WARRANT TO PURCHASE SHARES OF COMMON STOCK OF BEYOND AIR, INC. (Void after June 30, 2029)Warrant Agreement • June 27th, 2024 • Beyond Air, Inc. • Surgical & medical instruments & apparatus • Delaware
This certifies that AVENUE VENTURE OPPORTUNITIES FUND, LP, a Delaware limited partnership, or permitted assigns (“Holder”), for value received, is entitled to purchase from BEYOND AIR, INC., a Delaware corporation (“Company”), the Applicable Number (hereinafter defined) of fully paid and nonassessable shares of the Company’s Common Stock (the “Common Stock”), for cash, at a purchase price per share equal to the Exercise Price (hereinafter defined). Holder may also exercise this Warrant on a cashless or “net issuance” basis as described in Section 1(b) below, and this Warrant shall be deemed to have been exercised in full on such basis on the Expiration Date (hereinafter defined), to the extent not fully exercised prior to such date. This Warrant is issued in connection with that certain Loan and Security Agreement and Supplement thereto, both of even date herewith (as amended, restated and supplemented from time to time, the “Loan Agreement” and the “Supplement”, respectively), between
First Amendment to Loan DocumentsLoan Agreement • June 27th, 2024 • Beyond Air, Inc. • Surgical & medical instruments & apparatus
This First Amendment to Loan Documents (this “Amendment”) is entered into as of June 21, 2024, by and among AVENUE CAPITAL MANAGEMENT II, L.P., a Delaware limited partnership (as administrative and collateral agent (in such capacity, “Agent”)), AVENUE VENTURE OPPORTUNITIES FUND, L.P., a Delaware limited partnership (“Avenue”), AVENUE VENTURE OPPORTUNITIES FUND II, L.P., a Delaware limited partnership (“Avenue 2”; and, collectively with Avenue, “Lenders” and each, individually, a “Lender”), and BEYOND AIR, INC., a Delaware corporation (“Borrower”) and BEYOND AIR LTD., an Israeli private company, company # 514609387 (“Israeli Guarantor” or “Beyond Israel”).
