GEMPHIRE THERAPEUTICS INC., Issuer AND [TRUSTEE], TrusteeIndenture • September 1st, 2017 • Gemphire Therapeutics Inc. • Pharmaceutical preparations • New York
INDENTURE, dated as of [·], 20 , among GEMPHIRE THERAPEUTICS INC., a Delaware corporation (the “Company”), and [TRUSTEE], as trustee (the “Trustee”):
GEMPHIRE THERAPEUTICS INC. and , AS WARRANT AGENT FORM OF PREFERRED STOCK WARRANT AGREEMENT DATED AS OF GEMPHIRE THERAPEUTICS INC. FORM OF PREFERRED STOCK WARRANT AGREEMENTWarrant Agreement • September 1st, 2017 • Gemphire Therapeutics Inc. • Pharmaceutical preparations • New York
PREFERRED STOCK WARRANT AGREEMENT(this “Agreement”), dated as of between GEMPHIRE THERAPEUTICS INC., a Delaware corporation (the “Company”) and , a [corporation] [national banking association] organized and existing under the laws of and having a corporate trust office in , as warrant agent (the “Warrant Agent”).
GEMPHIRE THERAPEUTICS INC. and , AS WARRANT AGENT FORM OF COMMON STOCK WARRANT AGREEMENTCommon Stock Warrant Agreement • September 1st, 2017 • Gemphire Therapeutics Inc. • Pharmaceutical preparations • New York
COMMON STOCK WARRANT AGREEMENT (this “Agreement”), dated as of between GEMPHIRE THERAPEUTICS INC., a Delaware corporation (the “Company”) and , a [corporation] [national banking association] organized and existing under the laws of and having a corporate trust office in , as warrant agent (the “Warrant Agent”).
GEMPHIRE THERAPEUTICS INC. and , AS WARRANT AGENT FORM OF DEBT SECURITIES WARRANT AGREEMENT DATED AS OF GEMPHIRE THERAPEUTICS INC. FORM OF DEBT SECURITIES WARRANT AGREEMENTDebt Securities Warrant Agreement • September 1st, 2017 • Gemphire Therapeutics Inc. • Pharmaceutical preparations • New York
DEBT SECURITIES WARRANT AGREEMENT(this “Agreement”), dated as of between GEMPHIRE THERAPEUTICS INC., a Delaware corporation (the “Company”) and , a [corporation] [national banking association] organized and existing under the laws of and having a corporate trust office in , as warrant agent (the “Warrant Agent”).
GEMPHIRE THERAPEUTICS INC. EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • September 1st, 2017 • Gemphire Therapeutics Inc. • Pharmaceutical preparations • New York
As further set forth in this agreement (this “Agreement”), Gemphire Therapeutics Inc., a company organized under the laws of Delaware (the “Company”), proposes to issue and sell from time to time through Piper Jaffray & Co. (the “Agent”), as sales agent, the Company’s common stock, par value $0.001 per share (the “Common Stock”) (such shares of Common Stock to be sold pursuant to this Agreement, the “Shares”) on terms set forth herein. Notwithstanding anything to the contrary contained herein, the parties hereto agree that compliance with the limitation set forth in Section 2 of this Agreement on the number of Shares issued and sold under this Agreement shall be the sole responsibility of the Company, and the Agent shall have no obligation in connection with such compliance.
