ISSUANCE AND SUBSCRIPTION AGREEMENT FOR BONDS WITH AN OPTION FOR EXCHANGE IN CASH AND/OR CONVERSION INTO NEW OR EXISTING SHARES (ORNANEs) DATED 5 APRIL 2020 BETWEEN BIOPHYTIS SA AND ATLAS SPECIAL OPPORTUNITIES LLC AND ATLAS CAPITAL MARKETSIssuance and Subscription Agreement • January 19th, 2021 • Biophytis SA • Pharmaceutical preparations
In this context, in February 2020, the Parties entered into discussions regarding the main terms and conditions of the issuance, by the Company, of a facility structured as bonds with an option for exchange in cash and/or conversion into new or existing shares (obligations remboursables en numéraire et/ou en actions nouvelles ou existantes, the “Bonds”), to be issued in eight (8) tranches of up to EUR 3,000,000 each (each, a “Tranche”), for up to EUR 24,000,000 in aggregate principal amount. Upon exercise by the Subscriber of its right to convert/exchange the Bonds, the Company will have the option to deliver (i) existing or newly issued ordinary shares of the Company (the “Shares”) only, or (ii) a combination of cash and Shares.
