0000950123-21-007573 Sample Contracts

Contract
Warrant Agreement • June 4th, 2021 • Intuity Medical, Inc. • In vitro & in vivo diagnostic substances • New York

THIS WARRANT, AND THE SECURITIES ISSUABLE UPON THE EXERCISE OF THIS WARRANT, HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR ANY STATE SECURITIES LAWS. THEY MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED, OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT RELATED THERETO OR AN EXEMPTION FROM THE REGISTRATION REQUIREMENTS OF THE ACT.

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INTUITY MEDICAL, INC. SERIES 5 CONVERTIBLE PARTICIPATING PREFERRED STOCK PURCHASE WARRANT NO. W5-«Number»
Intuity Medical, Inc. • June 4th, 2021 • In vitro & in vivo diagnostic substances • California

This Warrant (the “Warrant”) is being issued pursuant to the terms of that certain Series 5 Preferred Stock, Warrant and Convertible Note Purchase Agreement, dated as of May 2, 2019, by and among the original Holder, the Company and certain other investors set forth therein (the “Purchase Agreement”). This Warrant may be exercised in whole or in part, at the option of the Holder.

INTUITY MEDICAL, INC. SERIES D-2 CONVERTIBLE PARTICIPATING PREFERRED STOCK PURCHASE WARRANT NO. WD-2-[ 🌑 ]
Intuity Medical, Inc. • June 4th, 2021 • In vitro & in vivo diagnostic substances • California

This Warrant (the “Warrant”) is being issued pursuant to the terms of that certain Fourth Series D Preferred Stock and Warrant Purchase Agreement, dated as of September 25, 2013, by and among the original Holder, the Company and certain other investors set forth therein, as amended by that certain Amendment thereto dated as of January 21, 2014, that certain Amendment No. 2 thereto dated as of March 24, 2014, that certain Amendment No. 3 thereto dated as of May 15, 2014, that certain Amendment No. 4 thereto dated as of October 2, 2014, that certain Amendment No. 5 thereto dated as of April 9, 2015, that certain Amendment No. 6 thereto dated as of July 8, 2015 and that certain Amendment No. 7 thereto dated as of February 25, 2016 (together as amended, the “Purchase Agreement”). This Warrant may be exercised in whole or in part, at the option of the Holder.

INTUITY MEDICAL, INC. SERIES D-2 CONVERTIBLE PARTICIPATING PREFERRED STOCK PURCHASE WARRANT NO. WD-2-[ 🌑 ]
Intuity Medical, Inc. • June 4th, 2021 • In vitro & in vivo diagnostic substances • California

This Warrant (the “Warrant”) is being issued pursuant to the terms of that certain Fourth Series D Preferred Stock and Warrant Purchase Agreement, dated as of September 25, 2013, by and among the original Holder, the Company and certain other investors set forth therein, as may be amended from time to time (the “Purchase Agreement”). This Warrant may be exercised in whole or in part, at the option of the Holder.

INTUITY MEDICAL, INC. a Delaware corporation ELEVENTH AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT dated as of October 15, 2020
Investors’ Rights Agreement • June 4th, 2021 • Intuity Medical, Inc. • In vitro & in vivo diagnostic substances • California

THIS ELEVENTH AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT (this “Agreement”) is made as of October 15, 2020 by and among Intuity Medical, Inc., a Delaware corporation (the “Company”), certain holders of Common Stock (as defined below) whose names and addresses are listed on Schedule 1 attached hereto (the “Common Holders”), the Prior Preferred Holders (as defined below) named in Schedule 2 attached hereto, the investors named in Schedule 3 attached hereto (the “New Series A Holders”), the investors named in Schedule 4 attached hereto (the “New Series A-1 Holders”), the investors named in Schedule 5 attached hereto (the “New Series B Holders”), the investors named in Schedule 6 attached hereto (the “New Series B-1 Holders”), the investors named in Schedule 7 attached hereto (the “New Series C Holders”) and the investors named in Schedule 8 attached hereto (the “New Series C-1 Holders”).

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