Common use of Section Headings and References Clause in Contracts

Section Headings and References. The section headings are for the convenience of the parties and in no way alter, modify, amend, limit or restrict the contractual obligations of the parties. Any reference in this agreement to a particular section or subsection shall refer to a section or subsection of this Agreement, unless specified otherwise. Executed as of the date first written above. COMPANY: AVEO PHARMACEUTICALS, INC. By: Name: Xxxx Xx-Xxxx Title: President and Chief Executive Officer PURCHASERS: [Signature Pages Follow] Exhibit A List of Purchasers and Shares Purchased Initial Purchasers Name and Address of Initial Purchasers No. of Shares of Series E Preferred Aggregate Purchase Price Biogen Idec Inc. 00 Xxxxxxxxx Xxxxxx Xxxxxxxxx, XX 00000 Attn: General Counsel With a copy to: Xxxxxxx XxXxxxxxx LLP Xxx Xxxxxxx Xxxxxx Xxxxxx, XX 00000 Attn: Xxxxxxx X. Xxxxxxx 7,500,000 $ 30,000,000.00 Total: 7,500,000 $ 30,000,000.00 Additional Purchasers Name and Address of Additional Purchasers No. of Shares of Series E Preferred Aggregate Purchase Price EXHIBIT B-1 Investment Financing Signature Page By execution and delivery of this signature page, the undersigned hereby agrees to become a Purchaser, as defined in that certain Series E Convertible Preferred Stock Purchase Agreement (the “Purchase Agreement”) by and among AVEO Pharmaceuticals, Inc., a Delaware corporation (the “Company”), and the Purchasers (as defined in the Purchase Agreement), dated as of March , 2009, acknowledges having read the representations in the Purchase Agreement section entitled “Representations of the Purchasers,” and hereby represents that the statements contained therein are true and correct with respect to the undersigned as a Purchaser. The undersigned further hereby agrees to be bound by the terms and conditions of (i) the Purchase Agreement as a “Purchaser” thereunder, (ii) the Stockholders’ Voting Agreement (as defined in the Purchase Agreement) as a “Purchaser” thereunder, (iii) the Investor Rights Agreement (as defined in the Purchase Agreement) as a “Purchaser” thereunder and (iv) the Co-Sale Agreement (as defined in the Purchase Agreement) as a “Purchaser” thereunder, and authorizes this signature page to be attached to the Purchase Agreement, the Stockholders’ Voting Agreement, the Investor Rights Agreement and the Co-Sale Agreement, or counterparts thereof. Executed, in counterpart, as of the date set forth below. PURCHASER: By: Title: Date: Contact Person: Telephone No.: Telecopy No.: Email Address: EXHIBIT B-2 Existing Investor Financing Signature Page By execution and delivery of this signature page, the undersigned hereby agrees to become a Purchaser, as defined in that certain Series E Convertible Preferred Stock Purchase Agreement (the “Purchase Agreement”) by and among AVEO Pharmaceuticals, Inc., a Delaware corporation (the “Company”), and the Purchasers (as defined in the Purchase Agreement), dated as of March , 2009, acknowledges having read the representations in the Purchase Agreement section entitled “Representations of the Purchasers,” and hereby represents that the statements contained therein are true and correct with respect to the undersigned as a Purchaser. The undersigned further hereby agrees to be bound by the terms and conditions of the Purchase Agreement as a “Purchaser” thereunder, and authorizes this signature page to be attached to the Purchase Agreement, or counterparts thereof. Executed, in counterpart, as of the date set forth below. PURCHASER: BIOGEN IDEC INC. By: Title: Date: Contact Person: Telephone No.: Telecopy No.: Email Address: Exhibit D List of Existing AVEO In-licenses Research and Commercialization License Agreement between Evogenix Pty Limited (now Xxxxx Therapeutics) and AVEO Pharmaceuticals, Inc., dated as of September 25, 2007. Exhibit E Form of Initial Release Exhibit E (Form of Initial Release) NEWS RELEASE DRAFT NOT FOR IMMEDIATE RELEASE Contacts: Xxxxxxx Xxxxxxxxxx, AVEO Pharmaceuticals, Inc. (000) 000-0000 Xxxxxx Xxxxx, Pure Communications (000) 000-0000 AVEO and Biogen Idec Form Strategic Alliance for Development and Commercialization of ErbB3-Targeted Antibodies Biogen Idec to Obtain to Commercialize ErbB3 Antibodies Outside of North America CAMBRIDGE, Mass., February xx, 2009 – AVEO Pharmaceuticals, Inc., a biopharmaceutical company leveraging breakthrough discoveries in cancer biology to discover, develop and commercialize targeted oncology therapies, today announced a definitive agreement with Biogen Idec, Inc. (NASDAQ:BIIB), for the development and commercialization of AVEO’s novel discovery-stage ErbB3-targeted antibodies (the “ErbB3 program”) for the potential treatment of cancer and other diseases. Under the terms of the agreement, AVEO will receive an up-front payment and is eligible to receive milestone payments based upon the achievement of specified development goals. Biogen Idec will have an option exercisable at proof of concept to development and commercialization rights to ErbB3 binding antibodies for territories outside of North America. AVEO retains all North American commercialization rights, and is responsible for leading global development of the ErbB3 program. Financial terms of the transaction were not disclosed. “We are very please to enter into this alliance with Biogen Idec,” stated Xxxx Xx-Xxxx, president and chief executive officer of AVEO. “This agreement for the development and commercialization of our discovery-stage ErbB3-targeted antibodies facilitates our strategy to develop a balanced portfolio of small molecule drugs and antibodies for the treatment of cancer. These alliances highlight AVEO’s ability to generate value from our antibody discovery programs and advance these candidates to the clinic, reinforcing the broad potential of our rapidly maturing proprietary antibody pipeline and the quality of our science. The terms of this alliance with Biogen Idec support our strategy to become a fully-integrated company offering first- and best-in-class cancer medicines through AVEO’s own North American-based commercial organization.” ErbB3 is a type 1 tyrosine kinase receptor of the EFGR family that is widely expressed in human carcinomas, with demonstrated overexpression – correlated with poor prognosis – in several different tumor types, including breast, ovarian, prostate, colorectal, pancreatic, gastric and head & neck cancers. In vivo studies conducted by AVEO demonstrated that elevated ErbB3 levels can potently drive breast tumor growth and may provide an escape mechanism to Herceptin® treatment. ErbB3 is also implicated in the development of resistance to EGFR tyrosine kinase inhibitors in non small cell lung cancer. AVEO has focused its ErbB3 antibody discovery efforts on identifying high affinity, high specificity antibodies that recognize ErbB3 on the cell surface and inhibit its activity. The market attractiveness of AVEO’s ErbB3 portfolio is bolstered by the success of other EFGR family inhibitors such as erlotinib, gefitinib and transtuzumab, which have unique patterns of resistance that may be addressed by an effective ErbB3 antibody. About AVEO AVEO is a late-stage biopharmaceutical company focused on the discovery and development of novel, targeted cancer therapeutics. AVEO’s proprietary, integrated cancer biology platform enables the company to pursue highly efficient drug development strategies in oncology that increase the probability of clinical success and provides a discovery engine for high-value targets. This approach has resulted in a balanced pipeline of novel cancer therapies focused on well-validated targets (VEGFR, EGFR) and promising novel targets (HGF, FGFR, ERBB3), as well as collaborations with Xxx Lilly, Merck, OSI Pharmaceuticals, Schering-Plough and Biogen Idec. The company’s lead product, AV-951, a potential best-in-class triple VEGF receptor inhibitor, is in a Phase 2 clinical trial in patients with metastatic renal cell cancer and is expected to enter Phase 3 development in 2009. Through a combination of internal drug discovery and selective in-licensing of targeted therapeutics, AVEO is building a diversified product pipeline and moving toward its vision of becoming a fully integrated pharmaceutical company. For more information, please visit the company’s website at xxx.xxxxxxxxxx.xxx.

Appears in 3 contracts

Samples: Option and License Agreement, Option and License Agreement (Aveo Pharmaceuticals Inc), Option and License Agreement (Aveo Pharmaceuticals Inc)

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Section Headings and References. The section headings are for the convenience of the parties and in no way alter, modify, amend, limit or restrict the contractual obligations of the parties. Any reference in this agreement to a particular section or subsection shall refer to a section or subsection of this Agreement, unless specified otherwise. * * * * Executed as of the date first written above. COMPANY: AVEO PHARMACEUTICALSGreenLight Biosciences, INC. Inc. By: Name: Xxxx Xx-Xxxx Title: President and Chief Executive Officer PURCHASERS: [Signature Pages Follow] Exhibit SIGNATURE PAGE TO GREENLIGHT CONVERTIBLE INSTRUMENT INVESTMENT AGREEMENT EXHIBIT A List of Purchasers and Shares Purchased Initial Purchasers Name and Address of Initial Purchasers No. of Shares of Series E Preferred Aggregate Purchase Price Biogen Idec Inc. 00 Xxxxxxxxx Xxxxxx Xxxxxxxxx, XX 00000 Attn: General Counsel With a copy to: Xxxxxxx XxXxxxxxx LLP Xxx Xxxxxxx Xxxxxx Xxxxxx, XX 00000 Attn: Xxxxxxx X. Xxxxxxx 7,500,000 $ 30,000,000.00 Total: 7,500,000 $ 30,000,000.00 Additional Purchasers Name and Address of Additional Purchasers No. of Shares of Series E Preferred Aggregate Purchase Price EXHIBIT B-1 Convertible Investment Financing Instrument Agreement Signature Page By execution and delivery of this signature page, the undersigned hereby agrees to become that he, she, or it is a Purchaser, as defined in that certain Series E Convertible Preferred Stock Purchase Investment Instrument Agreement (the “Purchase Agreement”) by and among AVEO PharmaceuticalsGreenLight Biosciences, Inc., a Delaware corporation (the “Company”), and the Purchasers (as defined in the Purchase Agreement), dated as of March , 2009[DATE OF INITIAL CLOSING], acknowledges having read the representations in the Purchase Agreement contained in the section entitled “Representations Representations, Warranties and Covenants of the Purchaserseach Purchaser,” and hereby represents that the statements contained therein are true complete and correct accurate with respect to the undersigned as a Purchaser. The undersigned further hereby agrees to be that he, she or it is bound by the terms and conditions of (i) the Purchase Agreement as a “Purchaser” thereunder, (ii) the Stockholders’ Voting Agreement (as defined in the Purchase Agreement) as a “Purchaser” thereunder, (iii) the Investor Rights Agreement (as defined in the Purchase Agreement) as a “Purchaser” thereunder and (iv) the Co-Sale Agreement (as defined in the Purchase Agreement) as a “Purchaser” thereunder, and authorizes this signature page to be attached to the Purchase Agreement, the Stockholders’ Voting Agreement, the Investor Rights Agreement and the Co-Sale Agreement, or counterparts thereofas a counterpart signature thereto. Executed, in counterpart, as of the date set forth below. PURCHASER: By: Title: Print Name of Purchaser (Individual or Entity) Signature of Purchaser or Authorized Individual Print Name of Authorized Individual (If Entity) Title of Authorized Individual (If Entity) Date: Amount Invested: $ Contact Person: Address: Telephone No.: Telecopy No.: Email Address: SIGNATURE PAGE TO GREENLIGHT CONVERTIBLE INSTRUMENT INVESTMENT AGREEMENT EXHIBIT B-2 Existing Investor Financing Signature Page By execution and delivery of this signature page, the undersigned hereby agrees to become a Purchaser, as defined in that certain Series E Convertible Preferred Stock Purchase Agreement (the “Purchase Agreement”) by and among AVEO Pharmaceuticals, Inc., a Delaware corporation (the “Company”), and the Purchasers (as defined in the Purchase Agreement), dated as of March , 2009, acknowledges having read the representations in the Purchase Agreement section entitled “Representations of the Purchasers,” and hereby represents that the statements contained therein are true and correct with respect to the undersigned as a Purchaser. The undersigned further hereby agrees to be bound by the terms and conditions of the Purchase Agreement as a “Purchaser” thereunder, and authorizes this signature page to be attached to the Purchase Agreement, or counterparts thereof. Executed, in counterpart, as of the date set forth below. PURCHASER: BIOGEN IDEC INC. By: Title: Date: Contact Person: Telephone No.: Telecopy No.: Email Address: Exhibit D List of Existing AVEO In-licenses Research and Commercialization License Agreement between Evogenix Pty Limited (now Xxxxx Therapeutics) and AVEO Pharmaceuticals, Inc., dated as of September 25, 2007. Exhibit E B Form of Initial Release Exhibit E (Form of Initial Release) NEWS RELEASE DRAFT NOT FOR IMMEDIATE RELEASE Contacts: Xxxxxxx Xxxxxxxxxx, AVEO Pharmaceuticals, Inc. (000) 000-0000 Xxxxxx Xxxxx, Pure Communications (000) 000-0000 AVEO and Biogen Idec Form Strategic Alliance for Development and Commercialization of ErbB3-Targeted Antibodies Biogen Idec to Obtain to Commercialize ErbB3 Antibodies Outside of North America CAMBRIDGE, Mass., February xx, 2009 – AVEO Pharmaceuticals, Inc., a biopharmaceutical company leveraging breakthrough discoveries in cancer biology to discover, develop and commercialize targeted oncology therapies, today announced a definitive agreement with Biogen Idec, Inc. (NASDAQ:BIIB), for the development and commercialization of AVEO’s novel discovery-stage ErbB3-targeted antibodies (the “ErbB3 program”) for the potential treatment of cancer and other diseases. Under the terms of the agreement, AVEO will receive an up-front payment and is eligible to receive milestone payments based upon the achievement of specified development goals. Biogen Idec will have an option exercisable at proof of concept to development and commercialization rights to ErbB3 binding antibodies for territories outside of North America. AVEO retains all North American commercialization rights, and is responsible for leading global development of the ErbB3 program. Financial terms of the transaction were not disclosed. “We are very please to enter into this alliance with Biogen Idec,” stated Xxxx Xx-Xxxx, president and chief executive officer of AVEO. “This agreement for the development and commercialization of our discovery-stage ErbB3-targeted antibodies facilitates our strategy to develop a balanced portfolio of small molecule drugs and antibodies for the treatment of cancer. These alliances highlight AVEO’s ability to generate value from our antibody discovery programs and advance these candidates to the clinic, reinforcing the broad potential of our rapidly maturing proprietary antibody pipeline and the quality of our science. The terms of this alliance with Biogen Idec support our strategy to become a fully-integrated company offering first- and best-in-class cancer medicines through AVEO’s own North American-based commercial organization.” ErbB3 is a type 1 tyrosine kinase receptor of the EFGR family that is widely expressed in human carcinomas, with demonstrated overexpression – correlated with poor prognosis – in several different tumor types, including breast, ovarian, prostate, colorectal, pancreatic, gastric and head & neck cancers. In vivo studies conducted by AVEO demonstrated that elevated ErbB3 levels can potently drive breast tumor growth and may provide an escape mechanism to Herceptin® treatment. ErbB3 is also implicated in the development of resistance to EGFR tyrosine kinase inhibitors in non small cell lung cancer. AVEO has focused its ErbB3 antibody discovery efforts on identifying high affinity, high specificity antibodies that recognize ErbB3 on the cell surface and inhibit its activity. The market attractiveness of AVEO’s ErbB3 portfolio is bolstered by the success of other EFGR family inhibitors such as erlotinib, gefitinib and transtuzumab, which have unique patterns of resistance that may be addressed by an effective ErbB3 antibody. About AVEO AVEO is a late-stage biopharmaceutical company focused on the discovery and development of novel, targeted cancer therapeutics. AVEO’s proprietary, integrated cancer biology platform enables the company to pursue highly efficient drug development strategies in oncology that increase the probability of clinical success and provides a discovery engine for high-value targets. This approach has resulted in a balanced pipeline of novel cancer therapies focused on well-validated targets (VEGFR, EGFR) and promising novel targets (HGF, FGFR, ERBB3), as well as collaborations with Xxx Lilly, Merck, OSI Pharmaceuticals, Schering-Plough and Biogen Idec. The company’s lead product, AV-951, a potential best-in-class triple VEGF receptor inhibitor, is in a Phase 2 clinical trial in patients with metastatic renal cell cancer and is expected to enter Phase 3 development in 2009. Through a combination of internal drug discovery and selective in-licensing of targeted therapeutics, AVEO is building a diversified product pipeline and moving toward its vision of becoming a fully integrated pharmaceutical company. For more information, please visit the company’s website at xxx.xxxxxxxxxx.xxx.Convertible Instrument

