PHASEBIO PHARMACEUTICALS, INC., Issuer AND [TRUSTEE], Trustee INDENTURE Dated as of [●], 20__ Debt SecuritiesIndenture • December 27th, 2019 • PhaseBio Pharmaceuticals Inc • Pharmaceutical preparations • New York
Contract Type FiledDecember 27th, 2019 Company Industry JurisdictionINDENTURE, dated as of [●], 20__, among PHASEBIO PHARMACEUTICALS, INC., a Delaware corporation (the “Company”), and [TRUSTEE], as trustee (the “Trustee”):
PHASEBIO PHARMACEUTICALS, INC. INDEMNIFICATION AGREEMENTIndemnification Agreement • October 5th, 2018 • PhaseBio Pharmaceuticals Inc • Pharmaceutical preparations • Delaware
Contract Type FiledOctober 5th, 2018 Company Industry JurisdictionThis INDEMNIFICATION AGREEMENT (this “Agreement”) is dated as of , 20 and is between PHASEBIO PHARMACEUTICALS, INC., a Delaware corporation (the “Company”), and (“Indemnitee”).
PHASEBIO PHARMACEUTICALS, INC. AND , AS WARRANT AGENT FORM OF PREFERRED STOCK WARRANT AGREEMENT DATED AS OFPreferred Stock Warrant Agreement • December 27th, 2019 • PhaseBio Pharmaceuticals Inc • Pharmaceutical preparations • New York
Contract Type FiledDecember 27th, 2019 Company Industry JurisdictionTHIS PREFERRED STOCK WARRANT AGREEMENT (this “Agreement”), dated as of [●], between PHASEBIO PHARMACEUTICALS, INC., a Delaware corporation (the “Company”), and [●], a [corporation] [national banking association] organized and existing under the laws of [●] and having a corporate trust office in [●], as warrant agent (the “Warrant Agent”).
PHASEBIO PHARMACEUTICALS, INC. AND , AS WARRANT AGENT FORM OF COMMON STOCK WARRANT AGREEMENT DATED AS OFCommon Stock Warrant Agreement • December 27th, 2019 • PhaseBio Pharmaceuticals Inc • Pharmaceutical preparations • New York
Contract Type FiledDecember 27th, 2019 Company Industry JurisdictionTHIS COMMON STOCK WARRANT AGREEMENT (this “Agreement”), dated as of [●], between PHASEBIO PHARMACEUTICALS, INC., a Delaware corporation (the “Company”), and [●], a [corporation] [national banking association] organized and existing under the laws of [●] and having a corporate trust office in [●], as warrant agent (the “Warrant Agent”).
PHASEBIO PHARMACEUTICALS, INC. AND , AS WARRANT AGENT FORM OF DEBT SECURITIES WARRANT AGREEMENT DATED AS OFWarrant Agreement • December 27th, 2019 • PhaseBio Pharmaceuticals Inc • Pharmaceutical preparations • New York
Contract Type FiledDecember 27th, 2019 Company Industry JurisdictionTHIS DEBT SECURITIES WARRANT AGREEMENT (this “Agreement”), dated as of [●], between PHASEBIO PHARMACEUTICALS, INC., a Delaware corporation (the “Company”), and [●], a [corporation] [national banking association] organized and existing under the laws of [●] and having a corporate trust office in [●], as warrant agent (the “Warrant Agent”).
ContractWarrant Agreement • September 21st, 2018 • PhaseBio Pharmaceuticals Inc • Pharmaceutical preparations • California
Contract Type FiledSeptember 21st, 2018 Company Industry JurisdictionTHIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR THE SECURITIES LAWS OF ANY STATE AND, EXCEPT AS SET FORTH IN SECTIONS 5.3 AND 5.4 BELOW, MAY NOT BE OFFERED, SOLD, PLEDGED OR OTHERWISE TRANSFERRED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND LAWS OR IN FORM AND SUBSTANCE SATISFACTORY TO THE COMPANY, SUCH OFFER, SALE, PLEDGE OR OTHER TRANSFER IS EXEMPT FROM SUCH REGISTRATION.
