REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • September 27th, 2024 • Beyond Air, Inc. • Surgical & medical instruments & apparatus
This Registration Rights Agreement (this “Agreement”) is made and entered into as of September [ ], 2024, by and between Beyond Air, Inc., a Delaware corporation (the “Company”), and each of the several purchasers signatory hereto (each such purchaser, a “Purchaser” and, collectively, the “Purchasers”).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • September 27th, 2024 • Beyond Air, Inc. • Surgical & medical instruments & apparatus • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of September [ ], 2024 (the “Effective Date”), among Beyond Air, Inc., a Delaware corporation (the “Company”), and each purchaser identified on Exhibit A attached hereto (each a “Purchaser” and, collectively, the “Purchasers”).
ContractBeyond Air, Inc. • September 27th, 2024 • Surgical & medical instruments & apparatus • New York
NEITHER THIS SECURITY NOR THE SECURITIES FOR WHICH THIS SECURITY IS EXERCISABLE HAVE BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR THE SECURITIES LAWS OF ANY STATE OF THE UNITED STATES OR IN ANY OTHER JURISDICTION. NEITHER THIS SECURITY NOR THE SECURITIES FOR WHICH THIS SECURITY IS EXERCISABLE MAY BE OFFERED, SOLD OR TRANSFERRED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT FOR THE SECURITIES UNDER APPLICABLE SECURITIES LAWS UNLESS OFFERED, SOLD OR TRANSFERRED PURSUANT TO AN AVAILABLE EXEMPTION FROM THE REGISTRATION REQUIREMENTS OF THOSE LAWS, INCLUDING RULE 144 UNDER THE SECURITIES ACT. NOTWITHSTANDING THE FOREGOING, THIS SECURITY AND THE SECURITIES FOR WHICH THIS SECURITY IS EXERCISABLE MAY BE PLEDGED IN CONNECTION WITH A BONA FIDE MARGIN ACCOUNT OR OTHER LOAN OR FINANCING ARRANGEMENT SECURED BY SUCH SECURITIES.
ContractBeyond Air, Inc. • September 27th, 2024 • Surgical & medical instruments & apparatus • New York
NEITHER THIS SECURITY NOR THE SECURITIES FOR WHICH THIS SECURITY IS EXERCISABLE HAVE BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR THE SECURITIES LAWS OF ANY STATE OF THE UNITED STATES OR IN ANY OTHER JURISDICTION. NEITHER THIS SECURITY NOR THE SECURITIES FOR WHICH THIS SECURITY IS EXERCISABLE MAY BE OFFERED, SOLD OR TRANSFERRED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT FOR THE SECURITIES UNDER APPLICABLE SECURITIES LAWS UNLESS OFFERED, SOLD OR TRANSFERRED PURSUANT TO AN AVAILABLE EXEMPTION FROM THE REGISTRATION REQUIREMENTS OF THOSE LAWS, INCLUDING RULE 144 UNDER THE SECURITIES ACT. NOTWITHSTANDING THE FOREGOING, THIS SECURITY AND THE SECURITIES FOR WHICH THIS SECURITY IS EXERCISABLE MAY BE PLEDGED IN CONNECTION WITH A BONA FIDE MARGIN ACCOUNT OR OTHER LOAN OR FINANCING ARRANGEMENT SECURED BY SUCH SECURITIES.
August 16, 2024 Strictly Confidential Steve Lisi Chief Executive Officer and Chairman of the Board Beyond Air, Inc. Garden City, NY 11530 Dear Steve:Letter Agreement • September 27th, 2024 • Beyond Air, Inc. • Surgical & medical instruments & apparatus
This letter agreement (this “Agreement”) confirms the understanding with respect to the new engagement by Beyond Air, Inc. (collectively with its subsidiaries and affiliates, the “Company”) of BTIG, LLC (“BTIG”), Laidlaw & Company (UK) LTD (“Laidlaw”), Arcadia Securities, LLC, (“Arcadia”) and JonesTrading Institutional Services LLC (“JonesTrading”) to provide investment banking services in connection with the sale of equity, debt or equity-linked securities (the “Securities”) on a best efforts basis through one or more private placement transactions to qualified investors (the “Transaction”). Each of BTIG, Laidlaw, Arcadia, and JonesTrading shall be referred to as a “Placement Agent” hereunder, and shall be referred to herein collectively as the “Placement Agents”.