Appears in 1 contract

Samples: Convertible Investment Instrument Agreement (Environmental Impact Acquisition Corp)

Section Headings and References. The section headings are or titles of the several Sections hereof, and any table of contents appended to copies hereof, shall be solely for the convenience of reference and shall not affect the parties meaning, construction or effect of this Appendix A-16. All references herein to “Sections” and in no way alter, modify, amend, limit other subdivisions are to the corresponding Sections or restrict the contractual obligations subdivisions of the parties. Any reference in Master Agreement and of this agreement to a particular section or subsection shall Appendix A-16; and the words “herein,” “hereof,” “hereunder” and other words of similar import refer to the Master Agreement, as supplemented and amended, as a section whole and not to any particular Article, Section or subsection subdivision hereof. $ No. R-C- CITY OF SAN XXXX AIRPORT REVENUE BOND, SERIES 2012 (Non-AMT) INTEREST RATE MATURITY DATE DATED AS OF % March 1, 20 November , 2012 Registered Owner: Banc of America Public Capital Corp. Principal Sum: Dollars THE CITY OF SAN XXXX, a chartered city and municipal corporation organized and existing under the Constitution and laws of the State of California (herein called the “City”), for value received, hereby promises to pay (but only out of the General Airport Revenues hereinafter referred to) to the registered Owner set forth above, or registered assigns, on the maturity date set forth above (subject to any right of prior redemption hereinafter provided for), the principal sum set forth above in lawful money of the United States of America, and to pay interest thereon in like lawful money from the interest payment date next preceding the date of authentication of this AgreementBond (unless this Bond is authenticated as of a day during the period from the 16th day of the month next preceding any interest payment date to and including such interest payment date, unless specified otherwisein which event it shall bear interest from such interest payment date), until payment of such principal sum, at the interest rate per annum stated above, payable on March 1, 2013, and on March 1 and September 1 in each year. Executed The principal (or redemption price) hereof is payable to the registered Owner hereof upon the surrender hereof at the corporate trust office of The Bank of New York Mellon Trust Company, N.A., as trustee of the City (herein called the “Trustee”), in San Francisco, California or such other place as the Trustee shall determine. The interest hereon is payable to the person whose name appears on the bond registration books of the Trustee as the registered Owner hereof as of the close of business on the 15th day of the month immediately preceding an interest payment date, whether or not such day is a business day, such interest to be paid by check mailed by first class mail on such payment date first to such registered Owner at the Owner’s address as it appears on such registration books (except that in the case of a registered Owner of one million dollars ($1,000,000) or more in principal amount, such payment may, at such registered Owner’s written aboverequest, be made by wire transfer of immediately available funds to the bank account number for such Owner on file with the Trustee prior to the 15th day of the month preceding such interest payment date). COMPANY: AVEO PHARMACEUTICALSThe Bonds (defined below) shall not be issued as Book-Entry Bonds. If the Bonds are subsequently held as Book-Entry Bonds and registered in the name of Cede & Co. or its registered assigns, INCpayment shall be made by wire transfer of immediately available funds. By: Name: Xxxx XxInterest on this Bond shall be calculated on the basis of a 360-Xxxx Title: President and Chief Executive Officer PURCHASERS: [Signature Pages Follow] Exhibit A List day year comprising twelve 30-day months. This Bond is a duly authorized revenue bond of Purchasers and Shares Purchased Initial Purchasers Name and Address of Initial Purchasers No. of Shares of Series E Preferred Aggregate Purchase Price Biogen Idec Inc. 00 Xxxxxxxxx Xxxxxx Xxxxxxxxx, XX 00000 Attn: General Counsel With a copy to: Xxxxxxx XxXxxxxxx LLP Xxx Xxxxxxx Xxxxxx Xxxxxx, XX 00000 Attn: Xxxxxxx X. Xxxxxxx 7,500,000 $ 30,000,000.00 Total: 7,500,000 $ 30,000,000.00 Additional Purchasers Name and Address of Additional Purchasers No. of Shares of Series E Preferred Aggregate Purchase Price EXHIBIT B-1 Investment Financing Signature Page By execution and delivery of this signature page, the undersigned hereby agrees to become a Purchaser, City designated as defined in that certain Series E Convertible Preferred Stock Purchase Agreement (the “Purchase Agreement”) by and among AVEO PharmaceuticalsCity of San Xxxx Airport Revenue Refunding Bonds, Inc., a Delaware corporation Series 2012 (Non-AMT)” (herein called the “CompanyBonds”), and of a single, fully registered Bond without coupons in the Purchasers aggregate principal amount of $49,140,000. The Bonds shall be dated as of their initial delivery date and shall mature on March 1, 2018. Interest on the Bonds shall be first payable on March 1, 2013, and thereafter on September 1 and March 1 in each year. The Bonds shall bear interest at a rate of [ ]%. Interest shall be computed on the basis of a 360-day year of twelve (12) 30-day months. Principal on the Bonds shall be due annually on March 1 of each year, commencing on March 1, 2013. The Bonds shall be issued under and pursuant to the provisions of Sections 200 and 1220 of the City Charter and the City of San Xxxx Airport Revenue Bond Law, Chapter 4.38 of the San Xxxx Municipal Code (herein collectively called the “Law”), and pursuant to the Master Trust Agreement, dated as of July 1, 2001 (the “Master Trust Agreement”) between the City and the Trustee, as amended and supplemented by a Ninth Supplemental Trust Agreement, dated as of November 1, 2012, between the City and the Trustee (the “Ninth Supplemental Trust Agreement” and, together with the Master Trust Agreement, the “Master Trust Agreement”) authorizing the issuance of the Bonds. All capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Master Trust Agreement. Reference is hereby made to the Master Trust Agreement and to the Law for a description of the terms on which the Bonds are issued, the provisions with regard to the nature and extent of the General Airport Revenues, as that term is defined in the Master Trust Agreement, the rights thereunder of the registered Owner of the Bonds, the rights, duties and immunities of the Trustee, and the rights and obligations of the City thereunder. All the terms of the Master Trust Agreement and the Law are hereby incorporated herein and constitute a contract between the City and the Owner of this Bond. By acceptance of this Bond, the Owner of this Bond consents and agrees to all the provisions the Bonds, the Master Trust Agreement and the Law. Each Owner hereof shall have recourse to all of the provisions of the Law and the Master Trust Agreement and shall be bound by all of the terms and conditions thereof. The Bonds are issued to refinance a portion of the costs of designing and constructing certain improvements to the Enterprise (as defined in the Purchase Master Trust Agreement). The Bonds are special obligations of the City and are payable, dated as to the principal thereof, interest thereon and any premiums upon the redemption of March any thereof, 2009, acknowledges having read the representations from General Airport Revenues (which are more particularly defined in the Purchase Agreement section entitled “Representations Master Trust Agreement). All of the Purchasers,” Bonds are equally secured by a pledge of, and hereby represents charge and lien upon, all of the General Airport Revenues, and the General Airport Revenues constitute a trust fund for the security and payment of the interest on and principal of the Bonds; but nevertheless out of General Airport Revenues certain amounts may be applied for other purposes as provided in the Master Trust Agreement. Additional series of Bonds payable from the General Airport Revenues may be issued on a parity with the Bonds of this series, but only subject to the conditions and limitations contained in the Master Trust Agreement. THE PRINCIPAL OF AND INTEREST ON THIS BOND ARE PAYABLE SOLELY FROM GENERAL AIRPORT REVENUES, AND THE CITY IS NOT OBLIGATED TO PAY THEM EXCEPT FROM GENERAL AIRPORT REVENUES. THE GENERAL FUND OF THE CITY IS NOT LIABLE, AND THE CREDIT OR TAXING POWER OF THE CITY IS NOT PLEDGED, FOR THE PAYMENT OF THE BONDS OR THEIR INTEREST. THE BONDS ARE NOT SECURED BY A LEGAL OR EQUITABLE PLEDGE OF, OR CHARGE, LIEN OR ENCUMBRANCE UPON, ANY OF THE PROPERTY OF THE CITY OR ANY OF ITS INCOME OR RECEIPTS, EXCEPT GENERAL AIRPORT REVENUES. THE OWNER HEREOF HAS NO RIGHT TO COMPEL THE EXERCISE OF ANY TAXING POWER OF THE CITY. The City will, at all times while any of the Bonds remain outstanding, manage its operations and establish, fix, prescribe and collect rentals, rates, fees and charges in connection with the services and facilities furnished by the Enterprise in each Fiscal Year so that the statements contained therein are true and correct with respect to the undersigned as a Purchaser. The undersigned further hereby agrees to be bound by the terms and conditions sum of (i) the Purchase Agreement as a “Purchaser” thereunderNet General Airport Revenues, plus (ii) any Other Available Funds, for such Fiscal Year, after making reasonable allowances for contingencies and errors in the Stockholders’ Voting estimates, will be at least sufficient to pay the amounts provided in the Master Trust Agreement. The rights and obligations of the City and the register Owner of the Bonds may be modified or amended at any time in the manner, to the extent and upon the terms provided in the Master Trust Agreement, but no such modification or amendment shall (1) extend the fixed maturity of this Bond or reduce the rate of interest hereon or extend the time of payment of interest, or reduce the amount of the principal hereof or reduce any premium payable upon the redemption hereof, without the consent of the Owner hereof, or (2) reduce the percentage of Bonds required for the affirmative vote or written consent to an amendment or modification of the Master Trust Agreement or (3) modify any of the rights or obligations of the Trustee without its written consent, all as more fully set forth in the Master Trust Agreement. The Bonds are subject to optional and mandatory redemption under the circumstances and upon the terms prescribed in the Master Trust Agreement and Ninth Supplemental Trust Agreement, which provisions are incorporated herein by reference. Notice of redemption of the Bonds shall be mailed to the registered Owner of any Bonds designated for redemption, at least thirty days prior to the redemption date. If this Bond is called for redemption and payment is duly provided therefor as specified in the Master Trust Agreement, interest shall cease to accrue hereon from and after the date fixed for redemption, except that the City shall have the option to rescind and cancel any notice of redemption at any time prior to the redemption date specified in such notice. If an Event of Default, as defined in the Purchase Master Trust Agreement) as a “Purchaser” thereunder, (iii) shall occur, the Investor Rights Agreement (as defined principal of all Bonds may be declared due and payable upon the conditions, in the Purchase Agreement) as a “Purchaser” thereunder manner and (iv) with the Co-Sale Agreement (as defined effect provided in the Purchase Master Trust Agreement) , but such declaration and its consequences may be rescinded and annulled as further provided in the Master Trust Agreement. The Trustee shall assign each Bond authenticated and registered by it a “Purchaser” thereunderdistinctive letter, or number, or letter and number, and authorizes this signature page to shall maintain a record thereof which shall be attached available to the Purchase City for inspection. Subject to the limitations and conditions and upon payment of the charges, if any, as provided in the Master Trust Agreement, the Stockholders’ Voting Bonds may be exchanged for a like aggregate principal amount of Bonds of the same series and maturity of other authorized denominations. This Bond is transferable by the registered Owner hereof, in person or by his attorney duly authorized in writing, at said office of the Trustee, but only in the manner, subject to the limitations and upon payment of the charges provided in the Section A-16.11 of the Master Trust Agreement, and upon surrender and cancellation of this Bond. Upon such transfer a new fully registered Bond or Bonds, of authorized denomination or denominations and of the Investor Rights Agreement same series and maturity date, for the same aggregate principal amount will be issued to the transferee in exchange herefor. The City and the Co-Sale Trustee may treat the registered Owner hereof as the absolute Owner hereof for all purposes, and the City and the Trustee shall not be affected by any notice to the contrary. It is hereby certified that all of the conditions, things and acts required to exist, to have happened or to have been performed precedent to and in the issuance of this Bond do exist, have happened or have been performed in due and regular time, form and manner as required by the Law and the laws of the State of California, and that the amount of this Bond, together with all other obligations of the City, does not exceed any limit prescribed by the Law or any laws of the State of California, and is not in excess of the amount of Bonds permitted to be issued under the Master Trust Agreement. This Bond shall not be entitled to any benefit under the Master Trust Agreement, or counterparts thereof. Executedbecome valid or obligatory for any purpose, in counterpart, as until the certificate of the date set forth below. PURCHASER: By: Title: Date: Contact Person: Telephone No.: Telecopy No.: Email Address: EXHIBIT B-2 Existing Investor Financing Signature Page By execution authentication and delivery of this signature page, the undersigned hereby agrees to become a Purchaser, as defined in that certain Series E Convertible Preferred Stock Purchase Agreement (the “Purchase Agreement”) by and among AVEO Pharmaceuticals, Inc., a Delaware corporation (the “Company”), and the Purchasers (as defined in the Purchase Agreement), dated as of March , 2009, acknowledges having read the representations in the Purchase Agreement section entitled “Representations of the Purchasers,” and hereby represents that the statements contained therein are true and correct with respect to the undersigned as a Purchaser. The undersigned further hereby agrees to be bound registration hereon endorsed shall have been signed by the terms and conditions of the Purchase Agreement as a “Purchaser” thereunder, and authorizes this signature page to be attached to the Purchase Agreement, or counterparts thereof. Executed, in counterpart, as of the date set forth below. PURCHASER: BIOGEN IDEC INC. By: Title: Date: Contact Person: Telephone NoTrustee.: Telecopy No.: Email Address: Exhibit D List of Existing AVEO In-licenses Research and Commercialization License Agreement between Evogenix Pty Limited (now Xxxxx Therapeutics) and AVEO Pharmaceuticals, Inc., dated as of September 25, 2007. Exhibit E Form of Initial Release Exhibit E (Form of Initial Release) NEWS RELEASE DRAFT NOT FOR IMMEDIATE RELEASE Contacts: Xxxxxxx Xxxxxxxxxx, AVEO Pharmaceuticals, Inc. (000) 000-0000 Xxxxxx Xxxxx, Pure Communications (000) 000-0000 AVEO and Biogen Idec Form Strategic Alliance for Development and Commercialization of ErbB3-Targeted Antibodies Biogen Idec to Obtain to Commercialize ErbB3 Antibodies Outside of North America CAMBRIDGE, Mass., February xx, 2009 – AVEO Pharmaceuticals, Inc., a biopharmaceutical company leveraging breakthrough discoveries in cancer biology to discover, develop and commercialize targeted oncology therapies, today announced a definitive agreement with Biogen Idec, Inc. (NASDAQ:BIIB), for the development and commercialization of AVEO’s novel discovery-stage ErbB3-targeted antibodies (the “ErbB3 program”) for the potential treatment of cancer and other diseases. Under the terms of the agreement, AVEO will receive an up-front payment and is eligible to receive milestone payments based upon the achievement of specified development goals. Biogen Idec will have an option exercisable at proof of concept to development and commercialization rights to ErbB3 binding antibodies for territories outside of North America. AVEO retains all North American commercialization rights, and is responsible for leading global development of the ErbB3 program. Financial terms of the transaction were not disclosed. “We are very please to enter into this alliance with Biogen Idec,” stated Xxxx Xx-Xxxx, president and chief executive officer of AVEO. “This agreement for the development and commercialization of our discovery-stage ErbB3-targeted antibodies facilitates our strategy to develop a balanced portfolio of small molecule drugs and antibodies for the treatment of cancer. These alliances highlight AVEO’s ability to generate value from our antibody discovery programs and advance these candidates to the clinic, reinforcing the broad potential of our rapidly maturing proprietary antibody pipeline and the quality of our science. The terms of this alliance with Biogen Idec support our strategy to become a fully-integrated company offering first- and best-in-class cancer medicines through AVEO’s own North American-based commercial organization.” ErbB3 is a type 1 tyrosine kinase receptor of the EFGR family that is widely expressed in human carcinomas, with demonstrated overexpression – correlated with poor prognosis – in several different tumor types, including breast, ovarian, prostate, colorectal, pancreatic, gastric and head & neck cancers. In vivo studies conducted by AVEO demonstrated that elevated ErbB3 levels can potently drive breast tumor growth and may provide an escape mechanism to Herceptin® treatment. ErbB3 is also implicated in the development of resistance to EGFR tyrosine kinase inhibitors in non small cell lung cancer. AVEO has focused its ErbB3 antibody discovery efforts on identifying high affinity, high specificity antibodies that recognize ErbB3 on the cell surface and inhibit its activity. The market attractiveness of AVEO’s ErbB3 portfolio is bolstered by the success of other EFGR family inhibitors such as erlotinib, gefitinib and transtuzumab, which have unique patterns of resistance that may be addressed by an effective ErbB3 antibody. About AVEO AVEO is a late-stage biopharmaceutical company focused on the discovery and development of novel, targeted cancer therapeutics. AVEO’s proprietary, integrated cancer biology platform enables the company to pursue highly efficient drug development strategies in oncology that increase the probability of clinical success and provides a discovery engine for high-value targets. This approach has resulted in a balanced pipeline of novel cancer therapies focused on well-validated targets (VEGFR, EGFR) and promising novel targets (HGF, FGFR, ERBB3), as well as collaborations with Xxx Lilly, Merck, OSI Pharmaceuticals, Schering-Plough and Biogen Idec. The company’s lead product, AV-951, a potential best-in-class triple VEGF receptor inhibitor, is in a Phase 2 clinical trial in patients with metastatic renal cell cancer and is expected to enter Phase 3 development in 2009. Through a combination of internal drug discovery and selective in-licensing of targeted therapeutics, AVEO is building a diversified product pipeline and moving toward its vision of becoming a fully integrated pharmaceutical company. For more information, please visit the company’s website at xxx.xxxxxxxxxx.xxx.

