TRACON PHARMACEUTICALS, INC. AMENDED AND RESTATED PRE-FUNDED WARRANT TO PURCHASE COMMON STOCKWarrant Agreement • June 21st, 2022 • Tracon Pharmaceuticals, Inc. • Biological products, (no disgnostic substances) • New York
THIS CERTIFIES THAT, for value received, [______] or its permitted assigns (the “Holder”), is entitled to subscribe for and purchase at the Exercise Price (defined below) from TRACON Pharmaceuticals, Inc., a Delaware corporation (the “Company”), up to [______] shares of the Common Stock of the Company (the “Common Stock”), subject to adjustment as provided herein. This Warrant is one of a series of Warrants being issued pursuant to the terms of the Securities Purchase Agreement, dated August 28, 2020, by and among the Company and the original Holder of this Warrant and the other parties named therein (the “Purchase Agreement”). This Warrant amends and restates, in its entirety, that certain Pre-Funded Warrant to Purchase Common Stock issued to Holder dated August 31, 2020 (the “Existing Warrant”), however, this Warrant shall not be deemed to have been issued in payment, satisfaction, cancellation or novation of the Existing Warrant. Capitalized terms not otherwise defined herein shall
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • June 21st, 2022 • Tracon Pharmaceuticals, Inc. • Biological products, (no disgnostic substances) • New York
This Securities Purchase Agreement (this “Agreement”), dated as of June 21, 2022, is made by and among TRACON Pharmaceuticals, Inc., a Delaware corporation (the “Company”), and the Purchasers listed on Exhibit A hereto, together with their permitted transferees (each, a “Purchaser” and collectively, the “Purchasers”). The capitalized terms used herein and not otherwise defined have the meanings given them in Article 6.
