SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • March 22nd, 2018 • Hemispherx Biopharma Inc • Biological products, (no disgnostic substances) • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of March 21, 2018, between Hemispherx BioPharma, 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”).
March 21, 2018 (Sent via Electronic Mail)Engagement Agreement • March 22nd, 2018 • Hemispherx Biopharma Inc • Biological products, (no disgnostic substances) • California
This letter agreement (the “Agreement”) confirms that Hemispherx Biopharma, Inc., inclusive of its subsidiaries, affiliates and joint-venture entities (“Client”) has engaged Ascendiant Capital Markets, LLC ("Ascendiant") to act on a “best efforts” basis as financial advisor and non-exclusive placement agent (as defined in Section 4 below) for the Client in connection with the structuring, issuance, and sale of debt and/or equity “Securities” to “Investors” (pursuant to the definitions of Transaction(s), Securities and Investors below). Ascendiant Capital Markets, LLC is an investment banking firm registered as a broker-dealer with the U.S. Securities and Exchange Commission (SEC), and member of the Financial Industry Regulatory Authority (FINRA) and Securities Investor Protection Corporation (SIPC).
