NOVABAY PHARMACEUTICALS, INC. SERIES E COMMON STOCK PURCHASE WARRANTSecurities Agreement • June 14th, 2024 • NovaBay Pharmaceuticals, Inc. • Pharmaceutical preparations
THIS SERIES E 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 December 17, 2024 ( “Initial Exercise Date”), and (b) on or prior to 5:00 p.m. (New York City time) on December 17, 2029 (the “Termination Date”) but not thereafter, to subscribe for and purchase from NovaBay Pharmaceuticals, Inc., a Delaware corporation (the “Company”), up to [●] 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).
Re: Warrant Exercise AgreementWarrant Exercise Agreement • June 14th, 2024 • NovaBay Pharmaceuticals, Inc. • Pharmaceutical preparations
NovaBay Pharmaceuticals, Inc. (the “Company”) previously issued and delivered to you (“Holder” or “you” or “your”): (1) warrants issued in September 2022 (the “September 2022 Warrants”) to purchase Company common stock, par value $0.01 per share (“Common Stock”); (2) Series A-1 warrants issued in November 2022 (the “Series A-1 Warrants”) to purchase Common Stock; (3) Series B-1 warrants issued in May 2023 (the “Series B-1 Warrants”) to purchase Common Stock; and (4) Series B-2 warrants issued in May 2023 (the “Series B-2 Warrants”) to purchase Common Stock (collectively, the “Warrants”). The Warrants were issued pursuant to certain securities purchase and letter agreements, including the Securities Purchase Agreement, dated [●] (the “Purchase Agreement”).
