SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • August 8th, 2024 • Indaptus Therapeutics, Inc. • Pharmaceutical preparations • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of August 7, 2024, between Indaptus Therapeutics, 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”).
THIS WARRANT AND THE SHARES OF COMMON STOCK ISSUED UPON ITS EXERCISE ARE SUBJECT TO THE RESTRICTIONS ON TRANSFER SET FORTH IN SECTION 5 OF THIS WARRANTCommon Stock Purchase Warrant • August 8th, 2024 • Indaptus Therapeutics, Inc. • Pharmaceutical preparations • New York
Indaptus Therapeutics, Inc., a Delaware corporation (the “Company”), for value received, hereby certifies that [●], or its registered assigns (the “Registered Holder”), is entitled, subject to the terms and conditions set forth below, to purchase from the Company, at any time or from time to time on or after August 8, 2024 (the “Initial Exercise Date”) and on or before 5:00 p.m. (New York City time) on August 8, 2029 (the “Termination Date”), [●] shares of Common Stock, $0.01 par value per share, of the Company (“Common Stock”), at a purchase price of $1.70 per share. The shares purchasable upon exercise of this Warrant, and the purchase price per share, each as adjusted from time to time pursuant to the provisions of this Warrant, are hereinafter referred to as the “Warrant Shares” and the “Purchase Price,” respectively. This Warrant is one of the Common Stock Purchase Warrants (the “Warrants”) issued pursuant to that certain Securities Purchase Agreement, dated as of August 7, 2024,
PLACEMENT AGENT AGREEMENTPlacement Agent Agreement • August 8th, 2024 • Indaptus Therapeutics, Inc. • Pharmaceutical preparations
This Placement Agent Agreement (“Agreement”) is made by and between Indaptus Therapeutics, Inc, (the “Company”), and Paulson Investment Company, LLC, a Delaware limited liability company (the “Placement Agent”), as of the date first above written. The Company hereby engages the Placement Agent to assist the Company as its exclusive placement agent in arranging a placement of its equity securities (the “Securities”), on terms to be determined by the parties hereto (the “Offering”). The terms of the Offering will be more fully described in the definitive transaction documents pertaining to the Offering, to be prepared by the Company.
