] Units * Biopure Corporation Underwriting Agreement October [___], 2007Underwriting Agreement • October 12th, 2007 • Biopure Corp • Biological products, (no disgnostic substances) • New York
Dawson James Securities, Inc. As Representative of the several Underwriters named in Schedule I hereto c/o Dawson James Securities, Inc. 925 South Federal Highway, 6th Floor Boca Raton, FL 33432
Warrant No. EW- Dated: October [___], 2007Rights Agreement • October 12th, 2007 • Biopure Corp • Biological products, (no disgnostic substances)
Biopure Corporation, a Delaware corporation (the “Company”), hereby certifies that, for value received, ___ or its registered assigns (including permitted transferees, the “Holder”), as registered owner of this warrant (the “Warrant”), is entitled to purchase from the Company up to a total of ___ shares (as adjusted from time to time as provided in Section 9) of Common Stock (as defined below), together with the associated preferred stock purchase rights under that certain Rights Agreement (the “Rights Agreement”) dated as of September 24, 1999 between the Company and American Stock Transfer & Trust Company, as rights agent, to the extent the Rights Agreement is in effect on the date of such purchase, at an exercise price equal to $[___] per share (as adjusted from time to time as provided in Section 9, the “Exercise Price”) (125% of the public offering price per unit), at any time and from time to time from and after October [___], 2007 (the “Initial Exercise Date”) to and including O
