ContractCommon Stock and Note Purchase Agreement • May 5th, 2020 • Delaware
EX-10.1 3 ex10x1.htm EXHIBIT 10.1 Exhibit 10.1 COMMON STOCK AND NOTE PURCHASE AGREEMENT THIS COMMON STOCK AND NOTE PURCHASE AGREEMENT, is made as of July 14, 2015 (this "Agreement"), by and among OpGen, Inc., a Delaware corporation (the "Company"), and Merck Global Health Innovation Fund, LLC, a Delaware limited liability company (the "Investor"). Certain capitalized terms used in this Agreement are set forth in Section 1.4. W I T N E S S E T H WHEREAS, the Company desires to sell to the Investor, and the Investor desires to purchase from the Company, on the terms and conditions set forth in this Agreement, (i) 1,136,364 shares of Common Stock of the Company, par value $0.01 per share (collectively, the "Shares"), at a purchase price of $4.40 per share, or an aggregate purchase price of $5,000,001.60, and (ii) a Senior Secured Promissory Note in the aggregate principal amount of $1,000,000, having the rights, preferences, privileges and restrictions set forth in the form attached to th
