SUBSCRIPTION FOR COMMON STOCK AND WARRANTS; REPRESENTATIONS AND WARRANTIES BY THE SUBSCRIBER. 1.1 Subject to the terms and conditions hereinafter set forth, the Subscriber hereby subscribes for and agrees to purchase the number of shares of Common Stock from the Company set forth on the signature page hereof, and the Company agrees to issue the Common Stock and Warrants to the Subscriber, in accordance with the Term Sheet, at a purchase price equal to $1.50 per share of Common Stock. The subscription price is payable by check made payable to the order of "Colonial Stock Transfer Co., Inc., as Escrow Agent for Bionovo, Inc." or by wire transfer of immediately available funds delivered contemporaneously herewith as follows: Key Bank 410 East 400 South Salt Lake City, UT 84000 XXX Xx. 000 000 000 Account No. 4405 2027 0198 (Colonial Stock Transfer FBO Bionovo, Inc.) The Common Stock purchased by the Subscriber and the related Warrants will be delivered by the Company promptly following the Termination Date (as hereinafter defined).
