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Form 8-K

sec.gov

8-K — CURIS INC

Accession: 0001104659-26-116910

Filed: 2026-10-19

Period: 2026-10-16

CIK: 0001108205

SIC: 2836 (BIOLOGICAL PRODUCTS (NO DIAGNOSTIC SUBSTANCES))

Item: Entry into a Material Definitive Agreement

Item: Unregistered Sales of Equity Securities

Item: Financial Statements and Exhibits

Documents

8-K — tm2627615d1_8k.htm (Primary)

EX-4.1 — EXHIBIT 4.1 (tm2627615d1_ex4-1.htm)

EX-4.2 — EXHIBIT 4.2 (tm2627615d1_ex4-2.htm)

EX-4.3 — EXHIBIT 4.3 (tm2627615d1_ex4-3.htm)

EX-4.4 — EXHIBIT 4.4 (tm2627615d1_ex4-4.htm)

EX-10.1 — EXHIBIT 10.1 (tm2627615d1_ex10-1.htm)

EX-10.2 — EXHIBIT 10.2 (tm2627615d1_ex10-2.htm)

EX-10.3 — EXHIBIT 10.3 (tm2627615d1_ex10-3.htm)

XML — IDEA: XBRL DOCUMENT (R1.htm)

8-K — FORM 8-K

8-K (Primary)

Filename: tm2627615d1_8k.htm · Sequence: 1

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0001108205

0001108205

2026-10-16

2026-10-16

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UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

FORM 8-K

CURRENT REPORT

Pursuant to Section 13 or 15(d) of

the Securities Exchange Act of 1934

Date of Report (Date of earliest event reported):

October 16, 2026

Curis, Inc.

(Exact Name of Registrant as Specified in Charter)

Delaware 000-30347 04-3505116

(State or Other Jurisdiction of

Incorporation) (Commission

File

Number) (I.R.S.

Employer Identification

Number)

128 Spring Street, Building C - Suite 500,

Lexington, MA 02421

(Address of Principal Executive Offices) (Zip

Code)

(617) 503-6500

(Registrant's telephone number, including area

code)

Not Applicable

(Former name or former address, if changed since

last report)

Check the appropriate box below if the Form 8-K filing

is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

¨ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

¨ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

¨ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

¨ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

Securities registered pursuant to Section 12(b) of

the Act:

Title of each class

Trading Symbol

Name of each exchange on which registered

Common Stock, Par Value $0.01 per share

CRIS

Nasdaq Capital Market

Indicate by check mark whether the registrant

is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2

of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).

Emerging growth company ¨

If an emerging growth company, indicate by check mark if

the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards

provided pursuant to Section 13(a) of the Exchange Act. ¨

Item 1.01 Entry into a Material Definitive Agreement.

Securities Purchase Agreement

On October 16, 2026, Curis, Inc.

(the “Company”) entered into a Securities Purchase Agreement (the “Purchase Agreement”) with the purchasers named

therein (the “Purchasers”), for the purchase and sale of 16,666,680 shares (the “Shares”) of the Company’s

common stock, par value $0.01 per share (the “Common Stock”) (or pre-funded warrants to purchase shares of Common Stock in

lieu thereof, (the “Pre-Funded Warrants”)) and common warrants to purchase up to 16,666,680 shares of Common Stock (the “Common

Warrants”) at an effective combined price of $0.51 per Share (or $0.50 per Pre-Funded Warrant) and accompanying Common Warrant (the

“Offering”). The Common Warrants have an exercise price of $0.60 per share, will be exercisable six months following their

issuance and will expire five and a half years from the issuance date. The Pre-Funded Warrants have an exercise price of $0.01 per share

and will be exercisable immediately until exercised in full.

The gross proceeds from the Offering are expected to be approximately

$8.5 million, before deducting placement agents’ fees and other Offering expenses. The Company intends to use the net proceeds of

this Offering to fund its research and development activities and for working capital and general corporate purposes. Proceeds from the

Offering are expected to be sufficient to fund operations through the Company's initial Chronic Lymphocytic Leukemia (CLL) data in 5-10

patients in December 2026. The Offering is expected to close on or about October 19, 2026 (the “Closing Date”),

subject to market conditions and the satisfaction of customary closing conditions.

A.G.P./Alliance Global Partners acted as the lead placement

agent and Laidlaw & Company (UK) Ltd. (together, the “Placement Agents”) acted as co-placement agent in connection

with the Offering.

The Purchase Agreement contains customary

representations, warranties, covenants and agreements by the Company, customary conditions to closing, indemnification obligations, other

obligations of the parties and termination provisions. The representations, warranties and covenants contained in the Purchase Agreement

were made only for purposes of such agreement and as of specific dates, were solely for the benefit of the parties to such agreement and

may be subject to limitations agreed upon by the contracting parties.

The foregoing description of the Purchase

Agreement does not purport to be complete and is qualified in its entirety by reference to the full text of such Purchase Agreement, a

copy of which is filed herewith as Exhibit 10.1 to this Current Report on Form 8-K and is incorporated herein by reference.

Common Warrants and Pre-Funded Warrants

The Common Warrants will be exercisable

six months following their issuance and will terminate on April 19, 2032.

Under the terms of the Common Warrants,

the Company may not effect the exercise of any Common Warrant, and the Purchasers will not have the right to exercise any portion of any

Common Warrant if, upon giving effect to such exercise, the aggregate number of shares of Common Stock beneficially owned by the Purchaser

(together with its affiliates) would exceed 4.99% or 9.99%, as elected by the Purchaser at the date of issuance, of the number of shares

of the Company’s Common Stock outstanding immediately after giving effect to the exercise, as such percentage ownership is determined

in accordance with the terms of such warrant, which percentage may be increased at the Purchaser’s election upon 61 days’

notice to the Company subject to the terms of such warrants, provided that such percentage may in no event exceed 19.99%,. To the extent

that specified beneficial ownership limitations described above restrict the exercise of the Common Warrants, a Purchaser may choose,

in lieu of receiving Common Stock upon exercise of such Warrants, to receive a Pre-Funded Warrant to purchase an identical number of shares

of Common Stock it would have received upon the exercise of its Common Warrant, except that the applicable exercise price of the applicable

Common Warrant will instead be the exercise price less $0.01 per share, and the resulting issued Pre-Funded Warrant will have an exercise

price of $0.01 per share. Each Pre-Funded Warrant will be exercisable immediately upon issuance and continuing through and including the

date the Pre-Funded Warrant is exercised in full.

In certain circumstances, upon a fundamental

transaction (as described in the Common Warrants and Pre-Funded Warrants, as applicable) and generally including any reclassification,

reorganization or recapitalization of the Common Stock, the sale, lease, license, assignment, conveyance, transfer or other disposition

of all or substantially all of the Company’s assets, the Company’s consolidation or merger with or into another person in

which the Company is not the surviving entity, the acquisition of more than 67% of the Company’s outstanding Common Stock, or any

person or group becoming the beneficial owner of 67% of the voting power of the Company’s outstanding Common Stock and in connection

with such transaction the Common Stock is converted into or exchanged for other securities, cash or property), the holders of Common Warrants

(and any Pre-Funded Warrants) will be entitled to receive upon exercise of such warrants the kind and amount of securities, cash or other

property that the holders would have received had they exercised the warrants immediately prior to such fundamental transaction.

Notwithstanding anything to the contrary,

upon certain fundamental transactions, the holders of the Common Warrants will have the right to require the Company or a successor entity

to repurchase such Common Warrants at their value determined using a Black Scholes option pricing formula; provided that if (i) the

fundamental transaction is not approved by the Board of Directors of the Company, and therefore not within the Company’s control,

or (ii) the alternate consideration payable to holders of Common Stock in such fundamental transaction consists of equity securities

of the successor or acquirer that are quoted or listed on a nationally recognized securities exchange, then the holder of such warrants

will only be entitled to receive from the Company or the successor entity the same type or form of consideration (and in the same proportion),

determined based on the value of such warrant using a Black Scholes option pricing formula, that is being offered and paid to the holders

of Common Stock in connection with the fundamental transaction.

The foregoing descriptions of the Pre-Funded

Warrant and Common Warrant do not purport to be complete and are qualified in their entirety by reference to the full text of the Form of

Pre-Funded Warrant and the Form of Common Warrant, copies of which are filed herewith as Exhibit 4.1 and Exhibit 4.2, respectively,

to this Current Report on Form 8-K and are incorporated herein by reference.

Registration Rights Agreement

On October 16, 2026, the Company

entered into a registration rights agreement (the “Registration Rights Agreement”) with the Purchasers, pursuant to which

the Company agreed to register for resale the Shares and the shares of Common Stock issuable upon exercise of the Pre-Funded Warrants

and Common Warrants (the “Warrant Shares", and together with the Shares, the “Registrable Securities”). Under the

Registration Rights Agreement, the Company has agreed to file a registration statement covering the resale by the Purchasers of their

Registrable Securities no later than 30 days following the Closing Date (the “Filing Deadline”). The Company has agreed to

use commercially reasonable efforts to cause such registration statement to be declared effective as soon as practicable and to keep such

registration statement effective until the earlier of the date that all Registrable Securities covered by such registration statement

have been sold or can be sold without restriction pursuant to Rule 144 and without the requirement to be in compliance with Rule 144(c)(1) (or

any successor thereof) promulgated under the Securities Act of 1933, as amended (the “Securities Act”). The Company has agreed

to be responsible for all fees and expenses incurred in connection with the registration of the Registrable Securities.

In the event (i) the registration

statement has not been filed by the Filing Deadline, (ii) the registration statement is not declared effective prior to the earliest

of (a) five business days after the date on which the Company is notified by the Securities and Exchange Commission (the “SEC”)

that the registration statement will not be reviewed by the SEC staff or is not subject to further comment by the SEC staff, (b) the

90th day following the closing of the Offering, if the SEC staff determines not to review the registration statement, or (c) the

120th day following the closing of the Offering, if the SEC staff determines to review the registration statement, or (iii) after

the registration statement has been declared effective by the SEC, sales cannot be made pursuant to the registration statement for any

reason, subject to certain limited exceptions, then the Company has agreed to make pro rata payments to each Purchaser as liquidated damages

in an amount equal to 1.0% of the aggregate amount invested by each such Purchaser in the Registrable Securities per 30-day period or

pro rata for any portion thereof for each such 30-day period during which such event continues, subject to certain caps set forth in the

Registration Rights Agreement.

The Company has granted the Purchasers

customary indemnification rights under the Registration Rights Agreement. The Purchasers have also granted the Company customary indemnification

rights under the Registration Rights Agreement. The representations, warranties and covenants contained in the Registration Rights Agreement

were made only for purposes of such agreement and as of specific dates, were solely for the benefit of the parties to such agreement and

may be subject to limitations agreed upon by the contracting parties.

The foregoing description of the Registration

Rights Agreement does not purport to be complete and is qualified in its entirety by reference to the full text of such Registration Rights

Agreement, a copy of which is filed herewith as Exhibit 10.2 to this Current Report on Form 8-K and is incorporated herein by

reference.

Amendment to January 2026 Warrants and August 2026

Warrants

The Company also has agreed that certain

existing Series A Common Stock Purchase Warrants (the “Series A Warrants”) and Series C Common Stock Purchase

Warrants (together with the Series A Warrants, the “January Warrants”) to purchase up to 1,126,676 shares of Common

Stock issued by the Company on January 8, 2026 and all of the Common Stock Purchase Warrants to purchase up to 3,733,334 shares of

Common Stock issued by the Company on August 13, 2026 (the “August Warrants”) will be amended such that the January Warrants

and August Warrants will have a reduced exercise price of $0.60 per share.

The foregoing description of the amendments

to the January Warrants and August Warrants does not purport to be complete and is qualified in its entirety by reference to

the full text of such amendments, copies of which is filed herewith as Exhibits 4.3 and 4.4 to this Current Report on Form 8-K and

are incorporated herein by reference.

Placement Agency Agreement

Pursuant to a Placement Agency Agreement

entered into by and among the Company and the Placement Agents on October 16, 2026 (the “Placement Agency Agreement”),

the Company has agreed to pay to the Placement Agents collectively a cash fee of 6.5% of gross proceeds from the total amount of securities

sold, as well as reimburse the placement agents’ reasonable and documented out-of-pocket legal expenses incurred in connection with

the Offering in an aggregate amount not to exceed $85,000 and up to $10,000 in non-accountable expenses.

The foregoing description of the Placement

Agency Agreement does not purport to be complete and is qualified in its entirety by reference to the full text of such Placement Agency

Agreement, a copy of which is filed herewith as Exhibit 10.3 to this Current Report on Form 8-K and is incorporated herein by

reference.

Item 3.02. Unregistered Sales of Equity Securities.

The information contained above in Item 1.01 related to the

Offering is hereby incorporated by reference into this Item 3.02. Based in part upon the representations of the Purchasers in the Purchase

Agreement, the offering and sale in the Offering of shares of Common Stock, Pre-Funded Warrants and Common Warrants (collectively, the

“PIPE Securities”) is being conducted pursuant to an exemption from registration under Section 4(a)(2) of the Securities

Act. The PIPE Securities have not been registered under the Securities Act or any state securities laws, and the PIPE Securities may not

be offered or sold in the United States absent registration with the SEC or an applicable exemption from the registration requirements.

The Offering will not involve a public offering and will be made without general solicitation or general advertising. The Purchasers represented

that they are institutional “accredited investors” as defined in Rule 501(a)(1), (2), (3), (7), (8) or (9) under

the Securities Act or “qualified institutional buyers” within the meaning of Rule 144A under the Securities Act, and

that they are acquiring the PIPE Securities for investment purposes only and not with a view to any resale, distribution or other disposition

of the PIPE Securities in violation of the United States federal securities laws.

Cautionary Note Regarding Forward-Looking Statements

This Current Report on Form 8-K contains forward-looking

statements within the meaning of the U.S. Private Securities Litigation Reform Act of 1995, including, without limitation, any statements

with respect to the Offering, the Company’s expectations regarding its cash runway, the expected closing of the Offering and expected

use of proceeds; any statements relating to the Company’s ongoing trials and programs; and statements of assumptions underlying

any of the foregoing. Forward-looking statements may contain the words "believes," "expects," "anticipates,"

"plans," "intends," "seeks," "estimates," "assumes," "predicts," "projects,"

"targets," "will," "may," "would," "could," "should," "continue,"

"potential," "focus," "strategy," "mission," or similar expressions. Actual results may differ

materially from those indicated by such forward-looking statements. Factors that may cause such a difference include, without limitation,

risks and uncertainties related to market and other conditions, the satisfaction of customary closing conditions related to the Offering

and the impact of general economic, industry or political conditions in the United States or internationally. There can be no assurance

that the Company will be able to complete the Offering on the anticipated terms, or at all. You should not place undue reliance on these

forward-looking statements. Additional risks and uncertainties relating to the Offering, the Company and its business can be found under

the caption “Risk Factors” included in the Company’s Annual Report on Form 10-K for the year ended December 31,

2025, and in other filings that the Company periodically makes with the SEC. In addition, any forward-looking statements represent the

views of the Company only as of today and should not be relied upon as representing the Company’s views as of any subsequent date.

The Company disclaims any intention or obligation to update any of the forward-looking statements after the date of this Current Report

on Form 8-K whether as a result of new information, future events or otherwise, except as may be required by law.

Item 9.01. Financial Statements and Exhibits.

Exhibit Number

Description

4.1

Form of Pre-Funded Warrant

4.2

Form of Common Warrant

4.3

Form of Warrant Amendment

4.4

Form of August Warrant Notice and Consent

10.1

Securities Purchase Agreement, dated

October 16, 2026 by and among the Company and the Purchasers named therein

10.2

Registration Rights Agreement, dated

October 16, 2026, by and among the Company and the Purchasers named therein

10.3

Placement Agency Agreement, dated

October 16, 2026, by and among the Company and the Placement Agents

104

Cover Page Interactive Data File (embedded within the InLine

XBRL document)

SIGNATURE

Pursuant to the requirements of the Securities Exchange Act

of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

Curis, Inc.

Date:

October 19, 2026

By:

/s/ Diantha Duvall

Diantha Duvall

Chief Financial Officer

EX-4.1 — EXHIBIT 4.1

EX-4.1

Filename: tm2627615d1_ex4-1.htm · Sequence: 2

Exhibit 4.1

NEITHER THIS SECURITY NOR THE SECURITIES FOR WHICH

THIS SECURITY IS EXERCISABLE HAVE BEEN REGISTERED WITH THE SECURITIES AND EXCHANGE COMMISSION OR THE SECURITIES COMMISSION OF ANY STATE

IN RELIANCE UPON AN EXEMPTION FROM REGISTRATION UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), AND,

ACCORDINGLY, MAY NOT BE OFFERED OR SOLD EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT OR PURSUANT

TO AN AVAILABLE EXEMPTION FROM, OR IN A TRANSACTION NOT SUBJECT TO, THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT AND IN ACCORDANCE

WITH APPLICABLE STATE SECURITIES LAWS. THIS SECURITY AND THE SECURITIES ISSUABLE UPON EXERCISE OF THIS SECURITY MAY BE PLEDGED IN

CONNECTION WITH A BONA FIDE MARGIN ACCOUNT OR OTHER LOAN SECURED BY SUCH SECURITIES.

PRE-FUNDED COMMON STOCK PURCHASE WARRANT

CURIS, INC.

Warrant Shares: [●]

Initial Exercise Date: October 19, 2026

Issue Date: October 19, 2026

THIS PRE-FUNDED 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 date hereof (the “Initial Exercise Date”) and through and including the date this Warrant is exercised in full

(the “Termination Date”) but not thereafter, to subscribe for and purchase from Curis, Inc., a Delaware corporation

(the “Company”), up to [●] shares (as subject to adjustment hereunder, the “Warrant Shares”)

of common stock, par value $0.01 per share, of the Company (“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) herein.

Section 1.               Definitions.

Capitalized terms used and not otherwise defined herein shall have the meanings set forth in that certain Securities Purchase Agreement

(the “Purchase Agreement”), dated October 16, 2026, among the Company and the purchasers signatory thereto.

Section 2.               Exercise.

a)             Exercise

of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on

or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company of a duly executed facsimile copy

or PDF copy submitted by e-mail (or e-mail attachment) of the Notice of Exercise in the form annexed hereto, and delivered in accordance

with the notice requirements set forth in Section 5(h) (the “Notice of Exercise”). Within the number of Trading

Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid,

the Holder shall deliver the aggregate Exercise Price (as defined below) for the Warrant Shares specified in the applicable Notice of

Exercise by wire transfer or cashier’s check drawn on a United States bank unless the cashless exercise procedure specified in Section 2(c) below

is applicable and specified in the applicable Notice of Exercise. No ink-original Notice of Exercise shall be required, nor shall any

medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise be required. Notwithstanding anything herein

to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all

of the Warrant Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant

to the Company for cancellation within three (3) Trading Days of the date on which the final Notice of Exercise is delivered to the

Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant Shares available hereunder

shall have the effect of lowering the outstanding number of Warrant Shares purchasable hereunder in an amount equal to the applicable

number of Warrant Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant Shares purchased and

the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within two (2) Trading Days of receipt

of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions

of this paragraph, following the purchase of a portion of the Warrant Shares hereunder, the number of Warrant Shares available for purchase

hereunder at any given time may be less than the amount stated on the face hereof.

1

b)             Exercise

Price. The aggregate exercise price of this Warrant, except for a nominal exercise price of $0.01 per Warrant Share, was pre-funded

to the Company on or prior to the Initial Exercise Date and, consequently, no additional consideration (other than the nominal exercise

price of $0.01 per Warrant Share) shall be required to be paid by the Holder to any Person to effect any exercise of this Warrant. The

Holder shall not be entitled to the return or refund of all, or any portion, of such pre-paid aggregate exercise price under any circumstance

or for any reason whatsoever. The remaining unpaid exercise price per share of Common Stock under this Warrant shall be $0.01, subject

to adjustment hereunder (the “Exercise Price”).

c)             Cashless

Exercise. If at the time of exercise hereof in accordance with the terms hereof there is no effective registration statement registering,

or the prospectus contained therein is not available for the resale of the Warrant Shares by the Holder, then this Warrant may also be

exercised, in whole or in part, at such time by means of a “cashless exercise” in which the Holder shall be entitled to receive

a number of Warrant Shares equal to the quotient obtained by dividing [(A-B) (X)] by (A), where:

(A) =

as applicable: (i) the VWAP on the Trading Day immediately preceding the date of the applicable Notice of Exercise if such Notice

of Exercise is (1) both executed and delivered pursuant to Section 2(a) hereof on a day that is not a Trading Day or (2) both

executed and delivered pursuant to Section 2(a) hereof on a Trading Day prior to the opening of “regular trading hours”

(as defined in Rule 600(b)(68) of Regulation NMS promulgated under the federal securities laws) on such Trading Day, (ii) at

the option of the Holder, either (y) the VWAP on the Trading Day immediately preceding the date of the applicable Notice of Exercise

or (z) the Bid Price of the Common Stock on the principal Trading Market as reported by Bloomberg L.P. as of the time of the Holder’s

execution of the applicable Notice of Exercise if such Notice of Exercise is executed during “regular trading hours” on a

Trading Day and is delivered within two (2) hours thereafter (including until two (2) hours after the close of “regular

trading hours” on a Trading Day) pursuant to Section 2(a) hereof or (iii) the VWAP on the date of the applicable

Notice of Exercise if the date of such Notice of Exercise is a Trading Day and such Notice of Exercise is both executed and delivered

pursuant to Section 2(a) hereof after the close of “regular trading hours” on such Trading Day;

2

(B) =

the Exercise Price of this Warrant, as adjusted hereunder; and

(X) =

the number of Warrant Shares that would be issuable upon exercise of this Warrant in accordance with the terms of this Warrant if such

exercise were by means of a cash exercise rather than a cashless exercise.

If Warrant Shares

are issued in such a cashless exercise, the parties acknowledge and agree that in accordance with Section 3(a)(9) of the Securities

Act, the Warrant Shares shall take on the characteristics of the Warrants being exercised, and for purposes of Rule 144, the holding

period of the Warrant Shares being issued may be tacked on to the holding period of this Warrant (provided, in each case, that the Commission

continues to take the position that such treatment is proper at the time of such exercise). The Company agrees not to take any position

contrary to this Section 2(c), except to the extent required by applicable law, rule or regulation.

“Bid Price”

means, for any date, the price determined by the first of the following clauses that applies: (a) if the Common Stock is then listed

or quoted on a Trading Market, the bid price of the Common Stock for the time in question (or the nearest preceding date) on the Trading

Market on which the Common Stock is then listed or quoted as reported by Bloomberg L.P. (based on a Trading Day from 9:30 a.m. (New

York City time) to 4:02 p.m. (New York City time)), (b) if OTCQB or OTCQX is not a Trading Market, the volume weighted average

price of the Common Stock for such date (or the nearest preceding date) on OTCQB or OTCQX as applicable, (c) if the Common Stock

is not then listed or quoted for trading on OTCQB or OTCQX and if prices for the Common Stock are then reported on The Pink Open Market

(or a similar organization or agency succeeding to its functions of reporting prices), the most recent bid price per share of the Common

Stock so reported, or (d) in all other cases, the fair market value of a share of Common Stock as determined in good faith by the

Board of Directors of the Company.

3

“VWAP”

means, for any date, the price determined by the first of the following clauses that applies: (a) if the Common Stock is then listed

or quoted on a Trading Market, the daily volume weighted average price of the Common Stock for such date (or the nearest preceding date)

on the Trading Market on which the Common Stock is then listed or quoted as reported by Bloomberg L.P. (based on a Trading Day from 9:30

a.m. (New York City time) to 4:02 p.m. (New York City time)), (b) if OTCQB or OTCQX is not a Trading Market, the volume

weighted average price of the Common Stock for such date (or the nearest preceding date) on OTCQB or OTCQX as applicable, (c) if

the Common Stock is not then listed or quoted for trading on OTCQB or OTCQX and if prices for the Common Stock are then reported on The

Pink Open Market (or a similar organization or agency succeeding to its functions of reporting prices), the most recent bid price per

share of the Common Stock so reported, or (d) in all other cases, the fair market value of a share of Common Stock as determined

in good faith by the Board of Directors of the Company.

d)             Mechanics

of Exercise.

i. Delivery of Warrant Shares Upon Exercise. The Company shall cause the Warrant Shares purchased

hereunder to be transmitted by the Transfer Agent to the Holder by crediting the account of the Holder’s or its designee’s

balance account with The Depository Trust Company through its Deposit or Withdrawal at Custodian system (“DWAC”) if

the Company is then a participant in such system and either (A) there is an effective registration statement covering the resale

of the Warrant Shares by the Holder or (B) in the case of a cashless exercise of the Warrant, the Warrant Shares are eligible for

resale by the Holder without volume or manner-of-sale limitations pursuant to Rule 144, and in each case, at the request of the Holder,

in electronic book entry form to the account of the Holder or by physical delivery of a certificate, registered in the Company’s

share register in the name of the Holder or its designee, for the number of Warrant Shares to which the Holder is entitled pursuant to

such exercise to the address specified by the Holder in the Notice of Exercise by the date that is the number of Trading Days comprising

the Standard Settlement Period subject to the delivery to the Company of the Notice of Exercise and at the time of delivery of the aggregate

Exercise Price to the Company (other than in the case of a cashless exercise) (such date, the “Warrant Share Delivery Date”).

Upon delivery of the Notice of Exercise, the Holder shall be deemed for all corporate purposes to have become the holder of record of

the Warrant Shares with respect to which this Warrant has been exercised, irrespective of the date of delivery of the Warrant Shares,

provided that payment of the aggregate Exercise Price (other than in the case of a cashless exercise) is received by the Warrant Share

Delivery Date. As used herein, “Standard Settlement Period” means the standard settlement period, expressed in a number

of Trading Days, on the Company’s primary Trading Market with respect to the Common Stock as in effect on the date of delivery of

the Notice of Exercise.

ii.             Delivery

of New Warrants Upon Exercise. If this Warrant shall have been exercised in part, the Company shall, at the request of a Holder and

upon surrender of this Warrant, at the time of delivery of the Warrant Shares, deliver to the Holder a new Warrant evidencing the rights

of the Holder to purchase the unpurchased Warrant Shares called for by this Warrant, which new Warrant shall in all other respects be

identical with this Warrant.

4

iii.             Rescission

Rights. If the Company fails to cause the Transfer Agent to transmit to the Holder the Warrant Shares pursuant to Section 2(d)(i) by

the Warrant Share Delivery Date (subject to receipt of the aggregate exercise price for the applicable exercise (other than in the case

of a cashless exercise)), then the Holder will have the right to rescind such exercise.

iv.             Compensation

for Buy-In on Failure to Timely Deliver Warrant Shares Upon Exercise. In addition to any other rights available to the Holder, if

the Company fails to cause the Transfer Agent to transmit to the Holder the Warrant Shares in accordance with the provisions of Section 2(d)(i) above

pursuant to an exercise on or before the Warrant Share Delivery Date (other than a failure caused by incorrect or incomplete information

provided by the Holder to the Company and subject to receipt of the aggregate exercise price for the applicable exercise (other than in

the case of a cashless exercise)), and if after such date the Holder is required by its broker to purchase (in an open market transaction

or otherwise) or the Holder’s brokerage firm otherwise purchases, shares of Common Stock to deliver in satisfaction of a sale by

the Holder of the Warrant Shares which the Holder anticipated receiving upon such exercise (a “Buy-In”), then the Company

shall (A) pay in cash to the Holder the amount, if any, by which (x) the Holder’s total purchase price (including brokerage

commissions, if any) for the shares of Common Stock so purchased exceeds (y) the amount obtained by multiplying (1) the number

of Warrant Shares that the Company was required to deliver, but did not timely deliver, to the Holder in connection with the exercise

at issue times (2) the price at which the sell order giving rise to such purchase obligation was executed, and (B) at the option

of the Holder, either reinstate the portion of the Warrant and equivalent number of Warrant Shares for which such exercise was not honored

(in which case such exercise shall be deemed rescinded) or deliver to the Holder the number of shares of Common Stock that would have

been issued had the Company timely complied with its exercise and delivery obligations hereunder. For example, if the Holder purchases

Common Stock having a total purchase price of $11,000 to cover a Buy-In with respect to an attempted exercise of Warrants with an aggregate

sale price giving rise to such purchase obligation of $10,000, under clause (A) of the immediately preceding sentence the Company

shall be required to pay the Holder $1,000. The Holder shall provide the Company written notice within two (2) Trading Days after

the occurrence of a Buy-In indicating the amounts payable to the Holder in respect of the Buy-In and, upon request of the Company, evidence

of the amount of such loss. Nothing herein shall limit a Holder’s right to pursue any other remedies available to it hereunder,

at law or in equity including, without limitation, a decree of specific performance and/or injunctive relief with respect to the Company’s

failure to timely deliver shares of Common Stock upon exercise of the Warrant as required pursuant to the terms hereof.

5

v.             No

Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this

Warrant. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such exercise, the Company shall,

at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the

Exercise Price or round up to the next whole share.

vi.             Charges,

Taxes and Expenses. Issuance of Warrant Shares shall be made without charge to the Holder for any issue or transfer tax or other incidental

expense in respect of the issuance of such Warrant Shares, all of which taxes and expenses shall be paid by the Company, and such Warrant

Shares shall be issued in the name of the Holder or in such name or names as may be directed by the Holder; provided, however,

that, in the event that Warrant Shares are to be issued in a name other than the name of the Holder, this Warrant when surrendered for

exercise shall be accompanied by the Assignment Form attached hereto duly executed by the Holder or its agent or attorney and the

Company may require, as a condition thereto, the payment of a sum sufficient to reimburse it for any transfer tax incidental thereto.

The Company shall, to the extent applicable, pay all Transfer Agent fees required for processing of any Notice of Exercise and all fees

to the Depository Trust Company (or another established clearing corporation performing similar functions) required for electronic delivery

of the Warrant Shares.

vii.            Closing

of Books. The Company will not close its stockholder books or records in any manner which prevents the timely exercise of this Warrant,

pursuant to the terms hereof.

6

e)             Holder’s

Exercise Limitations. The Company shall not effect any exercise of this Warrant, and a Holder shall not have the right to exercise

any portion of this Warrant, pursuant to Section 2 or otherwise, to the extent that after giving effect to such issuance after exercise

as set forth on the applicable Notice of Exercise, the Holder (together with the Holder’s Affiliates, and any other Persons acting

as a group together with the Holder or any of the Holder’s Affiliates (such Persons, “Attribution Parties”)),

would beneficially own in excess of the Beneficial Ownership Limitation (as defined below).  For purposes of the foregoing sentence,

the number of shares of Common Stock beneficially owned by the Holder and its Affiliates and Attribution Parties shall include the number

of shares of Common Stock issuable upon exercise of this Warrant with respect to which such determination is being made, but shall exclude

the number of shares of Common Stock which would be issuable upon (i) exercise of the remaining, nonexercised portion of this Warrant

beneficially owned by the Holder or any of its Affiliates or Attribution Parties and (ii) exercise or conversion of the unexercised

or nonconverted portion of any other securities of the Company (including, without limitation, any other Common Stock Equivalents) subject

to a limitation on conversion or exercise analogous to the limitation contained herein beneficially owned by the Holder or any of its

Affiliates or Attribution Parties.  Except as set forth in the preceding sentence, for purposes of this Section 2(e), beneficial

ownership shall be calculated in accordance with Section 13(d) of the Exchange Act, it being acknowledged by the Holder that

the Company is not representing to the Holder that such calculation is in compliance with Section 13(d) of the Exchange Act

and the Holder is solely responsible for any schedules required to be filed in accordance therewith. To the extent that the limitation

contained in this Section 2(e) applies, the determination of whether this Warrant is exercisable (in relation to other securities

owned by the Holder together with any Affiliates and Attribution Parties) and of which portion of this Warrant is exercisable shall be

in the sole discretion of the Holder, and the submission of a Notice of Exercise shall be deemed to be the Holder’s determination

of whether this Warrant is exercisable (in relation to other securities owned by the Holder together with any Affiliates and Attribution

Parties) and of which portion of this Warrant is exercisable, in each case subject to the Beneficial Ownership Limitation, and the Company

shall have no obligation to verify or confirm the accuracy of such determination. In addition, a determination as to any group status

as contemplated above shall be determined in accordance with Section 13(d) of the Exchange Act and the rules and regulations

promulgated thereunder. For purposes of this Section 2(e), in determining the number of outstanding shares of Common Stock, a Holder

may rely on the number of outstanding shares of Common Stock as reflected in (A) the Company’s most recent periodic or annual

report filed with the Commission, as the case may be, (B) a more recent public announcement by the Company or (C) a more recent

written notice from the Company or the Transfer Agent to the Holder setting forth the number of shares of Common Stock outstanding.

Upon the written request of a Holder, the Company shall within two (2) Trading Days confirm in writing to the Holder the number of

shares of Common Stock then outstanding.  In any case, the number of outstanding shares of Common Stock shall be determined after

giving effect to the conversion or exercise of securities of the Company, including this Warrant, by the Holder or its Affiliates or Attribution

Parties since the date as of which such number of outstanding shares of Common Stock was reported. The “Beneficial Ownership

Limitation” shall be 9.99% of the number of shares of the Common Stock outstanding immediately after giving effect to the issuance

of shares of Common Stock issuable upon exercise of this Warrant. The Holder, upon written notice to the Company, may increase or decrease

the Beneficial Ownership Limitation provisions of this Section 2(e), provided that the Beneficial Ownership Limitation in no event

exceeds 19.99% of the number of shares of the Common Stock outstanding immediately after giving effect to the issuance of shares of Common

Stock upon exercise of this Warrant held by the Holder and the provisions of this Section 2(e) shall continue to apply. Any

increase in the Beneficial Ownership Limitation will not be effective until the 61st day after such notice is delivered to

the Company. The provisions of this paragraph shall be construed and implemented in a manner otherwise than in strict conformity with

the terms of this Section 2(e) to correct this paragraph (or any portion hereof) which may be defective or inconsistent with

the intended Beneficial Ownership Limitation herein contained or to make changes or supplements necessary or desirable to properly give

effect to such limitation. The limitations contained in this paragraph shall apply to a successor holder of this Warrant.

