SUBSCRIPTION AGREEMENTSubscription Agreement • May 18th, 2018 • Marina Biotech, Inc. • Pharmaceutical preparations • New York
This SUBSCRIPTION AGREEMENT (this “Agreement”) made as of the last date set forth on the signature page hereof by and between Marina Biotech, Inc., a Delaware corporation (the “Company”), and the undersigned investor in the Offering (as defined below) (the “Subscriber”).
Vuong Trieu, Ph.D. Executive Chairman Marina Biotech, Inc. 17870 Castleton Street, Suite 250 City of Industry, CA 91748 Dear Dr. Trieu:Marina Biotech, Inc. • May 18th, 2018 • Pharmaceutical preparations • New York
This letter (the “Agreement”) constitutes the agreement between Maxim Group LLC (“Maxim” or the “Placement Agent”) and Marina Biotech, Inc., a Delaware corporation (the “Company”), that Maxim shall serve as the exclusive placement agent for the Company, on a “commercially reasonable efforts” basis, in connection with the proposed placement (the “Placement”) of shares (each a “Share” and collectively, the “Shares”) of the Company’s Series E Convertible Preferred Stock, par value $0.01 per share (the “Series E Preferred Stock”), with the preferences, rights and designations set forth in the Certificate of Designations for Series E Convertible Preferred Stock (the “Certificate of Designation”) and convertible into shares of the Company’s common stock, par value $0.006 per share (the “Common Stock” and the shares of Common Stock issuable upon conversion of the Series E Preferred Stock, the “Conversion Shares”), and warrants (each a “Warrant” and collectively, the “Warrants”; collectively w