PhaseBio Pharmaceuticals, Inc. 16,000,000 Shares Common Stock ($0.001 par value) Underwriting AgreementUnderwriting Agreement • March 19th, 2021 • PhaseBio Pharmaceuticals Inc • Pharmaceutical preparations • New York
Contract Type FiledMarch 19th, 2021 Company Industry Jurisdiction
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • September 21st, 2018 • PhaseBio Pharmaceuticals Inc • Pharmaceutical preparations • Delaware
Contract Type FiledSeptember 21st, 2018 Company Industry JurisdictionTHIS LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of October 18, 2017 (the “Effective Date”), between SILICON VALLEY BANK, a California corporation (“Bank”), and PHASEBIO PHARMACEUTICALS, INC., a Delaware corporation (“Borrower”), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. The parties agree as follows:
PHASEBIO PHARMACEUTICALS, INC. $55,000,000 Shares Common Stock ($0.001 par value) Equity Distribution AgreementEquity Distribution Agreement • November 10th, 2021 • PhaseBio Pharmaceuticals Inc • Pharmaceutical preparations • New York
Contract Type FiledNovember 10th, 2021 Company Industry JurisdictionPhaseBio Pharmaceuticals, Inc., a corporation organized under the laws of Delaware (the “Company”), confirms its agreement (this “Agreement”) with William Blair & Company, L.L.C. (the “Manager”) as follows:
PhaseBio Pharmaceuticals, Inc. [ ] Shares Common Stock ($0.001 par value) Underwriting AgreementUnderwriting Agreement • April 9th, 2019 • PhaseBio Pharmaceuticals Inc • Pharmaceutical preparations • New York
Contract Type FiledApril 9th, 2019 Company Industry JurisdictionPhaseBio Pharmaceuticals, Inc., a corporation organized under the laws of Delaware (the “Issuer”), proposes to sell to the several underwriters named in Schedule I hereto (the “Underwriters”), for whom Citigroup Global Markets Inc., Cowen and Company, LLC and Stifel, Nicolaus & Company, Incorporated (the “Representatives”) are acting as representatives, [ ] shares of common stock, $0.001 par value per share (“Common Stock”) of the Issuer (said shares to be issued and sold by the Issuer being hereinafter called the “Underwritten Securities”). The Issuer also proposes to grant to the Underwriters an option to purchase up to [ ] additional shares of Common Stock to cover over-allotments, if any (the “Option Securities;” the Option Securities, together with the Underwritten Securities, hereinafter called the “Securities”). To the extent there are no additional Underwriters listed on Schedule I other than you, the term Representatives as used herein shall mean you, as Underwriters, and the
ContractWarrant Agreement • March 26th, 2019 • PhaseBio Pharmaceuticals Inc • Pharmaceutical preparations • California
Contract Type FiledMarch 26th, 2019 Company Industry JurisdictionTHIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR THE SECURITIES LAWS OF ANY STATE AND, EXCEPT AS SET FORTH IN SECTIONS 5.3 AND 5.4 BELOW, MAY NOT BE OFFERED, SOLD, PLEDGED OR OTHERWISE TRANSFERRED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND LAWS OR IN FORM AND SUBSTANCE SATISFACTORY TO THE COMPANY, SUCH OFFER, SALE, PLEDGE OR OTHER TRANSFER IS EXEMPT FROM SUCH REGISTRATION.
60,000,000 Shares Common Stock ($0.001 par value) Equity Distribution AgreementEquity Distribution Agreement • December 27th, 2019 • PhaseBio Pharmaceuticals Inc • Pharmaceutical preparations • New York
Contract Type FiledDecember 27th, 2019 Company Industry JurisdictionPhaseBio Pharmaceuticals, Inc., a corporation organized under the laws of Delaware (the “Company”), confirms its agreement (this “Agreement”) with each of Citigroup Global Markets Inc. and William Blair & Company, L.L.C. (each a “Manager”, and together, the “Managers”) as follows:
ContractWarrant Agreement • November 14th, 2019 • PhaseBio Pharmaceuticals Inc • Pharmaceutical preparations • California
Contract Type FiledNovember 14th, 2019 Company Industry JurisdictionTHIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR THE SECURITIES LAWS OF ANY STATE AND, EXCEPT AS SET FORTH IN SECTIONS 5.3 AND 5.4 BELOW, MAY NOT BE OFFERED, SOLD, PLEDGED OR OTHERWISE TRANSFERRED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND LAWS OR IN FORM AND SUBSTANCE SATISFACTORY TO THE COMPANY, SUCH OFFER, SALE, PLEDGE OR OTHER TRANSFER IS EXEMPT FROM SUCH REGISTRATION.
