SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • March 31st, 2009 • Aeolus Pharmaceuticals, Inc. • Pharmaceutical preparations • New York
SECURITIES PURCHASE AGREEMENT (this “Agreement”), dated as of March 30, 2009, by and among Aeolus Pharmaceuticals, Inc., a Delaware corporation with its headquarters located at 26361 Crown Valley Parkway, Suite 150, Mission Viejo, California 92691 (the “Company”), and the investors listed on the Schedule of Buyers attached hereto (individually, a “Buyer” and collectively, the “Buyers”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • March 31st, 2009 • Aeolus Pharmaceuticals, Inc. • Pharmaceutical preparations • New York
AMENDMENT NO. 2 TO SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • March 31st, 2009 • Aeolus Pharmaceuticals, Inc. • Pharmaceutical preparations • New York
This AMENDMENT NO. 2 TO SECURITIES PURCHASE AGREEMENT (this "Amendment"), is being entered into and effective as of March 30, 2009, by and among AEOLUS PHARMACEUTICALS, INC., a Delaware corporation with its headquarters located at 26361 Crown Valley Parkway, Suite 150, Mission Viejo, California 92691, as issuer (the "Company"), and XMARK OPPORTUNITY FUND, L.P. and XMARK OPPORTUNITY FUND, LTD. (collectively, the "Investors"), as Buyers (as defined in the Agreement (as defined below)) and holders of all the outstanding 7% Senior Convertible Notes due 2011 of the Company and warrants to purchase common stock of the Company issued on the Initial Closing Date (as defined in the Agreement).
