N WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written.
N WITNESS WHEREOF the parties have caused this Agreement to be duly executed and delivered as of the date first above written.
N WITNESS WHEREOF the parties hereto have set their hands on the day and year first hereinabove written.
N WITNESS WHEREOF the parties hereto have caused this Agreement to be duly executed, all as of the day and year first above written. By: Name: Title: [WARRANT AGENT ], AS WARRANT AGENT By: Name: Title: [SIGNATURE PAGE TO PREFERRED STOCK WARRANT AGREEMENT] 17 FORM OF WARRANT CERTIFICATE [FACE OF WARRANT CERTIFICATE] [[Form if Warrants are attached to Other Securities and are not immediately detachable.] [Prior to , this Warrant Certificate cannot be transferred or exchanged unless attached to a [Title of Other Securities].] [Form of Legend if Warrants are not immediately exercisable.] [Prior to , Warrants evidenced by this Warrant Certificate cannot be exercised.] EXERCISABLE ONLY IF COUNTERSIGNED BY THE WARRANT AGENT AS PROVIDED HEREIN VOID AFTER [ ] P.M., [ ] TIME, ON, TRACON PHARMACEUTICALS, INC. WARRANT CERTIFICATE REPRESENTING WARRANTS TO PURCHASE [TITLE OF WARRANT SECURITIES] No. Warrants This certifies that or registered assigns is the registered owner of the above indicated number of Warrants, each Warrant entitling such owner [if Warrants are attached to Other Securities and are not immediately detachable—, subject to the registered owner qualifying as a “Holder” of this Warrant Certificate, as hereinafter defined),] to purchase, at any time [after [ ] p.m., [ ] time, on and] on or before [ ] p.m., [ ] time, on shares of [Title of Warrant Securities] (the “Warrant Securities”), of TRACON Pharmaceuticals, Inc. (the “ Company ”) on the following basis: during the period from , through and including , the exercise price per Warrant Security will be $ , subject to adjustment as provided in the Warrant Agreement (as hereinafter defined) (the “Warrant Price”). The Holder may exercise the Warrants evidenced hereby by providing certain information set forth on the back hereof and by paying in full, in lawful money of the United States of America, [in cash or by certified check or official bank check in New York Clearing House funds] [by bank wire transfer in immediately available funds], the Warrant Price for each Warrant Security with respect to which this Warrant is exercised to the Warrant Agent (as hereinafter defined) and by surrendering this Warrant Certificate, with the purchase form on the back hereof duly executed, at the corporate trust office of [name of Warrant Agent], or its successor as warrant agent (the “ Warrant Agent ”), which is, on the date hereof, at the address specified on the reverse hereof, and upon compliance with and subject to the conditions set ...
N WITNESS WHEREOF the Parties have executed this Amendment No. 34. If Contractor is a corporation, Contractor shall provide two signatures as follows: 1) the first signature must be either the Chairman of the Board, the President, or any Vice President; 2) the second signature must be either the Secretary, an Assistant Secretary, the Chief Financial Officer, or any Assistant Treasurer. In the alternative, a single corporate signature is acceptable when accompanied by a corporate resolution or by-laws demonstrating the legal authority of the signature to bind the company.
N WITNESS WHEREOF the Parties hereto have set and subscribed their respective hands to this writing on the day and year first above written.
N WITNESS WHEREOF the Parties have executed this LGIA in duplicate originals, each of which shall constitute and be an original effective Agreement between the Parties.
N WITNESS WHEREOF this Series __ Warrant Certificate has been executed as of the date first above written. ITECH MEDICAL, INC. By: __________________ EXHIBIT “A” NOTICE OF EXERCISE (to be signed only upon exercise of the warrants) To: ITECH MEDICAL, INC. The undersigned hereby elects to purchase shares of Common Stock (the “Warrant Shares”) of iTech Medical, Inc., a Delaware corporation (the “Company”), pursuant to the terms of the enclosed Series __ Warrant Certificate (the “Certificate”). The undersigned tenders herewith payment of the exercise price pursuant to the terms of the Certificate. The undersigned hereby represents and warrants to, and agrees with, the Company as follows: The undersigned is acquiring the Warrant Shares for the undersigned’s own account, for investment purposes only. The undersigned understands that an investment in the Warrant Shares involves a high degree of risk, and the undersigned has the financial ability to bear the economic risk of this investment in the Warrant Shares, including a complete loss of such investment. The undersigned has adequate means for providing for its current financial needs and has no need for liquidity with respect to this investment. The undersigned is an “accredited investor” as that term is defined in Rule 501(a) under Regulation D promulgated pursuant to the Securities Act of 1933, as amended (the “Securities Act”). The undersigned has such knowledge and experience in financial and business matters that the undersigned is capable of evaluating the merits and risks of an investment in the Warrant Shares and in protecting the undersigned’s own interest in connection with this transaction. The undersigned understands that the issuance of the Warrant Shares has not been and will not be registered under the Securities Act or under any state securities laws. The undersigned is familiar with the provisions of the Securities Act and Rule 144 thereunder and understands that the restrictions on sale, transfer, pledge and assignment (“Transfer”) placed on the Warrant Shares may result in the undersigned being required to hold the Warrant Shares for an indefinite period of time. The undersigned believes that it has received all the information it considers necessary or appropriate for deciding whether to invest in the Warrant Shares, and the undersigned has had an opportunity to ask questions and receive answers from the Company and its officers and directors regarding the business, prospects and financial condition of the C...
N WITNESS WHEREOF the parties have caused this Agreement to be executed and delivered by their duly authorized officers or agents as set forth below.
