0001140361-09-019527 Sample Contracts

NOVABAY PHARMACEUTICALS, INC. SUBSCRIPTION AGREEMENT
Subscription Agreement • August 21st, 2009 • NovaBay Pharmaceuticals, Inc. • Pharmaceutical preparations • New York

The undersigned (the “Investor”) hereby confirms its agreement with NovaBay Pharmaceuticals, Inc., a California corporation (the “Company”), as follows:

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1,225,000 Shares of Common Stock and Warrants to Purchase up to 1,225,000 Shares of Common Stock NOVABAY PHARMACEUTICALS, INC. PLACEMENT AGENT AGREEMENT August 21, 2009
Lock-Up Agreement • August 21st, 2009 • NovaBay Pharmaceuticals, Inc. • Pharmaceutical preparations • New York
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