SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • August 15th, 2024 • Moleculin Biotech, Inc. • Pharmaceutical preparations • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of ______, 2024, between Moleculin Biotech, Inc., a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”).
SERIES B COMMON STOCK PURCHASE WARRANT MOLECULIN BIOTECH, INC.Warrant Agreement • August 15th, 2024 • Moleculin Biotech, Inc. • Pharmaceutical preparations • New York
THIS SERIES B 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 [Stockholder Approval Date]1 (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on the earlier of (i) the five (5) year anniversary of the Initial Exercise Date, and (ii) the six (6) month anniversary of the date on which the Company publicly announces the occurrence of the Series B Milestone Event (the “Termination Date”) but not thereafter, to subscribe for and purchase from Moleculin Biotech, Inc., a Delaware corporation (the “Company”), up to ______ shares of 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).
PLACEMENT AGENT COMMON STOCK PURCHASE WARRANT MOLECULIN BIOTECH, INC.Placement Agent Common Stock Purchase Warrant • August 15th, 2024 • Moleculin Biotech, Inc. • Pharmaceutical preparations • New York
THIS PLACEMENT AGENT 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 [Stockholder Approval Date] (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 Moleculin Biotech, Inc., a Delaware corporation (the “Company”), up to ______ shares of 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 is issued pursuant to that certain engagement agreement by and between the Company and H.C. Wainwright & Co., LLC, dated as of June 8, 2024.
SERIES A COMMON STOCK PURCHASE WARRANT MOLECULIN BIOTECH, INC.Series a Common Stock Purchase Warrant • August 15th, 2024 • Moleculin Biotech, Inc. • Pharmaceutical preparations • New York
THIS SERIES A 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 [Stockholder Approval Date]1 (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on the earlier of (i) the two (2) year anniversary of the Initial Exercise Date, and (ii) the 60th day following the date on which the Company publicly announces the occurrence of the Series A Milestone Event (the “Termination Date”) but not thereafter, to subscribe for and purchase from Moleculin Biotech, Inc., a Delaware corporation (the “Company”), up to ______ shares of 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).
