PRE-FUNDED WARRANT TO PURCHASE COMMON STOCK VICAL INCORPORATEDVical Inc • November 7th, 2017 • Biological products, (no disgnostic substances) • New York
THIS PRE-FUNDED WARRANT TO PURCHASE COMMON STOCK (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”) until this Warrant is exercised in full (the “Termination Date”) but not thereafter, to subscribe for and purchase from Vical Incorporated, a Delaware corporation (the “Company”), up to _____________ shares (as subject to adjustment hereunder, the “Warrant Shares”) of 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).
VICAL INCORPORATED UNDERWRITING AGREEMENTUnderwriting Agreement • November 7th, 2017 • Vical Inc • Biological products, (no disgnostic substances) • New York
Vical Incorporated, a Delaware corporation (the “Company”), proposes to issue and sell to the several underwriters named in Schedule A (the “Underwriters”) (i) an aggregate of [●] shares (the “Firm Shares”) of its common stock, par value $0.01 per share (the “Common Stock”) and (ii) warrants of the Company to purchase [●] shares of Common Stock at an exercise price equal to $0.001 per share (the “Pre-Funded Warrants”). The [●] Firm Shares and the [●] Pre-Funded Warrants to be sold by the Company are collectively referred to as the “Firm Securities.” In addition, the Company has granted to the Underwriters an option to purchase up to an additional [●] shares of Common Stock as provided in Section 2. The additional [●] shares of Common Stock to be sold by the Company pursuant to such option are collectively called the “Optional Shares.” The Firm Shares and, if and to the extent such option is exercised, the Optional Shares are collectively called the “Offered Shares,” and together with t
