September 8th 2009 Mr. Aaron Whiteman, President and CEO GENova Biotherapeutics, Inc. London W1G 9QR United KingdomGenova Biotherapeutics Inc. • September 18th, 2009 • Transportation services • California
In accordance with our most recent discussions regarding your company’s desire to secure additional capital (the “Funds”), this letter agreement (the “Agreement”) shall serve as our full and complete understanding relative to your engagement of our firm, PacificWave Partners Limited (“PacificWave”), as financial advisors to GENova Biotherapeutics, Inc. (the “Company”). The Company acknowledges that the Funds may be provided through single or multiple tranche investments consisting of, without limitation, one or more of the following: conventional debt, convertible debt, secured debt, participating debt, warrants, equity, preferred equity, equity draw-down facilities, lines of credit, letters of credit and/or any other forms of financing (each, an “Investment”).
