Arch Therapeutics, Inc. • Surgical & medical instruments & apparatus
This Omnibus Amendment to Notes and Warrants (this “Amendment”) to those certain (i) “First Notes” (the “First Notes”) (as defined in the Purchase Agreement (as defined below)), (ii) “Second Notes” (the “Second Notes”) (as defined in the Purchase Agreement), (iii) Third Notes (the “Third Notes” and, collectively with the First Notes and Second Notes, the “Notes”) (as defined in the Purchase Agreement), and (iv) related warrants (the “First Warrants”, “Second Warrants” and “Third Warrants”, respectively, and collectively, the “Warrants”) issued pursuant to the certain Securities Purchase Agreement, dated July 6, 2022, as amended on January 18, 2023 and May 15, 2023 (as amended, the “Purchase Agreement”), by and among Arch Therapeutics, Inc., a Nevada corporation (the “Company”) and certain institutional and accredited institutional investors (collectively, the “Holders”), is made by and among the Company and the Consenting Stockholders (as defined below). Capitalized terms not otherwise
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • August 11th, 2023 • Arch Therapeutics, Inc. • Surgical & medical instruments & apparatus • Nevada
This SECURITIES PURCHASE AGREEMENT (the “Agreement”), dated as of July 7, 2023 (the “Effective Date”), by ARCH THERAPEUTICS, INC., a Nevada corporation, with headquarters located at 235 Walnut Street, Suite 6, Framingham, MA 01702 (the “Company”), and each buyer identified on the signature pages hereto (each, including it successors and assigns, a “Buyer” and collectively, the “Buyers”).