ContractWarrant Agreement • August 14th, 2019 • PhaseBio Pharmaceuticals Inc • Pharmaceutical preparations • California
Contract Type FiledAugust 14th, 2019 Company Industry JurisdictionTHIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR THE SECURITIES LAWS OF ANY STATE AND, EXCEPT AS SET FORTH IN SECTIONS 5.3 AND 5.4 BELOW, MAY NOT BE OFFERED, SOLD, PLEDGED OR OTHERWISE TRANSFERRED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND LAWS OR IN FORM AND SUBSTANCE SATISFACTORY TO THE COMPANY, SUCH OFFER, SALE, PLEDGE OR OTHER TRANSFER IS EXEMPT FROM SUCH REGISTRATION.
LEASE AGREEMENT LIBERTY PROPERTY LIMITED PARTNERSHIP Landlord AND PHASEBIO PHARMACEUTICALS, INC. Tenant AT 1 Great Valley Parkway Malvern, PA 19355Lease Agreement • September 21st, 2018 • PhaseBio Pharmaceuticals Inc • Pharmaceutical preparations • Pennsylvania
Contract Type FiledSeptember 21st, 2018 Company Industry JurisdictionTHIS LEASE AGREEMENT is made by and between LIBERTY PROPERTY LIMITED PARTNERSHIP, a Pennsylvania limited partnership (“Landlord”) and PHASEBIO PHARMACEUTICALS, INC., a corporation organized under the laws of Delaware (“Tenant”), and is dated as of the date on which this Lease has been fully executed by Landlord and Tenant.
ContractWarrant Agreement • November 14th, 2019 • PhaseBio Pharmaceuticals Inc • Pharmaceutical preparations • California
Contract Type FiledNovember 14th, 2019 Company Industry JurisdictionTHIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR THE SECURITIES LAWS OF ANY STATE AND, EXCEPT AS SET FORTH IN SECTIONS 5.3 AND 5.4 BELOW, MAY NOT BE OFFERED, SOLD, PLEDGED OR OTHERWISE TRANSFERRED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND LAWS OR IN FORM AND SUBSTANCE SATISFACTORY TO THE COMPANY, SUCH OFFER, SALE, PLEDGE OR OTHER TRANSFER IS EXEMPT FROM SUCH REGISTRATION.
LICENSE AGREEMENT between MEDIMMUNE LIMITED and PHASEBIO PHARMACEUTICALS, INC. Dated as of November 21, 2017License Agreement • September 21st, 2018 • PhaseBio Pharmaceuticals Inc • Pharmaceutical preparations • New York
Contract Type FiledSeptember 21st, 2018 Company Industry JurisdictionThis License Agreement (this “Agreement”) is made and entered into as of November 21, 2017 (the “Effective Date”) by and between MedImmune Limited, a limited liability company formed under the laws of the United Kingdom having a place of business at Milstein Building, Granta Park, Cambridge CB21 6GH, United Kingdom (“MedImmune”) and PhaseBio Pharmaceuticals, Inc., a corporation formed under the laws of Delaware having its place of business at 1 Great Valley Parkway, Suite 30, Malvern, Pennsylvania 19355, United States (“Licensee”). MedImmune and Licensee are sometimes referred to herein individually as a “Party” and collectively as the “Parties.”
ContractWarrant Agreement • March 30th, 2020 • PhaseBio Pharmaceuticals Inc • Pharmaceutical preparations • California
Contract Type FiledMarch 30th, 2020 Company Industry JurisdictionTHIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR THE SECURITIES LAWS OF ANY STATE AND, EXCEPT AS SET FORTH IN SECTIONS 5.3 AND 5.4 BELOW, MAY NOT BE OFFERED, SOLD, PLEDGED OR OTHERWISE TRANSFERRED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND LAWS OR IN FORM AND SUBSTANCE SATISFACTORY TO THE COMPANY, SUCH OFFER, SALE, PLEDGE OR OTHER TRANSFER IS EXEMPT FROM SUCH REGISTRATION.