7

Notwithstanding anything to the contrary

contained herein, the Company shall not effect any exercise of this Warrant, and the Holder shall not be entitled to exercise this Warrant

for a number of Warrant Shares in excess of that number of Warrant Shares which, upon giving effect to such exercise, would cause (i) the

aggregate number of shares of Common Stock beneficially owned by the Holder and its Affiliates and any other Persons whose beneficial

ownership of Common Stock would be aggregated with the Holder’s for purposes of Section 13(d) of the Exchange Act and

the rules and regulations promulgated thereunder, including any “group” of which the Holder is a member, to exceed 19.99%

of the total number of issued and outstanding shares of Common Stock of the Company following such exercise, or (ii) the combined

voting power of the securities of the Company beneficially owned by the Holder and its Affiliates and any other Persons whose beneficial

ownership of Common Stock would be aggregated with the Holder’s for purposes of Section 13(d) of the Exchange Act to exceed

19.99% of the combined voting power of all of the securities of the Company then outstanding following such exercise. For purposes of

this Section 2(e), the aggregate number of shares of Common Stock or voting securities beneficially owned by the Holder and its Affiliates

and any other Persons whose beneficial ownership of Common Stock would be aggregated with the Holder’s for purposes of Section 13(d) of

the Exchange Act shall include the shares of Common Stock issuable upon the exercise of this Warrant with respect to which such determination

is being made, but shall exclude the number of shares of Common Stock which would be issuable upon (x) exercise of the remaining

unexercised and non-cancelled portion of this Warrant by the Holder and (y) exercise or conversion of the unexercised, non-converted

or non-cancelled portion of any other securities of the Company that do not have voting power (including without limitation any securities

of the Company which would entitle the holder thereof to acquire at any time Common Stock, including without limitation any debt, preferred

stock, right, option, warrant or other instrument that is at any time convertible into or exercisable or exchangeable for, or otherwise

entitles the holder thereof to receive, Common Stock), are subject to a limitation on conversion or exercise analogous to the limitation

contained herein and are beneficially owned by the Holder or any of its Affiliates and other Persons whose beneficial ownership of Common

Stock would be aggregated with the Holder’s for purposes of Section 13(d) of the Exchange Act.

Section 3.               Certain

Adjustments.

a)             Stock

Dividends and Splits. If the Company, at any time while this Warrant is outstanding: (i) pays a stock dividend or otherwise makes

a distribution or distributions on shares of its Common Stock or any other equity or equity equivalent securities payable in shares of

Common Stock (which, for avoidance of doubt, shall not include any shares of Common Stock issued by the Company upon exercise of this

Warrant), (ii) subdivides outstanding shares of Common Stock into a larger number of shares, (iii) combines (including by way

of reverse stock split) outstanding shares of Common Stock into a smaller number of shares of Common Stock, or (iv) issues by reclassification

of shares of the Common Stock any shares of capital stock of the Company, then in each case the Exercise Price shall be multiplied by

a fraction of which the numerator shall be the number of shares of Common Stock (excluding treasury shares, if any) outstanding immediately

before such event and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event,

and the number of shares issuable upon exercise of this Warrant shall be proportionately adjusted such that the aggregate Exercise Price

of this Warrant shall remain unchanged. Any adjustment made pursuant to this Section 3(a) shall become effective immediately

after the record date for the determination of stockholders entitled to receive such dividend or distribution and shall become effective

immediately after the effective date in the case of a subdivision, combination or re-classification.

8

b)             Subsequent

Rights Offerings. In addition to (but without duplication of) any adjustments pursuant to Section 3(a) above, if at any

time the Company grants, issues or sells any Common Stock Equivalents or rights to purchase stock, warrants, securities or other property

pro rata to the record holders of any class of shares of Common Stock (the “Purchase Rights”), then the Holder will be entitled

to acquire, upon the terms applicable to such Purchase Rights, the aggregate Purchase Rights which the Holder could have acquired if the

Holder had held the number of shares of Common Stock acquirable upon complete exercise of this Warrant (without regard to any limitations

on exercise hereof, including without limitation, the Beneficial Ownership Limitation) immediately before the date on which a record is

taken for the grant, issuance or sale of such Purchase Rights, or, if no such record is taken, the date as of which the record holders

of shares of Common Stock are to be determined for the grant, issue or sale of such Purchase Rights (provided, however, that, to the extent

that the Holder’s right to participate in any such Purchase Right would result in the Holder exceeding the Beneficial Ownership

Limitation, then the Holder shall not be entitled to participate in such Purchase Right to such extent (or beneficial ownership of such

shares of Common Stock as a result of such Purchase Right to such extent) and such Purchase Right to such extent shall be held in abeyance

for the Holder until such time, if ever, as its right thereto would not result in the Holder exceeding the Beneficial Ownership Limitation).

c)             Pro

Rata Distributions. During such time as this Warrant is outstanding, if the Company shall declare or make any dividend or other distribution

of its assets (or rights to acquire its assets) to holders of shares of Common Stock, by way of return of capital or otherwise (including,

without limitation, any distribution of cash, stock or other securities, property or options by way of a dividend, spin off, reclassification,

corporate rearrangement, scheme of arrangement or other similar transaction) (a “Distribution”), at any time after

the issuance of this Warrant, then, in each such case, the Holder shall be entitled to participate in such Distribution to the same extent

that the Holder would have participated therein if the Holder had held the number of shares of Common Stock acquirable upon complete exercise

of this Warrant (without regard to any limitations on exercise hereof, including without limitation, the Beneficial Ownership Limitation)

immediately before the date of which a record is taken for such Distribution, or, if no such record is taken, the date as of which the

record holders of shares of Common Stock are to be determined for the participation in such Distribution; provided, however,

that, to the extent that the Holder’s right to participate in any such Distribution would result in the Holder exceeding the Beneficial

Ownership Limitation, then the Holder shall not be entitled to participate in such Distribution to such extent (or in the beneficial ownership

of any shares of Common Stock as a result of such Distribution to such extent) and the portion of such Distribution shall be held in abeyance

for the benefit of the Holder until such time, if ever, as its right thereto would not result in the Holder exceeding the Beneficial Ownership

Limitation.

9

d)             Fundamental

Transaction. If, at any time while this Warrant is outstanding, (i) the Company, directly or indirectly, in one or more related

transactions effects any merger or consolidation of the Company with or into another Person and the Company is not the surviving entity

(other than reincorporation in a different state or a similar transaction pursuant to which the surviving company remains a public company),

(ii) the Company (and all of its subsidiaries, taken as a whole), directly or indirectly, effects any sale, lease, license, assignment,

transfer, conveyance or other disposition of all or substantially all of the Company’s (including its subsidiaries, taken as a whole)

assets in one or a series of related transactions, (iii) any, direct or indirect, purchase offer, tender offer or exchange offer

(whether by the Company or another Person) is completed pursuant to which holders of Common Stock are permitted to sell, tender or exchange

their shares for other securities, cash or property and has been accepted by the holders of more than 67% of the voting power of the capital

stock of the Company, (iv) the Company, directly or indirectly, in one or more related transactions effects any reclassification,

reorganization or recapitalization of the Common Stock or any compulsory share exchange pursuant to which the Common Stock is effectively

converted into or exchanged for other securities, cash or property, or (v) the Company, directly or indirectly, in one or more related

transactions consummates a stock or share purchase agreement or other business combination (including, without limitation, a reorganization,

recapitalization, spin-off, merger or scheme of arrangement) with another Person or group of Persons whereby such other Person or group

acquires more than 67% of the voting power of the capital stock of the Company and in connection with such transaction the Common Stock

is converted into or exchanged for other securities, cash or property (each, a “Fundamental Transaction”), then, upon

any subsequent exercise of this Warrant, the Holder shall have the right to receive, for each Warrant Share that would have been issuable

upon such exercise immediately prior to the occurrence of such Fundamental Transaction, at the option of the Holder (without regard to

any limitation in Section 2(d)(viii) on the exercise of this Warrant), the securities, cash and other property of the successor

or acquiring corporation (or ultimate parent thereof) or of the Company, if it is the surviving corporation, as applicable, (the “Alternate

Consideration”) receivable as a result of such Fundamental Transaction by a holder of the number of shares of Common Stock for

which this Warrant is exercisable immediately prior to such Fundamental Transaction (without regard to any limitation in Section 2(d)(viii) on

the exercise of this Warrant). For purposes of any such exercise, the determination of the Exercise Price shall be appropriately adjusted

to apply to such Alternate Consideration based on the amount of Alternate Consideration issuable in respect of one share of Common Stock

in such Fundamental Transaction, and the Company shall apportion the Exercise Price among the Alternate Consideration in a reasonable

manner reflecting the relative value of any different components of the Alternate Consideration. If holders of Common Stock are given

any choice as to the securities, cash or property to be received in a Fundamental Transaction, then the Holder shall be given the same

choice as to the Alternate Consideration it receives upon any exercise of this Warrant following such Fundamental Transaction. The Company

shall cause any successor entity in a Fundamental Transaction in which the Company is not the survivor (the “Successor Entity”)

to assume in writing all of the obligations of the Company under this Warrant in accordance with the provisions of this Section 3(d) and

shall, at the option of the Holder, deliver to the Holder in exchange for this Warrant a security of the Successor Entity evidenced by

a written instrument substantially similar in form and substance to this Warrant which is exercisable for the Alternate Consideration,

and with an exercise price which applies the exercise price hereunder to such Alternate Consideration (but taking into account the relative

value of the shares of Common Stock pursuant to such Fundamental Transaction and the value of such shares of capital stock, such number

of shares of capital stock and such exercise price being for the purpose of protecting the economic value of this Warrant immediately

prior to the consummation of such Fundamental Transaction). Upon the occurrence of any such Fundamental Transaction, the Successor Entity

shall succeed to, and be substituted for (so that from and after the date of such Fundamental Transaction, the provisions of this Warrant

referring to the “Company” shall refer instead to the Successor Entity), and may exercise every right and power of the Company

and shall assume all of the obligations of the Company under this Warrant with the same effect as if such Successor Entity had been named

as the Company herein.

e)             Calculations.

All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For

purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be

the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.

f)             Notice

to Holder.

i. Adjustment to Exercise Price. Whenever the Exercise Price is adjusted pursuant to any provision of this

Section 3, the Company shall promptly deliver to the Holder by facsimile or email a notice setting forth the Exercise Price after

such adjustment and any resulting adjustment to the number of Warrant Shares and setting forth a brief statement of the facts requiring

such adjustment.

10

ii. Notice to Allow Exercise by Holder. If (A) the Company shall declare a dividend (or any other distribution

in whatever form) on the Common Stock, (B) the Company shall declare a special nonrecurring cash dividend on or a redemption of the

Common Stock, (C) the Company shall authorize the granting to all holders of the Common Stock rights or warrants to subscribe for

or purchase any shares of capital stock of any class or of any rights, (D) the approval of any stockholders of the Company shall

be required in connection with any reclassification of the Common Stock, any consolidation or merger to which the Company (or any of its

Subsidiaries) is a party, any sale or transfer of all or substantially all of its assets, or any compulsory share exchange whereby the

Common Stock is converted into other securities, cash or property, or (E) the Company shall authorize the voluntary or involuntary

dissolution, liquidation or winding up of the affairs of the Company, then, in each case, the Company shall cause to be delivered by facsimile

or email to the Holder at its last facsimile number or email address as it shall appear upon the Warrant Register of the Company, at least

10 calendar days prior to the applicable record or effective date hereinafter specified, a notice stating (x) the date on which a

record is to be taken for the purpose of such dividend, distribution, redemption, rights or warrants, or if a record is not to be taken,

the date as of which the holders of the Common Stock of record to be entitled to such dividend, distributions, redemption, rights or warrants

are to be determined or (y) the date on which such reclassification, consolidation, merger, sale, transfer or share exchange is expected

to become effective or close, and the date as of which it is expected that holders of the Common Stock of record shall be entitled to

exchange their shares of the Common Stock for securities, cash or other property deliverable upon such reclassification, consolidation,

merger, sale, transfer or share exchange; provided that the failure to deliver such notice or any defect therein or in the delivery thereof

shall not affect the validity of the corporate action required to be specified in such notice. To the extent that any notice provided

in this Warrant constitutes, or contains, material, non-public information regarding the Company or any of the Subsidiaries, the Company

shall simultaneously file such notice with the Commission pursuant to a Current Report on Form 8-K. The Holder shall remain entitled

to exercise this Warrant during the period commencing on the date of such notice to the effective date of the event triggering such notice

except as may otherwise be expressly set forth herein.

Section 4.               Transfer

of Warrant.

a)             Transferability.

Subject to compliance with any applicable securities laws and the conditions set forth in Section 4(d) hereof and to the provisions

of Section 4.1 of the Purchase Agreement, this Warrant and all rights hereunder (including, without limitation, any registration

rights) are transferable, in whole or in part, upon surrender of this Warrant at the principal office of the Company or its designated

agent, together with a written assignment of this Warrant substantially in the form of the Assignment Form attached hereto duly executed

by the Holder or its agent or attorney and funds sufficient to pay any transfer taxes payable upon the making of such transfer. Upon such

surrender and, if required, such payment, the Company shall execute and deliver a new Warrant or Warrants in the name of the assignee

or assignees, as applicable, and in the denomination or denominations specified in such instrument of assignment, and shall issue to the

assignor a new Warrant evidencing the portion of this Warrant not so assigned, and this Warrant shall promptly be cancelled. Notwithstanding

anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company unless the Holder

has assigned this Warrant in full, in which case, the Holder shall surrender this Warrant to the Company within three (3) Trading

Days of the date on which the Holder delivers the Assignment Form attached hereto duly executed by the Holder or its agent or attorney

to the Company assigning this Warrant in full. The Warrant, if properly assigned in accordance herewith, may be exercised by a new holder

for the purchase of Warrant Shares without having a new Warrant issued.

11

b)             New

Warrants. This Warrant may be divided or combined with other Warrants upon presentation hereof at the aforesaid office of the Company,

together with a written notice specifying the names and denominations in which new Warrants are to be issued, signed by the Holder or

its agent or attorney. Subject to compliance with Section 4(a), as to any transfer which may be involved in such division or combination,

the Company shall execute and deliver a new Warrant or Warrants in exchange for the Warrant or Warrants to be divided or combined in accordance

with such notice. All Warrants issued on transfers or exchanges shall be dated the initial issuance date of this Warrant and shall be

identical with this Warrant except as to the number of Warrant Shares issuable pursuant thereto.

c)             Warrant

Register. The Company shall register this Warrant, upon records to be maintained by the Company for that purpose (the “Warrant

Register”), in the name of the record Holder hereof from time to time. The Company may deem and treat the registered Holder

of this Warrant as the absolute owner hereof for the purpose of any exercise hereof or any distribution to the Holder, and for all other

purposes, absent actual notice to the contrary.

d)             Transfer

Restrictions. If, at the time of the surrender of this Warrant in connection with any transfer of this Warrant, the transfer of this

Warrant shall not be either (i) registered pursuant to an effective registration statement under the Securities Act and under applicable

state securities or blue sky laws or (ii) eligible for resale without volume or manner-of-sale restrictions or current public information

requirements pursuant to Rule 144, the Company may require, as a condition of allowing such transfer, that the Holder or transferee

of this Warrant, as the case may be, comply with the provisions of Section 5.7 of the Purchase Agreement.

e)             Representation

by the Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise

hereof, will acquire the Warrant Shares issuable upon such exercise, for its own account and not with a view to or for distributing or

reselling such Warrant Shares or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant

to sales registered or exempted under the Securities Act.

Section 5.               Miscellaneous.

a)             No

Rights as Stockholder Until Exercise; No Settlement in Cash. This Warrant does not entitle the Holder to any voting rights, dividends

or other rights as a stockholder of the Company prior to the exercise hereof as set forth in Section 2(d)(i), except as expressly

set forth in Section 3. Without limiting any rights of a Holder to receive Warrant Shares on a “cashless exercise” pursuant

to Section 2(c) or to receive cash payments pursuant to Section 2(d)(iv) herein, in no event shall the Company be

required to net cash settle an exercise of this Warrant.

12

b)             Loss,

Theft, Destruction or Mutilation of Warrant. The Company covenants that upon receipt by the Company of evidence reasonably satisfactory

to it of the loss, theft, destruction or mutilation of this Warrant or any stock certificate relating to the Warrant Shares, and in case

of loss, theft or destruction, of indemnity or security reasonably satisfactory to it (which, in the case of the Warrant, shall not include

the posting of any bond), and upon surrender and cancellation of such Warrant or stock certificate, if mutilated, the Company will make

and deliver a new Warrant or stock certificate of like tenor and dated as of such cancellation, in lieu of such Warrant or stock certificate.

c)             Saturdays,

Sundays, Holidays, etc. If the last or appointed day for the taking of any action or the expiration of any right required or

granted herein shall not be a Trading Day, then, such action may be taken or such right may be exercised on the next succeeding Trading

Day.

d)             Authorized

Shares.

The Company covenants

that, during the period the Warrant is outstanding, it will reserve from its authorized and unissued Common Stock a sufficient number

of shares to provide for the issuance of the Warrant Shares upon the exercise of any purchase rights under this Warrant. The Company further

covenants that its issuance of this Warrant shall constitute full authority to its officers who are charged with the duty of issuing the

necessary Warrant Shares upon the exercise of the purchase rights under this Warrant. The Company will take all such reasonable action

as may be necessary to assure that such Warrant Shares may be issued as provided herein without violation of any applicable law or regulation,

or of any requirements of the Trading Market upon which the Common Stock may be listed. The Company covenants that all Warrant Shares

which may be issued upon the exercise of the purchase rights represented by this Warrant will, upon exercise of the purchase rights represented

by this Warrant and payment for such Warrant Shares in accordance herewith, be duly authorized, validly issued, fully paid and nonassessable

and free from all taxes, liens and charges created by the Company in respect of the issue thereof (other than taxes in respect of any

transfer occurring contemporaneously with such issue).

Except and to the

extent as waived or consented to by the Holder, the Company shall not by any action, including, without limitation, amending its certificate

of incorporation or through any reorganization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or

any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms of this Warrant, but will at all

times in good faith assist in the carrying out of all such terms and in the taking of all such actions as may be necessary or appropriate

to protect the rights of Holder as set forth in this Warrant against impairment. Without limiting the generality of the foregoing, the

Company will (i) not increase the par value of any Warrant Shares above the amount payable therefor upon such exercise immediately

prior to such increase in par value, (ii) take all such action as may be necessary or appropriate in order that the Company may validly

and legally issue fully paid and nonassessable Warrant Shares upon the exercise of this Warrant and (iii) use commercially reasonable

efforts to obtain all such authorizations, exemptions or consents from any public regulatory body having jurisdiction thereof, as may

be, necessary to enable the Company to perform its obligations under this Warrant.

13

Before taking any

action which would result in an adjustment in the number of Warrant Shares for which this Warrant is exercisable or in the Exercise Price,

the Company shall obtain all such authorizations or exemptions thereof, or consents thereto, as may be necessary from any public regulatory

body or bodies having jurisdiction thereof.

e)             Governing

Law. All questions concerning the construction, validity, enforcement and interpretation of this Warrant shall be governed by and

construed and enforced in accordance with the internal laws of the State of New York, without regard to the principles of conflicts of

law thereof. Each party agrees that all legal proceedings concerning the interpretations, enforcement and defense of the transactions

contemplated by this Warrant shall be commenced exclusively in the state and federal courts sitting in the City of New York. Each party

hereby irrevocably submits to the exclusive jurisdiction of the state and federal courts sitting in the City of New York, Borough of Manhattan

for the adjudication of any dispute hereunder or in connection herewith or with any transaction contemplated hereby or discussed herein,

and hereby irrevocably waives, and agrees not to assert in any suit, action or proceeding, any claim that it is not personally subject

to the jurisdiction of any such court, that such suit, action or proceeding is improper or is an inconvenient venue for such proceeding.

Each party hereby irrevocably waives personal service of process and consents to process being served in any such suit, action or proceeding

by mailing a copy thereof via registered or certified mail or overnight delivery (with evidence of delivery) to such party at the address

in effect for notices to it under this Warrant and agrees that such service shall constitute good and sufficient service of process and

notice thereof. Nothing contained herein shall be deemed to limit in any way any right to serve process in any other manner permitted

by law. If either party shall commence an action, suit or proceeding to enforce any provisions of this Warrant, the prevailing party in

such action, suit or proceeding shall be reimbursed by the other party for their reasonable attorneys’ fees and other costs and

expenses incurred with the investigation, preparation and prosecution of such action or proceeding.

f)             Restrictions.

The Holder acknowledges that the Warrant Shares acquired upon the exercise of this Warrant, if not registered, and the Holder does not

utilize cashless exercise, will have restrictions upon resale imposed by state and federal securities laws.

g)             Nonwaiver

and Expenses. No course of dealing or any delay or failure to exercise any right hereunder on the part of Holder shall operate as

a waiver of such right or otherwise prejudice the Holder’s rights, powers or remedies (notwithstanding the fact that the right to

exercise this Warrant terminates on the Termination Date). Without limiting any other provision of this Warrant, if the Company willfully

and knowingly fails to comply with any provision of this Warrant, which results in any material damages to the Holder, the Company shall

pay to the Holder such amounts as shall be sufficient to cover any costs and expenses including, but not limited to, reasonable attorneys’

fees, including those of appellate proceedings, incurred by the Holder in collecting any amounts due pursuant hereto or in otherwise enforcing

any of its rights, powers or remedies hereunder.

14

h)             Notices.

Any and all notices or other communications or deliveries to be provided by the Holders hereunder including, without limitation, any Notice

of Exercise, shall be in writing and delivered personally, by facsimile or e-mail, or sent by a nationally recognized overnight courier

service, addressed to the Company, at 128 Spring Street, Building C - Suite 500, Lexington, Massachusetts 02421, Attn: Chief Financial

Officer or e-mail: dduvall@curis.com and notices@curis.com or such other facsimile number, email address or address as the Company may

specify for such purposes by notice to the Holders. Any and all notices or other communications or deliveries to be provided by the Company

hereunder shall be in writing and delivered personally, by facsimile or e-mail, or sent by a nationally recognized overnight courier service

addressed to each Holder at the facsimile number, e-mail address or address of such Holder appearing on the books of the Company. Any

notice or other communication or deliveries hereunder shall be deemed given and effective on the earliest of (i) the time of transmission,

if such notice or communication is delivered via facsimile at the facsimile number or via e-mail at the e-mail address set forth in this

Section prior to 5:30 p.m. (New York City time) on any date, (ii) the next Trading Day after the time of transmission,

if such notice or communication is delivered via facsimile at the facsimile number or via e-mail at the e-mail address set forth in this

Section on a day that is not a Trading Day or later than 5:30 p.m. (New York City time) on any Trading Day, (iii) the second

Trading Day following the date of mailing, if sent by U.S. nationally recognized overnight courier service, or (iv) upon actual receipt

by the party to whom such notice is required to be given.

i)              Limitation

of Liability. No provision hereof, in the absence of any affirmative action by the Holder to exercise this Warrant to purchase Warrant

Shares, and no enumeration herein of the rights or privileges of the Holder, shall give rise to any liability of the Holder for the purchase

price of any Common Stock or as a stockholder of the Company, whether such liability is asserted by the Company or by creditors of the

Company.

j)              Remedies.

The Holder, in addition to being entitled to exercise all rights granted by law, including recovery of damages, will be entitled to specific

performance of its rights under this Warrant. The Company agrees that monetary damages would not be adequate compensation for any loss

incurred by reason of a breach by it of the provisions of this Warrant and hereby agrees to waive and not to assert the defense in any

action for specific performance that a remedy at law would be adequate.

k)             Successors

and Assigns. Subject to applicable securities laws, this Warrant and the rights and obligations evidenced hereby shall inure to the

benefit of and be binding upon the successors and permitted assigns of the Company and the successors and permitted assigns of Holder.

The provisions of this Warrant are intended to be for the benefit of any Holder from time to time of this Warrant and shall be enforceable

by the Holder or holder of Warrant Shares.

15

l)              Amendment.

This Warrant may be modified or amended or the provisions hereof waived with the written consent of the Company, on the one hand, and

the Holder, on the other hand.

m)            Severability.

Wherever possible, each provision of this Warrant shall be interpreted in such manner as to be effective and valid under applicable law,

but if any provision of this Warrant shall be prohibited by or invalid under applicable law, such provision shall be ineffective to the

extent of such prohibition or invalidity, without invalidating the remainder of such provisions or the remaining provisions of this Warrant.

n)             Headings.

The headings used in this Warrant are for the convenience of reference only and shall not, for any purpose, be deemed a part of this Warrant.

********************

(Signature Page Follows)

16

IN WITNESS WHEREOF, the Company

has caused this Warrant to be executed by its officer thereunto duly authorized as of the date first above indicated.

CURIS, INC.

By:

Name: Diantha Duvall

Title: Chief Financial Officer

17

NOTICE OF EXERCISE

To:       CURIS, INC.

(1) The

undersigned hereby elects to purchase ________ Warrant Shares of the Company pursuant to the terms of the attached Warrant (only if exercised

in full), and tenders herewith payment of the exercise price in full, together with all applicable transfer taxes, if any.

(2) Payment

shall take the form of (check applicable box):

[ ] in lawful money of the United States;

or

[ ] if permitted the cancellation of

such number of Warrant Shares as is necessary, in accordance with the formula set forth in subsection 2(c), to exercise this Warrant with

respect to the maximum number of Warrant Shares purchasable pursuant to the cashless exercise procedure set forth in subsection 2(c).

(3) Please

issue said Warrant Shares in the name of the undersigned or in such other name as is specified below:

_______________________________

The Warrant Shares shall be delivered to the following

DWAC Account Number:

_______________________________

_______________________________

_______________________________

(4) Accredited

Investor. The undersigned is an “accredited investor” as defined in Regulation D promulgated under the Securities Act of

1933, as amended.

[SIGNATURE

OF HOLDER]

Name of Investing Entity:

Signature of Authorized Signatory of Investing Entity:

Name of Authorized Signatory:

Title of Authorized Signatory:

Date:

ASSIGNMENT FORM

(To assign the foregoing Warrant, execute this

form and supply required information. Do not use this form to purchase shares.)

FOR VALUE RECEIVED, the foregoing Warrant and

all rights evidenced thereby are hereby assigned to

Name:

(Please Print)

Address:

(Please Print)

Phone Number:

Email Address:

Dated: _______________ , ______

Holder’s Signature:_____________________________

Holder’s Address:______________________________

EX-4.2 — EXHIBIT 4.2

EX-4.2

Filename: tm2627615d1_ex4-2.htm · Sequence: 3

Exhibit 4.2

NEITHER THIS SECURITY NOR THE SECURITIES FOR WHICH

THIS SECURITY IS EXERCISABLE HAVE BEEN REGISTERED WITH THE SECURITIES AND EXCHANGE COMMISSION OR THE SECURITIES COMMISSION OF ANY STATE

IN RELIANCE UPON AN EXEMPTION FROM REGISTRATION UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), AND,

ACCORDINGLY, MAY NOT BE OFFERED OR SOLD EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT OR PURSUANT

TO AN AVAILABLE EXEMPTION FROM, OR IN A TRANSACTION NOT SUBJECT TO, THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT AND IN ACCORDANCE

WITH APPLICABLE STATE SECURITIES LAWS. THIS SECURITY AND THE SECURITIES ISSUABLE UPON EXERCISE OF THIS SECURITY MAY BE PLEDGED IN

CONNECTION WITH A BONA FIDE MARGIN ACCOUNT OR OTHER LOAN SECURED BY SUCH SECURITIES.

FORM OF WARRANT TO PURCHASE COMMON STOCK

CURIS, INC.

Warrant Shares: [_________] Issue Date: October 19,

2026

THIS WARRANT TO PURCHASE COMMON

STOCK (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 six (6) months

after the date hereof (the “Initial Exercise Date”) and on or prior to 5:00 P.M. New York City time on April 19,

2032 (the “Termination Date”) but not thereafter, to subscribe for and purchase from Curis, Inc., a Delaware corporation

(the “Company”), up to [_________] shares (as subject to adjustment hereunder, the “Warrant Shares”)

of common stock, par value $0.01 per share, of the Company (“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) herein.

Section 1. Definitions.

Capitalized terms used and not otherwise defined herein shall have the meanings set forth in that certain Securities Purchase Agreement

(the “Purchase Agreement”), dated October 16, 2026, among the Company and the purchasers signatory thereto.

Section 2. Exercise.

a) Exercise of Warrant.

Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial

Exercise Date and on or before the Termination Date by delivery to the Company of a duly executed facsimile copy or PDF copy submitted

by e-mail (or e-mail attachment) of the Notice of Exercise in the form annexed hereto, and delivered in accordance with the notice requirements

set forth in Section 5(h) (the “Notice of Exercise”). Within the number of Trading Days comprising the Standard

Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid, the Holder shall deliver

the aggregate Exercise Price (as defined below) for the Warrant Shares specified in the applicable Notice of Exercise by wire transfer

or cashier’s check drawn on a United States bank unless the cashless exercise procedure specified in Section 2(c) below

is applicable and specified in the applicable Notice of Exercise. No ink-original Notice of Exercise shall be required, nor shall any

medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise be required. Notwithstanding anything herein

to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all

of the Warrant Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant

to the Company for cancellation within three (3) Trading Days of the date on which the final Notice of Exercise is delivered to the

Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant Shares available hereunder

shall have the effect of lowering the outstanding number of Warrant Shares purchasable hereunder in an amount equal to the applicable

number of Warrant Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant Shares purchased and

the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within two (2) Trading Days of receipt

of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions

of this paragraph, following the purchase of a portion of the Warrant Shares hereunder, the number of Warrant Shares available for purchase

hereunder at any given time may be less than the amount stated on the face hereof.

b) Exercise Price.

The exercise price per share of Common Stock under this Warrant shall be $0.60, subject to adjustment hereunder (the “Exercise

Price”).

c) Cashless Exercise.

If at the time of exercise hereof in accordance with the terms hereof there is no effective registration statement registering, or the

prospectus contained therein is not available for, the resale of the Warrant Shares by the Holder, then this Warrant may also be exercised,

in whole or in part, at such time by means of a “cashless exercise” in which the Holder shall be entitled to receive a number

of Warrant Shares equal to the quotient obtained by dividing [(A-B) (X)] by (A), where:

(A) =

as applicable: (i) the VWAP on the Trading Day immediately preceding the date of the

applicable Notice of Exercise if such Notice of Exercise is (1) both executed and delivered pursuant to Section 2(a) hereof

on a day that is not a Trading Day or (2) both executed and delivered pursuant to Section 2(a) hereof

on a Trading Day prior to the opening of “regular trading hours” (as defined in

Rule 600(b)(68) of Regulation NMS promulgated under the federal securities laws) on such

Trading Day, (ii) at the option of the Holder, either (y) the VWAP on the Trading

Day immediately preceding the date of the applicable Notice of Exercise or (z) the Bid Price

of the Common Stock on the principal Trading Market as reported by Bloomberg L.P. as of the time of the Holder’s execution

of the applicable Notice of Exercise if such Notice of Exercise is executed during “regular trading hours” on

a Trading Day and is delivered within two (2) hours thereafter (including until two (2) hours

after the close of “regular trading hours” on a Trading Day) pursuant to Section 2(a) hereof or (iii) the

VWAP on the date of the applicable Notice of Exercise if the date of such Notice of Exercise

is a Trading Day and such Notice of Exercise is both executed and delivered pursuant to Section 2(a) hereof

after the close of “regular trading hours” on such Trading Day;

(B) =

the Exercise Price of this Warrant, as adjusted hereunder; and

(X) =

the number of Warrant Shares that would be issuable upon exercise of this Warrant in accordance with the terms of this Warrant

if such exercise were by means of a cash exercise rather than a cashless exercise.

If Warrant Shares are issued

in such a cashless exercise, the parties acknowledge and agree that in accordance with Section 3(a)(9) of the Securities Act,

the Warrant Shares shall take on the characteristics of the Warrants being exercised, and for purposes of Rule 144, the holding period

of the Warrant Shares being issued may be tacked on to the holding period of this Warrant (provided, in each case, that the Commission

continues to take the position that such treatment is proper at the time of such exercise). The Company agrees not to take any position

contrary to this Section 2(c), except to the extent required by applicable law, rule or regulation. For the avoidance of doubt,

the cashless exercise procedure specified in this Section 2(c) shall not be first available prior to the effectiveness deadlines

for the Registration Statement (as defined in the Registration Rights Agreement) set forth in Section 2(d)(ii)(A) of the Registration

Rights Agreement.

“Bid Price”

means, for any date, the price determined by the first of the following clauses that applies: (a) if the Common Stock is then listed

or quoted on a Trading Market, the bid price of the Common Stock for the time in question (or the nearest preceding date) on the Trading

Market on which the Common Stock is then listed or quoted as reported by Bloomberg L.P. (based on a Trading Day from 9:30 a.m. (New

York City time) to 4:02 p.m. (New York City time)), (b) if OTCQB or OTCQX is not a Trading Market, the volume weighted average

price of the Common Stock for such date (or the nearest preceding date) on OTCQB or OTCQX as applicable, (c) if the Common Stock

is not then listed or quoted for trading on OTCQB or OTCQX and if prices for the Common Stock are then reported on The Pink Open Market

(or a similar organization or agency succeeding to its functions of reporting prices), the most recent bid price per share of the Common

Stock so reported, or (d) in all other cases, the fair market value of a share of Common Stock as determined in good faith by the

Board of Directors of the Company.

