0001104659-23-082895 Sample Contracts

COMMON STOCK PURCHASE WARRANT FIRST WAVE BIOPHARMA, INC.
First Wave BioPharma, Inc. • July 21st, 2023 • 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 hereof (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on ________, 20281 (the “Termination Date”) but not thereafter, to subscribe for and purchase from First Wave BioPharma, Inc. a Delaware corporation (the “Company”), up to ______ shares (as subject to adjustment hereunder, the “Warrant Shares”) of 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).

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SECURITIES PURCHASE AGREEMENT
Securities Purchase Agreement • July 21st, 2023 • First Wave BioPharma, Inc. • Pharmaceutical preparations • New York

This Securities Purchase Agreement (this “Agreement”) is dated as of July 18, 2023, between First Wave BioPharma, 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”).

PLACEMENT AGENCY AGREEMENT
Placement Agency Agreement • July 21st, 2023 • First Wave BioPharma, Inc. • Pharmaceutical preparations • New York
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