FIRST AMENDMENT TO AMENDED AND RESTATED ORAGENICS, INC. 2012EQUITY INCENTIVE PLAN

EX-4.2 2 d392152dex42.htm FIRST AMENDMENT TO 2012 EQUITY INCENTIVE PLAN First Amendment to 2012 Equity Incentive Plan

Exhibit 4.2

FIRST AMENDMENT TO

AMENDED AND RESTATED

ORAGENICS, INC.

2012 EQUITY INCENTIVE PLAN

This First Amendment to the Amended and Restated 2012 Equity Incentive Plan (the “Plan”) is made pursuant to Section 12 of the Plan.

Recitals:

WHEREAS, the Plan was originally adopted by the Company on August 6, 2012 and approved by the shareholders on October 23, 2012; and

WHEREAS, the Board of Directors believes it would be in the best interest of the Company and its shareholders to increase the authorized shares available under the Plan.

NOW THEREFORE, Section 4 titled “SHARES SUBJECT TO PLAN” is hereby amended as follows:

The reference to “4,000,000” is replaced with “5,500,000”, to reflect an increase in the shares reserved for use under the Plan.

All other terms and conditions of the Plan not otherwise modified hereby shall remain in full force and effect. The Amendment was approved by the Board of Directors on May 16, 2017 and submitted to the Company’s shareholders for approval in connection with the Company’s May 4, 2017 Annual Meeting.