Appears in 1 contract

Samples: Agreement

Section Headings and References. The section headings are or titles of the several Sections hereof, and any table of contents appended to copies hereof, shall be solely for the convenience of reference and shall not affect the parties meaning, construction or effect of this Appendix A-18. All references herein to “Sections” and in no way alter, modify, amend, limit other subdivisions are to the corresponding Sections or restrict the contractual obligations subdivisions of the parties. Any reference in Master Agreement and of this agreement to a particular section or subsection shall Appendix A-18; and the words “herein,” “hereof,” “hereunder” and other words of similar import refer to a section or subsection of this the Master Agreement, unless specified otherwiseas supplemented and amended, as a whole and not to any particular Article, Section or subdivision hereof. Executed as EXHIBIT A REQUISITION OF THE CITY (2014A COSTS OF ISSUANCE FUND 2014B COSTS OF ISSUANCE FUND 2014C COSTS OF ISSUANCE FUND) City of San Xxxx Airport Revenue Refunding Bonds, Series 2014A, Series 2014B and Series 2014C (Issue Date: October , 2014) Request No.: COI- (to be sequentially numbered) The undersigned authorized representatives of the date first written above. COMPANY: AVEO PHARMACEUTICALSCity of San José, INC. By: Name: Xxxx Xx-Xxxx Title: President and Chief Executive Officer PURCHASERS: [Signature Pages Follow] Exhibit A List of Purchasers and Shares Purchased Initial Purchasers Name and Address of Initial Purchasers No. of Shares of Series E Preferred Aggregate Purchase Price Biogen Idec Inc. 00 Xxxxxxxxx Xxxxxx Xxxxxxxxx, XX 00000 Attn: General Counsel With a copy to: Xxxxxxx XxXxxxxxx LLP Xxx Xxxxxxx Xxxxxx Xxxxxx, XX 00000 Attn: Xxxxxxx X. Xxxxxxx 7,500,000 $ 30,000,000.00 Total: 7,500,000 $ 30,000,000.00 Additional Purchasers Name and Address of Additional Purchasers No. of Shares of Series E Preferred Aggregate Purchase Price EXHIBIT B-1 Investment Financing Signature Page By execution and delivery of this signature page, the undersigned hereby agrees to become a Purchaser, as defined in that certain Series E Convertible Preferred Stock Purchase Agreement California (the “Purchase AgreementCity) by and among AVEO Pharmaceuticals), Inc.hereby request The Bank of New York Mellon Trust Company, a Delaware corporation N.A., as trustee (the “CompanyTrustee), and the Purchasers (as defined in the Purchase ) under that certain Master Trust Agreement), dated as of March July 1, 20092001, acknowledges having read between the representations in City and the Purchase Agreement section entitled “Representations of the Purchasers,” Trustee, as amended and hereby represents that the statements contained therein are true and correct with respect to the undersigned as a Purchaser. The undersigned further hereby agrees to be bound supplemented by the terms Tenth Supplemental Trust Agreement dated as of October 1, 2014, between the City and conditions of the Trustee (i) the Purchase Agreement as a “Purchaser” thereunder, (ii) the Stockholders’ Voting Agreement (as defined in the Purchase Agreement) as a “Purchaser” thereunder, (iii) the Investor Rights Agreement (as defined in the Purchase Agreement) as a “Purchaser” thereunder and (iv) the Co-Sale Agreement (as defined in the Purchase Agreement) as a “Purchaser” thereunder, and authorizes this signature page to be attached to the Purchase Agreementcollectively, the Stockholders’ Voting “Trust Agreement, the Investor Rights Agreement and the Co-Sale Agreement, or counterparts thereof. Executed, in counterpart, as of the date set forth below. PURCHASER: By: Title: Date: Contact Person: Telephone No.: Telecopy No.: Email Address: EXHIBIT B-2 Existing Investor Financing Signature Page By execution and delivery of this signature page, the undersigned hereby agrees to become a Purchaser, as defined in that certain Series E Convertible Preferred Stock Purchase Agreement (the “Purchase Agreement”) by and among AVEO Pharmaceuticals, Inc., a Delaware corporation (the “Company”), to pay to the Persons listed on Schedule I attached hereto, the amounts shown for the purposes indicated from the 2014A Costs of Issuance Fund, the 2014B Costs of Issuance Fund and the Purchasers (as defined 2014C Costs of Issuance Fund held under the Trust Agreement. The City hereby certifies that obligations in the Purchase Agreement)amounts stated in this Requisition have been incurred by the City and are presently due and payable, dated as and that the percentage of March each item set forth on Schedule I hereto is a proper charge against the 2014A Costs of Issuance Fund, 2009the 2014B Costs of Issuance Fund and the 2014C Costs of Issuance Fund, acknowledges having read the representations in the Purchase Agreement section entitled “Representations and has not been previously paid therefrom. Dated: Total Amount: $ CITY OF SAN JOSE, CALIFORNIA By: Authorized Airport Representative By: Authorized Finance Representative SCHEDULE I (2014A COSTS OF ISSUANCE FUND REQUISITION 2014B COSTS OF ISSUANCE FUND REQUISITION 2014C COSTS OF ISSUANCE FUND REQUISITION) AMOUNT PAYABLE FROM 2014A COSTS OF ISSUANCE FUND AMOUNT PAYABLE FROM 2014B COSTS OF ISSUANCE FUND AMOUNT PAYABLE FROM 201C COSTS OF ISSUANCE FUND AMOUNT % ALLOCABLE AMOUNT ALLOCABLE % ALLOCABLE AMOUNT ALLOCABLE % ALLOCABLE AMOUNT ALLOCABLE OF TO 2014A TO 2014A TO 2014B TO 2014B TO 2014C TO 0000X XXXXX XXXXXXX XXXXXXX $ BONDS % BONDS $ BONDS % BONDS $ BONDS BONDS Exh X-0 XXXXXXXX X-00 Xxxxxxxx and Terms of the Purchasers,” and hereby represents that the statements contained therein are true and correct with respect to the undersigned as a Purchaser. The undersigned further hereby agrees to be bound by the terms and conditions of the Purchase Agreement as a “Purchaser” thereunder, and authorizes this signature page to be attached to the Purchase Agreement, or counterparts thereof. Executed, in counterpart, as of the date set forth below. PURCHASER: BIOGEN IDEC INC. By: Title: Date: Contact Person: Telephone No.: Telecopy No.: Email Address: Exhibit D List of Existing AVEO In-licenses Research and Commercialization License Agreement between Evogenix Pty Limited (now Xxxxx Therapeutics) and AVEO Pharmaceuticals, Inc., dated as of September 25, 2007. Exhibit E Form of Initial Release Exhibit E (Form of Initial Release) NEWS RELEASE DRAFT NOT FOR IMMEDIATE RELEASE Contacts: Xxxxxxx Xxxxxxxxxx, AVEO Pharmaceuticals, Inc. (000) 000-0000 Xxxxxx Xxxxx, Pure Communications (000) 000-0000 AVEO and Biogen Idec Form Strategic Alliance for Development and Commercialization of ErbB3-Targeted Antibodies Biogen Idec to Obtain to Commercialize ErbB3 Antibodies Outside of North America CAMBRIDGE, Mass., February xx, 2009 – AVEO Pharmaceuticals, Inc., a biopharmaceutical company leveraging breakthrough discoveries in cancer biology to discover, develop and commercialize targeted oncology therapies, today announced a definitive agreement with Biogen Idec, Inc. (NASDAQ:BIIB), for the development and commercialization of AVEO’s novel discovery-stage ErbB3-targeted antibodies (the “ErbB3 program”) for the potential treatment of cancer and other diseases. Under the terms of the agreement, AVEO will receive an up-front payment and is eligible to receive milestone payments based upon the achievement of specified development goals. Biogen Idec will have an option exercisable at proof of concept to development and commercialization rights to ErbB3 binding antibodies for territories outside of North America. AVEO retains all North American commercialization rights, and is responsible for leading global development of the ErbB3 program. Financial terms of the transaction were not disclosed. “We are very please to enter into this alliance with Biogen Idec,” stated Xxxx Xx-Xxxx, president and chief executive officer of AVEO. “This agreement for the development and commercialization of our discovery-stage ErbB3-targeted antibodies facilitates our strategy to develop a balanced portfolio of small molecule drugs and antibodies for the treatment of cancer. These alliances highlight AVEO’s ability to generate value from our antibody discovery programs and advance these candidates to the clinic, reinforcing the broad potential of our rapidly maturing proprietary antibody pipeline and the quality of our science. The terms of this alliance with Biogen Idec support our strategy to become a fully-integrated company offering first- and best-in-class cancer medicines through AVEO’s own North American-based commercial organization.” ErbB3 is a type 1 tyrosine kinase receptor of the EFGR family that is widely expressed in human carcinomas, with demonstrated overexpression – correlated with poor prognosis – in several different tumor types, including breast, ovarian, prostate, colorectal, pancreatic, gastric and head & neck cancers. In vivo studies conducted by AVEO demonstrated that elevated ErbB3 levels can potently drive breast tumor growth and may provide an escape mechanism to Herceptin® treatment. ErbB3 is also implicated in the development of resistance to EGFR tyrosine kinase inhibitors in non small cell lung cancer. AVEO has focused its ErbB3 antibody discovery efforts on identifying high affinity, high specificity antibodies that recognize ErbB3 on the cell surface and inhibit its activity. The market attractiveness of AVEO’s ErbB3 portfolio is bolstered by the success of other EFGR family inhibitors such as erlotinib, gefitinib and transtuzumab, which have unique patterns of resistance that may be addressed by an effective ErbB3 antibody. About AVEO AVEO is a late-stage biopharmaceutical company focused on the discovery and development of novel, targeted cancer therapeutics. AVEO’s proprietary, integrated cancer biology platform enables the company to pursue highly efficient drug development strategies in oncology that increase the probability of clinical success and provides a discovery engine for high-value targets. This approach has resulted in a balanced pipeline of novel cancer therapies focused on well-validated targets (VEGFR, EGFR) and promising novel targets (HGF, FGFR, ERBB3), as well as collaborations with Xxx Lilly, Merck, OSI Pharmaceuticals, Schering-Plough and Biogen Idec. The company’s lead product, AV-951, a potential best-in-class triple VEGF receptor inhibitor, is in a Phase 2 clinical trial in patients with metastatic renal cell cancer and is expected to enter Phase 3 development in 2009. Through a combination of internal drug discovery and selective in-licensing of targeted therapeutics, AVEO is building a diversified product pipeline and moving toward its vision of becoming a fully integrated pharmaceutical company. For more information, please visit the company’s website at xxx.xxxxxxxxxx.xxx.2014C Bonds

