Esq. Uses in Notices Clause

Notices from Agreement and Plan of Merger and Reorganization

THIS AGREEMENT AND PLAN OF MERGER AND REORGANIZATION (this Agreement) is made and entered into as of June 30, 2017, by and among Opexa Therapeutics, Inc., a Texas corporation (Opexa), Opexa Merger Sub, Inc., a Delaware corporation (Merger Sub), and Acer Therapeutics Inc., a Delaware corporation (Acer). Certain capitalized terms used in this Agreement are defined in Exhibit A.

Notices. Any notice or other communication required or permitted to be delivered to any Party under this Agreement shall be in writing and shall be deemed properly delivered, given and received when delivered by hand, by registered mail, by courier or express delivery service, electronic mail, or by facsimile to the address, electronic mail address, or facsimile telephone number set forth beneath the name of such Party below (or to such other address, electronic mail address, or facsimile telephone number as such Party has specified in a written notice given to the other parties hereto): if to Opexa or Merger Sub: Opexa Therapeutics, Inc. 2635 Technology Forest Blvd. The Woodlands, TX 77381 Telephone No.: (281) 719-3437 Facsimile No.: (281) 872-8585 Attention: Neil K. Warma E-mail: [email protected] with a copy to: Pillsbury Winthrop Shaw Pittman LLP 12255 El Camino Real, Suite 300 San Diego, California 92130 Telephone: (858) 509-4000 Fax: (858) 509-4010 Attention: Mike Hird E-mail: [email protected] if to Acer: Acer Therapeutics Inc. 222 Third Street Suite #2240 Cambridge, MA 02142 Telephone No.: (844) 902-6100 Facsimile No.: (617) 225-7780 Attention: Harry Palmin E-mail: [email protected] with a copy to: Foley Hoag LLP 155 Seaport Boulevard Boston, MA 02210 Telephone No.: (617) 832-1209 Facsimile No.: (617) 832-7000 Attention: David R. Pierson, Esq. and William R. Kolb, Esq. E-Mail: [email protected] and [email protected]

Notices from Warrant Agency Agreement

WARRANT AGENCY AGREEMENT made as of _____________, 2017 (the "Issuance Date"), between Inpixon, a Nevada corporation, with offices at 2479 E. Bayshore Road, Suite 195, Palo Alto, CA 94303 (the "Company"), and Corporate Stock Transfer Inc., with offices at 3200 Cherry Creek S Dr # 430, Denver, CO 80209 (the "Warrant Agent").

Notices. Any notice, statement or demand authorized by this Warrant Agreement to be given or made by the Warrant Agent or by the holder of any Warrant to or on the Company shall be sufficiently given when so delivered if by hand or overnight delivery or if sent by certified mail or private courier service within five days after deposit of such notice, postage prepaid, addressed (until another address is filed in writing by the Company with the Warrant Agent), as follows: Inpixon 2479 E. Bayshore Road, Suite 195 Palo Alto, CA 94303 Attn: Chief Executive Officer Any notice, statement or demand authorized by this Warrant Agreement to be given or made by the holder of any Warrant or by the Company to or on the Warrant Agent shall be sufficiently given when so delivered if by hand or overnight delivery or if sent by certified mail or private courier service within five days after deposit of such notice, postage prepaid, addressed (until another address is filed in writing by the Warrant Agent with the Company), as follows: Corporate Stock Transfer Inc. 3200 Cherry Creek S Dr., # 430 Denver, CO 80209 Attn: Carylyn Bell with a copy in each case to: Mitchell Silberberg & Knupp LLP 12 E. 49th Street, 30th Floor New York, NY 10017 Attn: Melanie Figueroa, Esq.

Notices from Warrant Agreement

This Warrant Agreement (this "Agreement") made as of June 19, 2017 between Constellation Alpha Capital Corp., a British Virgin Islands company, with offices at Emerald View, Suite 400 2054 Vista Parkway West Palm Beach, FL 33411 ("Company"), and Continental Stock Transfer& Trust Company, a New York corporation, with offices at One State Street, 30th Floor, New York, New York 10004 ("Warrant Agent").

