COMMON STOCK PURCHASE WARRANT BIOMX INC.BiomX Inc. • July 26th, 2021 • Biological products, (no disgnostic substances) • New York
THIS COMMON STOCK PURCHASE WARRANT (this “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 Initial Exercise Date (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on [_____] 2 (the “Termination Date”) but not thereafter, to subscribe for and purchase from BiomX 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).
BIOMX INC. PLACEMENT AGENCY AGREEMENTPlacement Agency Agreement • July 26th, 2021 • BiomX Inc. • Biological products, (no disgnostic substances) • New York
BiomX Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions of this Placement Agency Agreement (this “Agreement”) and the Purchase Agreement (as defined in Section 1(a) hereof), to sell to certain investors (each, an “Investor” and collectively, the “Investors”) an aggregate of 3,750,000 shares (the “Shares”) of the Company’s common stock, par value $0.0001 (the “Common Stock”), and warrants to purchase up to an aggregate of 2,812,501 shares of Common Stock (the “Warrants” and, together with the Shares, the “Securities”), in an offering under the Company’s registration statement on Form S-3 (Registration No. 333-251151). The Common Stock issuable pursuant to the terms of the Warrants are referred to herein as the “Warrant Shares”).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • July 26th, 2021 • BiomX Inc. • Biological products, (no disgnostic substances) • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of July 26, 2021, between BiomX 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”).