Appears in 1 contract

Samples: Tenth Supplemental Trust Agreement

Section Headings and References. { TC "SECTION A- 20.14. Section Headings and References" \l "2" \y}. The section headings are or titles of the several Sections hereof, and any table of contents appended to copies hereof, shall be solely for the convenience of reference and shall not affect the parties meaning, construction or effect of this Appendix A-20. All references herein to “Sections” and in no way alter, modify, amend, limit other subdivisions are to the corresponding Sections or restrict the contractual obligations subdivisions of the parties. Any reference in Master Agreement and of this agreement to a particular section or subsection shall Appendix A-20; and the words “herein,” “hereof,” “hereunder” and other words of similar import refer to a section or subsection of this the Master Agreement, unless specified otherwiseas supplemented and amended, as a whole and not to any particular Article, Section or subdivision hereof. Executed as OHSUSA:766237564.6 EXHIBIT A REQUISITION OF THE CITY (2017A COSTS OF ISSUANCE FUND 2017B COSTS OF ISSUANCE FUND) City of San Xxxx Airport Revenue Refunding Bonds, Series 2017A and Series 2017B (Issue Date: April , 2017) Request No.: COI- (to be sequentially numbered) The undersigned authorized representatives of the date first written above. COMPANY: AVEO PHARMACEUTICALSCity of San José, INC. By: Name: Xxxx Xx-Xxxx Title: President and Chief Executive Officer PURCHASERS: [Signature Pages Follow] Exhibit A List of Purchasers and Shares Purchased Initial Purchasers Name and Address of Initial Purchasers No. of Shares of Series E Preferred Aggregate Purchase Price Biogen Idec Inc. 00 Xxxxxxxxx Xxxxxx Xxxxxxxxx, XX 00000 Attn: General Counsel With a copy to: Xxxxxxx XxXxxxxxx LLP Xxx Xxxxxxx Xxxxxx Xxxxxx, XX 00000 Attn: Xxxxxxx X. Xxxxxxx 7,500,000 $ 30,000,000.00 Total: 7,500,000 $ 30,000,000.00 Additional Purchasers Name and Address of Additional Purchasers No. of Shares of Series E Preferred Aggregate Purchase Price EXHIBIT B-1 Investment Financing Signature Page By execution and delivery of this signature page, the undersigned hereby agrees to become a Purchaser, as defined in that certain Series E Convertible Preferred Stock Purchase Agreement California (the “Purchase AgreementCity) by and among AVEO Pharmaceuticals), Inc.hereby request The Bank of New York Mellon Trust Company, a Delaware corporation N.A., as trustee (the “CompanyTrustee), and the Purchasers (as defined in the Purchase ) under that certain Master Trust Agreement), dated as of March July 1, 20092001, acknowledges having read between the representations City and the Trustee, as amended and supplemented by the Eleventh Supplemental Trust Agreement dated as of April 1, 2017, between the City and the Trustee (collectively, the “Trust Agreement”), to pay to the Persons listed on Schedule I attached hereto, the amounts shown for the purposes indicated from the 2017A Costs of Issuance Fund and the 2017B Costs of Issuance Fund held under the Trust Agreement. The City hereby certifies that obligations in the Purchase Agreement section entitled “Representations amounts stated in this Requisition have been incurred by the City and are presently due and payable, and that the percentage of each item set forth on Schedule I hereto is a proper charge against the 2017A Costs of Issuance Fund and the 2017B Costs of Issuance Fund, and has not been previously paid therefrom. Dated: Total Amount: $ CITY OF SAN JOSE, CALIFORNIA By: Authorized Airport Representative By: Authorized Finance Representative OHSUSA:766237564.6 Exh A-1 SCHEDULE I (2017A COSTS OF ISSUANCE FUND REQUISITION 2017B COSTS OF ISSUANCE FUND REQUISITION) AMOUNT PAYABLE FROM 2017A COSTS OF ISSUANCE FUND AMOUNT PAYABLE FROM 2017B COSTS OF ISSUANCE FUND PAYEE PURPOSE AMOUNT OF INVOICE % ALLOCABLE TO 2017A Bonds AMOUNT ALLOCABLE TO 2017A Bonds % ALLOCABLE TO 2017B Bonds AMOUNT ALLOCABLE TO 2017B Bonds $ % $ % $ OHSUSA:766237564.6 Exh A-2 APPENDIX A-21 Issuance and Terms of the Purchasers,” 2017B Bonds{ TC "APPENDIX A-21 Issuance and hereby represents that Terms of the statements contained therein are true and correct with respect to 2017B Bonds" \l "1" \u} SECTION A-21.01. Definitions{ TC "SECTION A-21.01. Definitions" \l "2" \y}. Unless the undersigned as a Purchaser. The undersigned further hereby agrees to be bound by context otherwise requires, the terms and conditions of (i) the Purchase Agreement as a “Purchaser” thereunder, (ii) the Stockholders’ Voting Agreement (as defined in this Section shall have the Purchase Agreement) as a “Purchaser” thereundermeanings herein specified, (iii) for all purposes of this Appendix A-21, the Investor Rights Agreement (as defined in the Purchase Agreement) as a “Purchaser” thereunder and (iv) the Co-Sale Agreement (as defined in the Purchase Agreement) as a “Purchaser” thereunder, and authorizes this signature page to be attached to the Purchase Master Agreement, the Stockholders’ Voting Agreement, the Investor Rights Eleventh Supplemental Trust Agreement and any subsequent Supplemental Agreements (unless otherwise provided therein) and of any certificate, opinion or other document herein mentioned. All capitalized terms not otherwise defined herein shall have the Co-Sale Agreement, or counterparts thereof. Executed, in counterpart, as of the date set forth below. PURCHASER: By: Title: Date: Contact Person: Telephone No.: Telecopy No.: Email Address: EXHIBIT B-2 Existing Investor Financing Signature Page By execution and delivery of this signature page, the undersigned hereby agrees meaning given to become a Purchaser, as defined in that certain Series E Convertible Preferred Stock Purchase Agreement (the “Purchase Agreement”) by and among AVEO Pharmaceuticals, Inc., a Delaware corporation (the “Company”), and the Purchasers (as defined such terms in the Purchase Master Agreement), dated as of March , 2009, acknowledges having read the representations in the Purchase Agreement section entitled “Representations of the Purchasers,” and hereby represents that the statements contained therein are true and correct with respect to the undersigned as a Purchaser. The undersigned further hereby agrees to be bound by the terms and conditions of the Purchase Agreement as a “Purchaser” thereunder, and authorizes this signature page to be attached to the Purchase Agreement, or counterparts thereof. Executed, in counterpart, as of the date set forth below. PURCHASER: BIOGEN IDEC INC. By: Title: Date: Contact Person: Telephone No.: Telecopy No.: Email Address: Exhibit D List of Existing AVEO In-licenses Research and Commercialization License Agreement between Evogenix Pty Limited (now Xxxxx Therapeutics) and AVEO Pharmaceuticals, Inc., dated as of September 25, 2007. Exhibit E Form of Initial Release Exhibit E (Form of Initial Release) NEWS RELEASE DRAFT NOT FOR IMMEDIATE RELEASE Contacts: Xxxxxxx Xxxxxxxxxx, AVEO Pharmaceuticals, Inc. (000) 000-0000 Xxxxxx Xxxxx, Pure Communications (000) 000-0000 AVEO and Biogen Idec Form Strategic Alliance for Development and Commercialization of ErbB3-Targeted Antibodies Biogen Idec to Obtain to Commercialize ErbB3 Antibodies Outside of North America CAMBRIDGE, Mass., February xx, 2009 – AVEO Pharmaceuticals, Inc., a biopharmaceutical company leveraging breakthrough discoveries in cancer biology to discover, develop and commercialize targeted oncology therapies, today announced a definitive agreement with Biogen Idec, Inc. (NASDAQ:BIIB), for the development and commercialization of AVEO’s novel discovery-stage ErbB3-targeted antibodies (the “ErbB3 program”) for the potential treatment of cancer and other diseases. Under the terms of the agreement, AVEO will receive an up-front payment and is eligible to receive milestone payments based upon the achievement of specified development goals. Biogen Idec will have an option exercisable at proof of concept to development and commercialization rights to ErbB3 binding antibodies for territories outside of North America. AVEO retains all North American commercialization rights, and is responsible for leading global development of the ErbB3 program. Financial terms of the transaction were not disclosed. “We are very please to enter into this alliance with Biogen Idec,” stated Xxxx Xx-Xxxx, president and chief executive officer of AVEO. “This agreement for the development and commercialization of our discovery-stage ErbB3-targeted antibodies facilitates our strategy to develop a balanced portfolio of small molecule drugs and antibodies for the treatment of cancer. These alliances highlight AVEO’s ability to generate value from our antibody discovery programs and advance these candidates to the clinic, reinforcing the broad potential of our rapidly maturing proprietary antibody pipeline and the quality of our science. The terms of this alliance with Biogen Idec support our strategy to become a fully-integrated company offering first- and best-in-class cancer medicines through AVEO’s own North American-based commercial organization.” ErbB3 is a type 1 tyrosine kinase receptor of the EFGR family that is widely expressed in human carcinomas, with demonstrated overexpression – correlated with poor prognosis – in several different tumor types, including breast, ovarian, prostate, colorectal, pancreatic, gastric and head & neck cancers. In vivo studies conducted by AVEO demonstrated that elevated ErbB3 levels can potently drive breast tumor growth and may provide an escape mechanism to Herceptin® treatment. ErbB3 is also implicated in the development of resistance to EGFR tyrosine kinase inhibitors in non small cell lung cancer. AVEO has focused its ErbB3 antibody discovery efforts on identifying high affinity, high specificity antibodies that recognize ErbB3 on the cell surface and inhibit its activity. The market attractiveness of AVEO’s ErbB3 portfolio is bolstered by the success of other EFGR family inhibitors such as erlotinib, gefitinib and transtuzumab, which have unique patterns of resistance that may be addressed by an effective ErbB3 antibody. About AVEO AVEO is a late-stage biopharmaceutical company focused on the discovery and development of novel, targeted cancer therapeutics. AVEO’s proprietary, integrated cancer biology platform enables the company to pursue highly efficient drug development strategies in oncology that increase the probability of clinical success and provides a discovery engine for high-value targets. This approach has resulted in a balanced pipeline of novel cancer therapies focused on well-validated targets (VEGFR, EGFR) and promising novel targets (HGF, FGFR, ERBB3), as well as collaborations with Xxx Lilly, Merck, OSI Pharmaceuticals, Schering-Plough and Biogen Idec. The company’s lead product, AV-951, a potential best-in-class triple VEGF receptor inhibitor, is in a Phase 2 clinical trial in patients with metastatic renal cell cancer and is expected to enter Phase 3 development in 2009. Through a combination of internal drug discovery and selective in-licensing of targeted therapeutics, AVEO is building a diversified product pipeline and moving toward its vision of becoming a fully integrated pharmaceutical company. For more information, please visit the company’s website at xxx.xxxxxxxxxx.xxx.

