SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • October 1st, 2024 • AIM ImmunoTech Inc. • Biological products, (no disgnostic substances) • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of September 30, 2024, between AIM ImmunoTech 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”).
PLACEMENT AGENCY AGREEMENTPlacement Agency Agreement • October 1st, 2024 • AIM ImmunoTech Inc. • Biological products, (no disgnostic substances) • New York
CLASS C COMMON STOCK PURCHASE WARRANT AIM IMMUNOTECH INC.Class C Common Stock Agreement • October 1st, 2024 • AIM ImmunoTech Inc. • Biological products, (no disgnostic substances)
THIS CLASS C COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, Armistice Capital Master Fund Ltd. 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 that is the 6 month anniversary of the Issue Date (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on October 1, 2026 (the “Termination Date”) but not thereafter, to subscribe for and purchase from AIM ImmunoTech Inc., a Delaware corporation (the “Company”), up to 4,653,036 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).
CLASS D COMMON STOCK PURCHASE WARRANT AIM IMMUNOTECH INC.Class D Common Stock Agreement • October 1st, 2024 • AIM ImmunoTech Inc. • Biological products, (no disgnostic substances)
THIS CLASS D COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, Armistice Capital Master Fund Ltd. 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 that is the 6 month anniversary of the Issue Date (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on April 1, 2030 (the “Termination Date”) but not thereafter, to subscribe for and purchase from AIM ImmunoTech Inc., a Delaware corporation (the “Company”), up to 4,653,036 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).
