14,402,000 American Depositary Shares and Warrants to Purchase 5,760,800 American Depositary Shares Each American Depositary Share Representing Ten Ordinary Shares PSIVIDA LIMITED PLACEMENT AGENT AGREEMENTPlacement Agent Agreement • July 2nd, 2007 • pSivida LTD • Laboratory analytical instruments • New York
SUBSCRIPTION AGREEMENTSubscription Agreement • July 2nd, 2007 • pSivida LTD • Laboratory analytical instruments • New York
Please confirm that the foregoing correctly sets forth the agreement between us by signing in the space provided below for that purpose.
PSIVIDA LIMITED WARRANT TO PURCHASE ADSsPurchase Adss • July 2nd, 2007 • pSivida LTD • Laboratory analytical instruments • New York
PSIVIDA LIMITED (the “Company”), an Australian company existing pursuant to the Australian Corporations Act 2001 (the “Corporations Act”), hereby certifies that, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, [_________], the registered holder hereof or its permitted assigns (the “Holder”), is entitled, subject to the terms set forth below, to purchase from the Company, at the Exercise Price (as defined below) then in effect, upon surrender of this Warrant to Purchase ADSs (as defined herein), at any time or times on or after the Date of Issuance, but not after 5:00 p.m., New York Time, on the Expiration Date (as defined below), up to [________] American Depositary Shares (an “ADS”, collectively the “ADSs”), with each ADS representing ten (10) ordinary shares of the Company (the “Ordinary Shares”). The ADSs issuable upon the exercise of the Warrants are referred to herein as the “Warrant ADSs” and, together with the ADSs and the Warra
