Exhibit 1.2 Form SB-2 Ogden Golf Co. Corporation ESCROW AGREEMENT This ESCROW AGREEMENT ("Agreement"), made and entered into as of __________, 2002, by and among ACAP FINANCIAL, INC., a Utah corporation (the "Underwriter"), Ogden Golf Co. Corporation,...Escrow Agreement • May 8th, 2003 • Ogden Golf Co Corp • Utah
PLACEMENT AGENT COMMON STOCK PURCHASE WARRANTBio-Path Holdings Inc • November 22nd, 2019 • Pharmaceutical preparations
THIS PLACEMENT AGENT COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, _____________ or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the date set forth above (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on November 21, 2024 (the “Termination Date”) but not thereafter, to subscribe for and purchase from Bio-Path Holdings, Inc., a Delaware corporation (the “Company”), up to ______ shares (as subject to adjustment hereunder, the “Warrant Shares”) of the Company’s common stock (the “Common Stock”). The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b). This Warrants is being issued pursuant to that certain Engagement Letter, dated as of November 20, 2019, by and between the Company and H.C. Wainwright & Co., LLC.
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • November 22nd, 2019 • Bio-Path Holdings Inc • Pharmaceutical preparations • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of November 21, 2019, between Bio-Path Holdings, Inc., a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”).
Exhibit 1.1 Form SB-2 Ogden Golf Co. Corporation OGDEN GOLF CO. CORPORATION 1782 Washington Boulevard Ogden, UT 84404 UNDERWRITING AGREEMENT March __, 2003 ACAP Financial, Inc. 47 West 200 South, Suite 101 Salt Lake City, Utah 84101 Gentlemen: Ogden...Ogden Golf Co Corp • May 8th, 2003 • Utah
Bio-Path Holdings, Inc. 8,592,308 Shares of Common Stock (par value $0.001 per share) Underwriting AgreementUnderwriting Agreement • January 16th, 2019 • Bio-Path Holdings Inc • Pharmaceutical preparations • New York
Bio-Path Holdings, Inc., a company incorporated under the laws of the State of Delaware (the “Company”), proposes to issue and sell to the several underwriters named in Schedule A (the “Underwriters”) an aggregate of 8,592,308 shares of its common stock, par value $0.001 per share (the “Shares”). The 8,592,308 Shares to be sold by the Company are called the “Offered Shares.” H.C. Wainwright & Co., LLC (“Wainwright”) has agreed to act as representative of the several Underwriters (in such capacity, the “Representative”) in connection with the offering and sale of the Offered Shares. To the extent there are no additional underwriters listed on Schedule A, the term “Representative” as used herein shall mean you, as Underwriter, and the term “Underwriters” shall mean either the singular or the plural, as the context requires.
COMMON STOCK PURCHASE WARRANT BIO-PATH HOLDINGS, INC.Bio-Path Holdings Inc • June 4th, 2010 • Retail-miscellaneous shopping goods stores
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, Lincoln Park Capital Fund, LLC (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after June 2, 2011 (the “Initial Exercise Date”) and on or prior to the close of business on the second anniversary of the Initial Exercise Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from BIO-PATH HOLDINGS, INC., a Utah corporation (the “Company”), up to 571,429 shares (the “Warrant Shares”) of Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).
COMMON STOCK PURCHASE WARRANT bio-path holdings, inc.Common Stock Purchase Warrant • April 2nd, 2018 • Bio-Path Holdings Inc • Pharmaceutical preparations
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”), dated as of November 6, 2017, certifies that, for value received, Roth Capital Partners, LLC or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after May 6, 2018 (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on May 3, 2022 (the “Termination Date”) but not thereafter, to subscribe for and purchase from Bio-Path Holdings, Inc., a Delaware corporation (the “Company”), up to 160,000 shares (as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • March 8th, 2024 • Bio-Path Holdings Inc • Pharmaceutical preparations • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of [ ], 2024, between Bio-Path Holdings, Inc., a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • June 4th, 2010 • Bio-Path Holdings Inc • Retail-miscellaneous shopping goods stores • Utah
REGISTRATION RIGHTS AGREEMENT (this "Agreement"), dated as of June 2, 2010, by and between BIO-PATH HOLDINGS, INC., a Utah corporation, (the "Company"), and LINCOLN PARK CAPITAL FUND, LLC, an Illinois limited liability company (together with it permitted assigns, the “Buyer”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings set forth in the Purchase Agreement by and between the parties hereto, dated as of the date hereof (as amended, restated, supplemented or otherwise modified from time to time, the "Purchase Agreement").