PLAN SUPPORT AND SETTLEMENT AGREEMENTPlan Support and Settlement Agreement • March 12th, 2024 • PhaseBio Pharmaceuticals Inc • Pharmaceutical preparations
Contract Type FiledMarch 12th, 2024 Company IndustryThis PLAN SUPPORT AND SETTLEMENT AGREEMENT (together with the schedules attached hereto, as each may be amended, restated, supplemented, or otherwise modified from time to time in accordance with the terms hereof, this “Agreement”), dated as of March 6, 2024, is entered into by and between: (i) PhaseBio Pharmaceuticals, Inc. (“PhaseBio” or the “Debtor”) and (ii) SFJ Pharma X, Inc. (k/k/a SFJ Pharmaceuticals X, Ltd. (“SFJ”). The Debtor and SFJ are each referred to herein as a “Party,” and collectively, the “Parties.”
Certain information has been excluded from this agreement (indicated by “[***]”) because such information (i) is not material and (ii) would be competitively harmful if publicly disclosed. INTELLECTUAL PROPERTY SECURITY AGREEMENTIntellectual Property Security Agreement • March 30th, 2020 • PhaseBio Pharmaceuticals Inc • Pharmaceutical preparations • California
Contract Type FiledMarch 30th, 2020 Company Industry JurisdictionThis Intellectual Property Security Agreement (“Agreement”) is entered into as of March 19, 2020, by and among (a) SILICON VALLEY BANK, a California corporation (“SVB”), in its capacity as administrative agent and collateral agent (“Agent”), (b) SVB as a lender, (c) WESTRIVER INNOVATION LENDING FUND VIII, L.P., a Delaware limited partnership (“WestRiver”), as a lender (SVB and WestRiver and each of the other “Lenders” from time to time a party hereto are referred to herein collectively as the “Lenders” and each individually as a “Lender”), and (d) PHASEBIO PHARMACEUTICALS, INC., a Delaware corporation (“Grantor”).
Supply AgreementSupply Agreement • May 13th, 2021 • PhaseBio Pharmaceuticals Inc • Pharmaceutical preparations • New York
Contract Type FiledMay 13th, 2021 Company Industry JurisdictionThis Supply Agreement (the “Agreement”) is as entered into as of this 10th day of March, 2021 (“Effective Date”) between PhaseBio Pharmaceuticals, Inc., a corporation organized under the laws of Delaware and having a place of business at 1 Great Valley Parkway, Suite 30, Malvern, Pennsylvania, 19355 USA (“PhaseBio”) and BioVectra Inc., a corporation organized under the laws of Prince Edward Island and having a place of business at 11 Aviation Avenue, Charlottetown, Prince Edward Island, C1E 0A1 Canada (“BioVectra”) (each individually a “Party” and collectively the “Parties”).
MASTER SERVICES AGREEMENTMaster Services Agreement • March 24th, 2022 • PhaseBio Pharmaceuticals Inc • Pharmaceutical preparations
Contract Type FiledMarch 24th, 2022 Company IndustryThis Amendment No. 1 to the Master Services Agreement (the “Amendment”) is made as of the date of last signature below (the “Amendment Effective Date”), by and between PhaseBio Pharmaceuticals, Inc. (hereinafter “PhaseBio”) with a place of business at 1 Great Valley Parkway, Suite 30, Malvern, PA 19355, and BioVectra Inc., having a place of business located at 11 Aviation Avenue, Charlottetown, PE C1E 0A1, Canada (hereinafter “Contractor”).
