MEDICINOVA, INC. AMENDMENT NO. 1 TO WARRANT
Exhibit 4.8
MEDICINOVA, INC.
AMENDMENT NO. 1 TO WARRANT
This Amendment No. 1 (the Amendment) to that certain Warrant to Purchase Common Stock dated as of May 13, 2013 (the Warrant) by MediciNova, Inc., a Delaware corporation (the Company), in favor of Fountain Erika LLC, a California limited liability company (the Holder), is made and entered into effective as of May 29, 2013 (the Effective Date) by and between the Company and the Holder.
RECITALS
WHEREAS, the Company and the Holder desire to amend the Warrant as set forth below.
NOW, THEREFORE, for the consideration set forth below, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree that:
1. Amendment. The first paragraph of the Warrant is amended and restated to read as follows:
MediciNova, Inc., a Delaware corporation (the Company), hereby certifies that, for value received, Fountain Erika LLC or its permitted registered assigns (the Holder), is entitled to purchase from the Company up to a total of 119,047 shares of common stock, $0.001 par value per share (the Common Stock), of the Company (each such share, a Warrant Share and all such shares, the Warrant Shares) at an exercise price per share equal to $3.38 per share (as adjusted from time to time as provided in Section 9 herein, the Exercise Price), at any time and from time to time on or after the date hereof (the Original Issue Date) and through and including 5:30 P.M., California time, on the five (5) year anniversary of the date hereof (the Expiration Date), and subject to the following terms and conditions:
2. No Further Modification. Except as is specifically provided herein, this Amendment shall not be deemed to amend or modify the Warrant, and the Warrant shall remain in full force and effect in accordance with its terms.
3. Counterparts. This Amendment may be executed in one or more counterparts (including by means of facsimile or electronic transmission in portable document format (pdf)), each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
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IN WITNESS WHEREOF, the parties have executed this AMENDMENT NO. 1 TO WARRANT effective as of the Effective Date.
COMPANY: | ||
MEDICINOVA, INC. | ||
By: | /s/ Yuichi Iwaki | |
Yuichi Iwaki, President & CEO |
IN WITNESS WHEREOF, the parties have executed this AMENDMENT NO. 1 TO WARRANT effective as of the Effective Date.
HOLDER: | ||
FOUNTAIN ERIKA LLC | ||
By: | /s/ Tatsuo Izumi | |
Tatsuo Izumi, Sole Member |