0001104659-25-001586 Sample Contracts

SERIES E COMMON STOCK PURCHASE WARRANT ACURX PHARMACEUTICALS, INC.
Security Agreement • January 7th, 2025 • Acurx Pharmaceuticals, Inc. • Pharmaceutical preparations

THIS SERIES E 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 “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on ______________1, (the “Termination Date”), but not thereafter, to subscribe for and purchase from Acurx Pharmaceuticals, Inc., a corporation incorporated under the laws of the state of Delaware (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).

SECURITIES PURCHASE AGREEMENT
Securities Purchase Agreement • January 7th, 2025 • Acurx Pharmaceuticals, Inc. • Pharmaceutical preparations • New York

This Securities Purchase Agreement (this “Agreement”) is dated as of January 6, 2025, between Acurx Pharmaceuticals, Inc., a corporation incorporated under the laws of the state of Delaware (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”).

PLACEMENT AGENT COMMON STOCK PURCHASE WARRANT ACURX PHARMACEUTICALS, INC.
Placement Agent Agreement • January 7th, 2025 • Acurx Pharmaceuticals, Inc. • Pharmaceutical preparations

THIS PLACEMENT AGENT 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 January 7, 2025 (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on January 6, 2030, (the “Termination Date”), but not thereafter, to subscribe for and purchase from Acurx Pharmaceuticals, Inc., a corporation incorporated under the laws of the state of Delaware (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). This Warrant is being issued pursuant to that certain engagement letter, dated as of October 9, 2024, by and between the Company and H.C. Wainwright & Co., LLC.