Appears in 1 contract

Samples: Supplemental Trust Agreement

Section Headings and References. { TC "SECTION A- 21.14. Section Headings and References" \l "2" \y}. The section headings or titles of the several Sections hereof, and any table of contents appended to copies hereof, shall be solely for convenience of reference and shall not affect the meaning, construction or effect of this Appendix A-21. All references herein to “Sections” and other subdivisions are to the corresponding Sections or subdivisions of the Master Agreement and of this Appendix A-21; and the words “herein,” “hereof,” “hereunder” and other words of similar import refer to the Master Agreement, as supplemented and amended, as a whole and not to any particular Article, Section or subdivision hereof. OHSUSA:766237564.6 A-21-9 EXHIBIT A REQUISITION OF THE CITY (2017A COSTS OF ISSUANCE FUND 2017B COSTS OF ISSUANCE FUND) City of San Xxxx Airport Revenue Refunding Bonds, Series 2017A and Series 2017B (Issue Date: April , 2017) Request No.: COI- (to be sequentially numbered) The undersigned authorized representatives of the City of San José, California (the “City”), hereby request The Bank of New York Mellon Trust Company, N.A., as trustee (the “Trustee”) under that certain Master Trust Agreement, dated as of July 1, 2001, between the City and the Trustee, as amended and supplemented by the Eleventh Supplemental Trust Agreement dated as of April 1, 2017, between the City and the Trustee (collectively, the “Trust Agreement”), to pay to the Persons listed on Schedule I attached hereto, the amounts shown for the convenience purposes indicated from the 2017A Costs of Issuance Fund and the 2017B Costs of Issuance Fund held under the Trust Agreement. The City hereby certifies that obligations in the amounts stated in this Requisition have been incurred by the City and are presently due and payable, and that the percentage of each item set forth on Schedule I hereto is a proper charge against the 2017A Costs of Issuance Fund and the 2017B Costs of Issuance Fund, and has not been previously paid therefrom. Dated: Total Amount: $ CITY OF SAN JOSE, CALIFORNIA By: Authorized Airport Representative By: Authorized Finance Representative OHSUSA:766237564.6 Exh A-1 SCHEDULE I (2017A COSTS OF ISSUANCE FUND REQUISITION 2017B COSTS OF ISSUANCE FUND REQUISITION) AMOUNT PAYABLE FROM 2017A COSTS OF ISSUANCE FUND AMOUNT PAYABLE FROM 2017B COSTS OF ISSUANCE FUND PAYEE PURPOSE AMOUNT OF INVOICE % ALLOCABLE TO 2017A Bonds AMOUNT ALLOCABLE TO 2017A Bonds % ALLOCABLE TO 2017B Bonds AMOUNT ALLOCABLE TO 2017B Bonds $ % $ % $ OHSUSA:766237564.6 Exh A-2 $ No. CITY OF SAN XXXX AIRPORT REVENUE REFUNDING BOND, SERIES 2017A (AMT){ TC "APPENDIX B-20 CITY OF SAN XXXX AIRPORT REVENUE REFUNDING BOND, SERIES 2017A (AMT" \L "1" \U} INTEREST RATE MATURITY DATE DATED AS OF CUSIP NUMBER % March 1, 20 , 2017 [798136] Registered Owner: Principal Sum: Dollars THE CITY OF SAN XXXX, a chartered city and municipal corporation organized and existing under the Constitution and laws of the parties and in no way alterState of California (herein called the “City”), modifyfor value received, amend, limit or restrict the contractual obligations hereby promises to pay (but only out of the parties. Any reference General Airport Revenues hereinafter referred to) to the registered Owner set forth above, or registered assigns, on the maturity date set forth above (subject to any right of prior redemption hereinafter provided for), the principal sum set forth above in this agreement lawful money of the United States of America, and to a particular section or subsection shall refer to a section or subsection pay interest thereon in like lawful money from the interest payment date next preceding the date of authentication of this AgreementBond (unless this Bond is authenticated as of a day during the period from the 16th day of the month next preceding any interest payment date to and including such interest payment date, unless specified otherwisein which event it shall bear interest from such interest payment date), until payment of such principal sum, at the interest rate per annum stated above, payable on September 1, 2017, and on March 1 and September 1 in each year thereafter. Executed The principal (or redemption price) hereof is payable to the registered Owner hereof upon the surrender hereof at the corporate trust office of The Bank of New York Mellon Trust Company, N.A., as trustee of the City (herein called the “Trustee”), in San Francisco, California or such other place as the Trustee shall determine. The interest hereon is payable to the person whose name appears on the bond registration books of the Trustee as the registered Owner hereof as of the close of business on the 15th day of the month immediately preceding an interest payment date, whether or not such day is a business day, such interest to be paid by check mailed by first class mail on such payment date first to such registered Owner at the Owner’s address as it appears on such registration books (except that in the case of a registered Owner of one million dollars ($1,000,000) or more in principal amount, such payment may, at such registered Owner’s written aboverequest, be made by wire transfer of immediately available funds to the bank account number for such Owner on file with the Trustee prior to the 15th day of the month preceding such interest payment date). COMPANY: AVEO PHARMACEUTICALSThe Bonds shall be issued as Book-Entry Bonds, INCregistered in the name of Cede & Co. or its registered assigns, and payment shall be made by wire transfer of immediately available funds. By: Name: Xxxx XxInterest on this Bond shall be calculated on the basis of a 360-Xxxx Title: President and Chief Executive Officer PURCHASERS: [Signature Pages Follow] Exhibit A List day year comprising twelve 30-day months. OHSUSA:766237564.6 B-20-1 This Bond is one of Purchasers and Shares Purchased Initial Purchasers Name and Address a duly authorized issue of Initial Purchasers No. revenue bonds of Shares of Series E Preferred Aggregate Purchase Price Biogen Idec Inc. 00 Xxxxxxxxx Xxxxxx Xxxxxxxxx, XX 00000 Attn: General Counsel With a copy to: Xxxxxxx XxXxxxxxx LLP Xxx Xxxxxxx Xxxxxx Xxxxxx, XX 00000 Attn: Xxxxxxx X. Xxxxxxx 7,500,000 $ 30,000,000.00 Total: 7,500,000 $ 30,000,000.00 Additional Purchasers Name and Address of Additional Purchasers No. of Shares of Series E Preferred Aggregate Purchase Price EXHIBIT B-1 Investment Financing Signature Page By execution and delivery of this signature page, the undersigned hereby agrees to become a Purchaser, City designated as defined in that certain Series E Convertible Preferred Stock Purchase Agreement (the “Purchase Agreement”) by and among AVEO PharmaceuticalsCity of San Xxxx Airport Revenue Refunding Bonds, Inc., a Delaware corporation Series 2017A (AMT)” (herein called the “CompanyBonds”), in the aggregate principal amount of $[2017A PAR], and consists or may consist of Bonds of varying denominations, dates, maturities, interest rates and other provisions, all under and pursuant to the provisions of Sections 200 and 1220 of the City Charter and the City of San Xxxx Airport Revenue Bond Law, Chapter 4.38 of the San Xxxx Municipal Code (herein collectively called the “Law”), and pursuant to the Purchasers Master Trust Agreement, dated as of July 1, 2001 (the “Master Trust Agreement”) between the City and the Trustee, as supplemented by a Eleventh Supplemental Trust Agreement, dated as of April 1, 2017, between the City and the Trustee (the “Eleventh Supplemental Trust Agreement” and, together with the Master Trust Agreement, the “Master Trust Agreement”) authorizing the issuance of the Bonds. All capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Master Trust Agreement. Reference is hereby made to the Master Trust Agreement and to the Law for a description of the terms on which the Bonds are issued, the provisions with regard to the nature and extent of the General Airport Revenues, as that term is defined in the Master Trust Agreement, the rights thereunder of the Owners of the Bonds, the rights, duties and immunities of the Trustee, and the rights and obligations of the City thereunder. All the terms of the Master Trust Agreement and the Law are hereby incorporated herein and constitute a contract between the City and the Owners of the Bonds. By acceptance of this Xxxx, the Owner of this Bond consents and agrees to all the provisions the Bonds, the Master Trust Agreement and the Law. Each Owner hereof shall have recourse to all of the provisions of the Law and the Master Trust Agreement and shall be bound by all of the terms and conditions thereof. The Bonds are issued to refinance a portion of the costs of designing and constructing certain improvements to the Enterprise (as defined in the Purchase Master Trust Agreement), dated as of March , 2009, acknowledges having read the representations in the Purchase Agreement section entitled “Representations . The Bonds are special obligations of the Purchasers,” City and hereby represents that the statements contained therein are true and correct with respect payable, as to the undersigned as a Purchaser. The undersigned further hereby agrees to be bound by principal thereof, interest thereon and any premiums upon the terms and conditions redemption of any thereof, from General Airport Revenues (i) the Purchase Agreement as a “Purchaser” thereunder, (ii) the Stockholders’ Voting Agreement (as which are more particularly defined in the Purchase Master Trust Agreement) as ). All of the Bonds are equally secured by a “Purchaser” thereunder, (iii) the Investor Rights Agreement (as defined in the Purchase Agreement) as a “Purchaser” thereunder and (iv) the Co-Sale Agreement (as defined in the Purchase Agreement) as a “Purchaser” thereunderpledge of, and authorizes this signature page to be attached to the Purchase Agreementcharge and lien upon, the Stockholders’ Voting Agreement, the Investor Rights Agreement and the Co-Sale Agreement, or counterparts thereof. Executed, in counterpart, as all of the date set forth below. PURCHASER: By: Title: Date: Contact Person: Telephone No.: Telecopy No.: Email Address: EXHIBIT B-2 Existing Investor Financing Signature Page By execution and delivery of this signature page, the undersigned hereby agrees to become a Purchaser, as defined in that certain Series E Convertible Preferred Stock Purchase Agreement (the “Purchase Agreement”) by and among AVEO Pharmaceuticals, Inc., a Delaware corporation (the “Company”)General Airport Revenues, and the Purchasers (General Airport Revenues constitute a trust fund for the security and payment of the interest on and principal of the Bonds; but nevertheless out of General Airport Revenues certain amounts may be applied for other purposes as defined provided in the Purchase Master Trust Agreement). Additional series of Bonds payable from the General Airport Revenues have been issued and may be issued if the future on a parity with the Bonds of this series, dated as of March , 2009, acknowledges having read but only subject to the representations conditions and limitations contained in the Purchase Agreement section entitled “Representations Master Trust Agreement. THE PRINCIPAL OF AND INTEREST ON THIS BOND ARE PAYABLE SOLELY FROM GENERAL AIRPORT REVENUES, AND THE CITY IS NOT OBLIGATED TO PAY THEM EXCEPT FROM GENERAL AIRPORT REVENUES. THE GENERAL FUND OF THE CITY IS NOT LIABLE, AND THE CREDIT OR TAXING POWER OF THE CITY IS NOT PLEDGED, FOR THE PAYMENT OF THE BONDS OR THEIR INTEREST. THE BONDS ARE NOT SECURED BY A LEGAL OR EQUITABLE PLEDGE OF, OR CHARGE, LIEN OR ENCUMBRANCE UPON, ANY OF THE PROPERTY OF THE CITY OR ANY OF ITS INCOME OR RECEIPTS, EXCEPT OHSUSA:766237564.6 B-20-2 GENERAL AIRPORT REVENUES. THE OWNER HEREOF HAS NO RIGHT TO COMPEL THE EXERCISE OF ANY TAXING POWER OF THE CITY. The City will, at all times while any of the Purchasers,” Bonds remain outstanding, manage its operations and hereby represents establish, fix, prescribe and collect rentals, rates, fees and charges in connection with the services and facilities furnished by the Enterprise in each Fiscal Year so that the statements contained therein are true and correct with respect to the undersigned as a Purchaser. The undersigned further hereby agrees to be bound by the terms and conditions of the Purchase Agreement as a “Purchaser” thereunder, and authorizes this signature page to be attached to the Purchase Agreement, or counterparts thereof. Executed, in counterpart, as of the date set forth below. PURCHASER: BIOGEN IDEC INC. By: Title: Date: Contact Person: Telephone No.: Telecopy No.: Email Address: Exhibit D List of Existing AVEO In-licenses Research and Commercialization License Agreement between Evogenix Pty Limited (now Xxxxx Therapeutics) and AVEO Pharmaceuticals, Inc., dated as of September 25, 2007. Exhibit E Form of Initial Release Exhibit E (Form of Initial Release) NEWS RELEASE DRAFT NOT FOR IMMEDIATE RELEASE Contacts: Xxxxxxx Xxxxxxxxxx, AVEO Pharmaceuticals, Inc. (000) 000-0000 Xxxxxx Xxxxx, Pure Communications (000) 000-0000 AVEO and Biogen Idec Form Strategic Alliance for Development and Commercialization of ErbB3-Targeted Antibodies Biogen Idec to Obtain to Commercialize ErbB3 Antibodies Outside of North America CAMBRIDGE, Mass., February xx, 2009 – AVEO Pharmaceuticals, Inc., a biopharmaceutical company leveraging breakthrough discoveries in cancer biology to discover, develop and commercialize targeted oncology therapies, today announced a definitive agreement with Biogen Idec, Inc. (NASDAQ:BIIB), for the development and commercialization of AVEO’s novel discovery-stage ErbB3-targeted antibodies (the “ErbB3 program”) for the potential treatment of cancer and other diseases. Under the terms of the agreement, AVEO will receive an up-front payment and is eligible to receive milestone payments based upon the achievement of specified development goals. Biogen Idec will have an option exercisable at proof of concept to development and commercialization rights to ErbB3 binding antibodies for territories outside of North America. AVEO retains all North American commercialization rights, and is responsible for leading global development of the ErbB3 program. Financial terms of the transaction were not disclosed. “We are very please to enter into this alliance with Biogen Idec,” stated Xxxx Xx-Xxxx, president and chief executive officer of AVEO. “This agreement for the development and commercialization of our discovery-stage ErbB3-targeted antibodies facilitates our strategy to develop a balanced portfolio of small molecule drugs and antibodies for the treatment of cancer. These alliances highlight AVEO’s ability to generate value from our antibody discovery programs and advance these candidates to the clinic, reinforcing the broad potential of our rapidly maturing proprietary antibody pipeline and the quality of our science. The terms of this alliance with Biogen Idec support our strategy to become a fully-integrated company offering first- and best-in-class cancer medicines through AVEO’s own North American-based commercial organization.” ErbB3 is a type 1 tyrosine kinase receptor of the EFGR family that is widely expressed in human carcinomas, with demonstrated overexpression – correlated with poor prognosis – in several different tumor types, including breast, ovarian, prostate, colorectal, pancreatic, gastric and head & neck cancers. In vivo studies conducted by AVEO demonstrated that elevated ErbB3 levels can potently drive breast tumor growth and may provide an escape mechanism to Herceptin® treatment. ErbB3 is also implicated in the development of resistance to EGFR tyrosine kinase inhibitors in non small cell lung cancer. AVEO has focused its ErbB3 antibody discovery efforts on identifying high affinity, high specificity antibodies that recognize ErbB3 on the cell surface and inhibit its activity. The market attractiveness of AVEO’s ErbB3 portfolio is bolstered by the success of other EFGR family inhibitors such as erlotinib, gefitinib and transtuzumab, which have unique patterns of resistance that may be addressed by an effective ErbB3 antibody. About AVEO AVEO is a late-stage biopharmaceutical company focused on the discovery and development of novel, targeted cancer therapeutics. AVEO’s proprietary, integrated cancer biology platform enables the company to pursue highly efficient drug development strategies in oncology that increase the probability of clinical success and provides a discovery engine for high-value targets. This approach has resulted in a balanced pipeline of novel cancer therapies focused on well-validated targets (VEGFR, EGFR) and promising novel targets (HGF, FGFR, ERBB3), as well as collaborations with Xxx Lilly, Merck, OSI Pharmaceuticals, Schering-Plough and Biogen Idec. The company’s lead product, AV-951, a potential best-in-class triple VEGF receptor inhibitor, is in a Phase 2 clinical trial in patients with metastatic renal cell cancer and is expected to enter Phase 3 development in 2009. Through a combination of internal drug discovery and selective in-licensing of targeted therapeutics, AVEO is building a diversified product pipeline and moving toward its vision of becoming a fully integrated pharmaceutical company. For more information, please visit the company’s website at xxx.xxxxxxxxxx.xxx.sum of

Appears in 1 contract

Samples: Supplemental Trust Agreement

Section Headings and References. The section headings are or titles of the several Sections hereof, and any table of contents appended to copies hereof, shall be solely for the convenience of reference and shall not affect the parties meaning, construction or effect of this Appendix A-17. All references herein to “Sections” and in no way alter, modify, amend, limit other subdivisions are to the corresponding Sections or restrict the contractual obligations subdivisions of the parties. Any reference in Master Agreement and of this agreement to a particular section or subsection shall Appendix A-17; and the words “herein,” “hereof,” “hereunder” and other words of similar import refer to a section or subsection of this the Master Agreement, unless specified otherwiseas supplemented and amended, as a whole and not to any particular Article, Section or subdivision hereof. Executed as EXHIBIT A REQUISITION OF THE CITY (2014A COSTS OF ISSUANCE FUND 2014B COSTS OF ISSUANCE FUND 2014C COSTS OF ISSUANCE FUND) City of San Xxxx Airport Revenue Refunding Bonds, Series 2014A, Series 2014B and Series 2014C (Issue Date: October , 2014) Request No.: COI- (to be sequentially numbered) The undersigned authorized representatives of the date first written above. COMPANY: AVEO PHARMACEUTICALSCity of San José, INC. By: Name: Xxxx Xx-Xxxx Title: President and Chief Executive Officer PURCHASERS: [Signature Pages Follow] Exhibit A List of Purchasers and Shares Purchased Initial Purchasers Name and Address of Initial Purchasers No. of Shares of Series E Preferred Aggregate Purchase Price Biogen Idec Inc. 00 Xxxxxxxxx Xxxxxx Xxxxxxxxx, XX 00000 Attn: General Counsel With a copy to: Xxxxxxx XxXxxxxxx LLP Xxx Xxxxxxx Xxxxxx Xxxxxx, XX 00000 Attn: Xxxxxxx X. Xxxxxxx 7,500,000 $ 30,000,000.00 Total: 7,500,000 $ 30,000,000.00 Additional Purchasers Name and Address of Additional Purchasers No. of Shares of Series E Preferred Aggregate Purchase Price EXHIBIT B-1 Investment Financing Signature Page By execution and delivery of this signature page, the undersigned hereby agrees to become a Purchaser, as defined in that certain Series E Convertible Preferred Stock Purchase Agreement California (the “Purchase AgreementCity) by and among AVEO Pharmaceuticals), Inc.hereby request The Bank of New York Mellon Trust Company, a Delaware corporation N.A., as trustee (the “CompanyTrustee), and the Purchasers (as defined in the Purchase ) under that certain Master Trust Agreement), dated as of March July 1, 20092001, acknowledges having read between the representations in City and the Purchase Agreement section entitled “Representations of the Purchasers,” Trustee, as amended and hereby represents that the statements contained therein are true and correct with respect to the undersigned as a Purchaser. The undersigned further hereby agrees to be bound supplemented by the terms Tenth Supplemental Trust Agreement dated as of October 1, 2014, between the City and conditions of the Trustee (i) the Purchase Agreement as a “Purchaser” thereunder, (ii) the Stockholders’ Voting Agreement (as defined in the Purchase Agreement) as a “Purchaser” thereunder, (iii) the Investor Rights Agreement (as defined in the Purchase Agreement) as a “Purchaser” thereunder and (iv) the Co-Sale Agreement (as defined in the Purchase Agreement) as a “Purchaser” thereunder, and authorizes this signature page to be attached to the Purchase Agreementcollectively, the Stockholders’ Voting “Trust Agreement, the Investor Rights Agreement and the Co-Sale Agreement, or counterparts thereof. Executed, in counterpart, as of the date set forth below. PURCHASER: By: Title: Date: Contact Person: Telephone No.: Telecopy No.: Email Address: EXHIBIT B-2 Existing Investor Financing Signature Page By execution and delivery of this signature page, the undersigned hereby agrees to become a Purchaser, as defined in that certain Series E Convertible Preferred Stock Purchase Agreement (the “Purchase Agreement”) by and among AVEO Pharmaceuticals, Inc., a Delaware corporation (the “Company”), to pay to the Persons listed on Schedule I attached hereto, the amounts shown for the purposes indicated from the 2014A Costs of Issuance Fund, the 2014B Costs of Issuance Fund and the Purchasers (as defined 2014C Costs of Issuance Fund held under the Trust Agreement. The City hereby certifies that obligations in the Purchase Agreement)amounts stated in this Requisition have been incurred by the City and are presently due and payable, dated as and that the percentage of March each item set forth on Schedule I hereto is a proper charge against the 2014A Costs of Issuance Fund, 2009the 2014B Costs of Issuance Fund and the 2014C Costs of Issuance Fund, acknowledges having read the representations in the Purchase Agreement section entitled “Representations and has not been previously paid therefrom. Dated: Total Amount: $ CITY OF SAN JOSE, CALIFORNIA By: Authorized Airport Representative By: Authorized Finance Representative SCHEDULE I (2014A COSTS OF ISSUANCE FUND REQUISITION 2014B COSTS OF ISSUANCE FUND REQUISITION 2014C COSTS OF ISSUANCE FUND REQUISITION) AMOUNT PAYABLE FROM 2014A COSTS OF ISSUANCE FUND AMOUNT PAYABLE FROM 2014B COSTS OF ISSUANCE FUND AMOUNT PAYABLE FROM 201C COSTS OF ISSUANCE FUND AMOUNT % ALLOCABLE AMOUNT ALLOCABLE % ALLOCABLE AMOUNT ALLOCABLE % ALLOCABLE AMOUNT ALLOCABLE OF TO 2014A TO 2014A TO 2014B TO 2014B TO 2014C TO 0000X XXXXX XXXXXXX XXXXXXX $ BONDS % BONDS $ BONDS % BONDS $ BONDS BONDS Exh X-0 XXXXXXXX X-00 Xxxxxxxx and Terms of the Purchasers,” and hereby represents that the statements contained therein are true and correct with respect to the undersigned as a Purchaser. The undersigned further hereby agrees to be bound by the terms and conditions of the Purchase Agreement as a “Purchaser” thereunder, and authorizes this signature page to be attached to the Purchase Agreement, or counterparts thereof. Executed, in counterpart, as of the date set forth below. PURCHASER: BIOGEN IDEC INC. By: Title: Date: Contact Person: Telephone No.: Telecopy No.: Email Address: Exhibit D List of Existing AVEO In-licenses Research and Commercialization License Agreement between Evogenix Pty Limited (now Xxxxx Therapeutics) and AVEO Pharmaceuticals, Inc., dated as of September 25, 2007. Exhibit E Form of Initial Release Exhibit E (Form of Initial Release) NEWS RELEASE DRAFT NOT FOR IMMEDIATE RELEASE Contacts: Xxxxxxx Xxxxxxxxxx, AVEO Pharmaceuticals, Inc. (000) 000-0000 Xxxxxx Xxxxx, Pure Communications (000) 000-0000 AVEO and Biogen Idec Form Strategic Alliance for Development and Commercialization of ErbB3-Targeted Antibodies Biogen Idec to Obtain to Commercialize ErbB3 Antibodies Outside of North America CAMBRIDGE, Mass., February xx, 2009 – AVEO Pharmaceuticals, Inc., a biopharmaceutical company leveraging breakthrough discoveries in cancer biology to discover, develop and commercialize targeted oncology therapies, today announced a definitive agreement with Biogen Idec, Inc. (NASDAQ:BIIB), for the development and commercialization of AVEO’s novel discovery-stage ErbB3-targeted antibodies (the “ErbB3 program”) for the potential treatment of cancer and other diseases. Under the terms of the agreement, AVEO will receive an up-front payment and is eligible to receive milestone payments based upon the achievement of specified development goals. Biogen Idec will have an option exercisable at proof of concept to development and commercialization rights to ErbB3 binding antibodies for territories outside of North America. AVEO retains all North American commercialization rights, and is responsible for leading global development of the ErbB3 program. Financial terms of the transaction were not disclosed. “We are very please to enter into this alliance with Biogen Idec,” stated Xxxx Xx-Xxxx, president and chief executive officer of AVEO. “This agreement for the development and commercialization of our discovery-stage ErbB3-targeted antibodies facilitates our strategy to develop a balanced portfolio of small molecule drugs and antibodies for the treatment of cancer. These alliances highlight AVEO’s ability to generate value from our antibody discovery programs and advance these candidates to the clinic, reinforcing the broad potential of our rapidly maturing proprietary antibody pipeline and the quality of our science. The terms of this alliance with Biogen Idec support our strategy to become a fully-integrated company offering first- and best-in-class cancer medicines through AVEO’s own North American-based commercial organization.” ErbB3 is a type 1 tyrosine kinase receptor of the EFGR family that is widely expressed in human carcinomas, with demonstrated overexpression – correlated with poor prognosis – in several different tumor types, including breast, ovarian, prostate, colorectal, pancreatic, gastric and head & neck cancers. In vivo studies conducted by AVEO demonstrated that elevated ErbB3 levels can potently drive breast tumor growth and may provide an escape mechanism to Herceptin® treatment. ErbB3 is also implicated in the development of resistance to EGFR tyrosine kinase inhibitors in non small cell lung cancer. AVEO has focused its ErbB3 antibody discovery efforts on identifying high affinity, high specificity antibodies that recognize ErbB3 on the cell surface and inhibit its activity. The market attractiveness of AVEO’s ErbB3 portfolio is bolstered by the success of other EFGR family inhibitors such as erlotinib, gefitinib and transtuzumab, which have unique patterns of resistance that may be addressed by an effective ErbB3 antibody. About AVEO AVEO is a late-stage biopharmaceutical company focused on the discovery and development of novel, targeted cancer therapeutics. AVEO’s proprietary, integrated cancer biology platform enables the company to pursue highly efficient drug development strategies in oncology that increase the probability of clinical success and provides a discovery engine for high-value targets. This approach has resulted in a balanced pipeline of novel cancer therapies focused on well-validated targets (VEGFR, EGFR) and promising novel targets (HGF, FGFR, ERBB3), as well as collaborations with Xxx Lilly, Merck, OSI Pharmaceuticals, Schering-Plough and Biogen Idec. The company’s lead product, AV-951, a potential best-in-class triple VEGF receptor inhibitor, is in a Phase 2 clinical trial in patients with metastatic renal cell cancer and is expected to enter Phase 3 development in 2009. Through a combination of internal drug discovery and selective in-licensing of targeted therapeutics, AVEO is building a diversified product pipeline and moving toward its vision of becoming a fully integrated pharmaceutical company. For more information, please visit the company’s website at xxx.xxxxxxxxxx.xxx.2014B Bonds

