FORM OF COMMON STOCK PURCHASE WARRANT OXIGENE, INC.Oxigene Inc • September 20th, 2013 • Biological products, (no disgnostic substances)
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the date hereof (the “Initial Exercise Date”) and on or prior to the close of business on the five year anniversary of the Initial Exercise Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from OXiGENE, Inc., a Delaware corporation (the “Company”), up to shares (as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).
FORM OF SECURITIES PURCHASE AGREEMENTForm of Securities Purchase Agreement • September 20th, 2013 • Oxigene Inc • Biological products, (no disgnostic substances) • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of September 18, 2013, between OXiGENE, Inc., a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively, the “Purchasers”).
FORM OF REGISTRATION RIGHTS AGREEMENTForm of Registration Rights Agreement • September 20th, 2013 • Oxigene Inc • Biological products, (no disgnostic substances)
This Agreement is made pursuant to the Securities Purchase Agreement, dated as of the date hereof, between the Company and each Purchaser (the “Purchase Agreement”).
STRICTLY CONFIDENTIAL Peter J. Langecker, M.D., Ph.D Chief Executive Officer OXiGENE, Inc.Oxigene Inc • September 20th, 2013 • Biological products, (no disgnostic substances) • New York
FORM OF AMENDMENT NO. 7 TO STOCKHOLDER RIGHTS AGREEMENTStockholder Rights Agreement • September 20th, 2013 • Oxigene Inc • Biological products, (no disgnostic substances) • Delaware
This Amendment No. 7 to Stockholder Rights Agreement (the “Amendment”), dated as of September 20, 2013, by and between OXiGENE, Inc., a Delaware corporation (the “Company”), and American Stock Transfer & Trust Company, LLC (the “Rights Agent”), amends that certain Stockholder Rights Agreement, dated as of March 24, 2005, as amended as of October 1, 2008, October 14, 2009, March 10, 2010, January 18, 2011, November 28, 2011, and April 11, 2013, between the Company and the Rights Agent (as so amended, the “Agreement”).