“VWAP”

means, for any date, the price determined by the first of the following clauses that applies: (a) if the Common Stock is then listed

or quoted on a Trading Market, the daily volume weighted average price of the Common Stock for such date (or the nearest preceding date)

on the Trading Market on which the Common Stock is then listed or quoted as reported by Bloomberg L.P. (based on a Trading Day from 9:30

a.m. (New York City time) to 4:02 p.m. (New York City time)), (b) if OTCQB or OTCQX is not a Trading Market, the volume

weighted average price of the Common Stock for such date (or the nearest preceding date) on OTCQB or OTCQX as applicable, (c) if

the Common Stock is not then listed or quoted for trading on OTCQB or OTCQX and if prices for the Common Stock are then reported on The

Pink Open Market (or a similar organization or agency succeeding to its functions of reporting prices), the most recent bid price per

share of the Common Stock so reported, or (d) in all other cases, the fair market value of a share of Common Stock as determined

in good faith by the Board of Directors of the Company.

d) Mechanics of Exercise.

i. Delivery of Warrant

Shares Upon Exercise. The Company shall cause the Warrant Shares purchased hereunder to be transmitted by the Transfer Agent to the

Holder by crediting the account of the Holder’s or its designee’s balance account with The Depository Trust Company through

its Deposit or Withdrawal at Custodian system (“DWAC”) if the Company is then a participant in such system and either

(A) there is an effective registration statement covering the resale of the Warrant Shares by the Holder or (B) in the case

of a cashless exercise of the Warrant, the Warrant Shares are eligible for resale by the Holder without volume or manner-of-sale limitations

pursuant to Rule 144, and in each case, at the request of the Holder, in electronic book entry form to the account of the Holder

or by physical delivery of a certificate, registered in the Company’s share register in the name of the Holder or its designee,

for the number of Warrant Shares to which the Holder is entitled pursuant to such exercise to the address specified by the Holder in the

Notice of Exercise by the date that is the number of Trading Days comprising the Standard Settlement Period subject to the delivery to

the Company of the Notice of Exercise and at the time of delivery of the aggregate Exercise Price to the Company (other than in the case

of a cashless exercise) (such date, the “Warrant Share Delivery Date”). Upon delivery of the Notice of Exercise, the

Holder shall be deemed for all corporate purposes to have become the holder of record of the Warrant Shares with respect to which this

Warrant has been exercised, irrespective of the date of delivery of the Warrant Shares, provided that payment of the aggregate Exercise

Price (other than in the case of a cashless exercise) is received by the Warrant Share Delivery Date. As used herein, “Standard

Settlement Period” means the standard settlement period, expressed in a number of Trading Days, on the Company’s primary

Trading Market with respect to the Common Stock as in effect on the date of delivery of the Notice of Exercise.

ii. Delivery of New Warrants

Upon Exercise. If this Warrant shall have been exercised in part, the Company shall, at the request of a Holder and upon surrender

of this Warrant, at the time of delivery of the Warrant Shares, deliver to the Holder a new Warrant evidencing the rights of the Holder

to purchase the unpurchased Warrant Shares called for by this Warrant, which new Warrant shall in all other respects be identical with

this Warrant.

iii. Rescission Rights.

If the Company fails to cause the Transfer Agent to transmit to the Holder the Warrant Shares pursuant to Section 2(d)(i) by

the Warrant Share Delivery Date (subject to receipt of the aggregate exercise price for the applicable exercise (other than in the case

of a cashless exercise)), then the Holder will have the right to rescind such exercise.

iv. Compensation for Buy-In

on Failure to Timely Deliver Warrant Shares Upon Exercise. In addition to any other rights available to the Holder, if the Company

fails to cause the Transfer Agent to transmit to the Holder the Warrant Shares in accordance with the provisions of Section 2(d)(i) above

pursuant to an exercise on or before the Warrant Share Delivery Date (other than a failure caused by incorrect or incomplete information

provided by the Holder to the Company and subject to receipt of the aggregate exercise price for the applicable exercise (other than in

the case of a cashless exercise)), and if after such date the Holder is required by its broker to purchase (in an open market transaction

or otherwise) or the Holder’s brokerage firm otherwise purchases, shares of Common Stock to deliver in satisfaction of a sale by

the Holder of the Warrant Shares which the Holder anticipated receiving upon such exercise (a “Buy-In”), then the Company

shall (A) pay in cash to the Holder the amount, if any, by which (x) the Holder’s total purchase price (including brokerage

commissions, if any) for the shares of Common Stock so purchased exceeds (y) the amount obtained by multiplying (1) the number

of Warrant Shares that the Company was required to deliver, but did not timely deliver, to the Holder in connection with the exercise

at issue times (2) the price at which the sell order giving rise to such purchase obligation was executed, and (B) at the option

of the Holder, either reinstate the portion of the Warrant and equivalent number of Warrant Shares for which such exercise was not honored

(in which case such exercise shall be deemed rescinded) or deliver to the Holder the number of shares of Common Stock that would have

been issued had the Company timely complied with its exercise and delivery obligations hereunder. For example, if the Holder purchases

Common Stock having a total purchase price of $11,000 to cover a Buy-In with respect to an attempted exercise of Warrants with an aggregate

sale price giving rise to such purchase obligation of $10,000, under clause (A) of the immediately preceding sentence the Company

shall be required to pay the Holder $1,000. The Holder shall provide the Company written notice within two (2) Trading Days after

the occurrence of a Buy-In indicating the amounts payable to the Holder in respect of the Buy-In and, upon request of the Company, evidence

of the amount of such loss. Nothing herein shall limit a Holder’s right to pursue any other remedies available to it hereunder,

at law or in equity including, without limitation, a decree of specific performance and/or injunctive relief with respect to the Company’s

failure to timely deliver shares of Common Stock upon exercise of the Warrant as required pursuant to the terms hereof.

v. No Fractional Shares

or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant. As to any

fraction of a share which the Holder would otherwise be entitled to purchase upon such exercise, the Company shall, at its election, either

pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Exercise Price or round

up to the next whole share.

vi. Charges, Taxes and

Expenses. Issuance of Warrant Shares shall be made without charge to the Holder for any issue or transfer tax or other incidental

expense in respect of the issuance of such Warrant Shares, all of which taxes and expenses shall be paid by the Company, and such Warrant

Shares shall be issued in the name of the Holder or in such name or names as may be directed by the Holder; provided, however,

that, in the event that Warrant Shares are to be issued in a name other than the name of the Holder, this Warrant when surrendered for

exercise shall be accompanied by the Assignment Form attached hereto duly executed by the Holder or its agent or attorney and the

Company may require, as a condition thereto, the payment of a sum sufficient to reimburse it for any transfer tax incidental thereto.

The Company shall, to the extent applicable, pay all Transfer Agent fees required for processing of any Notice of Exercise and all fees

to the Depository Trust Company (or another established clearing corporation performing similar functions) required for electronic delivery

of the Warrant Shares.

vii. Closing of Books.

The Company will not close its stockholder books or records in any manner which prevents the timely exercise of this Warrant, pursuant

to the terms hereof.

e) Holder’s Exercise

Limitations. The Company shall not effect any exercise of this Warrant, and a Holder shall not have the right to exercise any portion

of this Warrant, pursuant to Section 2 or otherwise, to the extent that after giving effect to such issuance after exercise as set

forth on the applicable Notice of Exercise, the Holder (together with the Holder’s Affiliates, and any other Persons acting as

a group together with the Holder or any of the Holder’s Affiliates (such Persons, “Attribution Parties”)), would

beneficially own in excess of the Beneficial Ownership Limitation (as defined below). For purposes of the foregoing sentence, the number

of shares of Common Stock beneficially owned by the Holder and its Affiliates and Attribution Parties shall include the number of shares

of Common Stock issuable upon exercise of this Warrant with respect to which such determination is being made, but shall exclude the

number of shares of Common Stock which would be issuable upon (i) exercise of the remaining, nonexercised portion of this Warrant

beneficially owned by the Holder or any of its Affiliates or Attribution Parties and (ii) exercise or conversion of the unexercised

or nonconverted portion of any other securities of the Company (including, without limitation, any other Common Stock Equivalents) subject

to a limitation on conversion or exercise analogous to the limitation contained herein beneficially owned by the Holder or any of its

Affiliates or Attribution Parties. Except as set forth in the preceding sentence, for purposes of this Section 2(e), beneficial

ownership shall be calculated in accordance with Section 13(d) of the Exchange Act, it being acknowledged by the Holder that

the Company is not representing to the Holder that such calculation is in compliance with Section 13(d) of the Exchange Act

and the Holder is solely responsible for any schedules required to be filed in accordance therewith. To the extent that the limitation

contained in this Section 2(e) applies, the determination of whether this Warrant is exercisable (in relation to other securities

owned by the Holder together with any Affiliates and Attribution Parties) and of which portion of this Warrant is exercisable shall be

in the sole discretion of the Holder, and the submission of a Notice of Exercise shall be deemed to be the Holder’s determination

of whether this Warrant is exercisable (in relation to other securities owned by the Holder together with any Affiliates and Attribution

Parties) and of which portion of this Warrant is exercisable, in each case subject to the Beneficial Ownership Limitation, and the Company

shall have no obligation to verify or confirm the accuracy of such determination. In addition, a determination as to any group status

as contemplated above shall be determined in accordance with Section 13(d) of the Exchange Act and the rules and regulations

promulgated thereunder. For purposes of this Section 2(e), in determining the number of outstanding shares of Common Stock, a Holder

may rely on the number of outstanding shares of Common Stock as reflected in (A) the Company’s most recent periodic or annual

report filed with the Commission, as the case may be, (B) a more recent public announcement by the Company or (C) a more recent

written notice from the Company or the Transfer Agent to the Holder setting forth the number of shares of Common Stock outstanding. Upon

the written request of a Holder, the Company shall within two (2) Trading Days confirm in writing to the Holder the number of shares

of Common Stock then outstanding. In any case, the number of outstanding shares of Common Stock shall be determined after giving effect

to the conversion or exercise of securities of the Company, including this Warrant, by the Holder or its Affiliates or Attribution Parties

since the date as of which such number of outstanding shares of Common Stock was reported. The “Beneficial Ownership Limitation”

shall be [4.99]/[9.99]% of the number of shares of the Common Stock outstanding immediately after giving effect to the issuance of shares

of Common Stock issuable upon exercise of this Warrant. The Holder, upon written notice to the Company, may increase or decrease the

Beneficial Ownership Limitation provisions of this Section 2(e), provided that the Beneficial Ownership Limitation in no event exceeds

19.99% of the number of shares of the Common Stock outstanding immediately after giving effect to the issuance of shares of Common Stock

upon exercise of this Warrant held by the Holder and the provisions of this Section 2(e) shall continue to apply. Any increase

in the Beneficial Ownership Limitation will not be effective until the 61st day after such notice

is delivered to the Company. The provisions of this paragraph shall be construed and implemented in a manner otherwise than in strict

conformity with the terms of this Section 2(e) to correct this paragraph (or any portion hereof) which may be defective or

inconsistent with the intended Beneficial Ownership Limitation herein contained or to make changes or supplements necessary or desirable

to properly give effect to such limitation. The limitations contained in this paragraph shall apply to a successor holder of this Warrant.

Notwithstanding anything to

the contrary contained herein, the Company shall not effect any exercise of this Warrant, and the Holder shall not be entitled to exercise

this Warrant for a number of Warrant Shares in excess of that number of Warrant Shares which, upon giving effect to such exercise, would

cause (i) the aggregate number of shares of Common Stock beneficially owned by the Holder and its Affiliates and any other Persons

whose beneficial ownership of Common Stock would be aggregated with the Holder’s for purposes of Section 13(d) of the

Exchange Act and the rules and regulations promulgated thereunder, including any “group” of which the Holder is a member,

to exceed 19.99% of the total number of issued and outstanding shares of Common Stock of the Company following such exercise, or (ii) the

combined voting power of the securities of the Company beneficially owned by the Holder and its Affiliates and any other Persons whose

beneficial ownership of Common Stock would be aggregated with the Holder’s for purposes of Section 13(d) of the Exchange

Act to exceed 19.99% of the combined voting power of all of the securities of the Company then outstanding following such exercise. For

purposes of this Section 2(e), the aggregate number of shares of Common Stock or voting securities beneficially owned by the Holder

and its Affiliates and any other Persons whose beneficial ownership of Common Stock would be aggregated with the Holder’s for purposes

of Section 13(d) of the Exchange Act shall include the shares of Common Stock issuable upon the exercise of this Warrant with

respect to which such determination is being made, but shall exclude the number of shares of Common Stock which would be issuable upon

(x) exercise of the remaining unexercised and non-cancelled portion of this Warrant by the Holder and (y) exercise or conversion

of the unexercised, non-converted or non-cancelled portion of any other securities of the Company that do not have voting power (including

without limitation any securities of the Company which would entitle the holder thereof to acquire at any time Common Stock, including

without limitation any debt, preferred stock, right, option, warrant or other instrument that is at any time convertible into or exercisable

or exchangeable for, or otherwise entitles the holder thereof to receive, Common Stock), are subject to a limitation on conversion or

exercise analogous to the limitation contained herein and are beneficially owned by the Holder or any of its Affiliates and other Persons

whose beneficial ownership of Common Stock would be aggregated with the Holder’s for purposes of Section 13(d) of the

Exchange Act.

Section 3. Certain

Adjustments.

a) Stock Dividends and

Splits. If the Company, at any time while this Warrant is outstanding: (i) pays a stock dividend or otherwise makes a distribution

or distributions on shares of its Common Stock or any other equity or equity equivalent securities payable in shares of Common Stock (which,

for avoidance of doubt, shall not include any shares of Common Stock issued by the Company upon exercise of this Warrant), (ii) subdivides

outstanding shares of Common Stock into a larger number of shares, (iii) combines (including by way of reverse stock split) outstanding

shares of Common Stock into a smaller number of shares of Common Stock, or (iv) issues by reclassification of shares of the Common

Stock any shares of capital stock of the Company, then in each case the Exercise Price shall be multiplied by a fraction of which the

numerator shall be the number of shares of Common Stock (excluding treasury shares, if any) outstanding immediately before such event

and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event, and the number of

shares issuable upon exercise of this Warrant shall be proportionately adjusted such that the aggregate Exercise Price of this Warrant

shall remain unchanged. Any adjustment made pursuant to this Section 3(a) shall become effective immediately after the record

date for the determination of stockholders entitled to receive such dividend or distribution and shall become effective immediately after

the effective date in the case of a subdivision, combination or re-classification.

b) Subsequent Rights Offerings.

In addition to (but without duplication of) any adjustments pursuant to Section 3(a) above, if at any time the Company grants,

issues or sells any Common Stock Equivalents or rights to purchase stock, warrants, securities or other property pro rata to the record

holders of any class of shares of Common Stock (the “Purchase Rights”), then the Holder will be entitled to acquire, upon

the terms applicable to such Purchase Rights, the aggregate Purchase Rights which the Holder could have acquired if the Holder had held

the number of shares of Common Stock acquirable upon complete exercise of this Warrant (without regard to any limitations on exercise

hereof, including without limitation, the Beneficial Ownership Limitation) immediately before the date on which a record is taken for

the grant, issuance or sale of such Purchase Rights, or, if no such record is taken, the date as of which the record holders of shares

of Common Stock are to be determined for the grant, issue or sale of such Purchase Rights (provided, however, that, to the extent that

the Holder’s right to participate in any such Purchase Right would result in the Holder exceeding the Beneficial Ownership Limitation,

then the Holder shall not be entitled to participate in such Purchase Right to such extent (or beneficial ownership of such shares of

Common Stock as a result of such Purchase Right to such extent) and such Purchase Right to such extent shall be held in abeyance for the

Holder until such time, if ever, as its right thereto would not result in the Holder exceeding the Beneficial Ownership Limitation).

c) Pro Rata Distributions.

During such time as this Warrant is outstanding, if the Company shall declare or make any dividend or other distribution of its assets

(or rights to acquire its assets) to holders of shares of Common Stock, by way of return of capital or otherwise (including, without limitation,

any distribution of cash, stock or other securities, property or options by way of a dividend, spin off, reclassification, corporate rearrangement,

scheme of arrangement or other similar transaction) (a “Distribution”), at any time after the issuance of this Warrant,

then, in each such case, the Holder shall be entitled to participate in such Distribution to the same extent that the Holder would have

participated therein if the Holder had held the number of shares of Common Stock acquirable upon complete exercise of this Warrant (without

regard to any limitations on exercise hereof, including without limitation, the Beneficial Ownership Limitation) immediately before the

date of which a record is taken for such Distribution, or, if no such record is taken, the date as of which the record holders of shares

of Common Stock are to be determined for the participation in such Distribution; provided, however, that, to the extent

that the Holder’s right to participate in any such Distribution would result in the Holder exceeding the Beneficial Ownership Limitation,

then the Holder shall not be entitled to participate in such Distribution to such extent (or in the beneficial ownership of any shares

of Common Stock as a result of such Distribution to such extent) and the portion of such Distribution shall be held in abeyance for the

benefit of the Holder until such time, if ever, as its right thereto would not result in the Holder exceeding the Beneficial Ownership

Limitation.

d) Fundamental Transaction.

If, at any time while this Warrant is outstanding, (i) the Company, directly or indirectly, in one or more related transactions effects

any merger or consolidation of the Company with or into another Person and the Company is not the surviving entity (other than reincorporation

in a different state or a similar transaction pursuant to which the surviving company remains a public company), (ii) the Company

(and all of its subsidiaries, taken as a whole), directly or indirectly, effects any sale, lease, license, assignment, transfer, conveyance

or other disposition of all or substantially all of the Company’s (including its subsidiaries, taken as a whole) assets in one or

a series of related transactions, (iii) any, direct or indirect, purchase offer, tender offer or exchange offer (whether by the Company

or another Person) is completed pursuant to which holders of Common Stock are permitted to sell, tender or exchange their shares for other

securities, cash or property and has been accepted by the holders of more than 67% of the outstanding voting power of the common equity

of the Company, (iv) the Company, directly or indirectly, in one or more related transactions effects any reclassification, reorganization

or recapitalization of the Common Stock or any compulsory share exchange pursuant to which the Common Stock is effectively converted into

or exchanged for other securities, cash or property (other than a stock split), or (v) the Company, directly or indirectly, in one

or more related transactions consummates a stock or share purchase agreement or other business combination (including, without limitation,

a reorganization, recapitalization, spin-off, merger or scheme of arrangement) with another Person or group of Persons whereby such other

Person or group acquires more than 67% of the outstanding voting power of the common equity of the Company (each, a “Fundamental

Transaction”), then, if such Fundamental Transaction occurs prior to the Initial Exercise Date, this Warrant shall become immediately

exercisable as of immediately prior to the consummation of such Fundamental Transaction, and, upon any subsequent exercise of this Warrant,

the Holder shall have the right to receive, for each Warrant Share that would have been issuable upon such exercise immediately prior

to the occurrence of such Fundamental Transaction, at the option of the Holder (without regard to any limitation in Section 2(e) on

the exercise of this Warrant), the securities, cash and other property of the successor or acquiring corporation (or ultimate parent thereof)

or of the Company, if it is the surviving corporation, as applicable, (the “Alternate Consideration”) receivable as

a result of such Fundamental Transaction by a holder of the number of shares of Common Stock for which this Warrant is exercisable immediately

prior to such Fundamental Transaction (without regard to any limitation in Section 2(e) on the exercise of this Warrant). For

purposes of any such exercise, the determination of the Exercise Price shall be appropriately adjusted to apply to such Alternate Consideration

based on the amount of Alternate Consideration issuable in respect of one share of Common Stock in such Fundamental Transaction, and the

Company shall apportion the Exercise Price among the Alternate Consideration in a reasonable manner reflecting the relative value of any

different components of the Alternate Consideration. If holders of Common Stock are given any choice as to the securities, cash or property

to be received in a Fundamental Transaction, then the Holder shall be given the same choice as to the Alternate Consideration it receives

upon any exercise of this Warrant following such Fundamental Transaction. Notwithstanding anything to the contrary, in the event of a

Fundamental Transaction in which the holders of the voting securities of the Company as of immediately prior to such Fundamental Transaction

will not, following such Fundamental Transaction, directly or indirectly own at least 50% of the voting securities of the surviving entity

or Successor Entity (as defined below), as applicable, and in which the Company is not the Successor Entity, the Company or any Successor

Entity (as defined below) shall, at the Holder’s option, exercisable at any time concurrently with, or within thirty (30) days after,

the consummation of the Fundamental Transaction (or, if later, the date of the public announcement of the applicable Fundamental Transaction),

purchase this Warrant from the Holder by paying to the Holder an amount of cash equal to the Black Scholes Value (as defined below) of

the remaining unexercised portion of this Warrant on the date of the consummation of such Fundamental Transaction; provided, however,

if (1) the Fundamental Transaction is not within the Company’s control, including not approved by the Company’s Board

of Directors, or (2) the Alternate Consideration payable to holders of the Company’s Common Stock in such Fundamental Transaction

consists of equity securities of the Successor Entity or acquiring entity that are quoted or listed on a nationally recognized securities

exchange, then Holder shall only be entitled to receive from the Company or any Successor Entity or acquiring entity, as applicable, as

of the date of consummation of such Fundamental Transaction, the same type or form of consideration (and in the same proportion), at the

Black Scholes Value (as defined below) of the unexercised portion of this Warrant, that is being offered and paid to the holders of Common

Stock of the Company in connection with the Fundamental Transaction, whether that consideration be in the form of cash, stock or any combination

thereof, or whether the holders of Common Stock are given the choice to receive from among alternative forms of consideration in connection

with the Fundamental Transaction. “Black Scholes Value” means the value of this Warrant based on the Black-Scholes Option

Pricing Model obtained from the “OV” function on Bloomberg, L.P. (“Bloomberg”) determined as of the day of consummation

of the applicable Fundamental Transaction for pricing purposes and reflecting (A) a risk-free interest rate corresponding to the

U.S. Treasury rate for a period equal to the time between the date of the public announcement of the applicable Fundamental Transaction

and the Termination Date, (B) an expected volatility equal to the greater of 100% and the 100 day volatility obtained from the HVT

function on Bloomberg (determined utilizing a 365 day annualization factor) as of the Trading Day immediately following the public announcement

of the applicable Fundamental Transaction, (C) the underlying price per share used in such calculation shall be the greater of (i) the

sum of the price per share being offered in cash, if any, plus the value of any non-cash consideration, if any, being offered in such

Fundamental Transaction and (ii) the greater of (x) the last VWAP immediately prior to the public announcement of such Fundamental

Transaction and (y) the last VWAP immediately prior to the consummation of such Fundamental Transaction and (D) a remaining

option time equal to the time between the date of the public announcement of the applicable Fundamental Transaction and the Termination

Date. The payment of the Black Scholes Value will be made by wire transfer of immediately available funds within five Business Days of

the Holder’s election (or, if later, on the effective date of the Fundamental Transaction). The Company shall cause any successor

entity in a Fundamental Transaction in which the Company is not the survivor (the “Successor Entity”) to assume in

writing all of the obligations of the Company under this Warrant in accordance with the provisions of this Section 3(d) and

shall, at the option of the Holder, deliver to the Holder in exchange for this Warrant a security of the Successor Entity evidenced by

a written instrument substantially similar in form and substance to this Warrant which is exercisable for the Alternate Consideration,

and with an exercise price which applies the exercise price hereunder to such Alternate Consideration (but taking into account the relative

value of the shares of Common Stock pursuant to such Fundamental Transaction and the value of such shares of capital stock, such number

of shares of capital stock and such exercise price being for the purpose of protecting the economic value of this Warrant immediately

prior to the consummation of such Fundamental Transaction). Upon the occurrence of any such Fundamental Transaction, the Successor Entity

shall succeed to, and be substituted for (so that from and after the date of such Fundamental Transaction, the provisions of this Warrant

referring to the “Company” shall refer instead to the Successor Entity), and may exercise every right and power of the Company

and shall assume all of the obligations of the Company under this Warrant with the same effect as if such Successor Entity had been named

as the Company herein.

e) Calculations. All

calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes

of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of

the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.

f) Notice to Holder.

i. Adjustment to Exercise

Price. Whenever the Exercise Price is adjusted pursuant to any provision of this Section 3, the Company shall promptly deliver

to the Holder by facsimile or email a notice setting forth the Exercise Price after such adjustment and any resulting adjustment to the

number of Warrant Shares and setting forth a brief statement of the facts requiring such adjustment.

ii. Notice to Allow Exercise

by Holder. If (A) the Company shall declare a dividend (or any other distribution in whatever form) on the Common Stock, (B) the

Company shall declare a special nonrecurring cash dividend on or a redemption of the Common Stock, (C) the Company shall authorize

the granting to all holders of the Common Stock rights or warrants to subscribe for or purchase any shares of capital stock of any class

or of any rights, (D) the approval of any stockholders of the Company shall be required in connection with any reclassification of

the Common Stock, any consolidation or merger to which the Company (or any of its Subsidiaries) is a party, any sale or transfer of all

or substantially all of its assets, or any compulsory share exchange whereby the Common Stock is converted into other securities, cash

or property, or (E) the Company shall authorize the voluntary or involuntary dissolution, liquidation or winding up of the affairs

of the Company, then, in each case, the Company shall cause to be delivered by facsimile or email to the Holder at its last facsimile

number or email address as it shall appear upon the Warrant Register of the Company, at least 10 calendar days prior to the applicable

record or effective date hereinafter specified, a notice stating (x) the date on which a record is to be taken for the purpose of

such dividend, distribution, redemption, rights or warrants, or if a record is not to be taken, the date as of which the holders of the

Common Stock of record to be entitled to such dividend, distributions, redemption, rights or warrants are to be determined or (y) the

date on which such reclassification, consolidation, merger, sale, transfer or share exchange is expected to become effective or close,

and the date as of which it is expected that holders of the Common Stock of record shall be entitled to exchange their shares of the Common

Stock for securities, cash or other property deliverable upon such reclassification, consolidation, merger, sale, transfer or share exchange;

provided that the failure to deliver such notice or any defect therein or in the delivery thereof shall not affect the validity of the

corporate action required to be specified in such notice. To the extent that any notice provided in this Warrant constitutes, or contains,

material, non-public information regarding the Company or any of the Subsidiaries, the Company shall simultaneously file such notice with

the Commission pursuant to a Current Report on Form 8-K. The Holder shall remain entitled to exercise this Warrant during the period

commencing on the date of such notice to the effective date of the event triggering such notice except as may otherwise be expressly set

forth herein.

g) Voluntary Adjustment

By Company. Subject to the rules and regulations of the Trading Market, the Company may at any time during the term of this Warrant,

subject to the prior written consent of the Holder, reduce the then current Exercise Price to any amount and for any period of time deemed

appropriate by the board of directors of the Company.

Section 4. Transfer of Warrant.

a) Transferability.

Subject to compliance with any applicable securities laws and the conditions set forth in Section 4(d) hereof and to the provisions

of Section 4.1 of the Purchase Agreement, this Warrant and all rights hereunder (including, without limitation, any registration

rights) are transferable, in whole or in part, upon surrender of this Warrant at the principal office of the Company or its designated

agent, together with a written assignment of this Warrant substantially in the form of the Assignment Form attached hereto duly executed

by the Holder or its agent or attorney and funds sufficient to pay any transfer taxes payable upon the making of such transfer. Upon such

surrender and, if required, such payment, the Company shall execute and deliver a new Warrant or Warrants in the name of the assignee

or assignees, as applicable, and in the denomination or denominations specified in such instrument of assignment, and shall issue to the

assignor a new Warrant evidencing the portion of this Warrant not so assigned, and this Warrant shall promptly be cancelled. Notwithstanding

anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company unless the Holder

has assigned this Warrant in full, in which case, the Holder shall surrender this Warrant to the Company within three (3) Trading

Days of the date on which the Holder delivers the Assignment Form attached hereto duly executed by the Holder or its agent or attorney

to the Company assigning this Warrant in full. The Warrant, if properly assigned in accordance herewith, may be exercised by a new holder

for the purchase of Warrant Shares without having a new Warrant issued.

b) New Warrants. This

Warrant may be divided or combined with other Warrants upon presentation hereof at the aforesaid office of the Company, together with

a written notice specifying the names and denominations in which new Warrants are to be issued, signed by the Holder or its agent or attorney.

Subject to compliance with Section 4(a), as to any transfer which may be involved in such division or combination, the Company shall

execute and deliver a new Warrant or Warrants in exchange for the Warrant or Warrants to be divided or combined in accordance with such

notice. All Warrants issued on transfers or exchanges shall be dated the initial issuance date of this Warrant and shall be identical

with this Warrant except as to the number of Warrant Shares issuable pursuant thereto.

c) Warrant Register.

The Company shall register this Warrant, upon records to be maintained by the Company for that purpose (the “Warrant Register”),

in the name of the record Holder hereof from time to time. The Company may deem and treat the registered Holder of this Warrant as the

absolute owner hereof for the purpose of any exercise hereof or any distribution to the Holder, and for all other purposes, absent actual

notice to the contrary.

d) Transfer Restrictions.

If, at the time of the surrender of this Warrant in connection with any transfer of this Warrant, the transfer of this Warrant shall not

be either (i) registered pursuant to an effective registration statement under the Securities Act and under applicable state securities

or blue sky laws or (ii) eligible for resale without volume or manner-of-sale restrictions or current public information requirements

pursuant to Rule 144, the Company may require, as a condition of allowing such transfer, that the Holder or transferee of this Warrant,

as the case may be, comply with the provisions of Section 5.7 of the Purchase Agreement.

e) Representation by the

Holder. The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereof,

will acquire the Warrant Shares issuable upon such exercise, for its own account and not with a view to or for distributing or reselling

such Warrant Shares or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to

sales registered or exempted under the Securities Act.

Section 5. Miscellaneous.

a) No Rights as Stockholder

Until Exercise; No Settlement in Cash. This Warrant does not entitle the Holder to any voting rights, dividends or other rights as

a stockholder of the Company prior to the exercise hereof as set forth in Section 2(d)(i) herein, except as expressly set forth

in Section 3. Without limiting any rights of a Holder to receive Warrant Shares on a “cashless exercise” pursuant to

Section 2(c) or to receive cash payments pursuant to Section 2(d)(iv) herein, in no event shall the Company be required

to net cash settle an exercise of this Warrant.

b) Loss, Theft, Destruction

or Mutilation of Warrant. The Company covenants that upon receipt by the Company of evidence reasonably satisfactory to it of the

loss, theft, destruction or mutilation of this Warrant or any stock certificate relating to the Warrant Shares, and in case of loss, theft

or destruction, of indemnity or security reasonably satisfactory to it (which, in the case of the Warrant, shall not include the posting

of any bond), and upon surrender and cancellation of such Warrant or stock certificate, if mutilated, the Company will make and deliver

a new Warrant or stock certificate of like tenor and dated as of such cancellation, in lieu of such Warrant or stock certificate.

c) Saturdays, Sundays,

Holidays, etc. If the last or appointed day for the taking of any action or the expiration of any right required or granted herein

shall not be a Trading Day, then, such action may be taken or such right may be exercised on the next succeeding Trading Day.

d) Authorized Shares.

i. The Company covenants that

during the period the Warrant is outstanding, it will reserve from its authorized and unissued Common Stock a sufficient number of shares

to provide for the issuance of the Warrant Shares upon the exercise of any purchase rights under this Warrant. The Company further covenants

that its issuance of this Warrant shall constitute full authority to its officers who are charged with the duty of issuing the necessary

Warrant Shares upon the exercise of the purchase rights under this Warrant. The Company will take all such reasonable action as may be

necessary to assure that such Warrant Shares may be issued as provided herein without violation of any applicable law or regulation, or

of any requirements of the Trading Market upon which the Common Stock may be listed. The Company covenants that all Warrant Shares which

may be issued upon the exercise of the purchase rights represented by this Warrant will, upon exercise of the purchase rights represented

by this Warrant and payment for such Warrant Shares in accordance herewith, be duly authorized, validly issued, fully paid and nonassessable

and free from all taxes, liens and charges created by the Company in respect of the issue thereof (other than taxes in respect of any

transfer occurring contemporaneously with such issue).

iii. Except and to the extent

as waived or consented to by the Holder, the Company shall not by any action, including, without limitation, amending its certificate

of incorporation or through any reorganization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or

any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms of this Warrant, but will at all

times in good faith assist in the carrying out of all such terms and in the taking of all such actions as may be necessary or appropriate

to protect the rights of Holder as set forth in this Warrant against impairment. Without limiting the generality of the foregoing, the

Company will (i) not increase the par value of any Warrant Shares above the amount payable therefor upon such exercise immediately

prior to such increase in par value, (ii) take all such action as may be necessary or appropriate in order that the Company may validly

and legally issue fully paid and nonassessable Warrant Shares upon the exercise of this Warrant and (iii) use commercially reasonable

efforts to obtain all such authorizations, exemptions or consents from any public regulatory body having jurisdiction thereof, as may

be, necessary to enable the Company to perform its obligations under this Warrant. Before taking any action which would result in an adjustment

in the number of Warrant Shares for which this Warrant is exercisable or in the Exercise Price, the Company shall obtain all such authorizations

or exemptions thereof, or consents thereto, as may be necessary from any public regulatory body or bodies having jurisdiction thereof.

e) Governing Law. All

questions concerning the construction, validity, enforcement and interpretation of this Warrant shall be governed by and construed and

enforced in accordance with the internal laws of the State of New York, without regard to the principles of conflicts of law thereof.

Each party agrees that all legal proceedings concerning the interpretations, enforcement and defense of the transactions contemplated

by this Warrant shall be commenced exclusively in the state and federal courts sitting in the City of New York. Each party hereby irrevocably

submits to the exclusive jurisdiction of the state and federal courts sitting in the City of New York, Borough of Manhattan for the adjudication

of any dispute hereunder or in connection herewith or with any transaction contemplated hereby or discussed herein, and hereby irrevocably

waives, and agrees not to assert in any suit, action or proceeding, any claim that it is not personally subject to the jurisdiction of

any such court, that such suit, action or proceeding is improper or is an inconvenient venue for such proceeding. Each party hereby irrevocably

waives personal service of process and consents to process being served in any such suit, action or proceeding by mailing a copy thereof

via registered or certified mail or overnight delivery (with evidence of delivery) to such party at the address in effect for notices

to it under this Warrant and agrees that such service shall constitute good and sufficient service of process and notice thereof. Nothing

contained herein shall be deemed to limit in any way any right to serve process in any other manner permitted by law. If either party

shall commence an action, suit or proceeding to enforce any provisions of this Warrant, the prevailing party in such action, suit or proceeding

shall be reimbursed by the other party for their reasonable attorneys’ fees and other costs and expenses incurred with the investigation,

preparation and prosecution of such action or proceeding.

f) Restrictions. The

Holder acknowledges that the Warrant Shares acquired upon the exercise of this Warrant, if not registered, and the Holder does not utilize

cashless exercise, will have restrictions upon resale imposed by state and federal securities laws.

g) Nonwaiver and Expenses.