Appears in 1 contract

Samples: Tenth Supplemental Trust Agreement

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Section Headings and References. The section headings are for the convenience of the parties and in no way alter, modify, amend, limit or restrict the contractual obligations of the parties. Any reference in this agreement to a particular section or subsection shall refer to a section or subsection of this Agreement, unless specified otherwise. * * * * Executed as of the date first written above. COMPANY: AVEO PHARMACEUTICALSVITRO BIOPHARMA, INC. By: /s/ Nxxxxx Xxxx Name: Xxxx Xx-Nxxxxx Xxxx Title: President and Chief Executive Financial Officer PURCHASERS: [Signature Pages Follow] Exhibit EXHIBIT A List of Purchasers and Shares Purchased Initial Purchasers Name and Address of Initial Purchasers No. of Shares of Series E Preferred Aggregate Convertible Note Purchase Price Biogen Idec Inc. 00 Xxxxxxxxx Xxxxxx Xxxxxxxxx, XX 00000 Attn: General Counsel With a copy to: Xxxxxxx XxXxxxxxx LLP Xxx Xxxxxxx Xxxxxx Xxxxxx, XX 00000 Attn: Xxxxxxx X. Xxxxxxx 7,500,000 $ 30,000,000.00 Total: 7,500,000 $ 30,000,000.00 Additional Purchasers Name and Address of Additional Purchasers No. of Shares of Series E Preferred Aggregate Purchase Price EXHIBIT B-1 Investment Financing Agreement Signature Page By execution and delivery of this signature page, the undersigned hereby agrees to become that he, she, or it is a Purchaser, as defined in that certain Series E Convertible Preferred Stock Note Purchase Agreement (the “Purchase Agreement”) by and among AVEO PharmaceuticalsVitro Biopharma, Inc., a Delaware Nevada corporation (the “Company”), and the Purchasers (as defined in the Purchase Agreement), dated as of March May 31, 20092022, acknowledges having read the representations in the Purchase Agreement contained in the section entitled “Representations Representations, Warranties, and Covenants of the Purchaserseach Purchaser,” and hereby represents that the statements contained therein are true complete and correct accurate with respect to the undersigned as a Purchaser. The undersigned further hereby agrees to be bound by the terms and conditions of (i) the Purchase Agreement as a “Purchaser” thereunderthat he, (ii) the Stockholders’ Voting Agreement (as defined in the Purchase Agreement) as a “Purchaser” thereunder, (iii) the Investor Rights Agreement (as defined in the Purchase Agreement) as a “Purchaser” thereunder and (iv) the Co-Sale Agreement (as defined in the Purchase Agreement) as a “Purchaser” thereunder, and authorizes this signature page to be attached to the Purchase Agreement, the Stockholders’ Voting Agreement, the Investor Rights Agreement and the Co-Sale Agreement, she or counterparts thereof. Executed, in counterpart, as of the date set forth below. PURCHASER: By: Title: Date: Contact Person: Telephone No.: Telecopy No.: Email Address: EXHIBIT B-2 Existing Investor Financing Signature Page By execution and delivery of this signature page, the undersigned hereby agrees to become a Purchaser, as defined in that certain Series E Convertible Preferred Stock Purchase Agreement (the “Purchase Agreement”) by and among AVEO Pharmaceuticals, Inc., a Delaware corporation (the “Company”), and the Purchasers (as defined in the Purchase Agreement), dated as of March , 2009, acknowledges having read the representations in the Purchase Agreement section entitled “Representations of the Purchasers,” and hereby represents that the statements contained therein are true and correct with respect to the undersigned as a Purchaser. The undersigned further hereby agrees to be it is bound by the terms and conditions of the Purchase Agreement as a “Purchaser” thereunder, thereunder and authorizes this signature page to be attached to the Purchase Agreement, or counterparts thereofAgreement as a counterpart signature thereto. Executed, in counterpart, as of the date set forth below. PURCHASER: BIOGEN IDEC INC. By: Title: Kxxxx Xxxxxxx Print Name of Purchaser (Individual or Entity) /s/ Kxxxx Xxxxxxx Signature of Purchaser or Authorized Individual Print Name of Authorized Individual (If Entity) Title of Authorized Individual (If Entity) Date: May 31, 2022 Amount Invested: $100,000 Contact Person: Kxxxx Xxxxxxx Address: [***] Telephone No.: Telecopy No.: [***] Email Address: Exhibit D List of Existing AVEO In-licenses Research and Commercialization License Agreement between Evogenix Pty Limited (now Xxxxx Therapeutics) and AVEO Pharmaceuticals, Inc., dated as of September 25, 2007. Exhibit E Form of Initial Release Exhibit E (Form of Initial Release) NEWS RELEASE DRAFT NOT FOR IMMEDIATE RELEASE Contacts: Xxxxxxx Xxxxxxxxxx, AVEO Pharmaceuticals, Inc. (000) 000-0000 Xxxxxx Xxxxx, Pure Communications (000) 000-0000 AVEO and Biogen Idec Form Strategic Alliance for Development and Commercialization of ErbB3-Targeted Antibodies Biogen Idec to Obtain to Commercialize ErbB3 Antibodies Outside of North America CAMBRIDGE, Mass., February xx, 2009 – AVEO Pharmaceuticals, Inc., a biopharmaceutical company leveraging breakthrough discoveries in cancer biology to discover, develop and commercialize targeted oncology therapies, today announced a definitive agreement with Biogen Idec, Inc. (NASDAQ:BIIB), for the development and commercialization of AVEO’s novel discovery-stage ErbB3-targeted antibodies (the “ErbB3 program”) for the potential treatment of cancer and other diseases. Under the terms of the agreement, AVEO will receive an up-front payment and is eligible to receive milestone payments based upon the achievement of specified development goals. Biogen Idec will have an option exercisable at proof of concept to development and commercialization rights to ErbB3 binding antibodies for territories outside of North America. AVEO retains all North American commercialization rights, and is responsible for leading global development of the ErbB3 program. Financial terms of the transaction were not disclosed. “We are very please to enter into this alliance with Biogen Idec,” stated Xxxx Xx-Xxxx, president and chief executive officer of AVEO. “This agreement for the development and commercialization of our discovery-stage ErbB3-targeted antibodies facilitates our strategy to develop a balanced portfolio of small molecule drugs and antibodies for the treatment of cancer. These alliances highlight AVEO’s ability to generate value from our antibody discovery programs and advance these candidates to the clinic, reinforcing the broad potential of our rapidly maturing proprietary antibody pipeline and the quality of our science. The terms of this alliance with Biogen Idec support our strategy to become a fully-integrated company offering first- and best-in-class cancer medicines through AVEO’s own North American-based commercial organization.” ErbB3 is a type 1 tyrosine kinase receptor of the EFGR family that is widely expressed in human carcinomas, with demonstrated overexpression – correlated with poor prognosis – in several different tumor types, including breast, ovarian, prostate, colorectal, pancreatic, gastric and head & neck cancers. In vivo studies conducted by AVEO demonstrated that elevated ErbB3 levels can potently drive breast tumor growth and may provide an escape mechanism to Herceptin® treatment. ErbB3 is also implicated in the development of resistance to EGFR tyrosine kinase inhibitors in non small cell lung cancer. AVEO has focused its ErbB3 antibody discovery efforts on identifying high affinity, high specificity antibodies that recognize ErbB3 on the cell surface and inhibit its activity. The market attractiveness of AVEO’s ErbB3 portfolio is bolstered by the success of other EFGR family inhibitors such as erlotinib, gefitinib and transtuzumab, which have unique patterns of resistance that may be addressed by an effective ErbB3 antibody. About AVEO AVEO is a late-stage biopharmaceutical company focused on the discovery and development of novel, targeted cancer therapeutics. AVEO’s proprietary, integrated cancer biology platform enables the company to pursue highly efficient drug development strategies in oncology that increase the probability of clinical success and provides a discovery engine for high-value targets. This approach has resulted in a balanced pipeline of novel cancer therapies focused on well-validated targets (VEGFR, EGFR) and promising novel targets (HGF, FGFR, ERBB3), as well as collaborations with Xxx Lilly, Merck, OSI Pharmaceuticals, Schering-Plough and Biogen Idec. The company’s lead product, AV-951, a potential best-in-class triple VEGF receptor inhibitor, is in a Phase 2 clinical trial in patients with metastatic renal cell cancer and is expected to enter Phase 3 development in 2009. Through a combination of internal drug discovery and selective in-licensing of targeted therapeutics, AVEO is building a diversified product pipeline and moving toward its vision of becoming a fully integrated pharmaceutical company. For more information, please visit the company’s website at xxx.xxxxxxxxxx.xxx.[***]

Appears in 1 contract

Samples: Convertible Note Purchase Agreement (Vitro Biopharma, Inc.)