Exhibit 10.2 Form SB-2 Ogden Golf Co. Corporation BUSINESS LOAN AGREEMENTBusiness Loan Agreement • August 6th, 2003 • Ogden Golf Co Corp • Sporting & athletic goods, nec • Utah
Bio-Path Holdings, Inc. Shares of Common Stock (par value $0.001 per share) Controlled Equity OfferingSM Sales AgreementSales Agreement • June 25th, 2015 • Bio-Path Holdings Inc • Retail-miscellaneous shopping goods stores • New York
Bio-Path Holdings, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Cantor Fitzgerald & Co. (the “Agent”), as follows:
E-76Ogden Golf Co Corp • May 8th, 2003 • Utah
BIO-PATH HOLDINGS, INC. and EQUINITI TRUST COMPANY, LLC, as Warrant Agent Warrant Agency Agreement Dated as of [●] WARRANT AGENCY AGREEMENTWarrant Agency Agreement • March 8th, 2024 • Bio-Path Holdings Inc • Pharmaceutical preparations • New York
WARRANT AGENCY AGREEMENT, dated as of [●] (“Agreement”), between Bio-Path Holdings, Inc., a Delaware corporation (the “Company”), and Equiniti Trust Company, LLC, a New York limited liability trust company (the “Warrant Agent”).
PLACEMENT AGENCY AGREEMENTPlacement Agency Agreement • March 8th, 2024 • Bio-Path Holdings Inc • Pharmaceutical preparations • New York
COMMON STOCK PURCHASE WARRANT BIO-PATH HOLDINGS, INC.Common Stock Purchase • March 8th, 2024 • Bio-Path Holdings Inc • Pharmaceutical preparations • New York
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the date hereof (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on [ ], 2029 (the “Termination Date”) but not thereafter, to subscribe for and purchase from Bio-Path Holdings, Inc., a Delaware corporation (the “Company”), up to [____] shares (as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b). This Warrant shall initially be issued and maintained in the form of a security held in book-entry form and the Depository Trust Company or its nominee (“DTC”) shall initially be the sole registered holder of this Warrant, subject to a Holder’s right to elect to
AT THE MARKET OFFERING AGREEMENTMarket Offering Agreement • July 14th, 2020 • Bio-Path Holdings Inc • Pharmaceutical preparations • New York
STRICTLY CONFIDENTIAL Bio-Path Holdings, Inc.Letter Agreement • November 22nd, 2019 • Bio-Path Holdings Inc • Pharmaceutical preparations • New York
PLACEMENT AGENCY AGREEMENTPlacement Agency Agreement • February 17th, 2021 • Bio-Path Holdings Inc • Pharmaceutical preparations • New York
BIO-PATH HOLDINGS, INC. and EQUINITI TRUST COMPANY, LLC, as Warrant Agent Warrant Agency Agreement Dated as of August 7, 2023 WARRANT AGENCY AGREEMENTWarrant Agency Agreement • August 7th, 2023 • Bio-Path Holdings Inc • Pharmaceutical preparations • New York
WARRANT AGENCY AGREEMENT, dated as of August 7, 2023 (“Agreement”), between Bio-Path Holdings, Inc., a Delaware corporation (the “Company”), and Equiniti Trust Company, LLC, a New York limited liability trust company (the “Warrant Agent”).
Exhibit 10.3 Form SB-2 Ogden Golf Co. Corporation COMMERCIAL SECURITY AGREEMENTCommercial Security Agreement • August 6th, 2003 • Ogden Golf Co Corp • Sporting & athletic goods, nec • Utah
PLACEMENT AGENT COMMON STOCK PURCHASE WARRANT bio-path holdings, inc.Bio-Path Holdings, Inc. • April 19th, 2024 • Pharmaceutical preparations
THIS PLACEMENT AGENT COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, _____________ or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the date set forth above (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on April 18, 2029 (the “Termination Date”) but not thereafter, to subscribe for and purchase from Bio-Path Holdings, Inc., a Delaware corporation (the “Company”), up to ______ shares (as subject to adjustment hereunder, the “Warrant Shares”) of the Company’s Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b). This Warrant is being issued pursuant to that certain Engagement Agreement by and between the Company and H.C. Wainwright & Co., LLC, dated as of March 22, 2024.
Borrower: Ogden Golf Co. Corporation Lender: Barnes Banking Company (TIN: 87-0652870) South Ogden 1781 Washington Blvd. 1840 East Skyline Drive Ogden, UT 84401 South Ogden, UT 84403 ===================================================...Ogden Golf Co Corp • August 6th, 2003 • Sporting & athletic goods, nec
PROMISE TO PAY. OGDEN GOLF CO. CORPORATION ("Borrower") promises to pay to BARNES BANKING COMPANY ("Lender"), or order, in lawful money of the United States of America, the principal amount of One Hundred Thirty-Nine Thousand Five Hundred Thirty-Nine & 02/l00 Dollars ($139,539.02), together with interest on the unpaid principal balance from September 20, 2000, until paid in full. The interest rate will not increase above 18.000%.
PURCHASE AGREEMENTPurchase Agreement • June 4th, 2010 • Bio-Path Holdings Inc • Retail-miscellaneous shopping goods stores • Utah
PURCHASE AGREEMENT (the “Agreement”), dated as of June 2, 2010, by and between BIO-PATH HOLDINGS, INC., a Utah corporation, (the “Company”), and LINCOLN PARK CAPITAL FUND, LLC, an Illinois limited liability company (the “Investor”).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • January 22nd, 2019 • Bio-Path Holdings Inc • Pharmaceutical preparations • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of January 18, 2019, between Bio-Path Holdings, Inc., a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”).