No course of dealing or any delay or failure to exercise any right hereunder on the part of Holder shall operate as a waiver of such right

or otherwise prejudice the Holder’s rights, powers or remedies (notwithstanding the fact that the right to exercise this Warrant

terminates on the Termination Date). Without limiting any other provision of this Warrant, if the Company willfully and knowingly fails

to comply with any provision of this Warrant, which results in any material damages to the Holder, the Company shall pay to the Holder

such amounts as shall be sufficient to cover any costs and expenses including, but not limited to, reasonable attorneys’ fees, including

those of appellate proceedings, incurred by the Holder in collecting any amounts due pursuant hereto or in otherwise enforcing any of

its rights, powers or remedies hereunder.

h) Notices. Any and

all notices or other communications or deliveries to be provided by the Holders hereunder including, without limitation, any Notice of

Exercise, shall be in writing and delivered personally, by facsimile or e-mail, or sent by a nationally recognized overnight courier service,

addressed to the Company, at 128 Spring Street, Building C - Suite 500, Lexington, Massachusetts 02421, Attn: Chief Financial Officer

or e-mail: dduvall@curis.com and notices@curis.com or such other facsimile number, email address or address as the Company may specify

for such purposes by notice to the Holders. Any and all notices or other communications or deliveries to be provided by the Company hereunder

shall be in writing and delivered personally, by facsimile or e-mail, or sent by a nationally recognized overnight courier service addressed

to each Holder at the facsimile number, e-mail address or address of such Holder appearing on the books of the Company. Any notice or

other communication or deliveries hereunder shall be deemed given and effective on the earliest of (i) the time of transmission,

if such notice or communication is delivered via facsimile at the facsimile number or via e-mail at the e-mail address set forth in this

Section prior to 5:30 p.m. (New York City time) on any date, (ii) the next Trading Day after the time of transmission,

if such notice or communication is delivered via facsimile at the facsimile number or via e-mail at the e-mail address set forth in this

Section on a day that is not a Trading Day or later than 5:30 p.m. (New York City time) on any Trading Day, (iii) the second

Trading Day following the date of mailing, if sent by U.S. nationally recognized overnight courier service, or (iv) upon actual receipt

by the party to whom such notice is required to be given.

i) Limitation of Liability.

No provision hereof, in the absence of any affirmative action by the Holder to exercise this Warrant to purchase Warrant Shares, and no

enumeration herein of the rights or privileges of the Holder, shall give rise to any liability of the Holder for the purchase price of

any Common Stock or as a stockholder of the Company, whether such liability is asserted by the Company or by creditors of the Company.

j) Remedies. The Holder,

in addition to being entitled to exercise all rights granted by law, including recovery of damages, will be entitled to specific performance

of its rights under this Warrant. The Company agrees that monetary damages would not be adequate compensation for any loss incurred by

reason of a breach by it of the provisions of this Warrant and hereby agrees to waive and not to assert the defense in any action for

specific performance that a remedy at law would be adequate.

k) Successors and Assigns.

Subject to applicable securities laws, this Warrant and the rights and obligations evidenced hereby shall inure to the benefit of and

be binding upon the successors and permitted assigns of the Company and the successors and permitted assigns of Holder. The provisions

of this Warrant are intended to be for the benefit of any Holder from time to time of this Warrant and shall be enforceable by the Holder

or holder of Warrant Shares.

l) Amendment. This

Warrant may be modified or amended or the provisions hereof waived with the written consent of the Company, on the one hand, and the Holder,

on the other hand.

m) Severability. Wherever

possible, each provision of this Warrant shall be interpreted in such manner as to be effective and valid under applicable law, but if

any provision of this Warrant shall be prohibited by or invalid under applicable law, such provision shall be ineffective to the extent

of such prohibition or invalidity, without invalidating the remainder of such provisions or the remaining provisions of this Warrant.

n) Headings. The headings

used in this Warrant are for the convenience of reference only and shall not, for any purpose, be deemed a part of this Warrant.

o) Pre-Funded Warrants

in lieu of Common Stock. Notwithstanding anything to the contrary in this Warrant, to the extent the limitations set forth in Section 2(e) hereof

restrict the exercise of this Warrant into Warrant Shares, the Holder may choose, in lieu of receiving Warrant Shares upon exercise of

this Warrant, to receive a Pre-Funded Warrant to purchase an identical number of shares of Common Stock that it would have received upon

the exercise of this Warrant for shares of Common Stock; provided, however that the Exercise Price shall instead be the Exercise Price

less $0.01 per share, and the resulting issued Pre-Funded Warrant shall have an exercise price of $0.01 per share.

********************

(Signature Page Follows)

IN WITNESS WHEREOF, the Company

has caused this Warrant to be executed by its officer thereunto duly authorized as of the date first above indicated.

CURIS, INC.

By:

Name: Diantha Duvall

Title: Chief Financial Officer

NOTICE OF EXERCISE

TO: CURIS, INC.

(1)The undersigned hereby elects

to purchase ________ Warrant Shares of the Company pursuant to the terms of the attached Warrant (only if exercised in full), and tenders

herewith payment of the exercise price in full, together with all applicable transfer taxes, if any.

(2)Payment shall take the form

of (check applicable box):

[ ] in lawful money of the United States; or

[ ] if permitted the cancellation of such number

of Warrant Shares as is necessary, in accordance with the formula set forth in subsection 2(c), to exercise this Warrant with respect

to the maximum number of Warrant Shares purchasable pursuant to the cashless exercise procedure set forth in subsection 2(c).

(3)Please issue said Warrant

Shares in the name of the undersigned or in such other name as is specified below:

_______________________________

The Warrant Shares shall be delivered to the following

DWAC Account Number:

_______________________________

_______________________________

_______________________________

(4)Accredited Investor. The

undersigned is an “accredited investor” as defined in Regulation D promulgated under the Securities Act of 1933, as amended.

[SIGNATURE OF HOLDER]

Name of Investing Entity:

Signature of Authorized Signatory of Investing Entity:

Name of Authorized Signatory:

Title of Authorized Signatory:

Date:

ASSIGNMENT FORM

(To assign the foregoing Warrant, execute this

form and supply required information. Do not use this form to purchase shares.)

FOR VALUE RECEIVED, the foregoing Warrant and

all rights evidenced thereby are hereby assigned to

Name:

(Please Print)

Address:

(Please Print)

Phone Number:

Email Address:

Dated: _______________ , ______

Holder’s Signature:_____________________________

Holder’s Address:______________________________

EX-4.3 — EXHIBIT 4.3

EX-4.3

Filename: tm2627615d1_ex4-3.htm · Sequence: 4

Exhibit 4.3

AMENDMENT

TO

COMMON

STOCK PURCHASE WARRANTS

This AMENDMENT TO COMMON STOCK

PURCHASE WARRANTS (this “Amendment”) is entered into as of October 19, 2026, by and between Curis, Inc.,

a Delaware corporation (the “Company”), and [ ] (the “Holder”).

WHEREAS, the Company

issued to the Holder those certain [Series A Common Stock Purchase Warrants (the “Series A Warrants”) and

Series C Common Stock Purchase Warrants (the “Series C Warrants” and, together with the Series A Warrants,

the “January Warrants”) on January 8, 2026] / [, and certain Common Stock Purchase Warrants on August 13,

2026 (the “August Warrants” and, together with the January Warrants,] the “Original Warrants”);

[WHEREAS, the January Warrants

are exercisable, in the aggregate, for up to 1,126,676 shares of the Company’s common stock, par value $0.01 per share (the “Common

Stock”), at a per share exercise price equal to $15.00 (as adjusted for prior stock splits);]

[WHEREAS, the August Warrants

are exercisable, in the aggregate, for up to 3,733,334 shares of Common Stock at a per share exercise price equal to $1.50;]

WHEREAS, pursuant to

Section 5(l) of each of the Original Warrants, the Original Warrants may be modified or amended, or the provisions thereof waived,

with the written consent of the Company and the Holder; and

WHEREAS, the Company

and the Holder desire to amend the Original Warrants as set forth in this Amendment.

NOW, THEREFORE,

in consideration of the mutual agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which

are hereby acknowledged, and intending to be legally bound hereby, the Company and the Holder hereby agree as follows:

1. Amendment to Exercise

Price. Section 2(b) of each of the Original Warrants is hereby amended and restated in its entirety as follows:

“b) Exercise Price. The

exercise price per share of Common Stock under this Warrant shall be $0.60, subject to adjustment hereunder (the “Exercise Price”).”

2. No Further Amendment.

Except as amended by this Amendment, the Original Warrants remain unaltered and in full force and effect.

3. Governing Law; Jurisdiction.

All questions concerning the construction, validity, enforcement and interpretation of this Amendment shall be determined in accordance

with Section 5(e) of the Original Warrants.

4. Counterparts. This

Amendment may be executed in any number of counterparts, each of which will be deemed an original and all of which together will constitute

one and the same instrument. Signatures delivered by electronic mail (including as a PDF file) or other transmission method shall be deemed

to be original signatures, shall be valid and binding, and, upon delivery, shall constitute due execution of this Amendment.

[Signature page follows]

IN WITNESS WHEREOF, each of

the Company and the Holder has caused this Amendment to be executed and delivered by its officer thereunto duly authorized as of the date

first written above.

COMPANY

CURIS, INC.

By:

Name:

Title:

HOLDER

[HOLDER NAME]

By:

Name:

Title:

EX-4.4 — EXHIBIT 4.4

EX-4.4

Filename: tm2627615d1_ex4-4.htm · Sequence: 5

Exhibit 4.4

NOTICE AND CONSENT

October 19, 2026

WHEREAS, Curis, Inc.,

a Delaware corporation (the “Company”), issued a Warrant to Purchase Common Stock (the “Warrant”)

to the undersigned (the “Holder”) on August 14, 2026 with an exercise price per share of Common Stock under

the Warrant of $1.75, subject to adjustment as set forth therein (the “Exercise Price”).

WHEREAS, Section 3(g) of

the Warrant provides that the Company may at any time during the term of the Warrant, subject to the prior written consent of the Holder,

reduce the then current Exercise Price to any amount and for any period of time deemed appropriate by the board of directors of the Company

(the “Board”).

WHEREAS, the Board has deemed

it appropriate to reduce the Exercise Price to $0.60 per share of Common Stock under the Warrant.

NOW, THEREFORE, pursuant to

Section 3(g) of the Warrant, subject to the consent of the Holder, the Exercise Price is hereby reduced to $0.60 per share of

Common Stock under the Warrant (the “Exercise Price Reduction”). By signing below, the Holder hereby consents

to the Exercise Price Reduction as of the date set forth above.

Except as set forth herein,

the Warrant remains unaltered and in full force and effect. Signatures delivered by electronic mail (including as a PDF file) or other

transmission method shall be deemed to be original signatures, shall be valid and binding, and, upon delivery, shall constitute due execution

of this Notice and Consent.

COMPANY:

Curis, Inc.

By:

Name: Diantha Duvall

Title: Chief Financial Officer

Agreed and Accepted:

HOLDER:

[ ● ]

By:

Name:

Title:

EX-10.1 — EXHIBIT 10.1

EX-10.1

Filename: tm2627615d1_ex10-1.htm · Sequence: 6

Exhibit 10.1

SECURITIES

PURCHASE AGREEMENT

This Securities Purchase

Agreement (this “Agreement”) is dated as of October 16, 2026, between Curis, Inc., 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”).

WHEREAS, subject to the terms

and conditions set forth in this Agreement and pursuant to an exemption from the registration requirements of Section 5 of the Securities

Act contained in Section 4(a)(2) thereof, the Company desires to issue and sell to each Purchaser, and each Purchaser, severally

and not jointly, desires to purchase from the Company, securities of the Company as more fully described in this Agreement.

NOW, THEREFORE, IN CONSIDERATION

of the mutual covenants contained in this Agreement, and for other good and valuable consideration the receipt and adequacy of which

are hereby acknowledged, the Company and each Purchaser agree as follows:

ARTICLE I.

DEFINITIONS

1.1           Definitions.

In addition to the terms defined elsewhere in this Agreement, for all purposes of this Agreement, the following terms have the meanings

set forth in this Section 1.1:

“Acquiring Person”

shall have the meaning ascribed to such term in Section 4.4.

“Action”

shall have the meaning ascribed to such term in Section 3.1(j).

“Affiliate”

means any Person that, directly or indirectly through one or more intermediaries, controls or is controlled by or is under common control

with a Person as such terms are used in and construed under Rule 405 under the Securities Act.

“Board

of Directors” means the board of directors of the Company.

“Business

Day” means any day other than Saturday, Sunday or other day on which commercial banks in The City of New York are authorized

or required by law to remain closed.

“Closing”

means the closing of the purchase and sale of the Shares and Warrants pursuant to Section 2.1.

“Closing

Date” means the Trading Day on which all of the Transaction Documents have been executed and delivered by the applicable parties

thereto, and all conditions precedent to (i) the Purchasers’ obligations to pay the Subscription Amount and (ii) the

Company’s obligations to deliver the Shares and Warrants, in each case, have been satisfied or waived, but in no event later than

the second (2nd) Trading Day following the date hereof.

“Commission”

means the United States Securities and Exchange Commission.

“Common

Stock” means the common stock of the Company, par value $0.01 per share, and any other class of securities into which such

securities may hereafter be reclassified or changed.

“Common

Stock Equivalents” means any securities of the Company or the Subsidiaries which would entitle the holder thereof to acquire

at any time Common Stock, including, without limitation, any debt, preferred stock, right, option, warrant or other instrument that is

at any time convertible into or exercisable or exchangeable for, or otherwise entitles the holder thereof to receive, Common Stock.

“Common

Warrants” means the Common Stock purchase warrants delivered to the Purchasers at the Closing in accordance with Section 2.2(a)(x) hereof,

in the form of Exhibit A-2 attached hereto.

“Disclosure

Time” means, (i) if this Agreement is signed on a day that is not a Trading Day or after 9:00 a.m. (New York City

time) and before midnight (New York City time) on any Trading Day, 9:01 a.m. (New York City time) on the Trading Day immediately

following the date hereof, and (ii) if this Agreement is signed between midnight (New York City time) and 9:00 a.m. (New York

City time) on any Trading Day, no later than 9:01 a.m. (New York City time) on the date hereof.

“Environmental

Laws” shall have the meaning assigned to such term in Section 3.1(m).

“Evaluation

Date” shall have the meaning ascribed to such term in Section 3.1(s).

“Exchange

Act” means the Securities Exchange Act of 1934, as amended, and the rules and regulations promulgated thereunder.

“Exempt

Issuance” means the issuance of (a) shares of Common Stock, options, restricted stock awards, restricted stock units or

other equity awards to employees, officers, directors, consultants or advisors of the Company pursuant to any stock or option plan or

arrangement duly adopted for such purpose, by a majority of the non-employee members of the Board of Directors or a majority of the members

of a committee of non-employee directors established for such purpose for services rendered to the Company, (b) securities upon

the exercise or exchange of or conversion of the Securities issued hereunder and/or other securities exercisable or exchangeable for

or convertible into shares of Common Stock issued and outstanding on the date of this Agreement, provided that such securities have not

been amended since the date of this Agreement to increase the number of such securities or to decrease the exercise price, exchange price

or conversion price of such securities (other than in connection with stock splits or combinations) or to extend the term of such securities,

and (c) securities issued pursuant to acquisitions or strategic transactions approved by a majority of the disinterested directors

of the Company, provided that such securities are issued as “restricted securities” (as defined in Rule 144) and carry

no registration rights that require or permit the filing of any registration statement in connection therewith during the prohibition

period in Section 4.11 herein, and provided that any such issuance shall only be to a Person (or to the equityholders of a Person)

which is, itself or through its subsidiaries, an operating company or an owner of an asset in a business synergistic with the business

of the Company and shall provide to the Company additional benefits in addition to the investment of funds, but shall not include a transaction

in which the Company is issuing securities primarily for the purpose of raising capital or to an entity whose primary business is investing

in securities.

“FCPA”

means the Foreign Corrupt Practices Act of 1977, as amended.

“FDA”

shall have the meaning ascribed to such term in Section 3.1(hh).

“FDCA”

shall have the meaning ascribed to such term in Section 3.1(hh).

“GAAP”

shall have the meaning ascribed to such term in Section 3.1(h).

“Hazardous

Materials” shall have the meaning assigned to such term in Section 3.1(m).

“Intellectual

Property Rights” shall have the meaning ascribed to such term in Section 3.1(p).

“Liens”

means a lien, charge, pledge, security interest, encumbrance, right of first refusal, preemptive right or other restriction.

“Lock-Up

Agreements” means the Lock-Up Agreements by and between the Company and the directors and executive officers of the Company,

in the form of Exhibit C attached hereto.

“Material

Adverse Effect” shall have the meaning assigned to such term in Section 3.1(b).

“Material

Permits” shall have the meaning ascribed to such term in Section 3.1(n).

“Per Share

Purchase Price” equals $0.51.

“Person”

means an individual or corporation, partnership, trust, incorporated or unincorporated association, joint venture, limited liability

company, joint stock company, government (or an agency or subdivision thereof) or other entity of any kind.

“Pharmaceutical

Product” shall have the meaning ascribed to such term in Section 3.1(gg).

“Placement

Agents” means A.G.P./Alliance Global Partners and Laidlaw & Company (UK) Ltd.

“Pre-Funded

Warrant Purchase Price” equals $0.50.

“Pre-Funded

Warrants” means the pre-funded Common Stock purchase warrants delivered to the Purchasers at the Closing in accordance with

Section 2.2(a)(ix) hereof, in the form of Exhibit A-1 attached hereto.

“Proceeding”

means an action, claim, suit, investigation or proceeding (including, without limitation, a partial proceeding, such as a deposition),

whether commenced or threatened in writing.

“Purchaser

Party” shall have the meaning ascribed to such term in Section 4.7.

“Registration

Rights Agreement” means the Registration Rights Agreement, dated on or about the date hereof, in the form attached hereto as

Exhibit B, pursuant to which the Company will agree to provide certain registration rights in respect of the Shares and Warrant

Shares under the Securities Act and applicable state securities laws.

“Required

Approvals” shall have the meaning ascribed to such term in Section 3.1(e).

“Rule 144”

means Rule 144 promulgated by the Commission pursuant to the Securities Act, as such Rule may be amended or interpreted from

time to time, or any similar rule or regulation hereafter adopted by the Commission having substantially the same purpose and effect

as such Rule.

“SEC Reports”

shall have the meaning ascribed to such term in Section 3.1(h).

“Securities”

means the Shares, the Pre-Funded Warrants, the Common Warrants and the Warrant Shares.

“Securities

Act” means the Securities Act of 1933, as amended, and the rules and regulations promulgated thereunder.

“Shares”

means the shares of Common Stock issued to each Purchaser pursuant to this Agreement, but excluding the Warrant Shares.

“Short

Sales” means all “short sales” as defined in Rule 200 of Regulation SHO under the Exchange Act (but shall

not be deemed to include locating and/or borrowing shares of Common Stock).

“Subscription

Amount” means, as to each Purchaser, the aggregate amount to be paid for Shares and Warrants purchased hereunder as specified

below such Purchaser’s name on the signature page of this Agreement and next to the heading “Subscription Amount,”

in United States dollars and in immediately available funds.

“Subsidiary”

means any subsidiary of the Company as set forth in the SEC Reports, and shall, where applicable, also include any direct or indirect

subsidiary of the Company formed or acquired after the date hereof.

“Trading

Day” means a day on which the principal Trading Market is open for trading.

“Trading

Market” means any of the following markets or exchanges on which the Common Stock is listed or quoted for trading on the date

in question: the NYSE American, the Nasdaq Capital Market, the Nasdaq Global Market, the Nasdaq Global Select Market, the New York Stock

Exchange, OTCQB or OTCQX (or any successors to any of the foregoing).

“Transaction

Documents” means this Agreement, the Pre-Funded Warrants, the Common Warrants, the Registration Rights Agreement, all exhibits

and schedules thereto and hereto and any other documents or agreements executed with the Purchasers in connection with the transactions

contemplated hereunder.

“Transfer

Agent” means Computershare Trust Company, N.A., the current transfer agent of the Company, and any successor transfer agent

of the Company.

“Warrant

Shares” means, collectively, the shares of Common Stock issuable upon exercise of the Pre-Funded Warrants and Common Warrants.

“Warrants” means, collectively,

the Pre-Funded Warrants and the Common Warrants.

ARTICLE II.

PURCHASE AND SALE

2.1           Closing.

On the Closing Date, upon the terms and subject to the conditions set forth herein, the Company agrees to sell, and the Purchasers, severally

and not jointly, agree to purchase, an aggregate of $8,500,006.80 of Shares (or, in lieu thereof, Pre-Funded Warrants) and Common Warrants.

On the Closing Date, each Purchaser’s Subscription Amount as set forth on the signature page hereto executed by such Purchaser

shall be delivered by wire transfer to a bank account designated by the Company. The Company shall deliver to each Purchaser its respective

Shares and Warrants as determined pursuant to Section 2.2(a), and the Company and each Purchaser shall deliver the other items set

forth in Section 2.2 deliverable at the Closing. The Shares (or, in lieu thereof, Pre-Funded Warrants) will be sold in fixed combinations

with the Common Warrants, with each Purchaser receiving a Common Warrant to purchase 16,666,680 shares of Common Stock per each Share

(or, in lieu thereof, Pre-Funded Warrant) purchased by such Purchaser. Upon satisfaction of the covenants and conditions set forth in

Sections 2.2 and 2.3, the Closing shall occur remotely via the exchange of documents and signatures. On the Closing Date, the Company

shall issue the Shares in book entry form registered in the Purchasers’ names following receipt of payment therefor. The Company

shall issue the Warrants to each Purchaser in definitive form on the Closing Date.

2.2           Deliveries.

(a)           On

or prior to the Closing Date, the Company shall deliver or cause to be delivered to each Purchaser the following:

(i)            this

Agreement duly executed by the Company;

(ii)           the

Registration Rights Agreement duly executed by the Company;

(iii)          a

legal opinion of the Company’s counsel, directed to the Placement Agents and the Purchasers, in form and substance reasonably acceptable

to the Placement Agents and the Purchasers, as applicable;

(iv)          a

certificate evidencing the formation and good standing of the Company in the State of Delaware issued by the Secretary of State of the

State of Delaware as of a date within ten (10) days of the Closing Date;

(v)           a

certificate duly executed by the Chief Executive Officer or Chief Financial Officer of the Company, confirming the satisfaction of the

closing conditions set forth in Section 2.3(b);

(vi)          subject

to Section 2.1, the Company’s wire instructions;

(vii)         subject

to Section 2.1, a copy of the irrevocable instructions to the Transfer Agent instructing the Transfer Agent to issue the Shares

in book entry in the name of the Purchaser;

(viii)        subject

to Section 2.1, a Pre-Funded Warrant registered in the name of such Purchaser to purchase up to the number of shares of Common Stock

equal to any remaining portion of such Purchaser’s Subscription Amount which was not allocated to the purchase of Shares by such

Purchaser as set forth on such Purchaser’s signature page hereto, divided by the Pre-Funded Warrant Purchase Price (rounded

down to the nearest whole share), with an exercise price equal to $0.01 per share, subject to adjustment therein;

(ix)           subject

to Section 2.1, a Common Warrant registered in the name of such Purchaser, to purchase up to the number of shares of Common Stock

equal to 100% of the number of Shares (or, in lieu thereof, Pre-Funded Warrants) purchased by such Purchaser, with an exercise price

equal to $0.60 per share, subject to adjustment therein;

(x)            such

other documents, instruments or certificates relating to the transactions contemplated by this Agreement as such Purchaser may

reasonably request; and

(xi)           the

duly executed Lock-Up Agreements.

(b)           On

or prior to the Closing Date, each Purchaser shall deliver or cause to be delivered to the Company the following:

(i)            this

Agreement duly executed by such Purchaser;

(ii)           the

Registration Rights Agreement duly executed by such Purchaser; and

(iii)          such

Purchaser’s Subscription Amount, which shall be delivered by each such Purchaser to the Company at the bank account designated

by the Company.

2.3            Closing

Conditions.

(a)           The

obligations of the Company hereunder in connection with the Closing are subject to the following conditions being met:

(i)            the

accuracy in all material respects (or, to the extent representations or warranties are qualified by materiality or Material Adverse Effect,

in all respects) when made and on the Closing Date of the representations and warranties of the Purchasers contained herein (unless as

of a specific date therein in which case they shall be accurate as of such date);

(ii)            all

obligations, covenants and agreements of each Purchaser required to be performed at or prior to the Closing Date shall have been performed;

and

(iii)          the

delivery by each Purchaser of the items set forth in Section 2.2(b) of this Agreement.

(b)           The

respective obligations of the Purchasers hereunder in connection with the Closing are subject to the following conditions being met:

(i)            the

accuracy in all material respects (or, to the extent representations or warranties are qualified by materiality or Material Adverse Effect,

in all respects) when made and on the Closing Date of the representations and warranties of the Company contained herein (unless as of

a specific date therein in which case they shall be accurate as of such date);

(ii)           all

obligations, covenants and agreements of the Company required to be performed at or prior to the Closing Date shall have been performed;

(iii)          the

delivery by the Company of the items set forth in Section 2.2(a) of this Agreement;

(iv)          there

shall have been no Material Adverse Effect with respect to the Company since the date hereof;

(v)           no

judgment, writ, order, injunction, award or decree of or by any court, or judge, justice or magistrate, including any bankruptcy court

or judge, or any order of or by any governmental authority, shall have been issued, and no action or proceeding shall have been instituted

by any governmental authority, enjoining or preventing the consummation of the transactions contemplated hereby; and

(vi)          from

the date hereof to the Closing Date, trading in the Common Stock shall not have been suspended by the Commission or the Company’s

principal Trading Market, and, at any time prior to the Closing Date, trading in securities generally on any nationally recognized securities

exchange as reported by Bloomberg L.P. shall not have been suspended or limited, or minimum prices shall not have been established on

securities whose trades are reported by such service, or on any Trading Market, nor shall a banking moratorium have been declared either

by the United States or New York State authorities nor shall there have occurred any material outbreak or escalation of hostilities or

other national or international calamity of such magnitude in its effect on, or any material adverse change in, any financial market

which, in each case, in the reasonable judgment of such Purchaser, makes it impracticable or inadvisable to purchase the Shares and Warrants

at the Closing.

ARTICLE III.

REPRESENTATIONS AND WARRANTIES

3.1           Representations

and Warranties of the Company. Except as set forth in the SEC Reports, which SEC Reports shall be deemed a part hereof and shall

qualify any representation or otherwise made herein, the Company hereby makes the following representations and warranties to each Purchaser:

(a)           Subsidiaries.

All of the direct and indirect subsidiaries of the Company are set forth in the SEC Reports. Except as set forth in the SEC Reports,

the Company owns, directly or indirectly, all of the capital stock or other equity interests of each Subsidiary free and clear of any

Liens, and all of the issued and outstanding shares of capital stock of each Subsidiary are validly issued and are fully paid, non-assessable

and free of preemptive and similar rights to subscribe for or purchase securities.

(b)           Organization

and Qualification. The Company and each of the Subsidiaries is an entity duly incorporated or otherwise organized, validly existing

and in good standing under the laws of the jurisdiction of its incorporation or organization, with the requisite power and authority

to own and use its properties and assets and to carry on its business as currently conducted. Neither the Company nor any Subsidiary

is in violation nor default of any of the provisions of its respective certificate or articles of incorporation, bylaws or other organizational

or charter documents. Each of the Company and the Subsidiaries is duly qualified to conduct business and is in good standing as a foreign

corporation or other entity in each jurisdiction in which the nature of the business conducted or property owned by it makes such qualification

necessary, except where the failure to be so qualified or in good standing, as the case may be, would not have or reasonably be expected

to result in: (i) a material adverse effect on the legality, validity or enforceability of any Transaction Document, (ii) a

material adverse effect on the results of operations, assets, business, prospects or condition (financial or otherwise) of the Company

and the Subsidiaries, taken as a whole, or (iii) a material adverse effect on the Company’s ability to perform in any material

respect on a timely basis its obligations under any Transaction Document (any of (i), (ii) or (iii), a “Material Adverse

Effect”) and no Proceeding has been instituted in any such jurisdiction revoking, limiting or curtailing or seeking to revoke,

limit or curtail such power and authority or qualification.

(c)           Authorization;

Enforcement. The Company has the requisite corporate power and authority to enter into and to consummate the transactions contemplated

by this Agreement and each of the other Transaction Documents and otherwise to carry out its obligations hereunder and thereunder. The

execution and delivery of this Agreement and each of the other Transaction Documents by the Company and the consummation by it of the

transactions contemplated hereby and thereby have been duly authorized by all necessary action on the part of the Company and no further

action is required by the Company, the Board of Directors or the Company’s stockholders in connection herewith or therewith other

than in connection with the Required Approvals. This Agreement and each other Transaction Document to which it is a party has been (or

upon delivery will have been) duly executed by the Company and, when delivered in accordance with the terms hereof and thereof, will

constitute the valid and binding obligation of the Company enforceable against the Company in accordance with its terms, except (i) as

limited by general equitable principles and applicable bankruptcy, insolvency, reorganization, moratorium and other laws of general application

affecting enforcement of creditors’ rights generally, (ii) as limited by laws relating to the availability of specific performance,

injunctive relief or other equitable remedies and (iii) insofar as indemnification and contribution provisions may be limited by

applicable law.

(d)           No

Conflicts. The execution, delivery and performance by the Company of this Agreement and the other Transaction Documents to which

it is a party, the issuance and sale of the Securities (including the issuance of Warrant Shares upon the exercise of the Warrants) and

the consummation by it of the transactions contemplated hereby and thereby do not and will not (i) conflict with or violate any

provision of the Company’s or any Subsidiary’s certificate or articles of incorporation, bylaws or other organizational or

charter documents, or (ii) conflict with, or constitute a default (or an event that with notice or lapse of time or both would become

a default) under, result in the creation of any Lien upon any of the properties or assets of the Company or any Subsidiary, or give to

others any rights of termination, amendment, anti-dilution or similar adjustments, acceleration or cancellation (with or without notice,

lapse of time or both) of, any agreement, credit facility, debt or other instrument (evidencing a Company or Subsidiary debt or otherwise)

to which the Company or any Subsidiary is a party or by which any property or asset of the Company or any Subsidiary is bound or affected,

or (iii) subject to the Required Approvals, conflict with or result in a violation of any law, rule, regulation, order, judgment,

injunction, decree or other restriction of any court or governmental authority to which the Company or a Subsidiary is subject (including

federal and state securities laws and regulations), or by which any property or asset of the Company or a Subsidiary is bound or affected;

except in the case of each of clauses (ii) and (iii), such as would not have or reasonably be expected to result in a Material Adverse

Effect.

(e)           Filings,

Consents and Approvals. The Company is not required to obtain any consent, waiver, authorization or order of, give any notice to,

or make any filing or registration with, any court or other federal, state, local or other governmental authority or other Person in

connection with the execution, delivery and performance by the Company of the Transaction Documents, other than: (i) the filings

required pursuant to Section 4.3 of this Agreement, (ii) filings made pursuant to the Registration Rights Agreement, (iii) notice

and/or application(s) to each applicable Trading Market for the listing of the Shares and Warrant Shares for trading thereon in

the time and manner required thereby and (iv) such filings as are required to be made under applicable state securities laws and/or

the rules of the Financial Industry Regulatory Authority, Inc. (collectively, the “Required Approvals”).

(f)            Issuance

of the Securities; Registration. The Shares and Warrants are duly authorized and, when issued and paid for in accordance with the

applicable Transaction Documents, will be duly and validly issued, fully paid and nonassessable, free and clear of all Liens imposed

by the Company. The Warrant Shares when issued and paid for in accordance with the terms of the Warrants, will be validly issued, fully

paid and nonassessable, free and clear of all Liens imposed by the Company. The Company has reserved from its duly authorized capital

stock the maximum number of shares of Common Stock issuable pursuant to this Agreement and the Warrants.

(g)           Capitalization.

As of September 30, 2026, there were 4,104,712 shares of Common Stock outstanding. The capitalization of the Company is as set forth

in the SEC Reports as of the dates specified therein. Except as set forth in the SEC Reports, the Company has not issued any capital

stock since its most recently filed periodic report under the Exchange Act, other than the issuance of incentive awards to employees

and the exercise of warrants. Except as disclosed in the SEC Reports or as has been waived, no Person has any right of first refusal,

preemptive right, right of participation, or any similar right to participate in the transactions contemplated by the Transaction Documents.

Except as a result of the purchase and sale of the Securities and as disclosed in the SEC Reports, there are no outstanding options,

warrants, scrip rights to subscribe to, calls or commitments of any character whatsoever relating to, or securities, rights or obligations

convertible into or exercisable or exchangeable for, or giving any Person any right to subscribe for or acquire, any shares of Common

Stock or the capital stock of any Subsidiary, or contracts, commitments, understandings or arrangements by which the Company or any Subsidiary

is or may become bound to issue additional shares of Common Stock or Common Stock Equivalents or capital stock of any Subsidiary. The

issuance and sale of the Securities (including the issuance of the Warrant Shares upon exercise of the Warrants) will not obligate the

Company or any Subsidiary to issue shares of Common Stock or other securities to any Person (other than the Purchasers). There are no

outstanding securities or instruments of the Company or any Subsidiary with any provision that adjusts the exercise, conversion, exchange

or reset price of such security or instrument upon an issuance of securities by the Company or any Subsidiary. There are no outstanding

securities or instruments of the Company or any Subsidiary that contain any redemption or similar provisions, and there are no contracts,

commitments, understandings or arrangements by which the Company or any Subsidiary is or may become bound to redeem a security of the

Company or such Subsidiary. The Company does not have any stock appreciation rights or “phantom stock” plans or agreements

or any similar plan or agreement. All of the outstanding shares of capital stock of the Company were duly authorized, validly issued,

fully paid and nonassessable, have been issued in compliance with all federal and state securities laws, and none of such outstanding

shares was issued in violation of any preemptive rights or similar rights to subscribe for or purchase securities. No further approval

or authorization of any stockholder, the Board of Directors or others is required for the issuance and sale of the Securities. Other

than this Agreement and the Registration Rights Agreement, there are no stockholders agreements, voting agreements or other similar agreements

with respect to the Company’s capital stock to which the Company is a party or, to the knowledge of the Company, between or among

any of the Company’s stockholders.