Section Headings and References. The section headings are for the convenience of the parties and in no way alter, modify, amend, limit or restrict the contractual obligations of the parties. Any reference in this agreement to a particular section or subsection shall refer to a section or subsection of this Agreement, unless specified otherwise. * * * * Executed as of the date first written above. COMPANY: AVEO PHARMACEUTICALSGreenLight Biosciences, INC. Inc. By: /s/ Xxxxxx Xxxxx Name: Xxxx Xx-Xxxx Xxxxxx Xxxxx Title: President and Chief Executive Officer PURCHASERS: [Signature Pages Follow] Exhibit SIGNATURE PAGE TO GREENLIGHT CONVERTIBLE INSTRUMENT INVESTMENT AGREEMENT EXHIBIT A List of Purchasers and Shares Purchased Initial Purchasers Name and Address of Initial Purchasers No. of Shares of Series E Preferred Aggregate Purchase Price Biogen Idec Inc. 00 Xxxxxxxxx Xxxxxx Xxxxxxxxx, XX 00000 Attn: General Counsel With a copy to: Xxxxxxx XxXxxxxxx LLP Xxx Xxxxxxx Xxxxxx Xxxxxx, XX 00000 Attn: Xxxxxxx X. Xxxxxxx 7,500,000 $ 30,000,000.00 Total: 7,500,000 $ 30,000,000.00 Additional Purchasers Name and Address of Additional Purchasers No. of Shares of Series E Preferred Aggregate Purchase Price EXHIBIT B-1 Convertible Investment Financing Security Signature Page By execution and delivery of this signature page, the undersigned hereby agrees to become that he, she, or it is a Purchaser, as defined in that certain Series E Convertible Preferred Stock Investment Security Purchase Agreement (the “Purchase Agreement”) by and among AVEO PharmaceuticalsGreenLight Biosciences, Inc., a Delaware corporation (the “Company”), and the Purchasers (as defined in the Purchase Agreement), dated as of March , 2009[ ], acknowledges having read the representations in the Purchase Agreement contained in the section entitled “Representations Representations, Warranties and Covenants of the Purchaserseach Purchaser,” and hereby represents that the statements contained therein are true complete and correct accurate with respect to the undersigned as a Purchaser. The undersigned further hereby agrees to be bound by the terms and conditions of (i) the Purchase Agreement as a “Purchaser” thereunderthat he, (ii) the Stockholders’ Voting Agreement (as defined in the Purchase Agreement) as a “Purchaser” thereunder, (iii) the Investor Rights Agreement (as defined in the Purchase Agreement) as a “Purchaser” thereunder and (iv) the Co-Sale Agreement (as defined in the Purchase Agreement) as a “Purchaser” thereunder, and authorizes this signature page to be attached to the Purchase Agreement, the Stockholders’ Voting Agreement, the Investor Rights Agreement and the Co-Sale Agreement, she or counterparts thereof. Executed, in counterpart, as of the date set forth below. PURCHASER: By: Title: Date: Contact Person: Telephone No.: Telecopy No.: Email Address: EXHIBIT B-2 Existing Investor Financing Signature Page By execution and delivery of this signature page, the undersigned hereby agrees to become a Purchaser, as defined in that certain Series E Convertible Preferred Stock Purchase Agreement (the “Purchase Agreement”) by and among AVEO Pharmaceuticals, Inc., a Delaware corporation (the “Company”), and the Purchasers (as defined in the Purchase Agreement), dated as of March , 2009, acknowledges having read the representations in the Purchase Agreement section entitled “Representations of the Purchasers,” and hereby represents that the statements contained therein are true and correct with respect to the undersigned as a Purchaser. The undersigned further hereby agrees to be it is bound by the terms and conditions of the Purchase Agreement as a “Purchaser” thereunder, thereunder and authorizes this signature page to be attached to the Purchase Agreement, or counterparts thereofAgreement as a counterpart signature thereto. Executed, in counterpart, as of the date set forth below. PURCHASER: BIOGEN IDEC INC. By: Title: For and on behalf of MVIL, LLC Print Name of Purchaser (Individual or Entity) /s/ Xxxxx Xxx Xxxx Xxxxx/Xxxx See Xxx Signature of Purchaser or Authorized Individual Xxxxx Xxx Xxxx Xxxxx/Xxxx See Xxx Print Name of Authorized Individual (If Entity) Authorized Signatures Title of Authorized Individual (If Entity) Date: December 21, 2021 Amount Invested: $ 5,000,000.00 Contact Person: Telephone No.: Telecopy No.: Email Xxxxx Xxxxx Address: Exhibit D List of Existing AVEO In-licenses Research and Commercialization License Agreement between Evogenix Pty Limited (now Xxxxx Therapeutics) and AVEO Pharmaceuticals, Inc., dated as of September 25, 2007. Exhibit E Form of Initial Release Exhibit E (Form of Initial Release) NEWS RELEASE DRAFT NOT FOR IMMEDIATE RELEASE Contacts: Xxxxxxx Xxxxxxxxxx, AVEO Pharmaceuticals, Inc. (000) 000-0000 Xxxxxx x/x 00xx Xxxxx, Pure Communications (000) 000-0000 AVEO and Biogen Idec Form Strategic Alliance for Development and Commercialization of ErbB3-Targeted Antibodies Biogen Idec to Obtain to Commercialize ErbB3 Antibodies Outside of North America CAMBRIDGE, Mass., February xx, 2009 – AVEO Pharmaceuticals, Inc., a biopharmaceutical company leveraging breakthrough discoveries in cancer biology to discover, develop and commercialize targeted oncology therapies, today announced a definitive agreement with Biogen Idec, Inc. (NASDAQ:BIIB), for the development and commercialization of AVEO’s novel discovery-stage ErbB3-targeted antibodies (the “ErbB3 program”) for the potential treatment of cancer and other diseases. Under the terms of the agreement, AVEO will receive an up-front payment and is eligible to receive milestone payments based upon the achievement of specified development goals. Biogen Idec will have an option exercisable at proof of concept to development and commercialization rights to ErbB3 binding antibodies for territories outside of North America. AVEO retains all North American commercialization rights, and is responsible for leading global development of the ErbB3 program. Financial terms of the transaction were not disclosed. “We are very please to enter into this alliance with Biogen Idec,” stated Xxxx Xx-Xxxx, president and chief executive officer of AVEO. “This agreement for the development and commercialization of our discovery-stage ErbB3-targeted antibodies facilitates our strategy to develop a balanced portfolio of small molecule drugs and antibodies for the treatment of cancer. These alliances highlight AVEO’s ability to generate value from our antibody discovery programs and advance these candidates to the clinic, reinforcing the broad potential of our rapidly maturing proprietary antibody pipeline and the quality of our science. The terms of this alliance with Biogen Idec support our strategy to become a fully-integrated company offering first- and best-in-class cancer medicines through AVEO’s own North American-based commercial organization.” ErbB3 is a type 1 tyrosine kinase receptor of the EFGR family that is widely expressed in human carcinomas, with demonstrated overexpression – correlated with poor prognosis – in several different tumor types, including breast, ovarian, prostate, colorectal, pancreatic, gastric and head & neck cancers. In vivo studies conducted by AVEO demonstrated that elevated ErbB3 levels can potently drive breast tumor growth and may provide an escape mechanism to Herceptin® treatment. ErbB3 is also implicated in the development of resistance to EGFR tyrosine kinase inhibitors in non small cell lung cancer. AVEO has focused its ErbB3 antibody discovery efforts on identifying high affinity, high specificity antibodies that recognize ErbB3 on the cell surface and inhibit its activity. The market attractiveness of AVEO’s ErbB3 portfolio is bolstered by the success of other EFGR family inhibitors such as erlotinib, gefitinib and transtuzumab, which have unique patterns of resistance that may be addressed by an effective ErbB3 antibody. About AVEO AVEO is a late-stage biopharmaceutical company focused on the discovery and development of novel, targeted cancer therapeutics. AVEO’s proprietary, integrated cancer biology platform enables the company to pursue highly efficient drug development strategies in oncology that increase the probability of clinical success and provides a discovery engine for high-value targets. This approach has resulted in a balanced pipeline of novel cancer therapies focused on well-validated targets (VEGFR, EGFR) and promising novel targets (HGF, FGFR, ERBB3), as well as collaborations with Xxx Lilly, Merck, OSI Pharmaceuticals, Schering-Plough and Biogen Idec. The company’s lead product, AV-951, a potential best-in-class triple VEGF receptor inhibitor, is in a Phase 2 clinical trial in patients with metastatic renal cell cancer and is expected to enter Phase 3 development in 2009. Through a combination of internal drug discovery and selective in-licensing of targeted therapeutics, AVEO is building a diversified product pipeline and moving toward its vision of becoming a fully integrated pharmaceutical company. For more information, please visit the company’s website at xxx.xxxxxxxxxx.xxx.Xxxx Xxxxxx

Appears in 1 contract

Samples: Convertible Investment Instrument Agreement (Morningside Venture Investments LTD)

Section Headings and References. The section headings are for the convenience of the parties and in no way alter, modify, amend, limit or restrict the contractual obligations of the parties. Any reference in this agreement to a particular section or subsection shall refer to a section or subsection of this Agreement, unless specified otherwise. * * * * Executed as of the date first written above. COMPANY: AVEO PHARMACEUTICALSVITRO BIOPHARMA, INC. By: /s/ Nxxxxx Xxxx Name: Xxxx Xx-Nxxxxx Xxxx Title: President and Chief Executive Financial Officer PURCHASERS: [Signature Pages Follow] Exhibit EXHIBIT A List of Purchasers and Shares Purchased Initial Purchasers Name and Address of Initial Purchasers No. of Shares of Series E Preferred Aggregate Convertible Note Purchase Price Biogen Idec Inc. 00 Xxxxxxxxx Xxxxxx Xxxxxxxxx, XX 00000 Attn: General Counsel With a copy to: Xxxxxxx XxXxxxxxx LLP Xxx Xxxxxxx Xxxxxx Xxxxxx, XX 00000 Attn: Xxxxxxx X. Xxxxxxx 7,500,000 $ 30,000,000.00 Total: 7,500,000 $ 30,000,000.00 Additional Purchasers Name and Address of Additional Purchasers No. of Shares of Series E Preferred Aggregate Purchase Price EXHIBIT B-1 Investment Financing Agreement Signature Page By execution and delivery of this signature page, the undersigned hereby agrees to become that he, she, or it is a Purchaser, as defined in that certain Series E Convertible Preferred Stock Note Purchase Agreement (the “Purchase Agreement”) by and among AVEO PharmaceuticalsVitro Biopharma, Inc., a Delaware Nevada corporation (the “Company”), and the Purchasers (as defined in the Purchase Agreement), dated as of March May 31, 20092022, acknowledges having read the representations in the Purchase Agreement contained in the section entitled “Representations Representations, Warranties, and Covenants of the Purchaserseach Purchaser,” and hereby represents that the statements contained therein are true complete and correct accurate with respect to the undersigned as a Purchaser. The undersigned further hereby agrees to be bound by the terms and conditions of (i) the Purchase Agreement as a “Purchaser” thereunderthat he, (ii) the Stockholders’ Voting Agreement (as defined in the Purchase Agreement) as a “Purchaser” thereunder, (iii) the Investor Rights Agreement (as defined in the Purchase Agreement) as a “Purchaser” thereunder and (iv) the Co-Sale Agreement (as defined in the Purchase Agreement) as a “Purchaser” thereunder, and authorizes this signature page to be attached to the Purchase Agreement, the Stockholders’ Voting Agreement, the Investor Rights Agreement and the Co-Sale Agreement, she or counterparts thereof. Executed, in counterpart, as of the date set forth below. PURCHASER: By: Title: Date: Contact Person: Telephone No.: Telecopy No.: Email Address: EXHIBIT B-2 Existing Investor Financing Signature Page By execution and delivery of this signature page, the undersigned hereby agrees to become a Purchaser, as defined in that certain Series E Convertible Preferred Stock Purchase Agreement (the “Purchase Agreement”) by and among AVEO Pharmaceuticals, Inc., a Delaware corporation (the “Company”), and the Purchasers (as defined in the Purchase Agreement), dated as of March , 2009, acknowledges having read the representations in the Purchase Agreement section entitled “Representations of the Purchasers,” and hereby represents that the statements contained therein are true and correct with respect to the undersigned as a Purchaser. The undersigned further hereby agrees to be it is bound by the terms and conditions of the Purchase Agreement as a “Purchaser” thereunder, thereunder and authorizes this signature page to be attached to the Purchase Agreement, or counterparts thereofAgreement as a counterpart signature thereto. Executed, in counterpart, as of the date set forth below. PURCHASER: BIOGEN IDEC INC. By: Title: Bxxxx X. Xxxxxxxx Print Name of Purchaser (Individual or Entity) /s/ Bxxxx Xxxxxxxx Signature of Purchaser or Authorized Individual Print Name of Authorized Individual (If Entity) Title of Authorized Individual (If Entity) Date: May 31, 2022 Amount Invested: $100,000 Contact Person: Bxxxx X. Xxxxxxxx Address: [***] Telephone No.: Telecopy No.: [***] Email Address: Exhibit D List of Existing AVEO In-licenses Research and Commercialization License Agreement between Evogenix Pty Limited (now Xxxxx Therapeutics) and AVEO Pharmaceuticals, Inc., dated as of September 25, 2007. Exhibit E Form of Initial Release Exhibit E (Form of Initial Release) NEWS RELEASE DRAFT NOT FOR IMMEDIATE RELEASE Contacts: Xxxxxxx Xxxxxxxxxx, AVEO Pharmaceuticals, Inc. (000) 000-0000 Xxxxxx Xxxxx, Pure Communications (000) 000-0000 AVEO and Biogen Idec Form Strategic Alliance for Development and Commercialization of ErbB3-Targeted Antibodies Biogen Idec to Obtain to Commercialize ErbB3 Antibodies Outside of North America CAMBRIDGE, Mass., February xx, 2009 – AVEO Pharmaceuticals, Inc., a biopharmaceutical company leveraging breakthrough discoveries in cancer biology to discover, develop and commercialize targeted oncology therapies, today announced a definitive agreement with Biogen Idec, Inc. (NASDAQ:BIIB), for the development and commercialization of AVEO’s novel discovery-stage ErbB3-targeted antibodies (the “ErbB3 program”) for the potential treatment of cancer and other diseases. Under the terms of the agreement, AVEO will receive an up-front payment and is eligible to receive milestone payments based upon the achievement of specified development goals. Biogen Idec will have an option exercisable at proof of concept to development and commercialization rights to ErbB3 binding antibodies for territories outside of North America. AVEO retains all North American commercialization rights, and is responsible for leading global development of the ErbB3 program. Financial terms of the transaction were not disclosed. “We are very please to enter into this alliance with Biogen Idec,” stated Xxxx Xx-Xxxx, president and chief executive officer of AVEO. “This agreement for the development and commercialization of our discovery-stage ErbB3-targeted antibodies facilitates our strategy to develop a balanced portfolio of small molecule drugs and antibodies for the treatment of cancer. These alliances highlight AVEO’s ability to generate value from our antibody discovery programs and advance these candidates to the clinic, reinforcing the broad potential of our rapidly maturing proprietary antibody pipeline and the quality of our science. The terms of this alliance with Biogen Idec support our strategy to become a fully-integrated company offering first- and best-in-class cancer medicines through AVEO’s own North American-based commercial organization.” ErbB3 is a type 1 tyrosine kinase receptor of the EFGR family that is widely expressed in human carcinomas, with demonstrated overexpression – correlated with poor prognosis – in several different tumor types, including breast, ovarian, prostate, colorectal, pancreatic, gastric and head & neck cancers. In vivo studies conducted by AVEO demonstrated that elevated ErbB3 levels can potently drive breast tumor growth and may provide an escape mechanism to Herceptin® treatment. ErbB3 is also implicated in the development of resistance to EGFR tyrosine kinase inhibitors in non small cell lung cancer. AVEO has focused its ErbB3 antibody discovery efforts on identifying high affinity, high specificity antibodies that recognize ErbB3 on the cell surface and inhibit its activity. The market attractiveness of AVEO’s ErbB3 portfolio is bolstered by the success of other EFGR family inhibitors such as erlotinib, gefitinib and transtuzumab, which have unique patterns of resistance that may be addressed by an effective ErbB3 antibody. About AVEO AVEO is a late-stage biopharmaceutical company focused on the discovery and development of novel, targeted cancer therapeutics. AVEO’s proprietary, integrated cancer biology platform enables the company to pursue highly efficient drug development strategies in oncology that increase the probability of clinical success and provides a discovery engine for high-value targets. This approach has resulted in a balanced pipeline of novel cancer therapies focused on well-validated targets (VEGFR, EGFR) and promising novel targets (HGF, FGFR, ERBB3), as well as collaborations with Xxx Lilly, Merck, OSI Pharmaceuticals, Schering-Plough and Biogen Idec. The company’s lead product, AV-951, a potential best-in-class triple VEGF receptor inhibitor, is in a Phase 2 clinical trial in patients with metastatic renal cell cancer and is expected to enter Phase 3 development in 2009. Through a combination of internal drug discovery and selective in-licensing of targeted therapeutics, AVEO is building a diversified product pipeline and moving toward its vision of becoming a fully integrated pharmaceutical company. For more information, please visit the company’s website at xxx.xxxxxxxxxx.xxx.[***]

Appears in 1 contract

Samples: Convertible Note Purchase Agreement (Vitro Biopharma, Inc.)

