REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • January 30th, 2008 • MiddleBrook Pharmaceuticals, Inc. • Pharmaceutical preparations • New York
This REGISTRATION RIGHTS AGREEMENT (this “Agreement”) is made as of January __, 2008, by and among (i) MiddleBrook Pharmaceuticals, Inc., a Delaware corporation (the “Company”), (ii) each person listed on Exhibit A attached hereto (collectively, the “Initial Investors” and each individually, an “Initial Investor”), and (iii) each person or entity that subsequently becomes a party to this Agreement pursuant to, and in accordance with, the provisions of Section 12 hereof (collectively, the “Investor Permitted Transferees” and each individually an “Investor Permitted Transferee”).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • January 30th, 2008 • MiddleBrook Pharmaceuticals, Inc. • Pharmaceutical preparations • New York
This SECURITIES PURCHASE AGREEMENT (this “Agreement”) is dated as of the 24th day of January, 2008 (the “Effective Date”) by and between MiddleBrook Pharmaceuticals, Inc., a Delaware corporation, with its principal office at 20425 Seneca Meadows Parkway, Germantown, Maryland 20876 (the “Company”), and the several purchasers identified in the attached Exhibit A (individually, a “Purchaser” and collectively, the “Purchasers”).
WARRANT NO. NUMBER OF SHARES:MiddleBrook Pharmaceuticals, Inc. • January 30th, 2008 • Pharmaceutical preparations • New York
This Warrant is issued to ___________, or its registered assigns (the “Purchaser”), pursuant to that certain Securities Purchase Agreement, dated as of January 24, 2008, between MiddleBrook Pharmaceuticals, Inc., a Delaware corporation (the “Company”), the Purchaser and certain other purchasers thereunder (the “Purchase Agreement”) and is subject to the terms and conditions of the Purchase Agreement.