(h)           SEC

Reports; Financial Statements. The Company has filed all reports, schedules, forms, statements and other documents required to be

filed by the Company under the Securities Act and the Exchange Act, including pursuant to Section 13(a) or 15(d) thereof,

for the two years preceding the date hereof (or such shorter period as the Company was required by law or regulation to file such material)

(the foregoing materials, including the exhibits thereto and documents incorporated by reference therein, being collectively referred

to herein as the “SEC Reports”) on a timely basis or has received a valid extension of such time of filing and has

filed any such SEC Reports prior to the expiration of any such extension. As of their respective dates, the SEC Reports complied in all

material respects with the requirements of the Securities Act and the Exchange Act, as applicable, and none of the SEC Reports, when

filed, contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary

in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. The Company has

never been an issuer subject to Rule 144(i) under the Securities Act. The financial statements of the Company included in the

SEC Reports complied in all material respects with applicable accounting requirements and the rules and regulations of the Commission

with respect thereto as in effect at the time of filing. Such financial statements have been prepared in accordance with United States

generally accepted accounting principles applied on a consistent basis during the periods involved (“GAAP”), except

as may be otherwise specified in such financial statements or the notes thereto and except that unaudited financial statements may not

contain all footnotes required by GAAP, and fairly present in all material respects the financial position of the Company and its consolidated

Subsidiaries as of and for the dates thereof and the results of operations and cash flows for the periods then ended, subject, in the

case of unaudited statements, to normal, immaterial, year-end audit adjustments.

(i)            Material

Changes; Undisclosed Events, Liabilities or Developments. Since the date of the most recent unaudited financial statements included

within the SEC Reports, except as disclosed in the SEC Reports, (i) there has been no event, occurrence or development that has

had or that would reasonably be expected to result in a Material Adverse Effect, (ii) the Company has not incurred any liabilities

(contingent or otherwise) other than (A) trade payables and accrued expenses incurred in the ordinary course of business consistent

with past practice and (B) liabilities not required to be reflected in the Company’s financial statements pursuant to GAAP

or disclosed in filings made with the Commission, (iii) the Company has not altered its method of accounting, (iv) the Company

has not declared or made any dividend or distribution of cash or other property to its stockholders or purchased, redeemed or made any

agreements to purchase or redeem any shares of its capital stock and (v) the Company has not issued any equity securities to any

officer, director or Affiliate, except pursuant to existing Company equity plans or arrangements. The Company does not have pending before

the Commission any request for confidential treatment of information.

(j)            Litigation.

There is no action, suit, inquiry, notice of violation, proceeding or investigation pending or, to the knowledge of the Company, threatened

in writing against or affecting the Company, any Subsidiary or any of their respective properties before or by any court, arbitrator,

governmental or administrative agency or regulatory authority (federal, state, county, local or foreign) (collectively, an “Action”),

which (i) adversely affects or challenges the legality, validity or enforceability of any of the Transaction Documents or the Securities

or (ii) would, if there were an unfavorable decision, have or reasonably be expected to result in a Material Adverse Effect. Neither

the Company nor any Subsidiary, nor any director or officer thereof (in his or her capacity as such), is or has been the subject of any

Action involving a claim of violation of or liability under federal or state securities laws or a claim of breach of fiduciary duty.

There has not been, and to the knowledge of the Company, there is not pending or contemplated, any investigation by the Commission involving

the Company or any current or former director or officer of the Company (in his or her capacity as such). The Commission has not issued

any stop order or other order suspending the effectiveness of any registration statement filed by the Company or any Subsidiary under

the Exchange Act or the Securities Act.

(k)           Labor

Relations. No labor dispute exists or, to the knowledge of the Company, is imminent with respect to any of the employees of the Company,

which would reasonably be expected to result in a Material Adverse Effect. None of the Company’s or its Subsidiaries’ employees

is a member of a union that relates to such employee’s relationship with the Company or such Subsidiary, and neither the Company

nor any of its Subsidiaries is a party to a collective bargaining agreement, and the Company and its Subsidiaries believe that their

relationships with their employees are good. To the knowledge of the Company, no executive officer of the Company or any Subsidiary,

is, or is now expected to be, in violation of any material term of any employment contract, confidentiality, disclosure or proprietary

information agreement or non-competition agreement, or any other contract or agreement or any restrictive covenant in favor of any third

party, and the continued employment of each such executive officer does not subject the Company or any of its Subsidiaries to any liability

with respect to any of the foregoing matters. The Company and its Subsidiaries are in compliance with all U.S. federal, state, local

and foreign laws and regulations relating to employment and employment practices, terms and conditions of employment and wages and hours,

except where the failure to be in compliance would not, individually or in the aggregate, reasonably be expected to have a Material Adverse

Effect.

(l)            Compliance.

Neither the Company nor any Subsidiary: (i) is in default under or in violation of (and no event has occurred that has not been

waived that, with notice or lapse of time or both, would result in a default by the Company or any Subsidiary under), nor has the Company

or any Subsidiary received written notice of a claim that it is in default under or that it is in violation of, any indenture, loan or

credit agreement or any other agreement or instrument to which it is a party or by which it or any of its properties is bound (whether

or not such default or violation has been waived), (ii) is in violation of any judgment, decree or order of any court, arbitrator

or other governmental authority or (iii) is or has been in violation of any statute, rule, ordinance or regulation of any governmental

authority, including without limitation all foreign, federal, state and local laws relating to taxes, environmental protection, occupational

health and safety, product quality and safety and employment and labor matters, except in each case as would not have or reasonably be

expected to result in a Material Adverse Effect.

(m)           Environmental

Laws. The Company and its Subsidiaries (i) are in compliance

with all federal, state, local and foreign laws relating to pollution or protection of human health or the environment (including ambient

air, surface water, groundwater, land surface or subsurface strata), including laws relating to emissions, discharges, releases or threatened

releases of chemicals, pollutants, contaminants, or toxic or hazardous substances or wastes (collectively, “Hazardous Materials”)

into the environment, or otherwise relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport

or handling of Hazardous Materials, as well as all authorizations, codes, decrees, demands, or demand letters, injunctions, judgments,

licenses, notices or notice letters, orders, permits, plans or regulations, issued, entered, promulgated or approved thereunder (“Environmental

Laws”); (ii) have received all permits licenses or other approvals required of them under applicable Environmental Laws

to conduct their respective businesses; and (iii) are in compliance with all terms and conditions of any such permit, license or

approval where in each clause (i), (ii) and (iii), the failure to so comply would be reasonably expected to have, individually or

in the aggregate, a Material Adverse Effect.

(n)            Regulatory

Permits. The Company and the Subsidiaries possess all certificates, authorizations and permits issued by the appropriate federal,

state, local or foreign regulatory authorities necessary to conduct their respective businesses as described in the SEC Reports, except

where the failure to possess such permits would not reasonably be expected to result in a Material Adverse Effect (“Material

Permits”), and neither the Company nor any Subsidiary has received any notice of proceedings relating to the revocation or

modification of any Material Permit.

(o)            Title

to Assets. The Company and the Subsidiaries have good and marketable title in fee simple to all real property owned by them and good

and marketable title in all personal property owned by them that is material to the business of the Company and the Subsidiaries, in

each case free and clear of all Liens, except for (i) Liens as do not materially affect the value of such property and do not materially

interfere with the use made and proposed to be made of such property by the Company and the Subsidiaries, (ii) Liens for the payment

of federal, state or other taxes, for which appropriate reserves have been made therefor in accordance with GAAP and, the payment of

which is neither delinquent nor subject to penalties and (iii) Liens that would not, individually or in the aggregate, have or reasonably

be expected to have a Material Adverse Effect. Any real property and facilities held under lease by the Company and the Subsidiaries

are held by them under valid, subsisting and enforceable leases with which the Company and the Subsidiaries are in compliance in all

material respects.

(p)           Intellectual

Property. The Company and the Subsidiaries have, or have rights to use, all patents, patent applications, trademarks, trademark applications,

service marks, trade names, trade secrets, inventions, copyrights, licenses and other intellectual property rights and similar rights

necessary or required for use in connection with their respective businesses as described in the SEC Reports and where the failure to

so have would have a Material Adverse Effect (collectively, the “Intellectual Property Rights”). Neither the Company

nor any Subsidiary has received a written notice that any of the material Intellectual Property Rights has expired, terminated or been

abandoned, or is expected to expire or terminate or be abandoned, within two (2) years from the date of this Agreement, other than

in accordance with the terms of the Intellectual Property Rights. Neither the Company nor any Subsidiary has received, since the date

of the most recent unaudited financial statements included within the SEC Reports, a written notice of a claim or otherwise has any knowledge

that the Intellectual Property Rights violate or infringe upon the rights of any Person, except as would not have or reasonably be expected

to not have a Material Adverse Effect. To the knowledge of the Company, all such Intellectual Property Rights are enforceable and there

is no material existing infringement by another Person of any of the Intellectual Property Rights. The Company and its Subsidiaries have

taken reasonable security measures to protect the secrecy, confidentiality and value of all of their intellectual properties, except

where failure to do so would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

(q)           Insurance.

The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in

such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged. Neither the Company

nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage

expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase

in cost.

(r)            Related

Person Transactions. There are no business relationships or related person transactions, as defined in Item 404 of Regulation S-K under

the Exchange Act, involving the Company or any subsidiary or any other person required to be described in the SEC Reports which have

not been described as required.

(s)           Sarbanes-Oxley;

Internal Accounting Controls. The Company and the Subsidiaries are in compliance in all material respects with any and all applicable

requirements of the Sarbanes-Oxley Act of 2002 that are effective as of the date hereof, and any and all applicable rules and regulations

promulgated by the Commission thereunder that are effective as of the date hereof and as of the Closing Date. The Company and the Subsidiaries

maintain a system of internal accounting controls sufficient to provide reasonable assurance that: (i) transactions are executed

in accordance with management’s general or specific authorizations, (ii) transactions are recorded as necessary to permit

preparation of financial statements in conformity with GAAP and to maintain asset accountability, (iii) access to assets is permitted

only in accordance with management’s general or specific authorization, and (iv) the recorded accountability for assets is

compared with the existing assets at reasonable intervals and appropriate action is taken with respect to any differences. The Company

and the Subsidiaries have established disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e))

for the Company and the Subsidiaries and designed such disclosure controls and procedures to ensure that information required to be disclosed

by the Company in the reports it files or submits under the Exchange Act is recorded, processed, summarized and reported, within the

time periods specified in the Commission’s rules and forms. The Company’s certifying officers have evaluated the effectiveness

of the disclosure controls and procedures of the Company and the Subsidiaries as of the end of the period covered by the most recently

filed periodic report under the Exchange Act (such date, the “Evaluation Date”). The Company presented in its most

recently filed periodic report under the Exchange Act the conclusions of the certifying officers about the effectiveness of the disclosure

controls and procedures based on their evaluations as of the Evaluation Date. Since the Evaluation Date, there have been no changes in

the internal control over financial reporting (as such term is defined in the Exchange Act) of the Company and its Subsidiaries that

have materially affected, or is reasonably likely to materially affect, the internal control over financial reporting of the Company

and its Subsidiaries.

(t)            Certain

Fees. Except for fees and commissions payable by the Company to the Placement Agents in connection with this transaction, no brokerage

or finder’s fees or commissions are or will be payable by the Company or any Subsidiary to any broker, financial advisor or consultant,

finder, placement agent, investment banker, bank or other Person with respect to the transactions contemplated by the Transaction Documents.

The Purchasers shall have no obligation with respect to any fees or with respect to any claims made by or on behalf of other Persons

for fees of a type contemplated in this Section that may be due in connection with the transactions contemplated by the Transaction

Documents.

(u)           Investment

Company. The Company is not, and immediately after receipt of payment for the Shares and Warrants will not be, an “investment

company” within the meaning of the Investment Company Act of 1940, as amended.

(v)           Registration

Rights. Except as set forth in the SEC Reports and in the Registration Rights Agreement, no Person has any right to cause the Company

or any Subsidiary to effect the registration under the Securities Act of any securities of the Company or any Subsidiary.

(w)          Listing

and Maintenance Requirements. The Common Stock is registered pursuant to Section 12(b) or 12(g) of the Exchange Act,

and the Company has taken no action designed to terminate, or which to its knowledge is likely to have the effect of, terminating the

registration of the Common Stock under the Exchange Act nor has the Company received any notification that the Commission is contemplating

terminating such registration. Except as set forth in the SEC Reports, the Company has not, in the 12 months preceding the date hereof,

received notice from any Trading Market on which the Common Stock is or has been listed or quoted to the effect that the Company is not

in compliance with the listing or maintenance requirements of such Trading Market. The Common Stock is currently eligible for electronic

transfer through the Depository Trust Company or another established clearing corporation and the Company is current in payment of the

fees to the Depository Trust Company (or such other established clearing corporation) in connection with such electronic transfer.

(x)            Disclosure.

Except with respect to the material terms and conditions of the transactions contemplated by the Transaction Documents and the information

on Schedule A that has been orally conveyed to each of the Purchasers, the Company confirms that neither it nor any other Person acting

on its behalf has provided any of the Purchasers or their agents or counsel with any information that it believes constitutes or might

constitute material, non-public information. The Company understands and confirms that the Purchasers will rely on the foregoing representation

in effecting transactions in securities of the Company. All of the disclosure furnished by or on behalf of the Company to the Purchasers

regarding the Company and its Subsidiaries, their respective businesses and the transactions contemplated hereby is true and correct

in all material respects as of the date made and does not contain any untrue statement of a material fact or omit to state any material

fact necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading

(it being understood that such disclosure furnished by or on behalf of the Company to the Purchasers includes the SEC Reports). The Company

acknowledges and agrees that no Purchaser makes or has made any representations or warranties with respect to the transactions contemplated

hereby other than those specifically set forth in Section 3.2 hereof.

(y)           No

Integrated Offering. Assuming the accuracy of the Purchasers’ representations and warranties set forth in Section 3.2,

neither the Company, nor any of its Affiliates, nor any Person acting on its or their behalf has, directly or indirectly, made any offers

or sales of any security or solicited any offers to buy any security, under circumstances that would cause this offering of the Securities

to be integrated with prior offerings by the Company for purposes of (i) the Securities Act which would require the registration

of the Securities under the Securities Act or (ii) any applicable shareholder approval provisions of any Trading Market on which

any of the securities of the Company are listed or designated.

(z)            Tax

Status. Except for matters that would not, individually or in the aggregate, have or reasonably be expected to result in a Material

Adverse Effect, the Company and its Subsidiaries each (i) has made or filed all United States federal, state and local income and

all foreign income and franchise tax returns, reports and declarations required by any jurisdiction to which it is subject, (ii) has

paid all taxes and other governmental assessments and charges that are material in amount, shown or determined to be due on such returns,

reports and declarations, except for such taxes, if any, as are being contested in good faith and as to which adequate reserves have

been established by the Company and (iii) has set aside on its books provision reasonably adequate for the payment of all material

taxes for periods subsequent to the periods to which such returns, reports or declarations apply. There are no unpaid taxes in any material

amount claimed to be due by the taxing authority of any jurisdiction, and the officers of the Company or of any Subsidiary know of no

basis for any such claim.

(aa)         Solvency.

Based on the consolidated financial condition of the Company as of the Closing Date, after giving effect to the receipt by the Company

of the proceeds from the sale of the Securities hereunder, (i) the fair saleable value of the Company’s assets exceeds the

amount that will be required to be paid on or in respect of the Company’s existing debts and other liabilities (including known

contingent liabilities) as they mature, (ii) the Company’s assets do not constitute unreasonably small capital to carry on

its business as now conducted and as proposed to be conducted including its capital needs taking into account the particular capital

requirements of the business conducted by the Company, consolidated and projected capital requirements and capital availability thereof,

and (iii) the current cash flow of the Company, together with the proceeds the Company would receive, were it to liquidate all of

its assets, after taking into account all anticipated uses of the cash, would be sufficient to pay all amounts on or in respect of its

liabilities when such amounts are required to be paid. The Company does not intend to incur debts beyond its ability to pay such debts

as they mature (taking into account the timing and amounts of cash to be payable on or in respect of its debt). The Company has no knowledge

of any facts or circumstances which lead it to believe that it will file for reorganization or liquidation under the bankruptcy or reorganization

laws of any jurisdiction within six (6) months from the Closing Date.

(bb)         Indebtedness.

Neither the Company nor any of its Subsidiaries, (i) except as disclosed in the SEC Reports, has any outstanding debt securities,

notes, credit agreements, credit facilities or other agreements, documents or instruments evidencing Indebtedness of the Company or any

of its Subsidiaries or by which the Company or any of its Subsidiaries is or may become bound, (ii) has any financing statements

securing obligations in any amounts filed in connection with the Company or any of its Subsidiaries; (iii) is in violation of any

term of, or in default under, any contract, agreement or instrument relating to any Indebtedness, except where such violations and defaults

would not result, individually or in the aggregate, in a Material Adverse Effect, or (iv) is a party to any contract, agreement

or instrument relating to any Indebtedness, the performance of which, in the judgment of the Company’s officers, has or is expected

to have a Material Adverse Effect. For purposes of this Agreement: (x) “Indebtedness” of any Person means, without duplication

(A) all indebtedness for borrowed money, (B) all obligations issued, undertaken or assumed as the deferred purchase price of

property or services (including, without limitation, “finance leases” in accordance with GAAP) (other than trade payables

entered into in the ordinary course of business consistent with past practice), (C) all reimbursement or payment obligations, currently

due and payable, with respect to letters of credit, surety bonds and other similar instruments, (D) all obligations evidenced by

notes, bonds, debentures or similar instruments, including obligations so evidenced incurred in connection with the acquisition of property,

assets or businesses, (E) all indebtedness created or arising under any conditional sale or other title retention agreement, or

incurred as financing, in either case with respect to any property or assets acquired with the proceeds of such indebtedness (even though

the rights and remedies of the seller or bank under such agreement in the event of default are limited to repossession or sale of such

property), (F) all monetary obligations under any leasing or similar arrangement which, in connection with GAAP, consistently applied

for the periods covered thereby, is classified as a finance lease, (G) all indebtedness referred to in clauses (A) through

(F) above secured by (or for which the holder of such Indebtedness has an existing right, contingent or otherwise, to be secured

by) any Lien upon or in any property or assets (including accounts and contract rights) owned by any Person, even though the Person which

owns such assets or property has not assumed or become liable for the payment of such indebtedness, and (H) all Contingent Obligations

in respect of indebtedness or obligations of others of the kinds referred to in clauses (A) through (G) above; and (y) “Contingent

Obligation” means, as to any Person, any direct or indirect liability, contingent or otherwise, of that Person with respect to

any Indebtedness, lease, dividend or other obligation of another Person if the primary purpose or intent of the Person incurring such

liability, or the primary effect thereof, is to provide assurance to the obligee of such liability that such liability will be paid or

discharged, or that any agreements relating thereto will be complied with, or that the holders of such liability will be protected (in

whole or in part) against loss with respect thereto.

(cc)         Foreign

Corrupt Practices. Neither the Company nor any Subsidiary, nor to the knowledge of the Company or any Subsidiary, any agent or other

person acting on behalf of the Company or any Subsidiary, has (i) directly or indirectly, used any funds for unlawful contributions,

gifts, entertainment or other unlawful expenses related to foreign or domestic political activity, (ii) made any unlawful payment

to foreign or domestic government officials or employees or to any foreign or domestic political parties or campaigns from corporate

funds, (iii) failed to disclose fully any contribution made by the Company or any Subsidiary (or made by any person acting on its

behalf of which the Company is aware) which is in violation of law, or (iv) violated in any material respect any provision of FCPA.

(dd)         Accountants.

The Company’s accounting firm is PricewaterhouseCoopers LLP. To the knowledge and belief of the Company, such accounting firm is

a registered public accounting firm as required by the Exchange Act.

(ee)         Acknowledgment

Regarding Purchasers’ Purchase of Securities. The Company acknowledges and agrees that each of the Purchasers is acting solely

in the capacity of an arm’s length purchaser with respect to the Transaction Documents and the transactions contemplated thereby.

The Company further acknowledges that no Purchaser is acting as a financial advisor or fiduciary of the Company (or in any similar capacity)

with respect to the Transaction Documents and the transactions contemplated thereby and any advice given by any Purchaser or any of their

respective representatives or agents in connection with the Transaction Documents and the transactions contemplated thereby is merely

incidental to the Purchasers’ purchase of the Securities. The Company further represents to each Purchaser that the Company’s

decision to enter into this Agreement and the other Transaction Documents has been based solely on the independent evaluation of the

transactions contemplated hereby by the Company and its representatives. The Company has not relied upon the Placement Agents or any

of its or their Affiliates or representatives for any legal, tax or accounting advice in connection with the offering and sale of the

Securities.

(ff)           Acknowledgment

Regarding Purchaser’s Trading Activity. Anything in this Agreement or elsewhere herein to the contrary notwithstanding (except

for Sections 3.2(g) and 4.14 hereof), it is understood and acknowledged by the Company that: (i) none of the Purchasers has

been asked by the Company to agree, nor has any Purchaser agreed, to desist from purchasing or selling, long and/or short, securities

of the Company, or “derivative” securities based on securities issued by the Company or to hold the Securities for any specified

term (except in accordance with the securities laws); (ii) past or future open market or other transactions by any Purchaser, specifically

including, without limitation, Short Sales or “derivative” transactions, before or after the closing of this or future private

placement transactions, may negatively impact the market price of the Company’s publicly-traded securities; (iii) any Purchaser,

and counter-parties in “derivative” transactions to which any such Purchaser is a party, directly or indirectly, presently

may have a “short” position in the Common Stock, and (iv) each Purchaser shall not be deemed to have any affiliation

with or control over any arm’s length counter-party in any “derivative” transaction. The Company further understands

and acknowledges that (y) one or more Purchasers may engage in hedging activities at various times during the period that the Securities

are outstanding, and (z) such hedging activities (if any) could reduce the value of the existing stockholders' equity interests

in the Company at and after the time that the hedging activities are being conducted. The Company acknowledges that such aforementioned

hedging activities do not constitute a breach of any of the Transaction Documents.

(gg)         Regulation

M Compliance.  The Company has not, and to its knowledge no one acting on its behalf has, (i) taken, directly or indirectly,

any action designed to cause or to result in the stabilization or manipulation of the price of any security of the Company to facilitate

the sale or resale of any of the Securities, (ii) sold, bid for, purchased, or, paid any compensation for soliciting purchases of,

any of the Securities, or (iii) paid or agreed to pay to any Person any compensation for soliciting another to purchase any other

securities of the Company, other than, in the case of clauses (ii) and (iii), compensation paid to the Placement Agents in connection

with the placement of the Securities.

(hh)         FDA.

As to each product subject to the jurisdiction of the U.S. Food and Drug Administration (“FDA”) under the Federal

Food, Drug and Cosmetic Act, as amended, and the regulations thereunder (“FDCA”) that is manufactured, packaged, labeled,

tested, distributed, sold, and/or marketed by the Company or any of its Subsidiaries (each such product, a “Pharmaceutical Product”),

such Pharmaceutical Product is being manufactured, packaged, labeled, tested, distributed, sold and/or marketed by the Company in compliance

with all applicable requirements under FDCA and similar laws, rules and regulations relating to registration, investigational use,

premarket clearance, licensure, or application approval, good manufacturing practices, good laboratory practices, good clinical practices,

product listing, quotas, labeling, advertising, record keeping and filing of reports, except where the failure to be in compliance would

not have a Material Adverse Effect. There is no pending, completed or, to the Company's knowledge, threatened in writing, action (including

any lawsuit, arbitration, or legal or administrative or regulatory proceeding, charge, complaint, or investigation) against the Company

or any of its Subsidiaries, and none of the Company or any of its Subsidiaries has received any notice, warning letter or other communication

from the FDA or any other governmental entity, which (i) contests the premarket clearance, licensure, registration, or approval

of, the uses of, the distribution of, the manufacturing or packaging of, the testing of, the sale of, or the labeling and promotion of

any Pharmaceutical Product, (ii) withdraws its approval of, requests the recall, suspension, or seizure of, or withdraws or orders

the withdrawal of advertising or sales promotional materials relating to, any Pharmaceutical Product, (iii) imposes a clinical hold

on any clinical investigation by the Company or any of its Subsidiaries, (iv) enjoins production at any facility of the Company

or any of its Subsidiaries, (v) enters or proposes to enter into a consent decree of permanent injunction with the Company or any

of its Subsidiaries, or (vi) otherwise alleges any violation of any laws, rules or regulations by the Company or any of its

Subsidiaries, and which, either individually or in the aggregate, would have a Material Adverse Effect. The properties, business and

operations of the Company have been and are being conducted in all material respects in accordance with all applicable laws, rules and

regulations of the FDA. The Company has not been informed by the FDA that the FDA will prohibit the marketing, sale, license or use in

the United States of any product proposed to be developed, produced or marketed by the Company nor has the FDA expressed any concern

as to approving or clearing for marketing any product being developed or proposed to be developed by the Company.

(ii)           Office

of Foreign Assets Control. Neither the Company nor any Subsidiary nor, to the Company's knowledge, any director, officer, agent,

employee or affiliate of the Company or any Subsidiary is currently subject to any U.S. sanctions administered by the Office of Foreign

Assets Control of the U.S. Treasury Department.

(jj)           Money

Laundering. The operations of the Company and its Subsidiaries are and have been conducted at all times in compliance with applicable

financial record-keeping and reporting requirements of the Currency and Foreign Transactions Reporting Act of 1970, as amended, applicable

money laundering statutes and applicable rules and regulations thereunder (collectively, the “Money Laundering Laws”),

and no Action or Proceeding by or before any court or governmental agency, authority or body or any arbitrator involving the Company

or any Subsidiary with respect to the Money Laundering Laws is pending or, to the knowledge of the Company or any Subsidiary, threatened

in writing.

(kk)         Private

Placement. Assuming the accuracy of the Purchasers’ representations and warranties set forth in Section 3.2, no registration

under the Securities Act is required for the offer and sale of the Securities by the Company to the Purchasers as contemplated hereby.

The issuance and sale of the Securities hereunder does not contravene the rules and regulations of the Trading Market (including

the issuance of Warrant Shares upon exercise of the Warrants).

(ll)           No

General Solicitation. Neither the Company nor any Person acting on behalf of the Company has offered or sold any of the Securities

by any form of general solicitation or general advertising. The Company has offered the Securities for sale only to the Purchasers and

certain other institutional “accredited investors” within the meaning of Rule 501 under the Securities Act and/or “qualified

institutional buyers” within the meaning of Rule 144A under the Securities Act.

3.2           Representations

and Warranties of the Purchasers. Each Purchaser, for itself and for no other Purchaser, hereby represents and warrants as of the

date hereof and as of the Closing Date to the Company as follows (unless as of a specific date therein, in which case they shall be accurate

as of such date):

(a)           Organization;

Authority. Such Purchaser is either an individual or an entity duly incorporated or formed, validly existing and in good standing

under the laws of the jurisdiction of its incorporation or formation with full right, corporate, partnership, limited liability company

or similar power and authority to enter into and to consummate the transactions contemplated by the Transaction Documents and otherwise

to carry out its obligations hereunder and thereunder. The execution and delivery of the Transaction Documents and performance by such

Purchaser of the transactions contemplated by the Transaction Documents have been duly authorized by all necessary corporate, partnership,

limited liability company or similar action, as applicable, on the part of such Purchaser. Each Transaction Document to which it is a

party has been duly executed by such Purchaser, and when delivered by such Purchaser in accordance with the terms hereof, will constitute

the valid and legally binding obligation of such Purchaser, enforceable against it in accordance with its terms, except: (i) as

limited by general equitable principles and applicable bankruptcy, insolvency, reorganization, moratorium and other laws of general application

affecting enforcement of creditors’ rights generally, (ii) as limited by laws relating to the availability of specific performance,

injunctive relief or other equitable remedies and (iii) insofar as indemnification and contribution provisions may be limited by

applicable law.

(b)           Understandings

or Arrangements. Such Purchaser is acquiring the Securities as principal for its own account and not with a view to or for distributing

or reselling such Securities or any part thereof in violation of the Securities Act or any applicable state securities law. Such Purchaser

has no direct or indirect arrangement or understandings with any other persons to distribute or regarding the distribution of such Securities

(this representation and warranty not limiting such Purchaser’s right to sell the Securities pursuant to a registration statement

filed pursuant to the Registration Rights Agreement or otherwise in compliance with applicable federal and state securities laws). Such

Purchaser is acquiring the Securities hereunder in the ordinary course of its business.

(c)            Restricted

Securities. Such Purchaser understands that the Securities are “restricted securities” and have not been registered under

the Securities Act or any applicable state securities law in reliance on the availability of an exemption from such registration and

that under such laws and applicable regulations such securities may be resold without registration under the Securities Act only in certain

limited circumstances.

(d)           Purchaser

Status. At the time such Purchaser was offered the Securities, it was, and as of the date hereof it is, and on each date on which

it exercises the Warrants, it will be either: (i) an “accredited investor” as defined in Rule 501(a)(1), (a)(2),

(a)(3), (a)(7), (a)(8) or (a)(9) under the Securities Act or (ii) a “qualified institutional buyer” as defined

in Rule 144A(a) under the Securities Act. Such Purchaser is a sophisticated investor, with sufficient knowledge and experience

in investing in private equity transactions to properly evaluate the risks and merits of its purchase of the Securities.

(e)           Experience

of Such Purchaser. Such Purchaser, either alone or together with its representatives, has such knowledge, sophistication and experience

in business and financial matters so as to be capable of evaluating the merits and risks of the prospective investment in the Securities,

and has so evaluated the merits and risks of such investment. Such Purchaser is able to bear the economic risk of an investment in the

Securities and, at the present time, is able to afford a complete loss of such investment.

(f)            Access

to Information. Such Purchaser acknowledges that it has had the opportunity to review the Transaction Documents (including all exhibits

and schedules thereto) and the SEC Reports and has been afforded, (i) the opportunity to ask such questions as it has deemed necessary

of, and to receive answers from, representatives of the Company concerning the terms and conditions of the offering of the Securities

and the merits and risks of investing in the Securities; (ii) access to information about the Company and its financial condition,

results of operations, business, properties, management and prospects sufficient to enable it to evaluate its investment; and (iii) the

opportunity to obtain such additional information that the Company possesses or can acquire without unreasonable effort or expense that

is necessary to make an informed investment decision with respect to the investment. Such Purchaser acknowledges and agrees that neither

the Placement Agents nor any Affiliate or representative of the Placement Agents have provided such Purchaser with any information or

advice with respect to the Company or the Securities nor is such information or advice necessary or desired. Neither the Placement Agents

nor any Affiliate or representative of the Placement Agents has made or makes any representation as to the Company or the quality of

the Securities and the Placement Agents and any Affiliate or representative of the Placement Agents may have acquired non-public information

with respect to the Company which such Purchaser agrees need not be provided to it. In connection with the issuance of the Securities

to such Purchaser, neither the Placement Agents nor any of its or their Affiliates or representatives have acted as a financial advisor

or fiduciary to such Purchaser.

(g)           Certain

Transactions and Confidentiality. Other than consummating the transactions contemplated hereunder, such Purchaser has not, nor has

any Person acting on behalf of or pursuant to any understanding with such Purchaser, directly or indirectly executed any purchases or

sales, including Short Sales, of the securities of the Company during the period commencing as of the time that such Purchaser first

received notice of the transaction contemplated hereunder (written or oral) from the Company or any other Person representing the Company

and ending immediately prior to the execution hereof. Notwithstanding the foregoing, in the case of a Purchaser that is a multi-managed

investment vehicle whereby separate portfolio managers manage separate portions of such Purchaser’s assets and the portfolio managers

have no direct knowledge of the investment decisions made by the portfolio managers managing other portions of such Purchaser’s

assets, the representation set forth above shall only apply with respect to the portion of assets managed by the portfolio manager that

made the investment decision to purchase the Securities covered by this Agreement. Other than to other Persons party to this Agreement

or to such Purchaser’s representatives, including, without limitation, its officers, directors, partners, legal and other advisors,

employees, agents and Affiliates, such Purchaser has maintained the confidentiality of all disclosures made to it in connection with

this transaction (including the existence and terms of this transaction). Notwithstanding the foregoing, for the avoidance of doubt,

nothing contained herein (except for Section 4.14) shall constitute a representation or warranty, or preclude any actions, with

respect to locating or borrowing shares in order to effect Short Sales or similar transactions in the future.

(h)           No

General Solicitation. Such Purchaser did not learn of the investment in the Securities as a result of any general or public solicitation

or general advertising, or publicly disseminated advertisements or sales literature, including, without limitation, (i) any advertisement,

article, notice or other communication published in any newspaper, magazine, website, or similar media, or broadcast over television

or radio, or (ii) any seminar or meeting to which such Purchaser was invited by any of the foregoing means of communications.

(i)            Legends.

It is understood that, except as provided below, certificates or book-entry records evidencing the Securities may bear the following

or any similar legend:

i. “[NEITHER] THIS SECURITY [NOR THE

SECURITIES INTO WHICH THIS SECURITY IS EXERCISABLE] [HAS NOT BEEN] REGISTERED WITH THE SECURITIES

AND EXCHANGE COMMISSION OR THE SECURITIES COMMISSION OF ANY STATE IN RELIANCE UPON AN EXEMPTION

FROM REGISTRATION UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”),

AND, ACCORDINGLY, MAY NOT BE OFFERED OR SOLD EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION

STATEMENT UNDER THE SECURITIES ACT OR PURSUANT TO AN AVAILABLE EXEMPTION FROM, OR IN A TRANSACTION

NOT SUBJECT TO, THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT AND IN ACCORDANCE WITH

APPLICABLE STATE SECURITIES LAWS.”

ii. If required by the authorities of any state

in connection with the issuance or sale of the Securities, the legend required by such state

authority.

