ContractCommon Stock Purchase Warrant • July 17th, 2023 • 60 Degrees Pharmaceuticals, Inc. • Pharmaceutical preparations • New York
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, _____________ 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 the Common Stock of the Company (as defined below) commences trading on a Trading Market (as defined herein) (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on the fifth anniversary of the Initial Exercise Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from 60 Degrees Pharmaceuticals, Inc., a Delaware corporation (the “Company”), up to ______ 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). This Warrant shall initially be issued and maintained in the form of a security held in book-entr
WARRANT AGENT AGREEMENTWarrant Agent Agreement • July 17th, 2023 • 60 Degrees Pharmaceuticals, Inc. • Pharmaceutical preparations
This Warrant Agent Agreement (this “Warrant Agreement”), effective as of July 12, 2023 (the “Issuance Date”) is between 60 Degrees Pharmaceuticals, Inc., a company incorporated under the laws of the State of Delaware (the “Company”), and Equity Stock Transfer, LLC, a California limited liability company (the “Warrant Agent”).
UNDERWRITING AGREEMENT 1,415,095 Units, Each Consisting of One Share of Common Stock, One Warrant to Purchase One Share of Common Stock, and One Non-tradeable Warrant to Purchase One Share of Common StockUnderwriting Agreement • July 17th, 2023 • 60 Degrees Pharmaceuticals, Inc. • Pharmaceutical preparations • New York
In addition, the Company shall pay the Representative an aggregate cash discount equal to eight percent (8%) of the aggregate sales price of securities sold in the Offering plus one and one-half percent (1.5%) of the aggregate sales price of securities sold in the Offering. In addition, the Company shall issue to the Representative that number of warrants equal to six percent (6%) of the number of securities of common stock sold in the Offering.
NEITHER THIS SECURITY NOR THE SECURITIES FOR WHICH THIS SECURITY IS EXERCISABLE HAVE BEEN REGISTERED WITH THE SECURITIES AND EXCHANGE COMMISSION OR THE SECURITIES COMMISSION OF ANY STATE IN RELIANCE UPON AN EXEMPTION FROM REGISTRATION UNDER THE...Security Agreement • July 17th, 2023 • 60 Degrees Pharmaceuticals, Inc. • Pharmaceutical preparations
THIS CERTIFIES THAT, pursuant to that certain Underwriting Agreement by and between 60 Degrees Pharmaceuticals, Inc., a Delaware corporation (the “Company”) and WallachBeth Capital LLC dated July 12, 2023 (the “Underwriting Agreement”), WallachBeth Capital LLC (“Holder”) and its assignees, as registered holders of this purchase warrant (this “Warrant”), is entitled, at any time or from time to time from July 14, 2023 (the “Initial Exercise Date”), the date that is one hundred and eighty (180) days after the date of the commencement of the sales of the Company’s Common Stock, $0.0001 par value per share (the “Common Stock”), and at or before 5:00 p.m., Eastern time, on July 14, 2028 (five (5) years from the Effective Date) (the “Termination Date”), but not thereafter, to subscribe for, purchase and receive, in whole or in part, up to 84,906 shares of Common Stock of the Company (equal to six (6.0%) percent of the Common Stock sold in the Offering including any exercise of the overallotm