Notices. Any notice, statement or demand authorized by this Agreement to be given or made by the Warrant Agent or by the holder of any Warrant to or on the Company shall be sufficiently given when so delivered if by hand or overnight delivery or if sent by certified mail or private courier service within five days after deposit of such notice, postage prepaid, addressed (until another address is filed in writing by the Company with the Warrant Agent), as follows: Constellation Alpha Capital Corp. Emerald View, Suite 400 2054 Vista Parkway West Palm Beach, FL 33411 Attn: Rajiv Shukla, Chief Executive Officer and Chairman of the Board Any notice, statement or demand authorized by this Agreement to be given or made by the holder of any Warrant or by the Company to or on the Warrant Agent shall be sufficiently given when so delivered if by hand or overnight delivery or if sent by certified mail or private courier service within five days after deposit of such notice, postage prepaid, addressed (until another address is filed in writing by the Warrant Agent with the Company), as follows: Continental Stock Transfer & Trust Company One State Street, 30th Floor New York, New York 10004 Attn: Compliance Department with a copy in each case to: Ellenoff Grossman & Schole LLP 1345 Avenue of the Americas, 11th Floor New York, NY 10105 Attn: Stuart Neuhauser, Esq. and Skadden, Arps, Slate, Meagher & Flom LLP 300 South Grand Avenue, Suite 3400 Los Angeles, California 90071 Attn: Gregg A. Noel, Esq. and Jonathan Ko, Esq. and Cowen and Company, LLC 599 Lexington Avenue, 27th Floor New York, NY 10022 Attn: Bradley R. Friedman

Notices from Rights Agreement

This Rights Agreement (this "Agreement") is made as of June 19, 2017 between Constellation Alpha Capital Corp., a company incorporated in the British Virgin Islands with number 1884971, with offices at Emerald View, Suite 400, 2054 Vista Parkway, West Palm Beach, FL 33411 (the "Company"), and Continental Stock Transfer & Trust Company, a New York corporation, with offices at One State Street, 30th Floor, New York, New York 10004 ("Rights Agent").

Notices. Any notice, statement or demand authorized by this Agreement to be given or made by the Rights Agent or by the holder of any Right to or on the Company shall be sufficiently given when so delivered if by hand or overnight delivery or if sent by certified mail or private courier service within five days after deposit of such notice, postage prepaid, addressed (until another address is filed in writing by the Company with the Rights Agent), as follows: Constellation Alpha Capital Corp. Emerald View, Suite 400 2054 Vista Parkway West Palm Beach, FL 33411 Attn: Rajiv Shukla, Chief Executive Officer and Chairman of the Board Any notice, statement or demand authorized by this Agreement to be given or made by the holder of any Right or by the Company to or on the Rights Agent shall be sufficiently given when so delivered if by hand or overnight delivery or if sent by certified mail or private courier service within five days after deposit of such notice, postage prepaid, addressed (until another address is filed in writing by the Rights Agent with the Company), as follows: Continental Stock Transfer & Trust Company One State Street, 30th Floor New York, New York 10004 Attn: Compliance Department with a copy to: Ellenoff Grossman & Schole, LLP 1345 Avenue of the Americas, New York, NY 10105 Attn: Stuart Neuhauser, Esq. and Skadden, Arps, Slate, Meagher & Flom LLP 300 South Grand Avenue Los Angeles, CA 90071-3144 Attn: Gregg A. Noel, Esq. and Jonathan Ko, Esq. and Ogier Ritter House, 6th Floor Wickhams Cay II PO Box 3170 Road Town, Tortola British Virgin Islands, VG1110 Attn: Michael Killourhy and Cowen and Company, LLC 599 Lexington Avenue, 27th Floor New York, NY 10022 Attn: Bradley R. Friedman

Notices from Warrant Agency Agreement

WARRANT AGENCY AGREEMENT made as of _____________, 2017 (the "Issuance Date"), between Inpixon, a Nevada corporation, with offices at 2479 E. Bayshore Road, Suite 195, Palo Alto, CA 94303 (the "Company"), and Corporate Stock Transfer Inc., with offices at 3200 Cherry Creek S Dr # 430, Denver, CO 80209 (the "Warrant Agent").

Notices. Any notice, statement or demand authorized by this Warrant Agreement to be given or made by the Warrant Agent or by the holder of any Warrant to or on the Company shall be sufficiently given when so delivered if by hand or overnight delivery or if sent by certified mail or private courier service within five days after deposit of such notice, postage prepaid, addressed (until another address is filed in writing by the Company with the Warrant Agent), as follows: Inpixon 2479 E. Bayshore Road, Suite 195 Palo Alto, CA 94303 Attn: Chief Executive Officer Any notice, statement or demand authorized by this Warrant Agreement to be given or made by the holder of any Warrant or by the Company to or on the Warrant Agent shall be sufficiently given when so delivered if by hand or overnight delivery or if sent by certified mail or private courier service within five days after deposit of such notice, postage prepaid, addressed (until another address is filed in writing by the Warrant Agent with the Company), as follows: Corporate Stock Transfer Inc. 3200 Cherry Creek S Dr., # 430 Denver, CO 80209 Attn: [_____] with a copy in each case to: Mitchell Silberberg & Knupp LLP 12 E. 49th Street, 30th Floor New York, NY 10017 Attn: Melanie Figueroa, Esq.

