AMENDMENT NO. 1 TO SERIES 1 UNSECURED CONVERTIBLE PROMISSORY NOTEConvertible Promissory Note • March 17th, 2023 • Arch Therapeutics, Inc. • Surgical & medical instruments & apparatus
This Amendment No. 1 (this “Amendment”), dated as of March 10, 2023, to those certain Series 1 Unsecured Convertible Promissory Notes (as amended, the “Series 1 Notes”), issued by Arch Therapeutics, Inc., a Nevada corporation (the “Company”), to each note holder (collectively, the “Note Holders”) on June 4, 2020, as amended by that certain Subordination Agreement, dated as of July 6, 2022, by and between the Company and each Note Holder (the “Subordination Agreement”), is made by and among the Company and the Requisite Holders (as defined below). Capitalized terms used herein but not otherwise defined shall have the meanings ascribed to them in the Series 1 Notes.
AMENDMENT NO. 1 TO SERIES 2 UNSECURED CONVERTIBLE PROMISSORY NOTEConvertible Promissory Note • March 17th, 2023 • Arch Therapeutics, Inc. • Surgical & medical instruments & apparatus
This Amendment No. 1 (this “Amendment”), dated as of March 10, 2023, to those certain Series 2 Unsecured Convertible Promissory Notes (as amended, the “Series 2 Notes”), issued by Arch Therapeutics, Inc., a Nevada corporation (the “Company”), to each note holder (collectively, the “Note Holders”) on November 6, 2020, as amended by that certain Subordination Agreement, dated as of July 6, 2022, by and between the Company and each Note Holder (the “Subordination Agreement”), is made by and among the Company and the Requisite Holders (as defined below). Capitalized terms used herein but not otherwise defined shall have the meanings ascribed to them in the Series 2 Notes.
WARRANT EXCHANGE AGREEMENTWarrant Exchange Agreement • March 17th, 2023 • Arch Therapeutics, Inc. • Surgical & medical instruments & apparatus • New York
This Warrant Exchange Agreement (this “Agreement”), dated as of March 10, 2023 (the “Effective Date”), is entered into by and among Arch Therapeutics, Inc., a Nevada corporation (the “Company”), and the undersigned holders (the “Warrantholders”) of warrants to purchase shares of common stock, par value $0.001 per share, of the Company (the “Common Stock”).
AMENDMENT NO. 2 TO UNSECURED CONVERTIBLE PROMISSORY NOTEConvertible Promissory Note • March 17th, 2023 • Arch Therapeutics, Inc. • Surgical & medical instruments & apparatus
This Amendment No. 2 (this “Amendment”), dated as of March 10, 2023, to those certain Unsecured Convertible Promissory Notes (as amended, the “Second Notes”), issued by Arch Therapeutics, Inc., a Nevada corporation (the “Company”), to each Holder pursuant to that certain Securities Purchase Agreement, dated July 6, 2022, by and among the Company and the signatories thereto (the “Holders”), as amended on January 18, 2023 (as amended, the “Securities Purchase Agreement”) is made by and among the Company and the Consenting Stockholders (as defined below). Capitalized terms used herein but not otherwise defined shall have the meanings ascribed to them in the Securities Purchase Agreement.