BIO-PATH HOLDINGS, INC. 2022 STOCK INCENTIVE PLAN RESTRICTED SHARE UNIT AWARD AGREEMENTRestricted Share Unit Award Agreement • December 20th, 2022 • Bio-Path Holdings Inc • Pharmaceutical preparations • Delaware
This Restricted Share Unit Award Agreement (the “Agreement”) is made and entered into as of the award date set forth below (the “Award Date”) by and between Bio-Path Holdings, Inc., a Delaware corporation (the “Company”), and the participant named below (the “Participant”). Capitalized terms not defined herein shall have the meaning ascribed to them in the Company’s 2022 Stock Incentive Plan (the “Plan”).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • April 19th, 2024 • Bio-Path Holdings, Inc. • Pharmaceutical preparations • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of April 18, 2024, between Bio-Path Holdings, Inc., a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”).
BIO-PATH HOLDINGS, INC. 2022 STOCK INCENTIVE PLAN RESTRICTED SHARE AWARD AGREEMENTRestricted Share Award Agreement • December 20th, 2022 • Bio-Path Holdings Inc • Pharmaceutical preparations • Delaware
This Restricted Share Award Agreement (the “Agreement”) is made and entered into as of the award date set forth below (the “Award Date”) by and between Bio-Path Holdings, Inc., a Delaware corporation (the “Company”), and the participant named below (the “Participant”). Capitalized terms not defined herein shall have the meaning ascribed to them in the Company's 2022 Stock Incentive Plan (the “Plan”).
PLACEMENT AGENT COMMON STOCK PURCHASE WARRANT bio-path holdings, inc.Bio-Path Holdings Inc • March 26th, 2024 • Pharmaceutical preparations
THIS PLACEMENT AGENT COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, _____________ or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the date set forth above (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on March 25, 2029 (the “Termination Date”) but not thereafter, to subscribe for and purchase from Bio-Path Holdings, Inc., a Delaware corporation (the “Company”), up to ______ shares (as subject to adjustment hereunder, the “Warrant Shares”) of the Company’s Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b). This Warrant is being issued pursuant to that certain Engagement Agreement by and between the Company and H.C. Wainwright & Co., LLC, dated as of March 22, 2024.
STOCK APPRECIATION RIGHT AWARD AGREEMENTStock Appreciation Right Award Agreement • December 20th, 2022 • Bio-Path Holdings Inc • Pharmaceutical preparations • Delaware
This Stock Appreciation Right Award Agreement (the “Agreement”) is made and entered into as of the award date set forth below (the “Award Date”) by and between Bio-Path Holdings, Inc., a Delaware corporation (the “Company”), and the participant named below (the “Participant”). Capitalized terms not defined herein shall have the meaning ascribed to them in the Company’s 2022 Stock Incentive Plan (the “Plan”).
EMPLOYMENT AGREEMENTEmployment Agreement • February 19th, 2008 • Ogden Golf Co Corp • Retail-miscellaneous shopping goods stores • Utah
THIS EMPLOYMENT AGREEMENT (the “Agreement”), made this 1st ,day of May, 2007, between Douglas P. Morris (“Executive”) and BIO-PATH, Inc. (the “Company”).
LEAK-OUT AGREEMENTLeak-Out Agreement • November 6th, 2017 • Bio-Path Holdings Inc • Pharmaceutical preparations
This agreement (the “Leak-Out Agreement”) is being delivered to you in connection with an understanding by and among Bio-Path Holdings, Inc., a Delaware corporation (the “Company”), and the person or persons named on the signature pages hereto (collectively, the “Holder”).
Drug Product Development and Clinical Supply AgreementAgreement • October 16th, 2008 • Bio-Path Holdings Inc • Retail-miscellaneous shopping goods stores • California
Bio-Path Holdings, Inc., a corporation organized and existing under the laws of the State of Utah, with its principal offices located at 3293 Harrison Blvd., Suite 230, Ogden, UT 84403 (hereinafter referred to as “CLIENT”).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • March 26th, 2024 • Bio-Path Holdings Inc • Pharmaceutical preparations • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of March 25, 2024, between Bio-Path Holdings, Inc., a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”).
E-34Ogden Golf Co Corp • May 8th, 2003 • Utah
NON-QUALIFIED STOCK OPTION AWARD AGREEMENTNon-Qualified Stock Option Exercise Agreement • December 20th, 2022 • Bio-Path Holdings Inc • Pharmaceutical preparations • Delaware
This Non-Qualified Stock Option Award Agreement (the “Agreement”) is made and entered into as of the award date set forth below (the “Award Date”) by and between Bio-Path Holdings, Inc., a Delaware corporation (the “Company”), and the participant named below (the “Participant”). Capitalized terms not defined herein shall have the meaning ascribed to them in the Company’s 2022 Stock Incentive Plan (the “Plan”).
