SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • April 28th, 2017 • Cytrx Corp • Biological products, (no disgnostic substances) • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of April 28, 2017, between CytRx Corporation, a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”).
STRICTLY CONFIDENTIAL CytRx Corporation 11726 San Vicente Blvd., Suite 650 Los Angeles, CA 90049 Attn: John Y. Caloz, Chief Financial Officer Dear Mr. Caloz:Letter Agreement • April 28th, 2017 • Cytrx Corp • Biological products, (no disgnostic substances) • New York
This letter agreement (this “Agreement") constitutes the agreement between CytRx Corporation (the “Company") and H.C. Wainwright & Co., LLC (“Wainwright”). that Wainwright shall serve as the exclusive agent, advisor or underwriter in any offering (each, an “Offering”) of securities of the Company (“Securities”) during the Term (as defined below) of this Agreement. The terms of each Offering and the Securities issued in connection therewith shall be mutually agreed upon by the Company and Wainwright and nothing herein implies that Wainwright would have the power or authority to bind the Company and nothing herein implies that the Company shall have an obligation to issue any Securities. It is understood that Wainwright’s assistance in an Offering will be subject to the satisfactory completion of such investigation and inquiry into the affairs of the Company as Wainwright deems appropriate under the circumstances and to the receipt of all internal approvals of Wainwright in connection wi
