SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • February 29th, 2024 • Achieve Life Sciences, Inc. • In vitro & in vivo diagnostic substances • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of February 28, 2024, between Achieve Life Sciences, 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”).
WARRANT TO PURCHASE COMMON STOCK OR PRE-FUNDED WARRANTS ACHIEVE LIFE SCIENCES, INC.Achieve Life Sciences, Inc. • February 29th, 2024 • In vitro & in vivo diagnostic substances • New York
THIS 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 March 4, 2024 (the “Initial Exercise Date”) and on or prior to the earliest of (x) 5:00 p.m. (New York City time) on September 4, 2027, and (y) 30 days following the Company’s public disclosure of the acceptance of a New Drug Application for cytisinicline by the U.S. Food and Drug Administration in a Day 74 Letter or equivalent correspondence accepting such New Drug Application (the “Termination Date”) but not thereafter, to subscribe for and purchase from Achieve Life Sciences, Inc., a Delaware corporation (the “Company”), up to ______ shares (as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock or Pre-Funded Warrants (as defined below) to purchase the same number of Warrant Shares (as subject to adjustment as provided he
