COMMON STOCK SUBSCRIPTION AGREEMENT
OF HEARx Ltd.
THIS COMMON STOCK SUBSCRIPTION AGREEMENT (the “Subscription Agreement”) is made and entered into as of
this day of March, 2002, by and between HEARx Ltd. (the “Company”) and the undersigned (the “Investor,” and the
Investor together with the Company each a “Party” and collectively the “Parties”). Pursuant to the terms of this Subscription
Agreement, the Investor hereby subscribes for and agrees to purchase shares of common stock, par value $.10 per share (the
“Common Stock”) of the Company and warrants to purchase additional shares of Common Stock.
1. Agreement to Subscribe; Purchase Price. At a purchase price per share of One Dollar ($1) (the “Purchase Price”), and
for an aggregate purchase price of Dollars (__DOCTEXT__nbsp; ) (the “Aggregate Purchase Price”), Investor hereby subscribes for ( )
shares of Common Stock (the “Shares”) and ( ) three-year Common Stock purchase warrants to purchase additional shares
of Common Stock for an exercise price of $1.15 per share (the “Warrants”) (the Shares and Warrants collectively, the
2. Closing. Investor shall pay the Aggregate Purchase Price by wire transfer of same-day funds in U.S. dollars against
counter-delivery of certificates (the “Certificates”) representing the Shares and the Warrants by the Company. The
consummation of the purchase and sale of the Shares and Warrants (the “Closing”) shall take place promptly upon the full
payment of the Aggregate Purchase Price and delivery of the Certificates, but in no event later than three business days after
the date hereof.
3. Reset Right. In the event that within the twelve months following the Closing, the Company sells shares of Common
Stock in a capital raising transaction at a price less than $1 per share, the Purchase Price hereunder shall be adjusted to such per
share price (the “Adjusted Purchase Price”) and the Company shall issue the Investo