(j)            Residency.

Such Purchaser’s office in which its investment decision with respect to the Securities was made is located at the address immediately

below such Purchaser’s name on its signature page hereto, except as otherwise communicated in writing by such Purchaser to

the Company.

The Company acknowledges and agrees that the

representations contained in this Section 3.2 shall not modify, amend or affect such Purchaser’s right to rely on the Company’s

representations and warranties contained in this Agreement or any representations and warranties contained in any other Transaction Document

or any other document or instrument executed and/or delivered in connection with this Agreement or the consummation of the transactions

contemplated hereby. Notwithstanding the foregoing, for the avoidance of doubt, nothing contained herein shall constitute a representation

or warranty, or preclude any actions, with respect to locating or borrowing shares in order to effect Short Sales or similar transactions

in the future.

ARTICLE IV.

OTHER AGREEMENTS OF THE PARTIES

4.1           Removal

of Legends.

(a)           The

Securities may only be disposed of in compliance with state and federal securities laws. In connection with any sale, assignment, transfer

or other disposition of the Shares or Warrant Shares by a Purchaser pursuant to Rule 144 or pursuant to any other exemption under

the Securities Act such that the purchaser acquires freely tradable shares and upon compliance by the Purchaser with the requirements

of this Agreement, if requested by the Purchaser, the Company shall request the Transfer Agent to remove any restrictive legends related

to the book entry account holding such Shares or Warrant Shares and to make a new, unlegended entry for such book entry shares sold or

disposed of without restrictive legends within one (1) Trading Day of any such request therefor from such Purchaser, provided that

the Company has timely received from such Purchaser customary representations and other documentation reasonably acceptable to the Company

in connection therewith.

(b)           Subject

to receipt from the Purchaser by the Company and the Transfer Agent of customary representations and other documentation reasonably acceptable

to the Company and the Transfer Agent in connection therewith, upon the earliest of such time as the Shares and Warrant Shares (i) have

been registered under the Securities Act pursuant to an effective registration statement, (ii) have been sold pursuant to Rule 144,

or (iii) are eligible for resale under Rule 144(b)(1) without the requirement for the Company to be in compliance with

the current public information requirements under Rule 144(c)(1) (or any successor thereto), the Company shall, in accordance

with the provisions of this Section 4.1(b) and within one (1) Trading Day of any request therefor from a Purchaser accompanied

by such customary and reasonably acceptable documentation referred to above, (A) deliver to the Transfer Agent irrevocable instructions

that the Transfer Agent shall make a new, unlegended entry for such book entry Warrant Shares, and (B) cause its counsel to deliver

to the Transfer Agent one or more opinions to the effect that the removal of such legends in such circumstances may be effected under

the Securities Act if required by the Transfer Agent to effect the removal of the legend in accordance with the provisions of this Agreement.

The Company agrees that following the time as such legend is no longer required under this Section 4.1, it will, within one (1) Trading

Day of the delivery by a Purchaser to the Company or the Transfer Agent of a certificate representing shares issued with a restrictive

legend and receipt from the Purchaser by the Company and the Transfer Agent of customary representations and other documentation reasonably

acceptable to the Company and the Transfer Agent in connection therewith, deliver or cause to be delivered to such Purchaser a certificate

representing such Warrant Shares (or uncertificated interest therein) that is free from all restrictive and other legends. Warrant Shares

subject to legend removal hereunder may be transmitted by the Transfer Agent to the Purchaser by crediting the account of the Purchaser’s

prime broker with the DTC System as directed by such Purchaser. The Company shall be responsible for the fees of its Transfer Agent and

all DTC fees associated with such issuance.

(c)           Each

Purchaser, severally and not jointly with the other Purchasers, agrees with the Company (i) that such Purchaser will sell any Securities

only pursuant to either the registration requirements of the Securities Act, including any applicable prospectus delivery requirements,

or an exemption therefrom, (ii) that if Shares or Warrant Shares are sold pursuant to a registration statement, they will be sold

in compliance with the plan of distribution set forth therein and (iii) that if, after the effective date of the registration statement

covering the resale of the Shares and Warrant Shares, such registration statement ceases to be effective and the Company has provided

notice to such Purchaser to that effect, such Purchaser will sell Shares and Warrant Shares only in compliance with an exemption from

the registration requirements of the Securities Act.

4.2            Integration.

The Company shall not sell, offer for sale or solicit offers to buy or otherwise negotiate in respect of any security (as defined in

Section 2 of the Securities Act) that would be integrated with the offer or sale of the Securities in a manner that would require

the registration under the Securities Act of the sale of the Securities to the Purchasers or that would be integrated with the offer

or sale of the Securities for purposes of the rules and regulations of any Trading Market such that it would require shareholder

approval prior to the closing of such other transaction unless shareholder approval is obtained before the closing of such subsequent

transaction.

4.3           Securities

Laws Disclosure; Publicity. The Company shall (a) by the Disclosure Time, issue a press release disclosing the material terms

of the transactions contemplated hereby and otherwise publicly disseminate the information on Schedule A, and (b) file a Current

Report on Form 8-K, including the Transaction Documents as exhibits thereto, with the Commission within the time required by the

Exchange Act. From and after the issuance of such press release and the dissemination of the information set forth on Schedule A hereto,

the Company represents to the Purchasers that it shall have publicly disclosed all material, non-public information delivered to any

of the Purchasers by the Company or any of its Subsidiaries, or any of their respective officers, directors, employees or agents in connection

with the transactions contemplated by the Transaction Documents. In addition, effective upon the issuance of such press release, the

Company acknowledges and agrees that any and all confidentiality or similar obligations under any agreement, whether written or oral,

between the Company, any of its Subsidiaries or any of their respective officers, directors, agents, employees or Affiliates on the one

hand, and any of the Purchasers or any of their Affiliates on the other hand, shall terminate. Notwithstanding the foregoing, the Company

shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any

regulatory agency or Trading Market, without the prior written consent of such Purchaser, except (a) as required by federal securities

law in connection with the filing of final Transaction Documents with the Commission and (b) to the extent such disclosure is required

by law or Trading Market regulations, in which case the Company shall, to the extent permitted by law, provide the Purchasers with prior

notice of such disclosure permitted under this clause (b).

4.4           Shareholder

Rights Plan. No claim will be made or enforced by the Company or, with the consent of the Company, any other Person, that any Purchaser

is an “Acquiring Person” under any control share acquisition, business combination, poison pill (including any distribution

under a rights agreement) or similar anti-takeover plan or arrangement in effect or hereafter adopted by the Company, or that any Purchaser

could be deemed to trigger the provisions of any such plan or arrangement, by virtue of receiving Securities under the Transaction Documents

or under any other agreement between the Company and the Purchasers.

4.5           Non-Public

Information. Except with respect to the material terms and conditions of the transactions contemplated by the Transaction Documents,

which shall be disclosed pursuant to Section 4.3, the Company covenants and agrees that neither it, nor any other Person acting

on its behalf will provide any Purchaser or its agents or counsel with any information that constitutes, or the Company reasonably believes

constitutes, material non-public information, unless prior thereto such Purchaser shall have consented to the receipt of such information

and agreed with the Company to keep such information confidential. The Company understands and confirms that each Purchaser shall be

relying on the foregoing covenant in effecting transactions in securities of the Company. To the extent that the Company, any of its

Subsidiaries, or any of their respective officers, directors, agents, employees or Affiliates, in any case acting on behalf of the Company

or any of its Subsidiaries, delivers any material, non-public information to a Purchaser without such Purchaser’s consent, the

Company hereby covenants and agrees that such Purchaser shall not have any duty of confidentiality to the Company, any of its Subsidiaries,

or any of their respective officers, directors, agents, employees or Affiliates, or a duty to the Company, any of its Subsidiaries or

any of their respective officers, directors, agents, employees or Affiliates not to trade on the basis of, such material, non-public

information, provided that the Purchaser shall remain subject to applicable law. Unless otherwise agreed to by the applicable parties,

to the extent that any notice provided pursuant to any Transaction Document constitutes, or contains, material, non-public information

regarding the Company or any Subsidiaries, the Company shall simultaneously file such material, non-public information with the Commission

pursuant to a Current Report on Form 8-K. The Company understands and confirms that each Purchaser shall be relying on the foregoing

covenant in effecting transactions in securities of the Company.

4.6           Use

of Proceeds. The Company intends to use the net proceeds from the sale of the Shares and Warrants hereunder for research, development,

working capital, and other general corporate purposes.

4.7           Indemnification

of Purchasers. Subject to the provisions of this Section 4.7, the Company will indemnify and hold each Purchaser and its directors,

officers, shareholders, members, partners, employees and agents (and any other Persons with a functionally equivalent role of a Person

holding such titles notwithstanding a lack of such title or any other title), each Person who controls such Purchaser (within the meaning

of Section 15 of the Securities Act and Section 20 of the Exchange Act), and the directors, officers, shareholders, agents,

members, partners or employees (and any other Persons with a functionally equivalent role of a Person holding such titles notwithstanding

a lack of such title or any other title) of such controlling persons (each, a “Purchaser Party”) harmless from any

and all losses, liabilities, obligations, claims, contingencies, damages, costs and expenses, including all judgments, amounts paid in

settlements, court costs and reasonable attorneys’ fees and costs of investigation that any such Purchaser Party may suffer or

incur as a result of or relating to (a) any breach of any of the representations, warranties, covenants or agreements made by the

Company in this Agreement or in the other Transaction Documents or (b) any action instituted against the Purchaser Parties in any

capacity, or any of them or their respective Affiliates, by any stockholder of the Company who is not an Affiliate of such Purchaser

Party, with respect to any of the transactions contemplated by the Transaction Documents (unless such action is solely based upon a material

breach of such Purchaser Party’s representations, warranties or covenants under the Transaction Documents or any agreements or

understandings such Purchaser Party may have with any such stockholder or any violations by such Purchaser Party of state or federal

securities laws or any conduct by such Purchaser Party which is finally judicially determined to constitute fraud, gross negligence or

willful misconduct). If any action shall be brought against any Purchaser Party in respect of which indemnity may be sought pursuant

to this Agreement, such Purchaser Party shall promptly notify the Company in writing, and the Company shall have the right to assume

the defense thereof with counsel of its own choosing reasonably acceptable to the Purchaser Party. Any Purchaser Party shall have the

right to employ separate counsel in any such action and participate in the defense thereof, but the fees and expenses of such counsel

shall be at the expense of such Purchaser Party except to the extent that (i) the employment thereof has been specifically authorized

by the Company in writing, (ii) the Company has failed after a reasonable period of time to assume such defense and to employ counsel

or (iii) in such action there is, in the reasonable opinion of counsel, a material conflict on any material issue between the position

of the Company and the position of such Purchaser Party, in which case the Company shall be responsible for the reasonable fees and expenses

of no more than one such separate counsel. The Company will not be liable to any Purchaser Party under this Agreement (y) for any

settlement by a Purchaser Party effected without the Company’s prior written consent, which shall not be unreasonably withheld

or delayed; or (z) to the extent, but only to the extent that a loss, claim, damage or liability is attributable to any Purchaser

Party’s breach of any of the representations, warranties, covenants or agreements made by such Purchaser Party in this Agreement

or in the other Transaction Documents. The indemnity agreements contained herein shall be in addition to any cause of action or similar

right of any Purchaser Party against the Company or others and any liabilities the Company may be subject to pursuant to law.

4.8           Exculpation

of Placement Agents. Each party hereto agrees for the express benefit of the Placement Agents and their affiliates and representatives

that the Placement Agents and their affiliates and representatives (i) shall not be liable for any improper payment made in accordance

with the information provided by the Company; (ii) make no representation or warranty, and have no responsibilities as to the validity,

accuracy, value or genuineness of any information, certificates or documentation delivered by or on behalf of the Company pursuant to

this Agreement or in connection with any of the transactions contemplated hereby, including any offering or marketing materials; and

(iii) shall not be liable (A) for any action taken, suffered or omitted by any of them in good faith and reasonably believed

to be authorized or within the discretion or rights or powers conferred upon them by this Agreement or any Transaction Document, or (B) for

anything which any of them may do or refrain from doing in connection with this Agreement or any Transaction Document, except in each

case for such person’s own gross negligence, willful misconduct or bad faith.

4.9           Listing

of Common Stock. The Company hereby agrees to use commercially reasonable efforts to maintain the listing or quotation of the Common

Stock on the Trading Market on which it is currently listed, and concurrently with the Closing, the Company shall apply to list or quote

all of the Shares and the Warrant Shares on such Trading Market and promptly secure the listing of all of the Shares and the Warrant

Shares on such Trading Market. The Company further agrees, if the Company applies to have the Common Stock traded on any other Trading

Market, it will then include in such application all of the Shares and the Warrant Shares, and will take such other action as is reasonably

necessary to cause all of the Shares and the Warrant Shares to be listed or quoted on such other Trading Market as promptly as possible.

The Company will then take all action reasonably necessary to continue the listing and trading of its Common Stock on a Trading Market

and will comply in all respects with the Company’s reporting, filing and other obligations of which it has control under the bylaws

or rules of the Trading Market. The Company agrees to maintain the eligibility of the Common Stock for electronic transfer through

the Depository Trust Company or another established clearing corporation, including, without limitation, by timely payment of fees to

the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.

4.10         Reservation

of Common Stock. As of the date hereof, the Company has reserved and the Company shall continue to reserve and keep available at

all times, free of preemptive rights, a sufficient number of shares of Common Stock for the purpose of enabling the Company to issue

Shares pursuant to this Agreement and Warrant Shares pursuant to any exercise of the Warrants.

4.11         Subsequent

Equity Sales. From the date hereof until thirty (30) days following the effective date of the registration statement filed pursuant

to the Registration Rights Agreement, neither the Company nor any Subsidiary shall (i) issue, enter into any agreement to issue

or announce the issuance or proposed issuance of any shares of Common Stock or Common Stock Equivalents or (ii) file with the SEC

a registration statement under the Securities Act of any of its equity securities other than pursuant to the terms of the Registration

Rights Agreement or a registration statement on Form S-8 or, in connection with an acquisition, a registration statement on Form S-4,

other than in accordance with the Registration Rights Agreement or as otherwise necessary to maintain the registration of the Shares

and Warrant Shares governed by this Agreement. Notwithstanding the foregoing, this Section 4.11 shall not apply in respect of an

Exempt Issuance.

4.12         Equal

Treatment of Purchasers. No consideration (including any modification of any Transaction Document) shall be offered or paid to any

Person to amend or consent to a waiver or modification of any provision of the Transaction Documents unless the same consideration is

also offered to all of the parties to such Transaction Document. For clarification purposes, this provision constitutes a separate right

granted to each Purchaser by the Company and negotiated separately by each Purchaser, and is intended for the Company to treat the Purchasers

as a class and shall not in any way be construed as the Purchasers acting in concert or as a group with respect to the purchase, disposition

or voting of Securities or otherwise.

4.13          Certain

Transactions and Confidentiality. Each Purchaser, severally and not jointly with the other Purchasers, covenants that neither it

nor any Affiliate acting on its behalf or pursuant to any understanding with it will execute any purchases or sales, including Short

Sales of any of the Company’s securities during the period commencing with the execution of this Agreement and ending at such time

that the transactions contemplated by this Agreement are first publicly announced pursuant to the initial press release as described

in Section 4.3. Each Purchaser, severally and not jointly with the other Purchasers, covenants that until such time as the transactions

contemplated by this Agreement are publicly disclosed by the Company pursuant to the initial press release as described in Section 4.3,

such Purchaser will maintain the confidentiality of the existence and terms of this transaction and any other information provided to

such Purchaser in connection with this transaction (other than as disclosed to its legal and other representatives). Notwithstanding

the foregoing, and notwithstanding anything contained in this Agreement to the contrary (other than as set forth in clause (ii) above),

the Company expressly acknowledges and agrees that (i) no Purchaser makes any representation, warranty or covenant hereby that it

will not engage in effecting transactions in any securities of the Company after the time that the transactions contemplated by this

Agreement are first publicly announced pursuant to the initial press release as described in Section 4.3, (ii) no Purchaser

shall be restricted or prohibited from effecting any transactions in any securities of the Company in accordance with applicable securities

laws from and after the time that the transactions contemplated by this Agreement are first publicly announced pursuant to the initial

press release as described in Section 4.3 and (iii) no Purchaser shall have any duty of confidentiality or duty not to trade

in the securities of the Company to the Company or its Subsidiaries after the issuance of the initial press release as described in Section 4.3.

Notwithstanding the foregoing, in the case of a Purchaser that is a multi-managed investment vehicle whereby separate portfolio managers

manage separate portions of such Purchaser’s assets and the portfolio managers have no direct knowledge of the investment decisions

made by the portfolio managers managing other portions of such Purchaser’s assets, the covenant set forth above shall only apply

with respect to the portion of assets managed by the portfolio manager that made the investment decision to purchase the Securities covered

by this Agreement.

4.14         Exercise

Procedures. The form of Notice of Exercise included in the Warrants set forth the totality of the procedures required of the Purchasers

in order to exercise the Warrants. No additional legal opinion, other information or instructions shall be required of the Purchasers

to exercise their Warrants. Without limiting the preceding sentences, no ink-original Notice of Exercise shall be required, nor shall

any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise form be required in order to exercise

the Warrants. The Company shall honor exercises of the Warrants and shall deliver Warrant Shares in accordance with the terms, conditions

and time periods set forth in the Transaction Documents.

ARTICLE V.

MISCELLANEOUS

5.1           Termination.

This Agreement may be terminated by any Purchaser, as to such Purchaser’s obligations hereunder only and without any effect whatsoever

on the obligations between the Company and the other Purchasers, by written notice to the other parties, if the Closing has not been

consummated on or before the fifth (5th) Trading Day following the date hereof; provided, however, that no such

termination will affect the right of any party to sue for any breach by any other party (or parties).

5.2           Fees

and Expenses. Except as expressly set forth in the Transaction Documents to the contrary, each party shall pay the fees and expenses

of its advisers, counsel, accountants and other experts, if any, and all other expenses incurred by such party incident to the negotiation,

preparation, execution, delivery and performance of this Agreement. The Company shall pay all Transfer Agent fees (including, without

limitation, any fees required for same-day processing of any instruction letter delivered by the Company and any exercise notice delivered

by a Purchaser), stamp taxes and other taxes and duties levied in connection with the delivery of any Securities to the Purchasers.

5.3           Entire

Agreement. The Transaction Documents, together with the exhibits and schedules thereto, contain the entire understanding of the parties

with respect to the subject matter hereof and thereof and supersede all prior agreements and understandings, oral or written, with respect

to such matters, which the parties acknowledge have been merged into such documents, exhibits and schedules.

5.4            Notices.

Any and all notices or other communications or deliveries required or permitted to be provided hereunder shall be in writing and shall

be deemed given and effective on the earliest of: (a) the time of transmission, if such notice or communication is delivered via

email attachment at the email address as set forth on the signature pages attached hereto at or prior to 5:30 p.m. (New York

City time) on a Trading Day, (b) the next Trading Day after the time of transmission, if such notice or communication is delivered

via email attachment at the email address as set forth on the signature pages attached hereto on a day that is not a Trading Day

or later than 5:30 p.m. (New York City time) on any Trading Day, (c) the second (2nd) Trading Day following the

date of mailing, if sent by U.S. nationally recognized overnight courier service or (d) upon actual receipt by the party to whom

such notice is required to be given. The address for such notices and communications shall be as set forth on the signature pages attached

hereto.

5.5           Amendments;

Waivers. No provision of this Agreement may be waived, modified, supplemented or amended except in a written instrument signed, in

the case of an amendment, by the Company and Purchasers which purchased at least 50.1% in interest of the Shares based on the initial

Subscription Amounts hereunder or, in the case of a waiver, by the party against whom enforcement of any such waived provision is sought,

provided that if any amendment, modification or waiver disproportionately and adversely impacts a Purchaser (or group of Purchasers),

the consent of such disproportionately impacted Purchaser (or group of Purchasers) shall also be required. No waiver of any default with

respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver

of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of any

party to exercise any right hereunder in any manner impair the exercise of any such right. Any proposed amendment or waiver that disproportionately,

materially and adversely affects the rights and obligations of any Purchaser relative to the comparable rights and obligations of the

other Purchasers shall require the prior written consent of such adversely affected Purchaser. Any amendment to this Agreement effected

in accordance with this Section 5.5 shall be binding upon each Purchaser and holder of Securities and the Company. Notwithstanding

the foregoing or anything else herein to the contrary, no amendment, modification, alteration, change or waiver of Sections 4.8 and 5.8

and this sentence in Section 5.5 shall be valid without the prior written consent of the Placement Agents, which consent may be

granted or withheld in the sole discretion of such Placement Agents.

5.6           Headings.

The headings herein are for convenience only, do not constitute a part of this Agreement and shall not be deemed to limit or affect any

of the provisions hereof.

5.7           Successors

and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties and their successors and permitted assigns.

The Company may not assign this Agreement or any rights or obligations hereunder without the prior written consent of each Purchaser

(other than by merger). Any Purchaser may assign any or all of its rights under this Agreement to any Person to whom such Purchaser assigns

or transfers any Securities, provided that such transferee agrees in writing to be bound, with respect to the transferred Securities,

by the provisions of the Transaction Documents that apply to the “Purchasers.”

5.8           No

Third-Party Beneficiaries. The Placement Agents shall be third-party beneficiaries of the representations and warranties of the Company

in Section 3.1 and the representations and warranties of the Purchasers in Section 3.2. This Agreement is intended for the

benefit of the parties hereto and their respective successors and permitted assigns and is not for the benefit of, nor may any provision

hereof be enforced by, any other Person, except as otherwise set forth in Section 4.7 and this Section 5.8. Each of the Company

and each of the Purchasers agrees and acknowledges that the Placement Agents may rely on its representations, warranties, agreements

and covenants contained in this Agreement, as if such representations, warranties and covenants, as applicable, were made directly to

the Placement Agents.

5.9           Governing

Law. All questions concerning the construction, validity, enforcement and interpretation of the Transaction Documents shall be governed

by and construed and enforced in accordance with the internal laws of the State of New York, without regard to the principles of conflicts

of law thereof. Each party agrees that all legal Proceedings concerning the interpretations, enforcement and defense of the transactions

contemplated by this Agreement and any other Transaction Documents (whether brought against a party hereto or its respective affiliates,

directors, officers, shareholders, partners, members, employees or agents) shall be commenced exclusively in the state and federal courts

sitting in the City of New York. Each party hereby irrevocably submits to the exclusive jurisdiction of the state and federal courts

sitting in the City of New York, Borough of Manhattan for the adjudication of any dispute hereunder or in connection herewith or with

any transaction contemplated hereby or discussed herein (including with respect to the enforcement of any of the Transaction Documents),

and hereby irrevocably waives, and agrees not to assert in any Action or Proceeding, any claim that it is not personally subject to the

jurisdiction of any such court, that such Action or Proceeding is improper or is an inconvenient venue for such Proceeding. Each party

hereby irrevocably waives personal service of process and consents to process being served in any such Action or Proceeding by mailing

a copy thereof via registered or certified mail or overnight delivery (with evidence of delivery) to such party at the address in effect

for notices to it under this Agreement and agrees that such service shall constitute good and sufficient service of process and notice

thereof. Nothing contained herein shall be deemed to limit in any way any right to serve process in any other manner permitted by law.

If any party shall commence an Action or Proceeding to enforce any provisions of the Transaction Documents, then, in addition to the

obligations of the Company under Section 4.7, the prevailing party in such Action or Proceeding shall be reimbursed by the non-prevailing

party for its reasonable attorney’s fees and other costs and expenses incurred with the investigation, preparation and prosecution

of such Action or Proceeding.

5.10         Survival.

The representations and warranties contained herein shall survive the Closing and the delivery of the Securities for two (2) years

following the Closing Date.

5.11         Execution.

This Agreement may be executed in two or more counterparts, all of which when taken together shall be considered one and the same agreement

and shall become effective when counterparts have been signed by each party and delivered to each other party, it being understood that

the parties need not sign the same counterpart. In the event that any signature is delivered by facsimile transmission or by e-mail delivery

of a “.pdf” format data file or any electronic signature complying with the U.S. federal ESIGN Act of 2000, the Uniform Electronic

Transactions Act or other applicable law (e.g., www.docusign.com), such signature shall create a valid and binding obligation of the

party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile, “.pdf”

or “electronic” signature page were an original thereof.

5.12         Severability.

If any term, provision, covenant or restriction of this Agreement is held by a court of competent jurisdiction to be invalid, illegal,

void or unenforceable, the remainder of the terms, provisions, covenants and restrictions set forth herein shall remain in full force

and effect and shall in no way be affected, impaired or invalidated, and the parties hereto shall use their commercially reasonable efforts

to find and employ an alternative means to achieve the same or substantially the same result as that contemplated by such term, provision,

covenant or restriction. It is hereby stipulated and declared to be the intention of the parties that they would have executed the remaining

terms, provisions, covenants and restrictions without including any of such that may be hereafter declared invalid, illegal, void or

unenforceable.

5.13         Rescission

and Withdrawal Right. Notwithstanding anything to the contrary contained in (and without limiting any similar provisions of) any

of the other Transaction Documents, whenever any Purchaser exercises a right, election, demand or option under a Transaction Document

and the Company does not timely perform its related obligations within the periods therein provided, then such Purchaser may rescind

or withdraw, in its sole discretion from time to time upon written notice to the Company, any relevant notice, demand or election in

whole or in part without prejudice to its future actions and rights; provided, however, that, in the case of a rescission of an exercise

of a Warrant, the applicable Purchaser shall be required to return any shares of Common Stock subject to any such rescinded exercise

notice concurrently with the return to such Purchaser of the aggregate exercise price paid to the Company for such shares and the restoration

of such Purchaser’s right to acquire such shares pursuant to such Purchaser’s Warrant (including, issuance of a replacement

warrant certificate evidencing such restored right).

5.14         Replacement

of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company shall

issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation), or in lieu of

and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company

of such loss, theft or destruction. The applicant for a new certificate or instrument under such circumstances shall also pay any reasonable

third-party costs (including customary indemnity) associated with the issuance of such replacement Securities.

5.15         Remedies.

In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers

and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may

not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and

hereby agree to waive and not to assert in any Action for specific performance of any such obligation the defense that a remedy at law

would be adequate.

5.16         Payment

Set Aside. To the extent that the Company makes a payment or payments to any Purchaser pursuant to any Transaction Document or a

Purchaser enforces or exercises its rights thereunder, and such payment or payments or the proceeds of such enforcement or exercise or

any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, recovered from, disgorged by or

are required to be refunded, repaid or otherwise restored to the Company, a trustee, receiver or any other Person under any law (including,

without limitation, any bankruptcy law, state or federal law, common law or equitable cause of action), then to the extent of any such

restoration the obligation or part thereof originally intended to be satisfied shall be revived and continued in full force and effect

as if such payment had not been made or such enforcement or setoff had not occurred.

5.17         Independent

Nature of Purchasers’ Obligations and Rights. The obligations of each Purchaser under any Transaction Document are several

and not joint with the obligations of any other Purchaser, and no Purchaser shall be responsible in any way for the performance or non-performance

of the obligations of any other Purchaser under any Transaction Document. Nothing contained herein or in any other Transaction Document,

and no action taken by any Purchaser pursuant hereto or thereto, shall be deemed to constitute the Purchasers as a partnership, an association,

a joint venture or any other kind of entity, or create a presumption that the Purchasers are in any way acting in concert or as a group

with respect to such obligations or the transactions contemplated by the Transaction Documents. Each Purchaser shall be entitled to independently

protect and enforce its rights including, without limitation, the rights arising out of this Agreement or out of the other Transaction

Documents, and it shall not be necessary for any other Purchaser to be joined as an additional party in any Proceeding for such purpose.

Each Purchaser has been represented by its own separate legal counsel in its review and negotiation of the Transaction Documents. For

reasons of administrative convenience only, each Purchaser and its respective counsel may choose to communicate with the Company through

the legal counsel of the Placement Agents. The legal counsel of the Placement Agents does not represent any of the Purchasers and only

represents the Placement Agents. The Company has elected to provide all Purchasers with the same terms and Transaction Documents for

the convenience of the Company and not because it was required or requested to do so by any of the Purchasers. It is expressly understood

and agreed that each provision contained in this Agreement and in each other Transaction Document is between the Company and a Purchaser,

solely, and not between the Company and the Purchasers collectively and not between and among the Purchasers.

5.18         Saturdays,

Sundays, Holidays, etc.      If the last or appointed day for

the taking of any action or the expiration of any right required or granted herein shall not be a Business Day, then such action may

be taken or such right may be exercised on the next succeeding Business Day.

5.19         Construction.

The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents

and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party

shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference

to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits,

stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.

5.20         Further

Assurances. Each party shall do and perform, or cause to be done and performed, all such further acts and things, and shall execute

and deliver all such other agreements, certificates, instruments and documents, as any other party may reasonably request in order to

carry out the intent and accomplish the purposes of this Agreement and the consummation of the transactions contemplated hereby.

5.21         WAIVER

OF JURY TRIAL. IN ANY ACTION, SUIT, OR PROCEEDING IN ANY JURISDICTION BROUGHT BY ANY PARTY AGAINST ANY OTHER PARTY, THE PARTIES

EACH KNOWINGLY AND INTENTIONALLY, TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY ABSOLUTELY, UNCONDITIONALLY, IRREVOCABLY

AND EXPRESSLY WAIVES FOREVER TRIAL BY JURY.

(Signature Pages Follow)

IN WITNESS WHEREOF, the parties

hereto have caused this Securities Purchase Agreement to be duly executed by their respective authorized signatories as of the date first

indicated above.

curis,

inc.

Address

for Notice:

By:

128 Spring Street

Name: Diantha Duvall

Building C – Suite 500

Title: Chief Financial Officer

Lexington, MA 02421

With a copy to (which shall not constitute

notice):

E-Mail:

dduvall@curis.com

notices@curis.com

Latham &

Watkins LLP

Attn:

Peter Handrinos

200

Clarendon Street

Boston,

MA 02116

[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

SIGNATURE PAGE FOR PURCHASER FOLLOWS]

[PURCHASER SIGNATURE PAGES TO SECURITIES PURCHASE

AGREEMENT]

IN WITNESS WHEREOF, the undersigned

have caused this Securities Purchase Agreement to be duly executed by their respective authorized signatories as of the date first indicated

above.

Name of Purchaser:

Signature of Authorized Signatory of Purchaser:

_________________________________________________________

Name of Authorized Signatory: _________________________________________________________

Title of Authorized Signatory: _________________________________________________________

Email Address of Authorized Signatory: _________________________________________________________

Facsimile Number of Authorized Signatory: __________________________________________________________________

Address for Notice to Purchaser:

Email Address for Notice to Purchaser: _________________________________________________________

Address for Delivery of Shares to Purchaser (if not same as address

for notice):

Subscription Amount: $_____________________

Shares: _____________________

Number of Pre-Funded Warrant Shares: _____________________

Number of Common Warrant Shares: _____________________

EIN Number: _________________

¨

Notwithstanding anything contained in this Agreement to the contrary, by checking

this box (i) the obligations of the above-signed to purchase the securities set forth in this Agreement to be purchased from the

Company by the above-signed, and the obligations of the Company to sell such securities to the above-signed, shall be unconditional and

all conditions to Closing shall be disregarded, (ii) the Closing shall occur on the first (1st) Trading Day following

the date of this Agreement and (iii) any condition to Closing contemplated by this Agreement (but prior to being disregarded by

clause (i) above) that required delivery by the Company or the above-signed of any agreement, instrument, certificate or the like

or purchase price (as applicable) shall no longer be a condition and shall instead be an unconditional obligation of the Company or the

above-signed (as applicable) to deliver such agreement, instrument, certificate or the like or purchase price (as applicable) to such

other party on the Closing Date.

[SIGNATURE PAGES CONTINUE]

Schedule A

Certain Company Information

None

Exhibit A-1

Form of Pre-Funded Warrant

Exhibit A-2

Form of Common Warrant

Exhibit B

Form of Registration Rights Agreement

Exhibit C

Form of Lock-Up Agreement

EX-10.2 — EXHIBIT 10.2

EX-10.2

Filename: tm2627615d1_ex10-2.htm · Sequence: 7

Exhibit 10.2

REGISTRATION

RIGHTS AGREEMENT

This Registration

Rights Agreement (this “Agreement”) is made and entered into as of October 16, 2026, by and among Curis, Inc.,

a Delaware corporation (the “Company”), and the “Investors” named in that certain Securities Purchase Agreement

by and among the Company and the Investors, dated as of the date hereof (the “Purchase Agreement”). Capitalized terms

used herein have the respective meanings ascribed thereto in the Purchase Agreement unless otherwise defined herein.

The parties hereby agree as follows:

1.            Definitions.

As used in this Agreement, the following terms

shall have the following meanings:

“Agreement” has the meaning

set forth in the first paragraph.

“Allowed Delay” has the meaning

set forth in Section 2(c)(ii).

“Availability Date” has the

meaning set forth in Section 3(i).

“Blackout Period” has the meaning

set forth in Section 2(d)(ii).

“Company” has the meaning set

forth in the first paragraph.

“Cut Back Shares” has the meaning

set forth in Section 2(e).

“Effectiveness Liquidated Damages”

has the meaning set forth in Section 2(d)(ii).

“Effectiveness Period” has the

meaning set forth in Section 3(a).

“Filing Deadline” has the meaning

set forth in Section 2(a)(i).

“Inspectors” has the meaning

set forth in Section 4.

“Investors” means the Investors

identified in the Purchase Agreement and any Affiliate or permitted transferee of any Investor who is a subsequent holder of Registrable

Securities.

“Liquidated Damages” has the

meaning set forth in Section 2(d)(ii).

“Maintenance Failure” has the

meaning set forth in Section 2(d)(ii).

