SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • September 29th, 2023 • Tonix Pharmaceuticals Holding Corp. • Pharmaceutical preparations • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of September 28, 2023, between Tonix Pharmaceuticals Holding Corp., a Nevada corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”).
Tonix Pharmaceuticals Holding Corp. 8-KTonix Pharmaceuticals Holding Corp. • September 29th, 2023 • Pharmaceutical preparations • New York
Subject to the terms and conditions of this letter agreement (the “Agreement”) between A.G.P./Alliance Global Partners (“A.G.P.”), as lead placement agent, and Brookline Capital Markets, a division of Arcadia Securities, LLC (“Brookline”) as co-placement agent (A.G.P. and Brookline are also referred to herein, collectively, as the “Placement Agents”), and Tonix Pharmaceuticals Holding Corp., a Nevada corporation (the “Company”), the parties hereby agree that the Placement Agents shall serve as the placement agents for the Company, on a “reasonable best efforts” basis, in connection with the proposed offering (the “Placement”) of securities of the Company, consisting of: (i) shares of common stock, par value $0.001 per share (“Common Stock”), (ii) pre-funded warrants to purchase Common Stock (the “Pre-Funded Warrants”), and (iii) Series A warrants and Series B warrants to purchase Common Stock (collectively, the “Common Warrants” and collectively with the Pre-Funded Warrants, the “Warra
