REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • September 20th, 2017 • Polarityte, Inc. • Services-prepackaged software
THIS REGISTRATION RIGHTS AGREEMENT (this “Agreement”) is made as of _________ 2017, among PolarityTE, Inc., a Delaware corporation (the “Company”), and each signatory hereto (each, an “Investor” and collectively, the “Investors”). Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Subscription Agreement (as defined below).
FORM OF COMMON STOCK PURCHASE WARRANT POLARITYTE, INC.Polarityte, Inc. • September 20th, 2017 • Services-prepackaged software
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 Issuance Date (the “Initial Exercise Date”) and on or prior to the close of business on the two (2) year anniversary of the Initial Exercise Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from POLARITYTE, 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).
SUBSCRIPTION AGREEMENTSubscription Agreement • September 20th, 2017 • Polarityte, Inc. • Services-prepackaged software • New York
This Subscription Agreement (this “Agreement”) is being delivered to the purchaser identified on the signature page to this Agreement (the “Subscriber”) in connection with its investment in the securities of PolarityTE, Inc., a Delaware corporation (the “Company”). The Company is conducting a private placement (the “Offering”) of a minimum of Fifteen Million Dollars ($15,000,000) (the “Minimum Offering Amount”) of units (the “Units”) at a purchase price of $2,750 per Unit (the “Purchase Price”) with each Unit consisting of (i) one share (the “Shares”) of Company’s Series F Convertible Preferred Stock, par value $0.001 per share, which is convertible into one hundred (100) shares (the “Conversion Shares”) of common stock, par value $0.001 per share (the “Common Stock”) , with such rights and designations as set forth in the form of Certificate of Designation of Preferences, Rights and Limitations of Series F Convertible Preferred Stock, attached hereto as Exhibit A, (the “Series F Certi