SUBORDINATION AGREEMENTSubordination Agreement • March 30th, 2020 • PhaseBio Pharmaceuticals Inc • Pharmaceutical preparations • California
Contract Type FiledMarch 30th, 2020 Company Industry JurisdictionTHIS SUBORDINATION AGREEMENT (as may be amended, modified, restated, amended and restated, replaced or supplemented from time to time, this “Agreement”), is entered into as of March 19, 2020 (the “Effective Date”), by and between SILICON VALLEY BANK, a California corporation, in its capacity as administrative agent and collateral agent (“Senior Agent”) under the Senior Creditor Agreement (as defined below), SILICON VALLEY BANK, a California corporation (“SVB”) in its capacity as a lender under the Senior Creditor Agreement (as defined below), WESTRIVER INNOVATION LENDING FUND VIII, L.P., a Delaware limited partnership (“WestRiver”), in its capacity as a lender under the Senior Creditor Agreement (as defined below) (SVB and WestRiver in such capacities and each of the other “Lenders” from time to time a party to the Senior Creditor Agreement (as defined below) are referred to herein collectively as the “Senior Creditors” and each individually as a “Senior Creditor”), and SFJ PHARMACEUTI
PROGRAM TRANSFER AGREEMENTProgram Transfer Agreement • March 30th, 2020 • PhaseBio Pharmaceuticals Inc • Pharmaceutical preparations
Contract Type FiledMarch 30th, 2020 Company IndustryTHIS PROGRAM TRANSFER AGREEMENT (this “Agreement”) is made and entered into as of [insert date that the Program Transfer Notice is delivered to PB], by and among PhaseBio Pharmaceuticals Inc., a Delaware corporation (“PB”), and SFJ Pharmaceuticals X, Ltd., a Cayman Islands company (“SFJ”). Capitalized terms used but not defined herein shall have the meanings ascribed to such terms in (i) the Co‑Development Agreement dated as of January 9, 2020 between PB and SFJ (the “Co‑Development Agreement”) or (ii) if not defined in the Co-Development Agreement, the AZ License.
ACKNOWLEDGMENT OF GRANT OF A SUBLICENSE IN ACCORDANCE WITH THE LICENSE AGREEMENT BETWEEN MEDIMMUNE LIMITED AND PHASEBIO PHARMACEUTICALS, INC. AND RELATED OPTIONSSublicense Agreement • August 12th, 2021 • PhaseBio Pharmaceuticals Inc • Pharmaceutical preparations
Contract Type FiledAugust 12th, 2021 Company IndustryThis Agreement (“Agreement”) is made and entered into as of June 16, 2021 (the “Effective Date”), by and between (1) MedImmune Limited, a limited liability company formed under the laws of the United Kingdom having a place of business at Milstein Building, Granta Park, Cambridge CB21 6GH, United Kingdom (“MedImmune”); (2) PhaseBio Pharmaceuticals, Inc., a corporation formed under the laws of the State of Delaware with a principal place of business at 1 Great Valley Parkway, Suite 30, Malvern, Pennsylvania 19355, USA (“PhaseBio”); and (3) Alfasigma S.P.A. a company organized and existing under the laws of Italy having a place of business at Via Ragazzi del ’99.5. 1-40133 Bologna, Italy (“Alfasigma”).
PHASEBIO PHARMACEUTICALS, INC. FOURTH AMENDED AND RESTATED INVESTOR RIGHTS AGREEMENTInvestor Rights Agreement • September 21st, 2018 • PhaseBio Pharmaceuticals Inc • Pharmaceutical preparations • Delaware
Contract Type FiledSeptember 21st, 2018 Company Industry JurisdictionTHIS FOURTH AMENDED AND RESTATED INVESTOR RIGHTS AGREEMENT (this “Agreement”) is made this 27th day of August, 2018, by and among PhaseBio Pharmaceuticals, Inc., a Delaware corporation (the “Company”), the holders of the Company’s Common Stock (the “Common Stock”) identified on Exhibit A attached hereto (the “Common Holders”), the holders of the Company’s Series 1 Preferred Stock (the “Series 1 Stock”) identified on Exhibit B attached hereto (the “Series 1 Holders”), the holders of the Company’s Series AA Preferred Stock (the “Series AA Stock”) identified on Exhibit C attached hereto (the “Series AA Holders”), the holders of the Company’s Series B Preferred Stock (the “Series B Stock”) identified on Exhibit D attached hereto (the “Series B Holders”), the holders of the Company’s Series C-1 Preferred Stock (the “Series C-1 Stock”), the Company’s Series C-2 Preferred Stock (the “Series C-2 Stock”), the Company’s Series C-3 Preferred Stock (the “Series C-3 Stock” and collectively with the
LICENSE AGREEMENT between ALFASIGMA S.P.A. and PHASEBIO PHARMACEUTICALS, INC. Dated as of June 16, 2021License Agreement • August 12th, 2021 • PhaseBio Pharmaceuticals Inc • Pharmaceutical preparations • New York
Contract Type FiledAugust 12th, 2021 Company Industry JurisdictionThis License Agreement (this “Agreement”) is made and entered into as of June 16, 2021 (the “Effective Date”) by and between PhaseBio Pharmaceuticals, Inc., a corporation formed under the laws of Delaware having its place of business at 1 Great Valley Parkway, Suite 30, Malvern, Pennsylvania 19355, United States (“Licensor”) and Alfasigma S.p.A, an Italian company having its place of business at Via Ragazzi del ’99, 5, 1-40133 Bologna, Italy (“Licensee”). Licensor and Licensee are sometimes referred to herein individually as a “Party” and collectively as the “Parties.”
