VIVOS THERAPEUTICS, INC. FORM OF SERIES B-2 COMMON STOCK PURCHASE WARRANTVivos Therapeutics, Inc. • February 15th, 2024 • Surgical & medical instruments & apparatus
THIS SERIES B-2 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 date hereof (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on August [__], 2025 (the “Termination Date”) but not thereafter, to subscribe for and purchase from Vivos Therapeutics, 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).
VIVOS THERAPEUTICS, INC. Littleton, CO 80120Vivos Therapeutics, Inc. • February 15th, 2024 • Surgical & medical instruments & apparatus
VIVOS THERAPEUTICS, INC. (the “Company”) is pleased to offer (this “Offer”) to you (“Holder”, “you” or similar terminology) the opportunity to receive new common stock purchase warrants (the “New Warrants”) to purchase up an aggregate of 1,470,590 shares (collectively, the “New Warrant Shares”) of common stock, par value $0.001 per share, of the Company (the “Common Stock”), equal to 150% of the 980,393 shares of Common Stock (such shares, collectively, the “Warrant Shares”) issuable pursuant to the exercise of that certain Series B Common Stock Purchase Warrant, currently held by you and issued to you on November 2, 2023 (the “Existing Warrant”), as more particularly set forth on the signature page hereto, in consideration for exercising for cash all of the Existing Warrant (which currently has an exercise price per share of $3.83) at an exercise price per share of $4.02 (with such exercise price being established for purposes of compliance with Nasdaq Stock Market listing rules) (the
CONFIDENTIAL Vivos Therapeutics, Inc. Attention: Bradford K. Amman Littleton, CO 80120Vivos Therapeutics, Inc. • February 15th, 2024 • Surgical & medical instruments & apparatus • New York
The purpose of this financial advisory agreement (this “Agreement”) is to confirm the engagement of A.G.P./Alliance Global Partners (“A.G.P.”) by Vivos Therapeutics, Inc. (the “Company”) to render Financial Services (as defined below) to the Company.