“Prospectus” means (i) the

prospectus included in any Registration Statement, as amended or supplemented by any prospectus supplement, with respect to the terms

of the offering of any portion of the Registrable Securities covered by such Registration Statement and by all other amendments and supplements

to the prospectus, including post-effective amendments and all material incorporated by reference in such prospectus, and (ii) any

“free writing prospectus” as defined in Rule 405 under the Securities Act.

“Purchase Agreement” has the

meaning set forth in the first paragraph.

“Qualification Date” has the

meaning set forth in Section 2(a)(ii).

“Qualification Deadline” has

the meaning set forth in Section 2(a)(ii).

“Records” has the meaning set

forth in Section 4.

“Register,” “registered”

and “registration” refer to a registration made by preparing and filing a Registration Statement or similar document

in compliance with the Securities Act, and the declaration or ordering of effectiveness of such Registration Statement or document.

“Registrable Securities” means

(i) the Shares and the Warrant Shares and (ii) any other securities issued or issuable with respect to or in exchange for Shares

and the Warrant Shares, whether by merger, charter amendment or otherwise; provided, that a security shall cease to be a Registrable Security

upon the earliest of: (A) sale pursuant to a Registration Statement or Rule 144 under the Securities Act, or (B) such security

becoming eligible for sale without restriction by the Investor holding such security pursuant to Rule 144, including without any

manner of sale or volume limitations, and without the requirement to be in compliance with Rule 144(c)(1) (or any successor

thereto) promulgated under the Securities Act.

“Registration Liquidated Damages”

has the meaning set forth in Section 2(d)(i).

“Registration Statement” means

any registration statement of the Company under the Securities Act that covers the resale of any of the Registrable Securities pursuant

to the provisions of this Agreement, amendments and supplements to such Registration Statement, including post-effective amendments, all

exhibits and all material incorporated by reference in such Registration Statement.

“Required Investors” means the

Investors holding a majority of the Registrable Securities outstanding from time to time.

“Restriction Termination Date”

has the meaning set forth in Section 2(e).

“SEC” means the U.S. Securities

and Exchange Commission.

“SEC Restrictions” has the meaning

set forth in Section 2(e).

“Shelf Registration Statement”

has the meaning set forth in Section 2(a)(ii).

2.             Registration.

(a)            Registration

Statements.

(i)            Promptly

following the Closing Date but no later than thirty (30) days after the Closing Date (the “Filing Deadline”), the Company

shall prepare and file with the SEC one Registration Statement covering the resale of all of the Registrable Securities. Subject to any

SEC comments, such Registration Statement shall include the plan of distribution, substantially in the form and substance attached hereto

as Exhibit A; provided, however, that no Investor shall be named as an “underwriter” in such Registration Statement

without the Investor’s prior written consent. Such Registration Statement also shall cover, to the extent allowable under the Securities

Act and the rules promulgated thereunder (including Rule 416), such indeterminate number of additional shares of Common Stock

resulting from stock splits, stock dividends or similar transactions with respect to the Registrable Securities. Such Registration Statement

shall not include any shares of Common Stock or other securities for the account of any other holder without the prior written consent

of the Required Investors. Such Registration Statement (and each amendment or supplement thereto, and each request for acceleration of

effectiveness thereof) shall be provided in accordance with Section 3(c) to the Investors prior to its filing or other submission.

(ii)            The

Registration Statement referred to in Section 2(a)(i) shall be on Form S-3. In the event that Form S-3 is not available

for the registration of the resale of Registrable Securities hereunder, the Company shall (i) register the resale of the Registrable

Securities on such other form as is available to the Company and (ii) so long as Registrable Securities remain outstanding, promptly

following the date (the “Qualification Date”) upon which the Company becomes eligible to use a registration statement

on Form S-3 to register the Registrable Securities for resale, but in no event more than thirty (30) days after the Qualification

Date (the “Qualification Deadline”), file a registration statement on Form S-3 covering the Registrable Securities

(or a post-effective amendment on Form S-3 to a registration statement on Form S-1) (a “Shelf Registration Statement”)

and use commercially reasonable efforts to cause such Shelf Registration Statement to be declared effective as promptly as practicable

thereafter; provided that the Company shall maintain the effectiveness of the Registration Statement then in effect until such time as

a Shelf Registration Statement covering the Registrable Securities has been declared effective by the SEC.

(b)           Expenses.

The Company will pay all expenses associated with each Registration Statement, including filing and printing fees, the Company’s

counsel and accounting fees and expenses, costs associated with clearing the Registrable Securities for sale under applicable state securities

laws and listing fees, but excluding discounts, commissions, fees of underwriters, selling brokers, dealer managers or similar securities

industry professionals with respect to the Registrable Securities being sold.

(c)            Effectiveness.

(i)            The

Company shall use commercially reasonable efforts to have each Registration Statement declared effective as soon as reasonably practicable

after such Registration Statement has been filed with the SEC. The Company shall notify the Investors by facsimile or e-mail as promptly

as practicable, and in any event, within twenty-four (24) hours, after any Registration Statement is declared effective and shall

provide the Investors with copies of any related Prospectus to be used in connection with the sale or other disposition of the securities

covered thereby.

(ii)            For

not more than thirty (30) consecutive days or for a total of not more than sixty (60) days in any twelve (12) month period, the Company

may suspend the use of any Prospectus included in any Registration Statement contemplated by this Section in the event that the Company

determines in good faith that such suspension is necessary to (A) delay the disclosure of material nonpublic information concerning

the Company, the disclosure of which at the time is not, in the good faith opinion of the Company, in the best interests of the Company

or (B) amend or supplement the affected Registration Statement or the related Prospectus so that such Registration Statement or Prospectus

shall not include an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to

make the statements therein, in the case of the Prospectus in light of the circumstances under which they were made, not misleading (an

“Allowed Delay”); provided, that the Company shall promptly (a) notify each Investor in writing of the commencement

of an Allowed Delay, but shall not (without the prior written consent of an Investor) disclose to such Investor any material nonpublic

information giving rise to an Allowed Delay, (b) advise the Investors in writing to cease all sales under such Registration Statement

until the end of the Allowed Delay and (c) use commercially reasonable efforts to terminate an Allowed Delay as promptly as practicable.

(d)           Effect

of Failure to File and Obtain and Maintain Effectiveness of Registration Statement.

(i)            If

a Registration Statement covering the Registrable Securities is not filed with the SEC on or prior to the Filing Deadline, the Company

will make pro rata payments to each Investor then holding Registrable Securities, as liquidated damages and not as a penalty (the “Registration

Liquidated Damages”), in an amount equal to one percent (1.0%) of the aggregate amount invested by such Investor for the initial

day of failure to file such Registration Statement by the Filing Deadline and for each subsequent 30-day period (pro rata for any portion

thereof) thereafter for which no such Registration Statement is filed with respect to the Registrable Securities. Such payments shall

be made to each Investor then holding Registrable Securities in cash no later than ten (10) Business Days after the end of the date

of the initial failure to file such Registration Statement by the Filing Deadline and each subsequent 30-day period (pro rata for any

portion thereof) until such Registration Statement is filed with respect to the Registrable Securities. Interest shall accrue at the rate

of one percent (1.0%) per month on any such liquidated damages payments that shall not be paid by the applicable payment date until such

amount is paid in full.

(ii)            If

(A) a Registration Statement covering the Registrable Securities is not declared effective by the SEC prior to the earlier of (i) five

(5) Business Days after the SEC informs the Company that no review of such Registration Statement will be made or that the SEC has

no further comments on such Registration Statement or (ii) the 90th day after the Closing Date (or the 120th

day after the Closing Date if the SEC reviews such Registration Statement); provided, however, that such time periods shall be tolled

on a day-for-day basis for so long as the Company’s audited financial statements are stale pursuant to Rule 3-12(b) of

Regulation S-X, or (B) after a Registration Statement has been declared effective by the SEC, sales cannot be made pursuant to such

Registration Statement for any reason (including, without limitation, by reason of a stop order or the Company’s failure to update

such Registration Statement), but excluding any Allowed Delay or the inability of any Investor to sell the Registrable Securities covered

thereby due to market conditions (each of (A) and (B), a “Maintenance Failure”), then the Company will make pro

rata payments to each Investor then holding Registrable Securities, as liquidated damages and not as a penalty (the “Effectiveness

Liquidated Damages” and together with the Registration Liquidated Damages, the “Liquidated Damages”), in

an amount equal to one percent (1.0%) of the aggregate amount invested by such Investor for the Registrable Securities then held by such

Investor for the initial day of a Maintenance Failure and for each 30-day period (pro rata for any portion thereof) thereafter until the

Maintenance Failure is cured (each, a “Blackout Period”). The Effectiveness Liquidated Damages shall be paid monthly

within ten (10) Business Days of the end of the date of such Maintenance Failure and each subsequent 30-day period (pro rata for

any portion thereof), as applicable. Such payments shall be made to each Investor then holding Registrable Securities in cash. Interest

shall accrue at the rate of one percent (1.0%) per month on any such liquidated damages payments that shall not be paid by the applicable

payment date until such amount is paid in full.

(iii)            The

parties agree that (1) notwithstanding anything to the contrary herein or in the Purchase Agreement, no Liquidated Damages shall

be payable with respect to any period after the expiration of the Effectiveness Period (it being understood that this sentence shall not

relieve the Company of any Liquidated Damages accruing prior to the expiration of the Effectiveness Period), and in no event shall the

aggregate amount of Liquidated Damages payable to an Investor exceed, in the aggregate, six percent (6.0%) of the aggregate purchase price

paid by such Investor pursuant to the Purchase Agreement and (2) except with respect to (A) the initial day of failure to file

a Registration Statement by the Filing Deadline and (B) the initial day of any Maintenance Failure, in no event shall the Company

be liable in any thirty (30) day period for Liquidated Damages under this Agreement in excess of one percent (1.0%) of the aggregate purchase

price paid by the Investors pursuant to the Purchase Agreement.

(iv)            Notwithstanding

the foregoing, the Company and the Investors agree that the Company will not be liable for any Liquidated Damages under this Section 2(d) with

respect to any Registrable Securities prior to their issuance. The Liquidated Damages described in this Section 2(d) shall constitute

the Investors’ exclusive monetary remedy for any failure to meet the Filing Deadline and for any Maintenance Failure, but shall

not affect the right of the Investors to seek injunctive relief.

(v)            In

the event the number of shares available under any Registration Statement is insufficient to cover all of the Registrable Securities required

to be covered by such Registration Statement or any Investor’s allocated portion of the Registrable Securities, the Company shall

amend such Registration Statement (if permissible), or file with the SEC a new Registration Statement (on the short form available therefor,

if applicable), or both, so as to cover such Registrable Securities. The Company shall use its commercially reasonable efforts to cause

such amendment to such Registration Statement and/or such new Registration Statement (as the case may be) to become effective as soon

as practicable following the filing thereof with the SEC. The calculation of the applicable amount of Registrable Securities shall be

made without regard to any limitations on conversion or exercise of the Shares or Warrant Shares.

(e)           Rule 415;

Cutback. If at any time the SEC takes the position that the offering of some or all of the Registrable Securities in a Registration

Statement is not eligible to be made on a delayed or continuous basis under the provisions of Rule 415 under the Securities Act or

requires any Investor to be named as an “underwriter,” the Company shall use commercially reasonable efforts to advocate before

the SEC its reasonable position that the offering contemplated by such Registration Statement is a valid secondary offering and not an

offering “by or on behalf of the issuer” as defined in Rule 415 and that none of the Investors is an “underwriter.”

The Investors shall have the right to select one legal counsel to review and oversee any registration or matters pursuant to this Section 2(e),

including participation in any meetings or discussions with the SEC regarding the SEC’s position and to comment on any written submission

made to the SEC with respect thereto, which counsel shall be designated by the holders of a majority of the Registrable Securities. In

the event that, despite the Company’s commercially reasonable efforts and compliance with the terms of this Section 2(e), the

SEC does not alter its position, the Company shall (i) remove from such Registration Statement such portion of the Registrable Securities

(the “Cut Back Shares”) and/or (ii) agree to such restrictions and limitations on the registration and resale

of the Registrable Securities as the SEC may require to assure the Company’s compliance with the requirements of Rule 415 (collectively,

the “SEC Restrictions”); provided, however, that the Company shall not agree to name any Investor as an “underwriter”

in such Registration Statement without the prior written consent of such Investor. Any cut-back imposed on the Investors pursuant to this

Section 2(e) shall be allocated among the Investors on a pro rata basis and shall be applied first to any of the Registrable

Securities of such Investor as such Investor shall designate, unless the SEC Restrictions otherwise require or provide or the Investors

otherwise agree. No liquidated damages shall accrue as to any Cut Back Shares until such date as the Company is able to effect the registration

of such Cut Back Shares in accordance with any SEC Restrictions applicable to such Cut Back Shares (such date, the “Restriction

Termination Date”). From and after the Restriction Termination Date applicable to any Cut Back Shares, all of the provisions

of this Section 2 (including the Company’s obligations with respect to the filing of a Registration Statement and its obligations

to use commercially reasonable efforts to have such Registration Statement declared effective within the time periods set forth herein

and the liquidated damages provisions relating thereto) shall again be applicable to such Cut Back Shares; provided, however, that (i) the

Filing Deadline and/or the Qualification Deadline, as applicable, for such Registration Statement including such Cut Back Shares shall

be ten (10) Business Days after such Restriction Termination Date, and (ii) the date by which the Company is required to obtain

effectiveness with respect to such Cut Back Shares under Section 2(c) shall be the 90th day immediately after the

Restriction Termination Date (or the 120th day if the SEC reviews such Registration Statement).

3.            Company

Obligations. The Company will use commercially reasonable efforts to effect the registration of the Registrable Securities in accordance

with the terms hereof, and pursuant thereto the Company will, as expeditiously as possible:

(a)            use

commercially reasonable efforts to cause such Registration Statement to become effective and to remain continuously effective for a period

that will terminate upon the earlier of (i) the date on which all Registrable Securities covered by such Registration Statement,

as amended from time to time, have been sold, and (ii) the date on which all Shares and Warrant Shares cease to be Registrable Securities

(the “Effectiveness Period”);

(b)            prepare

and file with the SEC such amendments and post-effective amendments to such Registration Statement and the related Prospectus as may be

necessary to keep such Registration Statement effective for the Effectiveness Period and to comply with the provisions of the Securities

Act and the Exchange Act with respect to the distribution of all of the Registrable Securities covered thereby;

(c)            provide

copies to and permit each Investor to review each Registration Statement and all amendments and supplements thereto no fewer than two

(2) days prior to their filing with the SEC and to furnish reasonable comments thereon;

(d)            furnish

to each Investor whose Registrable Securities are included in any Registration Statement (i) promptly after the same is prepared

and filed with the SEC, if requested by the Investor, one (1) copy of any Registration Statement and any amendment thereto, each

preliminary Prospectus and Prospectus and each amendment or supplement thereto, and each letter written by or on behalf of the Company

to the SEC or the staff of the SEC, and each item of correspondence from the SEC or the staff of the SEC, in each case relating to such

Registration Statement (other than any portion thereof which contains information for which the Company has sought confidential treatment),

and (ii) such number of copies of a Prospectus, including a preliminary Prospectus, and all amendments and supplements thereto and

such other documents as each Investor may reasonably request in order to facilitate the disposition of the Registrable Securities owned

by such Investor that are covered by such Registration Statement;

(e)            use

commercially reasonable efforts to (i) prevent the issuance of any stop order or other suspension of effectiveness and, (ii) if

such order is issued, obtain the withdrawal of any such order at the earliest practical moment;

(f)            prior

to any public offering of Registrable Securities, use commercially reasonable efforts to register or qualify or cooperate with the Investors

and their counsel in connection with the registration or qualification of such Registrable Securities for the offer and sale under the

securities or blue sky laws of such jurisdictions requested by the Investors and do any and all other commercially reasonable acts or

things necessary or advisable to enable the distribution in such jurisdictions of the Registrable Securities covered by the Registration

Statement; provided, however, that the Company shall not be required in connection therewith or as a condition thereto to (i) qualify

to do business in any jurisdiction where it would not otherwise be required to qualify but for this Section 3(f), (ii) subject

itself to general taxation in any jurisdiction where it would not otherwise be so subject but for this Section 3(f), or (iii) file

a general consent to service of process in any such jurisdiction;

(g)            use

commercially reasonable efforts to cause all Registrable Securities covered by a Registration Statement to be listed on The Nasdaq Capital

Market (or the primary securities exchange, interdealer quotation system or other market on which similar securities issued by the Company

are then listed);

(h)            promptly

notify the Investors, at any time prior to the end of the Effectiveness Period, upon discovery that, or upon the happening of any event

as a result of which, the Prospectus includes an untrue statement of a material fact or omits to state any material fact required to be

stated therein or necessary to make the statements therein not misleading in light of the circumstances then existing (provided that such

notice shall not, without the prior written consent of an Investor, disclose to such Investor any material nonpublic information regarding

the Company), and promptly prepare, file with the SEC and furnish to such holder a supplement to or an amendment of such Prospectus as

may be necessary so that such Prospectus shall not include an untrue statement of a material fact or omit to state a material fact required

to be stated therein or necessary to make the statements therein not misleading in light of the circumstances then existing;

(i)            otherwise

use commercially reasonable efforts to comply with all applicable rules and regulations of the SEC under the Securities Act and the

Exchange Act, including, without limitation, Rule 172 under the Securities Act, file any final Prospectus, including any supplement

or amendment thereof, with the SEC pursuant to Rule 424 under the Securities Act, promptly inform the Investors in writing if, at

any time during the Effectiveness Period, the Company does not satisfy the conditions specified in Rule 172 and, as a result thereof,

the Investors are required to deliver a Prospectus in connection with any disposition of Registrable Securities and take such other actions

as may be reasonably necessary to facilitate the registration of the Registrable Securities hereunder; and make available to its security

holders, as soon as reasonably practicable, but not later than the Availability Date (as defined below), an earnings statement covering

a period of at least twelve (12) months, beginning after the effective date of each Registration Statement, which earnings statement

shall satisfy the provisions of Section 11(a) of the Securities Act, including Rule 158 promulgated thereunder (for the

purpose of this subsection 3(i), “Availability Date” means the 45th day following the end of the fourth fiscal quarter

that includes the effective date of such Registration Statement, except that, if such fourth fiscal quarter is the last quarter of the

Company’s fiscal year, “Availability Date” means the 90th day after the end of such fourth fiscal quarter);

(j)            if

requested by an Investor, (i) as soon as reasonably practicable, incorporate in a prospectus supplement or post-effective amendment

such information as an Investor reasonably requests to be included therein relating to the sale and distribution of Registrable Securities,

including, without limitation, information with respect to the number of Registrable Securities being offered or sold, the purchase price

being paid therefor and any other terms of the offering of the Registrable Securities to be sold in such offering; (ii) as soon as

reasonably practicable, make all required filings of such prospectus supplement or post-effective amendment after being notified of the

matters to be incorporated in such prospectus supplement or post-effective amendment; and (iii) as soon as reasonably practicable,

supplement or make amendments to any Registration Statement if reasonably requested by an Investor holding any Registrable Securities;

(k)            within

two (2) Business Days after a Registration Statement which covers Registrable Securities is ordered effective by the SEC, deliver

to the transfer agent for such Registrable Securities (with copies to the Investors whose Registrable Securities are included in such

Registration Statement) confirmation that such Registration Statement has been declared effective by the SEC; and

(l)            with

a view to making available to the Investors the benefits of Rule 144 (or its successor rule) and any other rule or regulation

of the SEC that may at any time permit the Investors to sell shares of Common Stock to the public without registration, covenant and agree

to: (i) make and keep adequate current public information available, as those terms are understood and defined in Rule 144,

until the earlier of (A) six months after such date as all of the Registrable Securities may be sold without restriction by the holders

thereof pursuant to Rule 144 or any other rule of similar effect or (B) such date as all of the Registrable Securities

shall have been resold or shall have otherwise ceased to be Registrable Securities; (ii) file with the SEC in a timely manner all

reports and other documents required of the Company under the Exchange Act; and (iii) furnish to each Investor upon request, as long

as such Investor owns any Registrable Securities, (A) a written statement by the Company that it has complied with the reporting

requirements of the Exchange Act, (B) a copy of the Company’s most recent Annual Report on Form 10-K or Quarterly Report

on Form 10-Q, and (C) such other information as may be reasonably requested in order to avail such Investor of any rule or

regulation of the SEC that permits the selling of any such Registrable Securities without registration.

4.            Due

Diligence Review; Information. The Company shall, upon reasonable prior notice, make available, during normal business hours and for

reasonable periods, for inspection and review by the Investors, and advisors to and representatives of the Investors (who may or may not

be affiliated with the Investors and who are reasonably acceptable to the Company) (collectively, the “Inspectors”),

all pertinent financial and other records, and all other pertinent corporate documents and properties of the Company (collectively, the

“Records”), as may be reasonably necessary for the purpose of such review, and cause the Company’s officers,

directors and employees, within a reasonable time period, to supply all such information reasonably requested by the Inspectors (including,

without limitation, in response to all questions and other inquiries reasonably made or submitted by any of them), prior to and from time

to time after the filing and effectiveness of such Registration Statement for the sole purpose of enabling the Investors and their accountants

and attorneys to conduct initial and ongoing due diligence with respect to the Company and the accuracy of such Registration Statement;

provided, however, that each Inspector shall have agreed in writing to hold in strict confidence and to not make any disclosure (except

to such Investor) or use of any Record or other information which the Company determines in good faith to be confidential, and of which

determination the Inspectors are so notified, unless (a) the disclosure of such Records is necessary to avoid or correct a misstatement

or omission in any Registration Statement or is otherwise required under the Securities Act, (b) the release of such Records is ordered

pursuant to a final, non-appealable subpoena or order from a court or government body of competent jurisdiction, or (c) the information

in such Records has been made generally available to the public other than by disclosure in violation of this Section 4 or any other

Transaction Document.

Notwithstanding the foregoing, the Company shall

not disclose material nonpublic information to the Investors, or to advisors to or representatives of the Investors, unless prior to the

disclosure of such information the Company identifies such information as being material nonpublic information and provides the Investors,

such advisors and such representatives with the opportunity to accept or refuse to accept such material nonpublic information for review

and any Investor wishing to obtain such information enters into an appropriate confidentiality and non-use agreement with the Company

with respect thereto.

5.            Obligations

of the Investors.

(a)            Each

Investor shall furnish in writing to the Company such information regarding itself, the Registrable Securities held by it and the intended

method of disposition of the Registrable Securities held by it, as shall be reasonably required to effect the registration of such Registrable

Securities, and shall execute such documents in connection with such registration as the Company may reasonably request. At least five

(5) Business Days prior to the first anticipated filing date of any Registration Statement, the Company shall notify each Investor

of the information the Company requires from such Investor if such Investor elects to have any of the Registrable Securities included

in such Registration Statement. An Investor shall provide such information, including but not limited to a completed questionnaire substantially

in the form of Exhibit B, to the Company at least three (3) Business Days prior to the first anticipated filing date

of such Registration Statement if such Investor elects to have any of the Registrable Securities included in such Registration Statement.

(b)            Each

Investor, by its acceptance of the Registrable Securities, agrees to cooperate with the Company as reasonably requested by the Company

in connection with the preparation and filing of a Registration Statement hereunder, unless such Investor has notified the Company in

writing of its election to exclude all of its Registrable Securities from such Registration Statement.

(c)            Each

Investor agrees that, upon receipt of any notice from the Company of either (i) the commencement of an Allowed Delay pursuant to

Section 2(c)(ii) or (ii) the happening of an event pursuant to Section 3(h) hereof, such Investor will immediately

discontinue disposition of Registrable Securities pursuant to any Registration Statement covering such Registrable Securities, until the

Investor is advised by the Company that such dispositions may again be made.

(d)            Each

Investor covenants and agrees that it will comply with the prospectus delivery requirements of the Securities Act as applicable to it

or an exemption therefrom in connection with sales of Registrable Securities pursuant to any Registration Statement.

6.            Indemnification.

(a)            Indemnification

by the Company. The Company will indemnify and hold harmless each Investor and its officers, directors, members, employees and agents,

and each other person, if any, who controls such Investor within the meaning of the Securities Act, against any losses, claims, damages

or liabilities, joint or several, to which they may become subject under the Securities Act or otherwise, insofar as such losses, claims,

damages or liabilities (or actions in respect thereof) arise out of or are based upon (i) any untrue statement or alleged untrue

statement or omission or alleged omission of any material fact contained in any Registration Statement, any preliminary Prospectus or

final Prospectus, or any amendment or supplement thereof or (ii) any violation by the Company or its agents of any rule or regulation

promulgated under the Securities Act applicable to the Company or its agents and relating to action or inaction required of the Company

in connection with such registration, and will reimburse such Investor, and each such officer, director, member, employee, agent and each

such controlling person for any legal or other documented, out-of-pocket expenses reasonably incurred by them in connection with investigating

or defending any such loss, claim, damage or liability (or action in respect thereof); provided, however, that the Company will not be

liable in any such case if and to the extent that any such loss, claim, damage or liability arises out of or is based upon (i) an

untrue statement or alleged untrue statement or omission or alleged omission so made in conformity with information furnished by such

Investor or any such controlling person in writing specifically for use in such Registration Statement or Prospectus; (ii) the use

by an Investor of an outdated or defective Prospectus after the Company has notified such Investor in writing that such Prospectus is

outdated or defective; (iii) an Investor’s failure to send or give a copy of the Prospectus or supplement (as then amended

or supplemented), if required (and not otherwise exempted) to the Persons asserting an untrue statement or omission or alleged untrue

statement or omission at or prior to the written confirmation of the sale of Registrable Securities; or (iv) an Investor’s

bad faith, gross negligence, recklessness, fraud or willful misconduct.

(b)            Indemnification

by the Investors. Each Investor agrees, severally but not jointly, to indemnify and hold harmless, to the fullest extent permitted

by law, the Company, its directors, officers, employees, stockholders and each person who controls the Company (within the meaning of

the Securities Act) against any losses, claims, damages, liabilities and expense (including reasonable attorney fees) resulting from any

untrue statement of a material fact or any omission of a material fact required to be stated in any Registration Statement or Prospectus

or preliminary Prospectus or amendment or supplement thereto or necessary to make the statements therein not misleading, to the extent,

but only to the extent that such untrue statement or omission is contained in any information furnished in writing by such Investor to

the Company specifically for inclusion in such Registration Statement or Prospectus or amendment or supplement thereto. Except to the

extent that any such losses, claims, damages, liabilities or expenses are finally judicially determined to have resulted from an Investor’s

bad faith, gross negligence, recklessness, fraud or willful misconduct, in no event shall the liability of an Investor be greater in amount

than the dollar amount of the proceeds (net of all expenses paid by such Investor in connection with any claim relating to this Section 6

and the amount of any damages such Investor has otherwise been required to pay by reason of such untrue statement or omission) received

by such Investor upon the sale of the Registrable Securities included in such Registration Statement giving rise to such indemnification

obligation.

(c)            Conduct

of Indemnification Proceedings. Any person entitled to indemnification hereunder shall (i) give prompt written notice to the

indemnifying party of any claim with respect to which it seeks indemnification and (ii) permit such indemnifying party to assume

the defense of such claim with counsel reasonably satisfactory to the indemnified party; provided that any person entitled to indemnification

hereunder shall have the right to employ separate counsel and to participate in the defense of such claim, but the fees and expenses of

such counsel shall be at the expense of such person unless (a) the indemnifying party has agreed in writing to pay such fees or expenses,

(b) the indemnifying party shall have failed to assume the defense of such claim and employ counsel reasonably satisfactory to such

person or (c) in the reasonable judgment of any such person, based upon written advice of its counsel, a conflict of interest exists

between such person and the indemnifying party with respect to such claims (in which case, if the person notifies the indemnifying party

in writing that such person elects to employ separate counsel at the expense of the indemnifying party, the indemnifying party shall not

have the right to assume the defense of such claim on behalf of such person); and provided, further, that the failure of any indemnified

party to give written notice as provided herein shall not relieve the indemnifying party of its obligations hereunder, except to the extent

that such failure to give notice shall materially adversely affect the indemnifying party in the defense of any such claim or litigation.

It is understood that the indemnifying party shall not, in connection with any proceeding in the same jurisdiction, be liable for fees

or expenses of more than one separate firm of attorneys at any time for all such indemnified parties. No indemnifying party will, except

with the consent of the indemnified party, which shall not be unreasonably withheld or conditioned, consent to entry of any judgment or

enter into any settlement that does not include as an unconditional term thereof the giving by the claimant or plaintiff to such indemnified

party of a release from all liability in respect of such claim or litigation.

(d)            Contribution.

If for any reason the indemnification provided for in the preceding paragraphs (a) and (b) is unavailable to an indemnified

party or insufficient to hold it harmless, other than as expressly specified therein, then the indemnifying party shall contribute to

the amount paid or payable by the indemnified party as a result of such loss, claim, damage or liability in such proportion as is appropriate

to reflect the relative fault of the indemnified party and the indemnifying party, as well as any other relevant equitable considerations.

No person guilty of fraudulent misrepresentation within the meaning of Section 11(f) of the Securities Act shall be entitled

to contribution from any person not guilty of such fraudulent misrepresentation. Except to the extent that any such losses, claims, damages

or liabilities are finally judicially determined to have resulted from a holder of Registrable Securities’ bad faith, gross negligence,

recklessness, fraud or willful misconduct, in no event shall the contribution obligation of such holder be greater in amount than the

dollar amount of the proceeds (net of all expenses paid by such holder in connection with any claim relating to this Section 6 and

the amount of any damages such holder has otherwise been required to pay by reason of such untrue or alleged untrue statement or omission

or alleged omission) received by it upon the sale of the Registrable Securities giving rise to such contribution obligation.

7.            Miscellaneous.

(a)            Effective

Date. This Agreement shall be effective as of the Closing, and if the Closing has not occurred on or prior to fifth Trading Day following

the date of the Purchase Agreement, unless otherwise mutually agreed, then this Agreement shall be null and void.

(b)           Amendments

and Waivers. This Agreement may be amended only by a writing signed by the Company and the Required Investors. The Company may take

any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company shall have obtained

the written consent to such amendment, action or omission to act of the Required Investors.

(c)           Notices.

All notices and other communications provided for or permitted hereunder shall be made as set forth in Section 5.4 of the Purchase

Agreement.

(d)           Assignments

and Transfers by Investors. The provisions of this Agreement shall be binding upon and inure to the benefit of the Investors and their

respective successors and assigns. An Investor may transfer or assign, in whole or from time to time in part, to one or more persons its

rights hereunder in connection with the transfer of Registrable Securities by such Investor to such person, provided that such Investor

complies with all laws applicable thereto, and the provisions of the Purchase Agreement, and provides written notice of assignment to

the Company promptly after such assignment is effected, and such person agrees in writing to be bound by all of the provisions contained

herein.

(e)           Assignments

and Transfers by the Company. This Agreement may not be assigned by the Company (whether by operation of law or otherwise) without

the prior written consent of the Required Investors, provided, however, that in the event that the Company is a party to a merger, consolidation,

share exchange or similar business combination transaction in which the Common Stock is converted into the equity securities of another

Person, from and after the effective time of such transaction, such Person shall, by virtue of such transaction and without prior written

consent of the Required Investors, be deemed to have assumed the obligations of the Company hereunder, the term “Company”

shall be deemed to refer to such Person and the term “Registrable Securities” shall be deemed to include the securities received

by the Investors in connection with such transaction unless such securities are otherwise freely tradable by the Investors after giving

effect to such transaction.

(f)            Benefits

of the Agreement. The terms and conditions of this Agreement shall inure to the benefit of and be binding upon the respective permitted

successors and assigns of the parties. Nothing in this Agreement, express or implied, is intended to confer upon any party other than

the parties hereto or their respective successors and assigns any rights, remedies, obligations, or liabilities under or by reason of

this Agreement, except as expressly provided in this Agreement.

(g)           Counterparts.

This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall

constitute one and the same instrument. Counterparts may be delivered via facsimile, electronic mail (including pdf or any electronic

signatures complying with the U.S. federal ESIGN Act of 2000, e.g., www.docusign.com) or other transmission method and any counterpart

so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes.

(h)           Titles

and Subtitles. The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing

or interpreting this Agreement.

(i)            Severability.

Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective

to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof but shall be interpreted as

if it were written so as to be enforceable to the maximum extent permitted by applicable law, and any such prohibition or unenforceability

in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. To the extent permitted by

applicable law, the parties hereby waive any provision of law which renders any provisions hereof prohibited or unenforceable in any respect.

(j)            Further

Assurances. The parties shall execute and deliver all such further instruments and documents and take all such other actions as may

reasonably be required to carry out the transactions contemplated hereby and to evidence the fulfillment of the agreements herein contained.

(k)            Entire

Agreement. This Agreement is intended by the parties as a final expression of their agreement and intended to be a complete and exclusive

statement of the agreement and understanding of the parties hereto in respect of the subject matter contained herein. This Agreement supersedes

all prior agreements and understandings between the parties with respect to such subject matter.

(l)            Governing

Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of New York. Service of process

in connection with any such suit, action or proceeding may be served on each party hereto anywhere in the world by the same methods as

are specified for the giving of notices under this Agreement.

(m)          Cumulative

Remedies. The remedies provided herein are cumulative and not exclusive of any remedies provided by law.

[remainder of page intentionally left blank]

IN WITNESS WHEREOF, the parties have executed this

Agreement or caused their duly authorized officers to execute this Agreement as of the date first above written.

COMPANY:

CURIS, INC.

By:

Name: Diantha Duvall

Title:    Chief Financial Officer

INVESTOR:

[__________________]

By:

Name:

Title:

Exhibit A

Plan of Distribution

The selling stockholders, which as used herein

includes donees, pledgees, transferees or other successors-in-interest selling shares of common stock or interests in shares of common

stock received after the date of this prospectus from a selling stockholder as a gift, pledge, partnership distribution or other transfer,

may, from time to time, sell, transfer or otherwise dispose of any or all of their shares of common stock or interests in shares of common

stock on any stock exchange, market or trading facility on which the shares are traded or in private transactions. These dispositions

may be at fixed prices, at prevailing market prices at the time of sale, at prices related to the prevailing market price, at varying

prices determined at the time of sale, or at negotiated prices.