Notices from Warrant Agreement

THIS WARRANT AGREEMENT ("Agreement") dated as of June 1, 2017 is between KBL Merger Corp. IV, a Delaware corporation, ("Company"), and Continental Stock Transfer & Trust Company, a New York corporation ("Warrant Agent").

Notices. Any notice, statement or demand authorized by this Warrant Agreement to be given or made by the Warrant Agent or by the holder of any Warrant to or on the Company shall be sufficiently given when so delivered if by hand or overnight delivery or if sent by certified mail or private courier service within five days after deposit of such notice, postage prepaid, addressed (until another address is filed in writing by the Company with the Warrant Agent), as follows: KBL Merger Corp. IV 527 Stanton Christiana Rd. Newark, DE 19713 Attn: Marlene Krauss, M.D., Chief Executive Officer Any notice, statement or demand authorized by this Agreement to be given or made by the holder of any Warrant or by the Company to or on the Warrant Agent shall be sufficiently given when so delivered if by hand or overnight delivery or if sent by certified mail or private courier service within five days after deposit of such notice, postage prepaid, addressed (until another address is filed in writing by the Warrant Agent with the Company), as follows: Continental Stock Transfer & Trust Company One State Street, 30th Floor New York, New York 10004 Attn: Compliance Department with a copy in each case to: Ellenoff Grossman & Schole LLP 1345 Avenue of the Americas New York, New York 10105 Attn: Stuart Neuhauser, Esq. and Holland & Knight LLP 701 Brickell Avenue Suite 3300 Miami, Florida 33131 Attn: Bradley D. Houser, Esq. and Ladenburg Thalmann & Co. Inc. 277 Park Avenue, 26th Floor New York, New York 10172 Attn: Steven Kaplan

Notices from Employment Agreement

AGREEMENT dated as of March 20, 2017 between Dennis M. McGrath, residing at 2 Colonial Court, Medford, NJ 08055 ("Executive"), and PAVmed Inc., a Delaware corporation having its principal office at One Grand Central Place, Suite 4600, New York, New York 10165 ("Company").

Notices. All notices provided for in this Agreement shall be in writing, and shall be deemed to have been duly given when (i) delivered personally to the party to receive the same, or (ii) when mailed first class postage prepaid, by certified mail, return receipt requested, addressed to the party to receive the same at his or its address set forth below, or such other address as the party to receive the same shall have specified by written notice given in the manner provided for in this Section 6.1, or sent via email or facsimile. If to Executive: Dennis M. McGrath 2 Colonial Court Medford, NJ 08055 Email: [email protected] Facsimile: (609)-953-9303 With a copy in either case to: Pavia & Harcourt LLP 590 Madison Avenue New York, New York 10022 Attn: Adam D. Mitzner, Esq. Facsimile: 212-969-2900 If to the Company: PAVmed Inc. One Grand Central Place, Suite 4600 New York, New York 10165 Attn: Lishan Aklog, M.D. Email: [email protected] Facsimile: (212) 634-7403 With a copy in either case to: Graubard Miller The Chrysler Building 405 Lexington Ave, 11th Floor New York, NY 10170 Attn: David Alan Miller; Jeffrey M. Gallant Email: [email protected]; [email protected] Facsimile: (212) 818-8881

Notices from Rights Agreement

This Rights Agreement (this "Agreement") is made as of [ ], 2017 between Constellation Alpha Capital Corp., a company incorporated in the British Virgin Islands with number 1884971, with offices at Emerald View, Suite 400, 2054 Vista Parkway, West Palm Beach, FL 33411 (the "Company"), and Continental Stock Transfer & Trust Company, a New York corporation, with offices at 17 Battery Place, New York, New York 10004 ("Rights Agent").

