COMMON STOCK PURCHASE WARRANTEsperion Therapeutics, Inc. • December 7th, 2021 • Pharmaceutical preparations • New York
THIS COMMON STOCK PURCHASE 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 the date set forth above (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on December 7, 2023 (the “Termination Date”) but not thereafter, to subscribe for and purchase from Esperion Therapeutics, Inc., a Delaware corporation (the “Company”), up to ______ shares (as subject to adjustment hereunder, the “Warrant Shares”) of the Company’s 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).
Esperion Therapeutics, Inc. 32,142,858 Shares of Common Stock (par value $0.001 per share) No Pre-Funded Warrants to Purchase Shares of Common Stock and Warrants to Purchase 32,142,858 Shares of Common Stock Underwriting AgreementUnderwriting Agreement • December 7th, 2021 • Esperion Therapeutics, Inc. • Pharmaceutical preparations • New York
Esperion Therapeutics, Inc., a company incorporated under the laws of the State of Delaware (the “Company”), proposes to issue and sell to the several underwriters named in Schedule A (the “Underwriters”) (i) an aggregate of (a) 32,142,858 shares of its common stock, par value $0.001 per share (the “Shares”), and (b) no pre-funded warrants (the “Pre-Funded Warrants”) to purchase shares of Common Stock, as such term is defined herein, at an exercise price of $0.01 per share and (ii) common stock warrants to purchase 32,142,858 shares of Common Stock (the “Common Warrants”). The 32,142,858 Shares to be sold by the Company are called the “Firm Shares” and, collectively with the Pre-Funded Warrants and the Common Warrants, the “Firm Securities.” In addition, the Company has granted to the Underwriters an option to purchase up to an additional 4,821,428 Shares (collectively, the “Optional Shares”) and/or Common Warrants to purchase up to an aggregate of 4,821,428 shares of Common Stock (the
