— ] Units Each Unit Consisting of One Share of Common Stock And A Warrant to Purchase [ — ] of a Share of Common Stock Mast Therapeutics, Inc. PURCHASE AGREEMENTPurchase Agreement • June 13th, 2013 • Mast Therapeutics, Inc. • Pharmaceutical preparations • New York
Mast Therapeutics, Inc., a Delaware corporation (the “Company”), proposes to sell to the several Underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of [ — ] units (the “Firm Units”), each of which shall consist of (i) one (1) share of the Company’s Common Stock, $0.001 par value per share (the “Common Stock”) (such shares of Common Stock constituting a part of the Units, collectively the “Shares”), and (ii) a warrant to purchase [ — ] of a share of Common Stock (such warrants constituting a part of the Units, collectively the “Warrants”). The Company has also granted to the Underwriters an option to purchase up to [ — ] additional units on the terms and for the purposes set forth in Section 3 hereof (the “Option Units”). The shares of Common Stock issuable upon exercise of the Warrants are called the “Warrant Shares,” and the Warrant Shares, together with the Warrants and the Shares, are called the “Securities.” The Firm Units and any Option Units purchased pursu
WARRANT AGENT AGREEMENTWarrant Agent Agreement • June 13th, 2013 • Mast Therapeutics, Inc. • Pharmaceutical preparations • New York
This Warrant Agent Agreement (this “Agreement”) is made as of June , 2013 between Mast Therapeutics, Inc., a Delaware corporation (“Company”), and American Stock Transfer & Trust Company, LLC, a New York limited liability trust company (“Warrant Agent”).