The selling stockholders may use any one or more

of the following methods when disposing of shares or interests therein:

– ordinary brokerage transactions and transactions

in which the broker-dealer solicits purchasers;

– block trades in which the broker-dealer

will attempt to sell the shares as agent, but may position and resell a portion of the block as principal to facilitate the transaction;

– purchases by a broker-dealer as principal

and resale by the broker-dealer for its account;

– an exchange distribution in accordance

with the rules of the applicable exchange;

– privately negotiated transactions;

– short sales and settlement of short sales

entered into after the effective date of the registration statement of which this prospectus is a part;

– through the writing or settlement of options

or other hedging transactions, whether through an options exchange or otherwise;

– broker-dealers may agree with the selling

stockholders to sell a specified number of such shares at a stipulated price per share;

– a combination of any such methods of sale;

and

– any other method permitted by applicable

law.

The selling stockholders may, from time to time,

pledge or grant a security interest in some or all of the shares of common stock owned by them and, if they default in the performance

of their secured obligations, the pledgees or secured parties may offer and sell the shares of common stock, from time to time, under

this prospectus, or under an amendment to this prospectus under Rule 424(b)(3) or other applicable provision of the Securities

Act of 1933, as amended (the “Securities Act”), amending the list of selling stockholders to include the pledgee, transferee

or other successors in interest as selling stockholders under this prospectus. The selling stockholders also may transfer the shares of

common stock in other circumstances, in which case the transferees, pledgees or other successors in interest will be the selling beneficial

owners for purposes of this prospectus.

In connection with the sale of our common stock

or interests therein, the selling stockholders may enter into hedging transactions with broker-dealers or other financial institutions,

which may in turn engage in short sales of the common stock in the course of hedging the positions they assume. The selling stockholders

may also sell shares of our common stock short and deliver these securities to close out their short positions, or loan or pledge the

common stock to broker-dealers that in turn may sell these securities. The selling stockholders may also enter into option or other transactions

with broker-dealers or other financial institutions or the creation of one or more derivative securities which require the delivery to

such broker-dealer or other financial institution of shares offered by this prospectus, which shares such broker-dealer or other financial

institution may resell pursuant to this prospectus (as supplemented or amended to reflect such transaction).

The aggregate proceeds to the selling stockholders

from the sale of the common stock offered by them will be the purchase price of the common stock less discounts or commissions, if any.

Each of the selling stockholders reserves the right to accept and, together with their agents from time to time, to reject, in whole or

in part, any proposed purchase of common stock to be made directly or through agents. We will not receive any of the proceeds from this

offering. Upon any exercise of the warrants by payment of cash, however, we will receive the exercise price of the warrants.

The selling stockholders also may resell all or

a portion of the shares in open market transactions in reliance upon Rule 144 under the Securities Act, provided that they meet the

criteria and conform to the requirements of that rule.

The selling stockholders and any underwriters,

broker-dealers or agents that participate in the sale of the common stock or interests therein may be “underwriters” within

the meaning of Section 2(11) of the Securities Act. Any discounts, commissions, concessions or profit they earn on any resale of

the shares may be underwriting discounts and commissions under the Securities Act. Selling stockholders who are “underwriters”

within the meaning of Section 2(11) of the Securities Act will be subject to the prospectus delivery requirements of the Securities

Act.

To the extent required, the shares of our common

stock to be sold, the names of the selling stockholders, the respective purchase prices and public offering prices, the names of any agents,

dealers or underwriters, and any applicable commissions or discounts with respect to a particular offer will be set forth in an accompanying

prospectus supplement or, if appropriate, a post-effective amendment to the registration statement that includes this prospectus.

In order to comply with the securities laws of

some states, if applicable, the common stock may be sold in these jurisdictions only through registered or licensed brokers or dealers.

In addition, in some states the common stock may not be sold unless it has been registered or qualified for sale or an exemption from

registration or qualification requirements is available and is complied with.

We have advised the selling stockholders that the

anti-manipulation rules of Regulation M under the Securities Exchange Act of 1934, as amended, may apply to sales of shares

in the market and to the activities of the selling stockholders and their affiliates. In addition, to the extent applicable, we will make

copies of this prospectus (as it may be supplemented or amended from time to time) available to the selling stockholders for the purpose

of satisfying the prospectus delivery requirements of the Securities Act. The selling stockholders may indemnify any broker-dealer that

participates in transactions involving the sale of the shares against certain liabilities, including liabilities arising under the Securities

Act.

We have agreed to indemnify the selling stockholders

against liabilities, including liabilities under the Securities Act and state securities laws, relating to the registration of the shares

offered by this prospectus.

We have agreed with the selling stockholders to

use commercially reasonable efforts to cause the registration statement of which this prospectus constitutes a part to remain continuously

effective until the earlier of (1) such time as all of the shares covered by this prospectus have been disposed of pursuant to and

in accordance with such registration statement or (2) the date on which all of the shares may be sold without restriction pursuant

to Rule 144 of the Securities Act.

Exhibit B

Form of Selling Stockholder Questionnaire

CURIS, INC.

SELLING STOCKHOLDER QUESTIONNAIRE

Reference is made to that certain registration

rights agreement (the “Registration Rights Agreement”), dated as of October 16, 2026, by and among Curis, Inc.

(the “Company”) and the parties named therein. Capitalized terms used and not defined herein shall have the meanings

given to such terms in the Registration Rights Agreement.

The undersigned holder of the Registrable Securities

(the “undersigned or “Selling Stockholder”) is providing this Selling Stockholder Questionnaire pursuant to Section 5(a) of

the Registration Rights Agreement. The undersigned, by signing and returning this Selling Stockholder Questionnaire, understands that

it will be bound by the terms and conditions of this Selling Stockholder Questionnaire and the Registration Rights Agreement. The undersigned

hereby acknowledges its indemnity obligations pursuant to Section 6(b) of the Registration Rights Agreement.

The undersigned further acknowledges that the

Company intends to use the information set forth below in preparing a resale registration statement (the “Resale Registration

Statement”) relating to the Registrable Securities. The undersigned understands that failure to provide the requested information

may result in the Company’s exclusion of the undersigned Registrable Securities from the Resale Registration Statement.

The undersigned provides the following information

to the Company and represents and warrants that such information is accurate and complete as of [●].

PART A.

BACKGROUND INFORMATION

(1) (a)

Full Legal Name of the Selling Stockholder:

(b) Full Legal Name of Registered Holder (if not the same as (a) above) through which Registrable Securities listed in (3) below

are held:

(c) Full Legal Name of DTC Participant (if applicable and if not the same as (b) above) through which Registrable Securities listed

in (3) below are held:

(2) Address for Notices to the Selling Stockholder:

Telephone:

Contact Person:

(3) Beneficial Ownership of Registrable Securities (the securities

being purchased pursuant to the Purchase Agreement):

(a) Type and Principal Amount/Number of Registrable Securities beneficially owned:

(b) CUSIP No(s). of such Registrable Securities beneficially owned:

(4) Beneficial Ownership of Other Securities of the Company Owned by the Selling Stockholder:

Except as set forth below in this Item (4), the Selling Stockholder

is not the beneficial or registered owner of any securities of the Company other than the Registrable Securities listed above in Item

(3).

(a) Type and Amount of Other Securities beneficially owned by the Selling Stockholder:

(b) CUSIP No(s). of such Other Securities beneficially owned:

PART B.

RESALE REGISTRATION STATEMENT QUESTIONS

1. Affiliation with Broker-Dealers: Is the undersigned a registered broker-dealer

or an affiliate of a registered broker-dealer? For purposes of this question, an “affiliate” of a specified person or entity

means a person or entity that directly, or indirectly through one or more intermediaries, controls or is controlled by, or is under common

control with, the person or entity specified.

Yes                                   No

If so, please answer the remaining questions in this section.

Please identify the registered broker-dealer(s) and

describe the nature of the affiliation(s) between the undersigned and any registered broker-dealers:

2. If the Registrable Securities are being purchased by you other than in the ordinary course of business,

please describe the circumstances:

3. If you, at the time of purchasing the Registrable Securities, will have

any agreements or understandings, directly or indirectly, with any person to distribute the Registrable Securities, please describe such

agreements or understandings:

4. Relationship with the Company:

(A) Have you or any of your affiliates, officers, directors or principal equity holders (owners of 5% or more

of the equity securities of the undersigned) held any position or office or have you had any other material relationship with the Company

(or its predecessors or affiliates) within the past three years?

Yes                                   No

(B) If so, please state the nature and duration of your relationship with the Company:

5. Plan of Distribution: Except as set forth below, the undersigned intends

to distribute its Registrable Securities pursuant to the Resale Registration Statement in accordance with the “Plan of Distribution”

that will be included therein, a copy of which is attached as Exhibit A to the Registration Rights Agreement by and among the Company

and the Investors:

State any exceptions here:

6. Potential Nature of Beneficial Holding: The purpose of this question is

to identify the ultimate natural person(s) or publicly held entity that will exercise(s) sole or shared voting or dispositive

power over the Registrable Securities.

(A) Is the undersigned required to file, or is it a wholly-owned subsidiary of a company that is required

to file, periodic and other reports (for example, Forms 10-K, 10-Q, 8-K) with the Securities and Exchange Commission (the “SEC”)

pursuant to section 13(a) or 15(d) of the Exchange Act?

Yes                                                                  No

(B) State whether the undersigned is a subsidiary of an investment company, registered under the Investment Company Act of 1940:

Yes                                                                  No

If a subsidiary, please identify the publicly-held parent

entity:

If you answered “Yes” to these two questions (Part B,

clauses 6(A) and (B)), you may skip the next question, and proceed to the signature page of this Questionnaire.

(C) Please identify the controlling person(s) of the undersigned (the “Controlling Entity”).

If the Controlling Entity is not a natural person or a publicly held entity, please identify each controlling person(s) of such Controlling

Entity. This process should be repeated until you reach natural persons or a publicly held entity that will exercise sole or shared voting

or dispositive power over the Registrable Securities:

Please find below an example of the requested

natural person disclosure:

The securities will be held by [VC

Fund I] and [VC Fund II]. The [sole general partner] of [VC Fund I] and [VC Fund II] is [VC Management LLC]. The [managers] of [VC Management

LLC] are [John Smith] and [Jane Doe]. These individuals may be deemed to have shared voting and investment power of the securities held

by [VC Fund I] and [VC Fund II]. Each of these individuals will disclaim beneficial ownership of such securities, except to the extent

of his or her pecuniary interest therein.

(D) Please provide contact information for all controlling persons and Controlling Entities identified in Part B, clause 6(C) above:

Name of controlling

person or Controlling

Entity (including

contact person for

Controlling Entities)

Mailing Address

E-Mail Address

Telephone Number

The Company hereby advises the Investor that the

SEC currently takes the position that coverage of Short Sales (as defined in the Purchase Agreement) of shares of common stock “against

the box” prior to effectiveness of a resale registration statement with securities included in such registration statement would

be a violation of Section 5 of the Securities Act, as set forth in Item 239.10 of the Securities Act Rules Compliance and Disclosure

Interpretations compiled by the Office of Chief Counsel, Division of Corporation Finance.

If you need more space for any response, please

attach additional sheets of paper. Please be sure to indicate your name and the number of the item being responded to on each such additional

sheet of paper, and to sign each such additional sheet of paper before attaching it to this Questionnaire. Please note that you may be

asked to answer additional questions depending on your responses to the above questions.

Certain legal consequences arise from being named

as a selling stockholder in the Resale Registration Statement and the related prospectus. Accordingly, holders and beneficial owners of

Registrable Securities are advised to consult their own securities law counsel regarding the consequences of being named or not being

named as a selling stockholder in the Resale Registration Statement and the related prospectus.

By signing below, the undersigned elects to include

the Registrable Securities owned by it in the Registration Statement and consents to the disclosure of the information contained herein

and the inclusion of such information in the Resale Registration Statement, any amendments thereto and the related prospectus or other

filings with the SEC. The undersigned understands that such information will be relied upon by the Company in connection with the preparation

or amendment of the Resale Registration Statement and the related prospectus.

The Selling Stockholder acknowledges that it understands

its obligations to comply with the provisions of the Securities Exchange Act of 1934, as amended, and the rules thereunder relating

to stock manipulation, particularly Regulation M thereunder (or any successor rules or regulations), in connection with any offering

of Registrable Securities pursuant to the Resale Registration Agreement. The Selling Stockholder agrees that neither it nor any person

acting on its behalf will engage in any transaction in violation of such provisions.

The undersigned agrees to notify the Company immediately

of any changes in the foregoing information and to furnish any supplementary information that may be appropriate.

[Signature Page Follows]

IN WITNESS WHEREOF, the undersigned has executed this Questionnaire

this           day of                     ,

2026, and declares that it is truthful and correct.

A. FOR EXECUTION BY AN ENTITY:

Entity Name:

By:

Date

Print Name:

Title:

B. ADDITIONAL SIGNATURES (if required by partnership, corporation or trust document):

Entity Name:

By:

Date

Print Name:

Title:

Entity Name:

By:

Date

Print Name:

Title:

C. FOR EXECUTION BY AN INDIVIDUAL:

By:

Date

Print Name:

EX-10.3 — EXHIBIT 10.3

EX-10.3

Filename: tm2627615d1_ex10-3.htm · Sequence: 8

Exhibit 10.3

A.G.P./Alliance Global Partners

590 Madison Avenue, 28th Floor

New York, NY 10022

and

Laidlaw & Company (UK) Ltd.

521 5th Ave, 12th Floor

New York, NY 10175

October 16, 2026

Curis, Inc.

128 Spring Street, Building C – Suite 500

Lexington, MA 02421

Attention: Diantha Duvall, Chief Financial Officer

Re:

Placement Agency Agreement

Dear Ms. Duvall:

Subject to the terms and conditions

of this letter agreement (the “Agreement”) between A.G.P./Alliance Global Partners (the “Lead Placement Agent”)

and Laidlaw & Company (UK) Ltd. (the “Co-Placement Agent” and together with the Lead Placement Agent, the

“Placement Agents”) and Curis, Inc., a Delaware corporation (the “Company”), the parties hereby

agree that the Placement Agents shall serve as the exclusive placement agents for the Company, on a “reasonable best efforts”

basis, in connection with the proposed placement (the “Placement”) of securities of the Company, consisting of: shares

(the “Shares”) of common stock, par value $0.01 per share (“Common Stock”) or, in lieu of Shares,

pre-funded warrants to purchase shares of Common Stock (the “Pre-Funded Warrants”) and warrants to purchase Common

Stock (the “Common Warrants” and together with the Pre-Funded Warrants and the Shares, the “Securities”).

The Securities actually placed by the Placement Agents are referred to herein as the “Placement Agent Securities.”

The Shares, the Common Warrants, the Pre-Funded Warrants and the Common Stock underlying the Common Warrants and Pre-Funded Warrants shall

be offered and sold in a private placement pursuant to an exemption from the registration requirements of Section 5 of the Securities

Act of 1933, as amended (the “Securities Act”) contained in Section 4(a)(2) thereof and/or Regulation D promulgated

under the Securities Act. The documents executed and delivered by the Company and the Purchasers (as defined below) in connection with

the Placement, including, without limitation, a securities purchase agreement (the “Purchase Agreement”), shall be

collectively referred to herein as the “Transaction Documents.” The terms of the Placement shall be mutually agreed

upon by the Company and the purchasers listed in the Purchase Agreement (each, a “Purchaser” and collectively, the

“Purchasers”), and nothing herein constitutes that the Placement Agents would have the power or authority to bind the

Company or any Purchaser, or an obligation for the Company to issue any Placement Agent Securities or complete the Placement. The Company

expressly acknowledges and agrees that the Placement Agents’ obligations hereunder are on a reasonable best efforts basis only and

that the execution of this Agreement does not constitute a commitment by the Placement Agents to purchase the Placement Agent Securities

and does not ensure the successful placement of the Placement Agent Securities or any portion thereof or the success of the Placement

Agents with respect to securing any other financing on behalf of the Company. The Placement Agents may retain other brokers or dealers

to act as sub-agents or selected-dealers on their behalf in connection with the Placement; provided, however, that the Company shall first

approve any such sub-agents or selected-dealers. Certain affiliates of the Placement Agents may participate in the Placement by purchasing

some of the Placement Agent Securities. The sale of Placement Agent Securities to any Purchaser will be evidenced by the Purchase Agreement

between the Company and such Purchaser, in a form reasonably acceptable to the Company and the Purchaser. Capitalized terms that are not

otherwise defined herein have the meanings given to such terms in the Purchase Agreement. Prior to the signing of any Purchase Agreement,

officers of the Company will be available to answer inquiries from prospective Purchasers.

SECTION 1. REPRESENTATIONS

AND WARRANTIES OF THE COMPANY; COVENANTS OF THE COMPANY.

A.

Representations of the Company. With respect to the Placement Agent Securities, each of the representations and warranties (together with any related disclosure schedules thereto) and covenants made by the Company to the Purchasers in the Purchase Agreement in connection with the Placement, is hereby incorporated herein by reference into this Agreement (as though fully restated herein) and is, as of the date of this Agreement and as of the Closing Date, hereby made to, and in favor of, the Placement Agents. In addition to the foregoing, the Company represents and warrants that there are no affiliations with any Financial Industry Regulatory Authority (“FINRA”) member firm participating in the Placement among the Company’s officers, directors or, to the knowledge of the Company, any five percent (5.0%) or greater stockholder of the Company, except as set forth in the Purchase Agreement.

B.

Covenants of the Company. The covenants made by the Company with the Purchasers in Section 4.11 of the Purchase Agreement are hereby incorporated herein by reference into this Agreement (as though fully restated herein).

SECTION 2.REPRESENTATIONS

OF THE PLACEMENT AGENTS. The Placement Agents each represent and warrant that it: (i) is a member in good standing of FINRA,

(ii) is registered as a broker/dealer under the Securities Exchange Act of 1934, as amended (the “Exchange Act”),

(iii) is licensed as a broker/dealer under the laws of the United States of America, applicable to the offers and sales of the Placement

Agent Securities by the Placement Agents, (iv) is and will be a corporate body validly existing under the laws of its place of incorporation,

and (v) has full power and authority to enter into and perform its obligations under this Agreement. The Placement Agents will immediately

notify the Company in writing of any change in their status with respect to subsections (i) through (v) above. Each of the Placement

Agents covenants that it will use its reasonable best efforts to conduct the Placement hereunder in compliance with the provisions of

this Agreement and the requirements of applicable law.

SECTION 3. COMPENSATION.

In consideration of the services to be provided for hereunder, the Company shall pay to the Placement Agents and/or its designees total

cash fee equal to six and a half percent (6.5%) of gross proceeds from the Placement of the total amount of Placement Agent Securities

sold. For the avoidance of doubt, the Placement Agents agree that such fee shall be the total fee owed by the Company to the Placement

Agents under any engagement letters entered into between the Placement Agents (the “Engagement Letters”) and the Company and

shall not be in addition to any fees set forth in the Engagement Letters. The Placement Agents reserve the right to reduce any item of

compensation, including the reimbursement of expenses described in Section 4 below, or adjust the terms thereof as specified herein

in the event that a determination shall be made by FINRA to the effect that the Placement Agents’ aggregate compensation is in excess

of FINRA Rules or that the terms thereof require adjustment.

SECTION 4. EXPENSES.

The Company agrees to pay all costs, fees and expenses incurred by the Company in connection with the performance of its obligations hereunder

and in connection with the transactions contemplated hereby, including, without limitation: (i) all expenses incident to the issuance,

delivery and qualification of the Placement Agent Securities (including all printing and engraving costs); (ii) all fees and expenses

of the transfer agent; (iii) all necessary issue, transfer and other stamp taxes in connection with the issuance and sale of the

Placement Agent Securities; (iv) all fees and expenses of the Company’s counsel, independent public or certified public accountants

and other advisors; (v) all filing fees, reasonable attorneys’ fees and expenses incurred by the Company in connection with

qualifying or registering (or obtaining exemptions from the qualification or registration of) all or any part of the Placement Agent Securities

for offer and sale under the state securities or blue sky laws or the securities laws of any other country; (vi) the fees and expenses

associated with including the Placement Agent Securities on the Trading Market; (vii) up to $85,000 for accountable expenses related

to legal fees of external counsel to the Placement Agents and (viii) up to $10,000 in non-accountable expenses. For the avoidance

of doubt, the Placement Agents agree that such expenses shall be the total expenses owed by the Company to the Placement Agents under

the Engagement Letters and the Company and shall not be in addition to any expenses set forth in the Engagement Letters.

SECTION 5. [Reserved].

SECTION 6. INDEMNIFICATION.

A.

To the extent permitted by law, with respect to the Placement Agent Securities, the Company will indemnify the Placement Agents and each of their respective affiliates, stockholders, directors, officers, employees, members and controlling persons (within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act) against all losses, claims, damages, expenses and liabilities, as the same are incurred (including the reasonable fees and expenses of counsel), relating to or arising out of their activities hereunder or pursuant to this Agreement, except to the extent that any losses, claims, damages, expenses or liabilities (or actions in respect thereof) are found in a final judgment (not subject to appeal) by a court of law to have resulted primarily from the Placement Agents’ bad faith, willful misconduct or gross negligence in performing the services described herein.

B.

Promptly after receipt by a Placement Agent of notice of any claim or the commencement of any action or proceeding with respect to which such Placement Agent is entitled to indemnity hereunder, such Placement Agent will notify the Company in writing of such claim or of the commencement of such action or proceeding, but failure to so notify the Company shall not relieve the Company from any obligation it may have hereunder, except and only to the extent such failure results in the forfeiture by the Company of substantial rights and defenses or materially adversely impacts the Company. If the Company so elects or is requested by a Placement Agent, the Company will assume the defense of such action or proceeding and will employ counsel reasonably satisfactory to such Placement Agent and will pay the reasonable fees and expenses of such counsel. Notwithstanding the preceding sentence, the Placement Agents will be entitled to employ its own counsel separate from counsel for the Company and from any other party in such action if counsel for the Placement Agents reasonably determines that it would be conflict of interest under the applicable rules of professional responsibility for the same counsel to represent both the Company and the Placement Agents. In such event, the reasonable fees and disbursements of no more than one such separate counsel will be paid by the Company, in addition to reasonable fees of local counsel. The Company will have the right to settle the claim or proceeding provided that the Company will not settle any such claim, action or proceeding without the prior written consent of the Placement Agents, which will not be unreasonably withheld. The Company shall not be liable for any settlement of any action effected without its written consent, which will not be unreasonably withheld.

C.

The Company agrees to notify the Placement Agents promptly of the assertion against it or any other person of any claim or the commencement of any action or proceeding relating to a transaction contemplated by this Agreement.

D.

If for any reason the foregoing indemnity is unavailable to the Placement Agents or insufficient to hold the Placement Agents harmless (other than due to the express provisions thereof), then the Company shall contribute to the amount paid or payable by the Placement Agents as a result of such losses, claims, damages or liabilities in such proportion as is appropriate to reflect not only the relative benefits received by the Company on the one hand and the Placement Agents on the other, but also the relative fault of the Company on the one hand and the Placement Agents on the other that resulted in such losses, claims, damages or liabilities, as well as any relevant equitable considerations. The amounts paid or payable by a party in respect of losses, claims, damages and liabilities referred to above shall be deemed to include any legal or other fees and expenses incurred in defending any litigation, proceeding or other action or claim. Notwithstanding the provisions hereof, the Placement Agents’ share of the liability hereunder shall not be in excess of the amount of fees actually received, or to be received, by the Placement Agents under this Agreement (excluding any amounts received as reimbursement of expenses incurred by the Placement Agents).

E.

These indemnification provisions shall remain in full force and effect whether or not the transaction contemplated by this Agreement is completed and shall survive the termination of this Agreement, and shall be in addition to any liability that the Company might otherwise have to any indemnified party under this Agreement or otherwise.

SECTION 7. ENGAGEMENT

TERM. The Placement Agents’ engagement hereunder will be until the earlier of the Closing Date and November 9, 2026 (the

“Term”). The date of termination of this Agreement is referred to herein as the “Termination Date.”

In the event, however, in the course of the Placement Agents’ performance of due diligence they deem it necessary to terminate the

engagement, the Placement Agents may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder

for any reason prior to the Termination Date but will remain responsible for fees pursuant to Section 3 hereof with respect to the

Placement Agent Securities if sold in the Placement. Notwithstanding anything to the contrary contained herein, the provisions concerning

the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof and the provisions concerning confidentiality,

indemnification and contribution contained herein, as well as provisions in Sections 9 and 11 hereof will survive any expiration or termination

of this Agreement. If this Agreement is terminated prior to the completion of the Placement, all fees and expenses due to the Placement

Agents as set forth in Section 3 and Section 4 shall be paid by the Company to the Placement Agents (in the event such fees

are earned or owed as of the Termination Date). The Placement Agents agree not to use any confidential information concerning the Company

provided to the Placement Agents by the Company for any purposes other than those contemplated under this Agreement.

SECTION 8. PLACEMENT

AGENTS’ INFORMATION. The Company agrees that any information or advice rendered by the Placement Agents in connection with this

engagement is for the confidential use of the Company only in its evaluation of the Placement and, except as otherwise required by law,

the Company will not disclose or otherwise refer to the advice or information in any manner without the Placement Agents’ prior

written consent.

SECTION 9. NO FIDUCIARY

RELATIONSHIP. This Agreement does not create, and shall not be construed as creating rights enforceable by any person or entity not

a party hereto, except those entitled hereto by virtue of the indemnification provisions hereof. The Company acknowledges and agrees that

the Placement Agents are not and shall not be construed as a fiduciary of the Company and shall have no duties or liabilities to the equity

holders or the creditors of the Company or any other person by virtue of this Agreement or the retention of the Placement Agents hereunder,

all of which are hereby expressly waived.

SECTION 10. CLOSING.

The obligations of the Placement Agents, and the closing of the sale of the Placement Agent Securities hereunder are subject to the accuracy,

when made and on the Closing Date, of the representations and warranties on the part of the Company contained herein and in the Purchase

Agreement, to the performance by the Company of its obligations hereunder and in the Purchase Agreement, and to each of the following

additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement Agents:

A.

All corporate proceedings and other legal matters incident to the authorization, form, execution, delivery and validity of each of this Agreement, the Placement Agent Securities, and all other legal matters relating to this Agreement and the transactions contemplated hereby with respect to the Placement Agent Securities shall be reasonably satisfactory in all material respects to the Placement Agents.

B.

The Placement Agents shall have received from Company counsel, such counsel’s written legal opinion with respect to the Placement Agent Securities in form and substance reasonably satisfactory to the Placement Agents.

C.

The Placement Agents shall have received executed Lock-Up Agreements from the Company’s executive officers and directors.

D.

The class of Common Stock sold in the Placement, including shares of Common Stock issuable upon the exercise of the Pre-Funded Warrants and Common Warrants, must be registered under the Exchange Act. The Company shall have taken no action designed to, or likely to have the effect of, terminating the registration of such class of Common Stock under the Exchange Act or delisting or suspending from trading the Common Stock from the Trading Market or other applicable U.S. national exchange, nor has the Company received any information suggesting that the Commission or the Trading Market or other U.S. applicable national exchange is contemplating terminating such registration or listing.

E.

No action shall have been taken and no statute, rule, regulation or order shall have been enacted, adopted or issued by any governmental agency or body which would, as of the Closing Date, prevent the issuance or sale of the Placement Agent Securities or materially and adversely affect or potentially and adversely affect the business or operations of the Company; and no injunction, restraining order or order of any other nature by any federal or state court of competent jurisdiction shall have been issued as of the Closing Date which would prevent the issuance or sale of the Placement Agent Securities or materially and adversely affect or potentially and adversely affect the business or operations of the Company.

F.

The Company shall have entered into a Purchase Agreement with each of the Purchasers of the Placement Agent Securities and such agreements shall be in full force and effect and shall contain representations, warranties and covenants of the Company as agreed upon between the Company and the Purchasers.

G.

FINRA shall have raised no objection to the fairness and reasonableness of the terms and arrangements of this Agreement. In addition, the Company shall, if requested by the Placement Agents, make or authorize Placement Agents’ counsel to make on the Company’s behalf, any filing with the FINRA Corporate Financing Department pursuant to FINRA Rule 5110 with respect to the Placement and pay all filing fees required in connection therewith.

H.

The Placement Agents shall have received customary certificates from one or more of the Company’s executive officers, as to the accuracy of the representations and warranties contained in the Purchase Agreement and a certificate of the Company’s secretary certifying (i) that the Company’s charter documents are true and complete, have not been modified and are in full force and effect; (ii) that the resolutions of the Company’s Board of Directors relating to the Placement are in full force and effect and have not been modified; and (iii) as to the incumbency of the officers of the Company.

If any of the conditions specified

in this Section 10 shall not have been fulfilled when and as required by this Agreement, all obligations of the Placement Agents

hereunder may be cancelled by the Placement Agents at, or at any time prior to, the Closing Date. Notice of such cancellation shall be

given to the Company in writing or orally. Any such oral notice shall be confirmed promptly thereafter in writing.

SECTION 11. GOVERNING

LAW. This Agreement will be governed by, and construed in accordance with, the laws of the State of New York applicable to agreements

made and to be performed entirely in such State, without regard to principles of conflicts of law thereof that would require the application

of the laws of any other jurisdiction. This Agreement may not be assigned by either party without the prior written consent of the other

party. This Agreement shall be binding upon and inure to the benefit of the parties hereto, and their respective successors and permitted

assigns. Any right to trial by jury with respect to any dispute arising under this Agreement or any transaction or conduct in connection

herewith is waived. Any dispute arising under this Agreement may be brought into the courts of the State of New York or into the Federal

Court located in New York, New York and, by execution and delivery of this Agreement, the Company hereby accepts for itself and in respect

of its property, generally and unconditionally, the jurisdiction of aforesaid courts. Each party hereto hereby irrevocably waives personal

service of process and consents to process being served in any such suit, action or proceeding by delivering a copy thereof via overnight

delivery (with evidence of delivery) to such party at the address in effect for notices to it under this Agreement and agrees that such

service shall constitute good and sufficient service of process and notice thereof. Nothing contained herein shall be deemed to limit

in any way any right to serve process in any manner permitted by law. If either party shall commence an action or proceeding to enforce

any provisions of this Agreement, then the prevailing party in such action or proceeding shall be reimbursed by the other party for its

attorney’s fees and other costs and expenses incurred with the investigation, preparation and prosecution of such action or proceeding.

SECTION 12. ENTIRE

AGREEMENT/MISCELLANEOUS. This Agreement embodies the entire agreement and understanding between the parties hereto, and supersedes

all prior agreements and understandings, relating to the subject matter hereof. If any provision of this Agreement is determined to be

invalid or unenforceable in any respect, such determination will not affect such provision in any other respect or any other provision

of this Agreement, which will remain in full force and effect. This Agreement may not be amended or otherwise modified or waived except

by an instrument in writing signed by both the Placement Agents and the Company. The representations, warranties, agreements and covenants

contained herein shall survive the Closing Date of the Placement and delivery of the Placement Agent Securities. This Agreement may be

executed in two or more counterparts, all of which when taken together shall be considered one and the same agreement and shall become

effective when counterparts have been signed by each party and delivered to the other party, it being understood that both parties need

not sign the same counterpart. In the event that any signature is delivered by facsimile transmission or a .pdf format file, such signature

shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force

and effect as if such facsimile or .pdf signature page were an original thereof.

SECTION 13. NOTICES.

Any and all notices or other communications or deliveries required or permitted to be provided hereunder shall be in writing and shall

be deemed given and effective on the earliest of (a) the date of transmission, if such notice or communication is sent to the e-mail

address specified on the signature pages attached hereto prior to 6:30 p.m. (New York City time) on a business day, (b) the

next business day after the date of transmission, if such notice or communication is sent to the e-mail address on the signature pages attached

hereto on a day that is not a business day or later than 6:30 p.m. (New York City time) on any business day, (c) the third business

day following the date of mailing, if sent by an internationally recognized air courier service, or (d) upon actual receipt by the

party to whom such notice is required to be given. The address for such notices and communications shall be as set forth on the signature

pages hereto.

SECTION 14. PRESS

ANNOUNCEMENTS. The Company agrees that the Placement Agents shall, on and after the Closing Date, have the right to reference the

Placement and the Placement Agents’ role in connection therewith in the Placement Agents’ marketing materials and on their

websites and to place advertisements in financial and other newspapers and journals, in each case at their own expense and in compliance

with applicable securities laws.

Please confirm that the foregoing

correctly sets forth our agreement by signing and returning to the Placement Agents the enclosed copy of this Agreement.

[The remainder of this page has been intentionally

left blank.]

The foregoing Agreement is

hereby accepted and agreed to as of the date first written above.

A.G.P./ALLIANCE GLOBAL PARTNERS

By:

/s/ Thomas J. Higgins

Name:

Thomas J. Higgins

Title:

Managing Director

Address for Notice:

590 Madison Avenue, 28th Floor

New York, NY 10022

Attn: Thomas J. Higgins

E-mail: thiggins@allianceg.com

LAIDLAW & COMPANY (UK) LTD.

By:

/s/ Luke Kottke

Name:

Luke Kottke

Title:

Head of Capital Markets

Address for Notice:

521 5th Avenue

New York, NY 10175

Attn: Luke Kottke

E-mail: lkottke@laidlawltd.com

Accepted and agreed to as of the date first written

above:

CURIS, INC.

By:

/s/ Diantha Duvall

Name:

Diantha Duvall

Title:

Chief Financial Officer

Address for Notice:

Curis, Inc.

128 Spring Street, Building C- Suite 500

Lexington, MA 02421

Attention: Diantha Duvall

E-mail: dduvall@curis.com and notices@curis.com

With a copy (which shall not constitute notice)

to:

Attention: Wesley C. Holmes and Jennifer A. Yoon

E-mail: wesley.holmes@lw.com; jennifer.yoon@lw.com

[Signature Page to Placement Agency Agreement]

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