FIRST AMENDMENT TO SECURITIES PURCHASE, LOAN AND SECURITY AGREEMENTLoan and Security Agreement • February 1st, 2018 • Capstone Therapeutics Corp. • Pharmaceutical preparations
THIS FIRST AMENDMENT TO SECURITIES PURCHASE, LOAN AND SECURITY AGREEMENT (the “Amendment”) is made as of the 30th day of January, 2018 by and between Capstone Therapeutics Corp., a Delaware corporation located at 1275 West Washington Street, Suite 104, Tempe, Arizona 85281 (the “Company”), and BP Peptides, LLC, a Delaware limited liability company located at 122 East 42nd Street, Suite 4305, New York, New York 10168 (the “Buyer”).
CAPSTONE THERAPEUTICS CORP. WARRANT TO PURCHASE COMMON STOCKCapstone Therapeutics Corp. • February 1st, 2018 • Pharmaceutical preparations • Delaware
THIS CERTIFIES THAT, for value received, the receipt and sufficiency of which are hereby acknowledged, BP Peptides, LLC, a Delaware limited liability company, or its registered assigns (as the case may be, the “Holder”), is entitled, subject to the terms and conditions set forth herein, to purchase from Capstone Therapeutics Corp., a Delaware corporation (the “Company”), up to six million, three hundred and twenty-one thousand, nine hundred and thirty (6,321,930) (the “Warrant Number”) duly authorized, validly issued, fully-paid and non-assessable shares (the “Warrant Shares”) of the Company’s Common Stock, par value $.0005 per share (the “Warrant Stock”), subject to adjustment as provided herein, at a purchase price equal to $.075 per share (the “Exercise Price”), subject to adjustment as provided herein. The term “Warrant” as used herein shall mean this warrant, and any warrants delivered in substitution or exchange therefor as provided herein.
