0001193125-17-220582 Sample Contracts

AGREEMENT AND PLAN OF MERGER AND REORGANIZATION Among OPEXA THERAPEUTICS, INC. OPEXA MERGER SUB, INC., and ACER THERAPEUTICS INC. Dated as of June 30, 2017

Agreement and Plan of Merger • July 3rd, 2017 • Opexa Therapeutics, Inc. • Pharmaceutical preparations • Delaware

• Contract Type
  Agreement and Plan of Merger
• Filed
  July 3rd, 2017
• Company
  Opexa Therapeutics, Inc.
• Industry
  Pharmaceutical preparations
• Jurisdiction
  Delaware

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.

SUPPORT AGREEMENT

Support Agreement • July 3rd, 2017 • Opexa Therapeutics, Inc. • Pharmaceutical preparations • Delaware

• Contract Type
  Support Agreement
• Filed
  July 3rd, 2017
• Company
  Opexa Therapeutics, Inc.
• Industry
  Pharmaceutical preparations
• Jurisdiction
  Delaware

This SUPPORT AGREEMENT (this “Agreement”), dated as of June 30, 2017, is by and among Opexa Therapeutics, Inc. (“Opexa”), and the Person set forth on Schedule A hereto (the “Stockholder”).