NOVABAY PHARMACEUTICALS, INC. SERIES C COMMON STOCK PURCHASE WARRANTNovaBay Pharmaceuticals, Inc. • December 21st, 2023 • Pharmaceutical preparations
THIS SERIES C COMMON STOCK PURCHASE WARRANT (the “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 Stockholder Approval Date (as defined in the letter agreement, dated December 21, 2023, between the Holder and the Company (the “Letter Agreement”)) (the “Initial Exercise Date”), and (b) on or prior to 5:00 p.m. (New York City time) on June 21, 2029 (the “Termination Date”) but not thereafter, to subscribe for and purchase from NovaBay Pharmaceuticals, 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).
Re: Series B Warrant Exercise AgreementNovaBay Pharmaceuticals, Inc. • December 21st, 2023 • Pharmaceutical preparations
NovaBay Pharmaceuticals, Inc. (the “Company”) previously issued and delivered to you (“Holder” or “you” or “your”) the Company’s Series B-1 warrants (the “Series B-1 Warrants”) to purchase Company common stock, par value $0.01 per share (“Common Stock”) and the Series B-2 warrants (the “Series B-2 Warrants” and together with the Series B-1 Warrants, the “Series B Warrants”) to purchase Common Stock that were issued to you pursuant to a Securities Purchase Agreement, dated April 27, 2023 (the “Purchase Agreement”).