Notices. Any notice, statement or demand authorized by this Agreement to be given or made by the Rights Agent or by the holder of any Right to or on the Company shall be sufficiently given when so delivered if by hand or overnight delivery or if sent by certified mail or private courier service within five days after deposit of such notice, postage prepaid, addressed (until another address is filed in writing by the Company with the Rights Agent), as follows: Constellation Alpha Capital Corp. Emerald View, Suite 400 2054 Vista Parkway West Palm Beach, FL 33411 Attn: Rajiv Shukla, Chief Executive Officer and Chairman of the Board Any notice, statement or demand authorized by this Agreement to be given or made by the holder of any Right or by the Company to or on the Rights Agent shall be sufficiently given when so delivered if by hand or overnight delivery or if sent by certified mail or private courier service within five days after deposit of such notice, postage prepaid, addressed (until another address is filed in writing by the Rights Agent with the Company), as follows: Continental Stock Transfer & Trust Company 17 Battery Place New York, New York 10004 Attn: Compliance Department with a copy to: Ellenoff Grossman & Schole, LLP 1345 Avenue of the Americas, New York, NY 10105 Attn: Stuart Neuhauser, Esq. and Skadden, Arps, Slate, Meagher & Flom LLP 300 South Grand Avenue Los Angeles, CA 90071-3144 Attn: Gregg A. Noel, Esq. and Jonathan Ko, Esq. and Ogier Ritter House, 6th Floor Wickhams Cay II PO Box 3170 Road Town, Tortola British Virgin Islands, VG1110 Attn: Michael Killourhy and Cowen and Company, LLC 1221 Avenue of the Americas New York, NY 10020 [Attn: ]

Notices from Warrant Agreement

THIS WARRANT AGREEMENT (this Agreement), dated as of May 17, 2017, is by and between Modern Media Acquisition Corp., a Delaware corporation (the Corporation), and Continental Stock Transfer & Trust Company, a New York corporation, as warrant agent (the Warrant Agent, also referred to herein as the Transfer Agent).

Notices. Any notice, statement or demand authorized by this Agreement to be given or made by the Warrant Agent or by the holder of any Warrant to or on the Corporation shall be sufficiently given when so delivered if by hand or overnight delivery or if sent by certified mail or private courier service within five (5) days after deposit of such notice, postage prepaid, addressed (until another address is filed in writing by the Corporation with the Warrant Agent), as follows: Modern Media Acquisition Corp. 1180 Peachtree Street, N.E., Suite 2400 Atlanta, GA 30309 Attention: Lewis W. Dickey, Jr. with copies to: Jones Day 1420 Peachtree Street, N.E. Suite 800 Atlanta, GA 30309 Attn: Mark Hanson, Esq. Fax No.: (404) 581-8330 Email: [email protected] Any notice, statement or demand authorized by this Agreement to be given or made by the holder of any Warrant or by the Corporation to or on the Warrant Agent shall be sufficiently given when so delivered if by hand or overnight delivery or if sent by certified mail or private courier service within five (5) days after deposit of such notice, postage prepaid, addressed (until another address is filed in writing by the Warrant Agent with the Corporation), as follows: Continental Stock Transfer & Trust Company 17 Battery Place New York, NY 10004 Attention: Compliance Department

Notices from Agreement and Plan of Merger and Reorganization

THIS AGREEMENT AND PLAN OF MERGER AND REORGANIZATION (this Agreement) is made and entered into as of May 15, 2017, by and among MIRNA THERAPEUTICS, INC., a Delaware corporation (Meerkat), MEERKAT MERGER SUB, INC., a Delaware corporation and wholly owned subsidiary of Meerkat (Merger Sub), and SYNLOGIC, INC., a Delaware corporation (the Company). Certain capitalized terms used in this Agreement are defined in Exhibit A.

Notices. All notices and other communications hereunder shall be in writing and shall be deemed to have been duly delivered and received hereunder (a) one Business Day after being sent for next Business Day delivery, fees prepaid, via a reputable international overnight courier service, (b) upon delivery in the case of delivery by hand, or (c) on the date delivered in the place of delivery if sent by email or facsimile (with a written or electronic confirmation of delivery) prior to 6:00 p.m. New York City time, otherwise on the next succeeding Business Day, in each case to the intended recipient as set forth below: if to Meerkat or Merger Sub: Mirna Therapeutics, Inc. PO Box 163387 Austin, TX 78716 Attention: Paul Lammers Email: [email protected] with a copy to (which shall not constitute notice): Latham & Watkins LLP 140 Scott Drive Menlo Park, California 94025 Fax: (650) 463-2600 Attention: Mark Roeder; Chad Rolston Email: [email protected]; [email protected] if to the Company: Synlogic, Inc. 200 Sidney St., Suite 320 Cambridge, Massachusetts 02139 Fax: 617-395-6882 Attention: Jose-Carlos Gutierrez-Ramos Email: [email protected] with a copy to (which shall not constitute notice): Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. One Financial Center Boston, Massachusetts 02111 Fax: (617) 542-2241 Attention: Matthew J. Gardella, Esq.; Lewis J. Geffen, Esq. Email: [email protected]; [email protected]