SERIES D PRE-FUNDED COMMON STOCK PURCHASE WARRANT ZOSANO PHARMA CORPORATIONZosano Pharma Corp • February 13th, 2020 • Pharmaceutical preparations • New York
THIS SERIES D PRE-FUNDED 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 until this Warrant is exercised in full (the “Termination Date”) but not thereafter, to subscribe for and purchase from Zosano Pharma Corporation, 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).
10,146,154 SHARES OF COMMON STOCK, 12,307,693 SERIES C WARRANTS (EXERCISABLE FOR 12,307,693 SHARES), AND 2,161,539 SERIES D WARRANTS (EXERCISABLE FOR 2,161,539 SHARES) ZOSANO PHARMA CORPORATION UNDERWRITING AGREEMENTUnderwriting Agreement • February 13th, 2020 • Zosano Pharma Corp • Pharmaceutical preparations • New York
The undersigned, Zosano Pharma Corporation, a company incorporated under the laws of Delaware (collectively with its subsidiaries and Affiliates (as defined below), including, without limitation, all entities disclosed or described in the Registration Statement as being subsidiaries or Affiliates of Zosano Pharma Corporation, the “Company”), hereby confirms its agreement (this “Agreement”) with the several underwriters (such underwriters, including the Representative (as defined below), the “Underwriters” and each an “Underwriter”) named in Schedule I hereto for which H.C. Wainwright & Co., LLC is acting as representative (the “Representative” and if there are no Underwriters other than the Representative, references to multiple Underwriters shall be disregarded and the term Representative as used herein shall have the same meaning as Underwriter) on the terms and conditions set forth herein.
