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Description of Exhibit
−Removed: Certificate of Incorporation of Acurx Pharmaceuticals, Inc.
−Removed: (incorporated by reference to Exhibit 3.2 to the Company’s Registration Statement on Form S-1 (No.
+Added: Certificate of Incorporation of the Company (incorporated by reference to Exhibit 3.2 to the Company’s Registration Statement on Form S-1 (No.
333-256516) filed with the SEC on May 27, 2021).
+Added: Certificate of Amendment of Certificate of Incorporation of the Company (incorporated by reference to Exhibit 3.1 to the Company’s Current Report on Form 8-K filed with the SEC on June 20, 2023).
+Added: Form of Series C Warrant (incorporated by reference to Exhibit 4.1 to the Company’s Current Report on Form 8-K filed with the SEC on May 17, 2023).
+Added: Form of Series D Warrant (incorporated by reference to Exhibit 4.2 to the Company’s Current Report on Form 8-K filed with the SEC on May 17, 2023).
+Added: Form of Pre-Funded Warrant (incorporated by reference to Exhibit 4.3 to the Company’s Current Report on Form 8-K filed with the SEC on May 17, 2023).
+Added: Form of Securities Purchase Agreement, dated as of May 16, 2023, by and between the Company and the 2023 Investor.
+Added: Form of Warrant Amendment Agreement, dated as of May 16, 2023, by and between the Company and the 2023 Investor (incorporated by reference to Exhibit 10.2 to the Company’s Current Report on Form 8-K filed with the SEC on May 17, 2023).
+Added: Form of Placement Agent Agreement, dated as of May 16, 2023, by and between Maxim Group LLC and the Company (incorporated by reference to Exhibit 1.1 to the Company’s Current Report on Form 8-K filed with the SEC on May 17, 2023).
Certification of Principal Executive Officer Pursuant to Rules 13a-14(a) and 15d-14(a) under the Securities Exchange Act of 1934, as Adopted Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002.
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Acurx Pharmaceuticals, Inc.
+Added: August 11, 2023
President and Chief Executive Officer
(Principal Executive Officer)
+Added: August 11, 2023
/s/ Robert G.
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Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.