ATHERONOVA INC. [FORM OF] COMMON STOCK PURCHASE WARRANTAtheroNova Inc. • September 16th, 2014 • Pharmaceutical preparations
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, __________ (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 Issue Date (as defined above) and on or prior to the close of business on the fifth (5th) anniversary of the Issue Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from AtheroNova Inc., a Delaware corporation (the “Company”), up to ____________ shares (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).
SECURITY AGREEMENTSecurity Agreement • September 16th, 2014 • AtheroNova Inc. • Pharmaceutical preparations • California
This SECURITY AGREEMENT, dated as of September 12, 2014 (this “Agreement”), is among AtheroNova Inc., a Delaware corporation (the “Company”), all of the Subsidiaries of the Company (such Subsidiaries, the “Guarantors”, and together with the Company, the “Debtors”), and the holders, each signatory hereto, of the Company’s 8% Senior Secured Convertible Notes issued or to be issued in the original aggregate principal amount of up to $1,000,000 (the “Notes”) pursuant to the Purchase Agreement (as defined below) (collectively, together with their endorsees, transferees and assigns, the “Secured Parties”, and each individually, a “Secured Party”).
SUBSIDIARY GUARANTEESubsidiary Guarantee • September 16th, 2014 • AtheroNova Inc. • Pharmaceutical preparations • California
THIS SUBSIDIARY GUARANTEE, dated as of September 12, 2014 (this “Guarantee”), is made by each of the signatories hereto (together with any other entity that may become a party hereto as provided herein, the “Guarantors”, and together with the Company (as defined below), the “Debtors”), in favor of the purchasers (including such purchasers’ successors, transferees and assigns, the “Purchasers”) signatory to the Purchase Agreement (as defined below).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • September 16th, 2014 • AtheroNova Inc. • Pharmaceutical preparations • California
This Securities Purchase Agreement (this “Agreement”) is dated as of September 12, 2014 among AtheroNova Inc., a Delaware corporation (the “Company”), each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”), and W-Net Fund I, L.P., which will serve as the initial representative of the Purchasers, and is referred to herein from time to time as the “Purchaser Representative.”
INTELLECTUAL PROPERTY SECURITY AGREEMENTIntellectual Property Security Agreement • September 16th, 2014 • AtheroNova Inc. • Pharmaceutical preparations • California
This INTELLECTUAL PROPERTY SECURITY AGREEMENT (this “Agreement”), dated as of September 12, 2014, is made by AtheroNova Inc., a Delaware corporation (the “Company”), and all of the Subsidiaries of the Company (such Subsidiaries, the “Guarantors”, and together with the Company, the “Grantors”), in favor of the holders of the Company’s 8% Senior Secured Convertible Notes issued or to be issued in the original aggregate principal amount of up to $1,000,000 (the “Notes”) pursuant to the Purchase Agreement (as defined below) (collectively, together with their endorsees, transferees and assigns, the “Lenders”).