EIGHTH AMENDMENT TO LICENSE AGREEMENTLicense Agreement • April 9th, 2019 • PhaseBio Pharmaceuticals Inc • Pharmaceutical preparations
Contract Type FiledApril 9th, 2019 Company IndustryThis Eighth Amendment to License Agreement (''Amendment") is made and entered into as of March 5, 2019 (the "Amendment Date"), by and between Duke University, a North Carolina not-for-profit corporation ("Duke"), and PhaseBio Pharmaceuticals, Inc., a Delaware corporation ("Licensee").
Certain information has been excluded from this agreement (indicated by “[***]”) because such information (i) is not material and (ii) would be competitively harmful if publicly disclosed.Co-Development Agreement • March 30th, 2020 • PhaseBio Pharmaceuticals Inc • Pharmaceutical preparations • Delaware
Contract Type FiledMarch 30th, 2020 Company Industry JurisdictionThis Co-Development Agreement (“Agreement”), made effective as of January 9, 2020 (the “Effective Date”), is by and between PhaseBio Pharmaceuticals Inc., a Delaware corporation, with a principal place of business at 1 Great Valley Parkway, Suite 30, Malvern, Pennsylvania 19355, USA (“PB”), and SFJ Pharmaceuticals X, Ltd. (“SFJ”), an SFJ Pharmaceuticals Group company and corporation organized and existing under the laws of the Cayman Islands, having its principal place of business at SIX, 2nd Floor, Cricket Square PO Box 2681, Grand Cayman, KY1-1111 Cayman Islands (each, a “Party” and collectively, the “Parties”).
ASSET PURCHASE AGREEMENTAsset Purchase Agreement • March 30th, 2020 • PhaseBio Pharmaceuticals Inc • Pharmaceutical preparations • New York
Contract Type FiledMarch 30th, 2020 Company Industry JurisdictionTHIS ASSET PURCHASE AGREEMENT (as may be amended from time to time, this “Agreement”) is entered into as of January 13, 2020 (the “Effective Date”), by and among PHASEBIO PHARMACEUTICALS, INC., a Delaware corporation having a place of business at 1 Great Valley Parkway, Suite 30, Malvern, Pennsylvania 19355 (“Purchaser”), SELENITY THERAPEUTICS (BERMUDA), LTD., a Bermuda exempted company having a place of business at Clarendon House, 2 Church Street, Hamilton HM 11, Bermuda (“Selenity”), and VIAMET PHARMACEUTICALS HOLDINGS, LLC, a limited liability company organized under the laws of Delaware having a place of business at c/o Verdolino & Lowey, 124 Washington St., Foxborough, MA 02035 (“VPH” and, together with Selenity, the “Sellers” and each, a “Seller”). Sellers and Purchaser are sometimes referred to herein individually as a “Party” and collectively as the “Parties.”
CONSENT AND FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • March 30th, 2020 • PhaseBio Pharmaceuticals Inc • Pharmaceutical preparations
Contract Type FiledMarch 30th, 2020 Company IndustryTHIS CONSENT AND FIRST AMENDMENT to Loan and Security Agreement (this “Amendment”) is entered into as of March 19, 2020, by and among (a) SILICON VALLEY BANK, a California corporation (“SVB” or “Bank”), in its capacity as administrative agent and collateral agent (“Agent”), (b) SVB as a lender, (c) WESTRIVER INNOVATION LENDING FUND VIII, L.P., a Delaware limited partnership (“WestRiver”), as a lender (SVB and WestRiver and each of the other “Lenders” from time to time a party hereto are referred to herein collectively as the “Lenders” and each individually as a “Lender”), and (d) PHASEBIO PHARMACEUTICALS, INC., a Delaware corporation (“Borrower”), whose address is 1 Great Valley Parkway, Suite 30, Malvern, PA 19355.