Section Headings and References. The section headings or titles of the several Sections hereof, and any table of contents appended to copies hereof, shall be solely for convenience of reference and shall not affect the meaning, construction or effect of this Appendix A-18. All references herein to “Sections” and other subdivisions are to the corresponding Sections or subdivisions of the Master Agreement and of this Appendix A-19; and the words “herein,” “hereof,” “hereunder” and other words of similar import refer to the Master Agreement, as supplemented and amended, as a whole and not to any particular Article, Section or subdivision hereof. EXHIBIT A REQUISITION OF THE CITY (2014A COSTS OF ISSUANCE FUND 2014B COSTS OF ISSUANCE FUND 2014C COSTS OF ISSUANCE FUND) City of San Xxxx Airport Revenue Refunding Bonds, Series 2014A, Series 2014B and Series 2014C (Issue Date: October , 2014) Request No.: COI- (to be sequentially numbered) The undersigned authorized representatives of the City of San José, California (the “City”), hereby request The Bank of New York Mellon Trust Company, N.A., as trustee (the “Trustee”) under that certain Master Trust Agreement, dated as of July 1, 2001, between the City and the Trustee, as amended and supplemented by the Tenth Supplemental Trust Agreement dated as of October 1, 2014, between the City and the Trustee (collectively, the “Trust Agreement”), to pay to the Persons listed on Schedule I attached hereto, the amounts shown for the convenience purposes indicated from the 2014A Costs of Issuance Fund, the 2014B Costs of Issuance and the 2014C Costs of Issuance Fund held under the Trust Agreement. The City hereby certifies that obligations in the amounts stated in this Requisition have been incurred by the City and are presently due and payable, and that the percentage of each item set forth on Schedule I hereto is a proper charge against the 2014A Costs of Issuance Fund, the 2014B Costs of Issuance Fund and the 2014C Costs of Issuance Fund, and has not been previously paid therefrom. Dated: Total Amount: $ CITY OF SAN JOSE, CALIFORNIA By: Authorized Airport Representative By: Authorized Finance Representative SCHEDULE I (2014A COSTS OF ISSUANCE FUND REQUISITION 2014B COSTS OF ISSUANCE FUND REQUISITION 2014C COSTS OF ISSUANCE FUND REQUISITION) AMOUNT PAYABLE FROM 2014A COSTS OF ISSUANCE FUND AMOUNT PAYABLE FROM 2014B COSTS OF ISSUANCE FUND AMOUNT PAYABLE FROM 201C COSTS OF ISSUANCE FUND AMOUNT % ALLOCABLE AMOUNT ALLOCABLE % ALLOCABLE AMOUNT ALLOCABLE % ALLOCABLE AMOUNT ALLOCABLE OF TO 2014A TO 2014A TO 2014B TO 2014B TO 2014C TO 0000X XXXXX XXXXXXX XXXXXXX $ BONDS % BONDS $ BONDS % BONDS $ BONDS BONDS Exh A-2 $ No. XXXX XX XXX XXXX AIRPORT REVENUE REFUNDING BOND, SERIES 2014A (AMT) INTEREST RATE MATURITY DATE DATED AS OF CUSIP NUMBER % March 1, 20 , 2014 Registered Owner: Principal Sum: Dollars THE CITY OF SAN XXXX, a chartered city and municipal corporation organized and existing under the Constitution and laws of the parties and in no way alterState of California (herein called the “City”), modifyfor value received, amend, limit or restrict the contractual obligations hereby promises to pay (but only out of the parties. Any reference General Airport Revenues hereinafter referred to) to the registered Owner set forth above, or registered assigns, on the maturity date set forth above (subject to any right of prior redemption hereinafter provided for), the principal sum set forth above in this agreement lawful money of the United States of America, and to a particular section or subsection shall refer to a section or subsection pay interest thereon in like lawful money from the interest payment date next preceding the date of authentication of this AgreementBond (unless this Bond is authenticated as of a day during the period from the 16th day of the month next preceding any interest payment date to and including such interest payment date, unless specified otherwisein which event it shall bear interest from such interest payment date), until payment of such principal sum, at the interest rate per annum stated above, payable on March 1, 2015, and on March 1 and September 1 in each year. Executed The principal (or redemption price) hereof is payable to the registered Owner hereof upon the surrender hereof at the corporate trust office of The Bank of New York Mellon Trust Company, N.A., as trustee of the City (herein called the “Trustee”), in San Francisco, California or such other place as the Trustee shall determine. The interest hereon is payable to the person whose name appears on the bond registration books of the Trustee as the registered Owner hereof as of the close of business on the 15th day of the month immediately preceding an interest payment date, whether or not such day is a business day, such interest to be paid by check mailed by first class mail on such payment date first to such registered Owner at the Owner’s address as it appears on such registration books (except that in the case of a registered Owner of one million dollars ($1,000,000) or more in principal amount, such payment may, at such registered Owner’s written aboverequest, be made by wire transfer of immediately available funds to the bank account number for such Owner on file with the Trustee prior to the 15th day of the month preceding such interest payment date). COMPANY: AVEO PHARMACEUTICALSThe Bonds shall be issued as Book-Entry Bonds, INCregistered in the name of Cede & Co. or its registered assigns, and payment shall be made by wire transfer of immediately available funds. By: Name: Xxxx XxInterest on this Bond shall be calculated on the basis of a 360-Xxxx Title: President and Chief Executive Officer PURCHASERS: [Signature Pages Follow] Exhibit A List day year comprising twelve 30-day months. This Bond is one of Purchasers and Shares Purchased Initial Purchasers Name and Address a duly authorized issue of Initial Purchasers No. revenue bonds of Shares of Series E Preferred Aggregate Purchase Price Biogen Idec Inc. 00 Xxxxxxxxx Xxxxxx Xxxxxxxxx, XX 00000 Attn: General Counsel With a copy to: Xxxxxxx XxXxxxxxx LLP Xxx Xxxxxxx Xxxxxx Xxxxxx, XX 00000 Attn: Xxxxxxx X. Xxxxxxx 7,500,000 $ 30,000,000.00 Total: 7,500,000 $ 30,000,000.00 Additional Purchasers Name and Address of Additional Purchasers No. of Shares of Series E Preferred Aggregate Purchase Price EXHIBIT B-1 Investment Financing Signature Page By execution and delivery of this signature page, the undersigned hereby agrees to become a Purchaser, City designated as defined in that certain Series E Convertible Preferred Stock Purchase Agreement (the “Purchase Agreement”) by and among AVEO PharmaceuticalsCity of San Xxxx Airport Revenue Refunding Bonds, Inc., a Delaware corporation Series 2014A (AMT)” (herein called the “CompanyBonds”), in the aggregate principal amount of $ , and consists or may consist of Bonds of varying denominations, dates, maturities, interest rates and other provisions, all under and pursuant to the provisions of Sections 200 and 1220 of the City Charter and the City of San Xxxx Airport Revenue Bond Law, Chapter 4.38 of the San Xxxx Municipal Code (herein collectively called the “Law”), and pursuant to the Purchasers Master Trust Agreement, dated as of July 1, 2001 (the “Master Trust Agreement”) between the City and the Trustee, as amended and supplemented by a Tenth Supplemental Trust Agreement, dated as of October 1, 2014, between the City and the Trustee (the “Tenth Supplemental Trust Agreement” and, together with the Master Trust Agreement, the “Master Trust Agreement”) authorizing the issuance of the Bonds. All capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Master Trust Agreement. Reference is hereby made to the Master Trust Agreement and to the Law for a description of the terms on which the Bonds are issued, the provisions with regard to the nature and extent of the General Airport Revenues, as that term is defined in the Master Trust Agreement, the rights thereunder of the Owners of the Bonds, the rights, duties and immunities of the Trustee, and the rights and obligations of the City thereunder. All the terms of the Master Trust Agreement and the Law are hereby incorporated herein and constitute a contract between the City and the Owners of the Bonds. By acceptance of this Bond, the Owner of this Bond consents and agrees to all the provisions the Bonds, the Master Trust Agreement and the Law. Each Owner hereof shall have recourse to all of the provisions of the Law and the Master Trust Agreement and shall be bound by all of the terms and conditions thereof. The Bonds are issued to refinance a portion of the costs of designing and constructing certain improvements to the Enterprise (as defined in the Purchase Master Trust Agreement), dated as of March , 2009, acknowledges having read the representations in the Purchase Agreement section entitled “Representations . The Bonds are special obligations of the Purchasers,” City and hereby represents that the statements contained therein are true and correct with respect payable, as to the undersigned as a Purchaser. The undersigned further hereby agrees to be bound by principal thereof, interest thereon and any premiums upon the terms and conditions redemption of any thereof, from General Airport Revenues (i) the Purchase Agreement as a “Purchaser” thereunder, (ii) the Stockholders’ Voting Agreement (as which are more particularly defined in the Purchase Master Trust Agreement) as ). All of the Bonds are equally secured by a “Purchaser” thereunder, (iii) the Investor Rights Agreement (as defined in the Purchase Agreement) as a “Purchaser” thereunder and (iv) the Co-Sale Agreement (as defined in the Purchase Agreement) as a “Purchaser” thereunderpledge of, and authorizes this signature page to be attached to the Purchase Agreementcharge and lien upon, the Stockholders’ Voting Agreement, the Investor Rights Agreement and the Co-Sale Agreement, or counterparts thereof. Executed, in counterpart, as all of the date set forth below. PURCHASER: By: Title: Date: Contact Person: Telephone No.: Telecopy No.: Email Address: EXHIBIT B-2 Existing Investor Financing Signature Page By execution and delivery of this signature page, the undersigned hereby agrees to become a Purchaser, as defined in that certain Series E Convertible Preferred Stock Purchase Agreement (the “Purchase Agreement”) by and among AVEO Pharmaceuticals, Inc., a Delaware corporation (the “Company”)General Airport Revenues, and the Purchasers (General Airport Revenues constitute a trust fund for the security and payment of the interest on and principal of the Bonds; but nevertheless out of General Airport Revenues certain amounts may be applied for other purposes as defined provided in the Purchase Master Trust Agreement). Additional series of Bonds payable from the General Airport Revenues have been issued and may be issued if the future on a parity with the Bonds of this series, dated as of March , 2009, acknowledges having read but only subject to the representations conditions and limitations contained in the Purchase Agreement section entitled “Representations Master Trust Agreement. THE PRINCIPAL OF AND INTEREST ON THIS BOND ARE PAYABLE SOLELY FROM GENERAL AIRPORT REVENUES, AND THE CITY IS NOT OBLIGATED TO PAY THEM EXCEPT FROM GENERAL AIRPORT REVENUES. THE GENERAL FUND OF THE CITY IS NOT LIABLE, AND THE CREDIT OR TAXING POWER OF THE CITY IS NOT PLEDGED, FOR THE PAYMENT OF THE BONDS OR THEIR INTEREST. THE BONDS ARE NOT SECURED BY A LEGAL OR EQUITABLE PLEDGE OF, OR CHARGE, LIEN OR ENCUMBRANCE UPON, ANY OF THE PROPERTY OF THE CITY OR ANY OF ITS INCOME OR RECEIPTS, EXCEPT GENERAL AIRPORT REVENUES. THE OWNER HEREOF HAS NO RIGHT TO COMPEL THE EXERCISE OF ANY TAXING POWER OF THE CITY. The City will, at all times while any of the Purchasers,” Bonds remain outstanding, manage its operations and hereby represents establish, fix, prescribe and collect rentals, rates, fees and charges in connection with the services and facilities furnished by the Enterprise in each Fiscal Year so that the statements contained therein are true and correct with respect to the undersigned as a Purchaser. The undersigned further hereby agrees to be bound by the terms and conditions of the Purchase Agreement as a “Purchaser” thereunder, and authorizes this signature page to be attached to the Purchase Agreement, or counterparts thereof. Executed, in counterpart, as of the date set forth below. PURCHASER: BIOGEN IDEC INC. By: Title: Date: Contact Person: Telephone No.: Telecopy No.: Email Address: Exhibit D List of Existing AVEO In-licenses Research and Commercialization License Agreement between Evogenix Pty Limited (now Xxxxx Therapeutics) and AVEO Pharmaceuticals, Inc., dated as of September 25, 2007. Exhibit E Form of Initial Release Exhibit E (Form of Initial Release) NEWS RELEASE DRAFT NOT FOR IMMEDIATE RELEASE Contacts: Xxxxxxx Xxxxxxxxxx, AVEO Pharmaceuticals, Inc. (000) 000-0000 Xxxxxx Xxxxx, Pure Communications (000) 000-0000 AVEO and Biogen Idec Form Strategic Alliance for Development and Commercialization of ErbB3-Targeted Antibodies Biogen Idec to Obtain to Commercialize ErbB3 Antibodies Outside of North America CAMBRIDGE, Mass., February xx, 2009 – AVEO Pharmaceuticals, Inc., a biopharmaceutical company leveraging breakthrough discoveries in cancer biology to discover, develop and commercialize targeted oncology therapies, today announced a definitive agreement with Biogen Idec, Inc. (NASDAQ:BIIB), for the development and commercialization of AVEO’s novel discovery-stage ErbB3-targeted antibodies (the “ErbB3 program”) for the potential treatment of cancer and other diseases. Under the terms of the agreement, AVEO will receive an up-front payment and is eligible to receive milestone payments based upon the achievement of specified development goals. Biogen Idec will have an option exercisable at proof of concept to development and commercialization rights to ErbB3 binding antibodies for territories outside of North America. AVEO retains all North American commercialization rights, and is responsible for leading global development of the ErbB3 program. Financial terms of the transaction were not disclosed. “We are very please to enter into this alliance with Biogen Idec,” stated Xxxx Xx-Xxxx, president and chief executive officer of AVEO. “This agreement for the development and commercialization of our discovery-stage ErbB3-targeted antibodies facilitates our strategy to develop a balanced portfolio of small molecule drugs and antibodies for the treatment of cancer. These alliances highlight AVEO’s ability to generate value from our antibody discovery programs and advance these candidates to the clinic, reinforcing the broad potential of our rapidly maturing proprietary antibody pipeline and the quality of our science. The terms of this alliance with Biogen Idec support our strategy to become a fully-integrated company offering first- and best-in-class cancer medicines through AVEO’s own North American-based commercial organization.” ErbB3 is a type 1 tyrosine kinase receptor of the EFGR family that is widely expressed in human carcinomas, with demonstrated overexpression – correlated with poor prognosis – in several different tumor types, including breast, ovarian, prostate, colorectal, pancreatic, gastric and head & neck cancers. In vivo studies conducted by AVEO demonstrated that elevated ErbB3 levels can potently drive breast tumor growth and may provide an escape mechanism to Herceptin® treatment. ErbB3 is also implicated in the development of resistance to EGFR tyrosine kinase inhibitors in non small cell lung cancer. AVEO has focused its ErbB3 antibody discovery efforts on identifying high affinity, high specificity antibodies that recognize ErbB3 on the cell surface and inhibit its activity. The market attractiveness of AVEO’s ErbB3 portfolio is bolstered by the success of other EFGR family inhibitors such as erlotinib, gefitinib and transtuzumab, which have unique patterns of resistance that may be addressed by an effective ErbB3 antibody. About AVEO AVEO is a late-stage biopharmaceutical company focused on the discovery and development of novel, targeted cancer therapeutics. AVEO’s proprietary, integrated cancer biology platform enables the company to pursue highly efficient drug development strategies in oncology that increase the probability of clinical success and provides a discovery engine for high-value targets. This approach has resulted in a balanced pipeline of novel cancer therapies focused on well-validated targets (VEGFR, EGFR) and promising novel targets (HGF, FGFR, ERBB3), as well as collaborations with Xxx Lilly, Merck, OSI Pharmaceuticals, Schering-Plough and Biogen Idec. The company’s lead product, AV-951, a potential best-in-class triple VEGF receptor inhibitor, is in a Phase 2 clinical trial in patients with metastatic renal cell cancer and is expected to enter Phase 3 development in 2009. Through a combination of internal drug discovery and selective in-licensing of targeted therapeutics, AVEO is building a diversified product pipeline and moving toward its vision of becoming a fully integrated pharmaceutical company. For more information, please visit the company’s website at xxx.xxxxxxxxxx.xxx.sum of

Appears in 1 contract

Samples: Tenth Supplemental Trust Agreement

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