THAT MAY BE WAIVED. AFTER CONSULTING (OR HAVING
HAD THE OPPORTUNITY TO CONSULT) WITH COUNSEL OF THEIR CHOICE, KNOWINGLY AND
VOLUNTARILY, AND FOR THEIR MUTUAL BENEFIT, PURCHASER AND THE COMPANY WAIVE ANY
RIGHT TO TRIAL BY JURY IN THE EVENT OF LITIGATION REGARDING THE PERFORMANCE OR
ENFORCEMENT OF, OR IN ANY WAY RELATED TO, THIS AGREEMENT.
[Signature Page Follows]
7
The parties have executed this Security Agreement as of the date first written
above.
COMPANY:
OPEXA THERAPEUTICS, INC.
By:
/S/ NEIL K. WARMA
Name:
Neil K. Warma
Title:
President and Chief Executive Officer
Company Signature Page to Security Agreement
THE INVESTORS:
By:
Name:
Title:
Date:
Investor Signature Page to Security Agreement
SCHEDULE 5
a)
$250,000 Non-Revolving Term Loan dated December 8, 2006 (the "Loan")
between Wells Fargo Bank, N.A. (the "Lender") and Opexa Therapeutics, Inc. (the
"Company") pursuant to which the Company granted a first priority security
interest in the Company's furniture, fixtures and equipment acquired using the
proceeds of the Loan and all proceeds of such furniture, fixtures and equipment
(including insurance) in favor of the Lender.
Schedule 5