PHASEBIO PHARMACEUTICALS, INC. THIRD AMENDED AND RESTATED INVESTOR RIGHTS AGREEMENTInvestor Rights Agreement • July 27th, 2018 • PhaseBio Pharmaceuticals Inc • Pharmaceutical preparations • Delaware
Contract Type FiledJuly 27th, 2018 Company Industry JurisdictionTHIS THIRD AMENDED AND RESTATED INVESTOR RIGHTS AGREEMENT (this “Agreement”) is made this 26th day of February 2015, by and among PhaseBio Pharmaceuticals, Inc., a Delaware corporation (the “Company”), the holders of the Company’s Common Stock (the “Common Stock”) identified on Exhibit A attached hereto (the “Common Holders”), the holders of the Company’s Series 1 Preferred Stock (the “Series 1 Stock”) identified on Exhibit B attached hereto (the “Series 1 Holders”), the holders of the Company’s Series AA Preferred Stock (the “Series AA Stock”) identified on Exhibit C attached hereto (the “Series AA Holders”), the holders of the Company’s Series B Preferred Stock (the “Series B Stock”) identified on Exhibit D attached hereto (the “Series B Holders”), and the holders of the Series C-1 Preferred Stock (the “Series C-1 Stock”), Series C-2 Preferred Stock (the “Series C-2 Stock”), and Series C-3 Preferred Stock (the “Series C-3 Stock”, collectively with the Series C-1 Stock and Series C-2
ContractWarrant Agreement • September 21st, 2018 • PhaseBio Pharmaceuticals Inc • Pharmaceutical preparations • Delaware
Contract Type FiledSeptember 21st, 2018 Company Industry JurisdictionTHIS WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE HEREOF HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, APPLICABLE STATE SECURITIES LAWS, OR APPLICABLE LAWS OF ANY FOREIGN JURISDICTION. THIS WARRANT AND SUCH UNDERLYING SECURITIES HAVE BEEN ACQUIRED FOR INVESTMENT AND NOT WITH A VIEW TO DISTRIBUTION OR RESALE, AND MAY NOT BE OFFERED, SOLD, PLEDGED, HYPOTHECATED, RENOUNCED OR OTHERWISE TRANSFERRED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT AND ANY APPLICABLE STATE SECURITIES LAWS AND IN THE ABSENCE OF COMPLIANCE WITH APPLICABLE LAWS OF ANY FOREIGN JURISDICTION, OR THE AVAILABILITY OF AN EXEMPTION FROM THE REGISTRATION PROVISIONS OF THE SECURITIES ACT OF 1933, AS AMENDED, AND APPLICABLE STATE SECURITIES LAWS.
CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY [***], HAS BEEN OMITTED BECAUSE IT IS NOT MATERIAL AND WOULD LIKELY CAUSE COMPETITIVE HARM TO THE COMPANY IF PUBLICLY DISCLOSED. LICENSE AGREEMENTLicense Agreement • April 9th, 2019 • PhaseBio Pharmaceuticals Inc • Pharmaceutical preparations
Contract Type FiledApril 9th, 2019 Company IndustryPhaseBio and Wacker Biotech hereinafter collectively referred to as “Parties” and individually referred to as “Party”, as the case might be.
MASTER SERVICES AGREEMENTMaster Services Agreement • March 26th, 2019 • PhaseBio Pharmaceuticals Inc • Pharmaceutical preparations • Delaware
Contract Type FiledMarch 26th, 2019 Company Industry JurisdictionThis Master Services Agreement (the "Agreement") is entered into as of November 14, 2018 (the "Effective Date") by and between PhaseBio Pharmaceuticals, Inc., a Delaware corporation having a place of business at 1 Great Valley Parkway, Suite 30, Malvern, Pennsylvania 19355 ("PhaseBio") and BioVectra Inc., a company registered under the laws of the province of Prince Edward Island, Canada having a place of business at 11 Aviation Avenue, Charlottetown, PE, Cl E0A1, Canada ("Contractor"). PhaseBio and Contractor may be referred to herein individually as a "Party" and collectively as the "Parties."