ENANTA PHARMACEUTICALS, INC. [*] Shares of Common Stock Underwriting AgreementUnderwriting Agreement • November 6th, 2012 • Enanta Pharmaceuticals Inc • Pharmaceutical preparations • New York
Enanta Pharmaceuticals, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several Underwriters listed in Schedule 1 hereto (the “Underwriters”), for whom you are acting as representatives (the “Representatives”), an aggregate of [*] shares of common stock, par value $[*] per share, of the Company (the “Underwritten Shares”) and, at the option of the Underwriters, up to an additional [*] shares of common stock of the Company (the “Option Shares”). The Underwritten Shares and the Option Shares are herein referred to as the “Shares”. The shares of common stock of the Company to be outstanding after giving effect to the sale of the Shares are referred to herein as the “Stock”.
FORM OF INDEMNIFICATION AGREEMENT (For Directors)Indemnification Agreement • February 5th, 2013 • Enanta Pharmaceuticals Inc • Pharmaceutical preparations • Delaware
This Indemnification Agreement (“Agreement”) is made as of by and between Enanta Pharmaceuticals, Inc., a Delaware corporation (the “Company”), [ , a Delaware limited partnership (the “Fund”),]1 and (“Indemnitee”). This Agreement supersedes and replaces any and all previous Agreements between the Company and Indemnitee covering the subject matter of this Agreement.
OPEN MARKET SALE AGREEMENTSMOpen Market Sale Agreement • August 26th, 2022 • Enanta Pharmaceuticals Inc • Pharmaceutical preparations • New York
COLLABORATIVE DEVELOPMENT AND LICENSE AGREEMENT by and between ENANTA PHARMACEUTICALS, INC. and ABBOTT LABORATORIES November 27, 2006 Confidential materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote...Collaborative Development and License Agreement • February 9th, 2016 • Enanta Pharmaceuticals Inc • Pharmaceutical preparations • New York
THIS SERIES E CONVERTIBLE PREFERRED STOCK PURCHASE AGREEMENT (“Agreement”) is made as of [●], 20 , by and among Enanta Pharmaceuticals, Inc., a Delaware corporation (the “Corporation”), the investors named on the Schedule of Investors attached hereto (the “Initial Investors”) and the additional investors added from time to time to the Schedule of Investors in accordance with Section 23 below (the “Additional Investors,” and together with the Initial Investors, the “Investors”).
AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • March 5th, 2013 • Enanta Pharmaceuticals Inc • Pharmaceutical preparations • Massachusetts
This Amended and Restated Employment Agreement (this “Agreement”) dated as of March 4, 2013, is by and between Enanta Pharmaceuticals, Inc. (“Employer”), 500 Arsenal Street, Watertown, MA 02472, and Jay R. Luly (“Employee”).
Enanta has requested that portions of this document be accorded confidential treatment pursuant to Rule 24b-2 promulgated under the Securities Exchange Act of 1934, as amended. COLLABORATION AND LICENSE AGREEMENTCollaboration and License Agreement • February 5th, 2013 • Enanta Pharmaceuticals Inc • Pharmaceutical preparations • Massachusetts
This COLLABORATION AND LICENSE AGREEMENT (“Agreement”) is made as of February 16, 2012 (“Effective Date”), by and between Novartis Institutes for BioMedical Research, Inc., with its principal office at 250 Massachusetts Avenue, Cambridge, Massachusetts 02139 (“Novartis”) and Enanta Pharmaceuticals, Inc., with its principal office at 500 Arsenal Street, Watertown, Massachusetts 02472 (“Enanta”). Novartis and Enanta are each referred to individually as a “Party” and together as the “Parties.”
CONSULTING AGREEMENT (As Amended and Restated)Consulting Agreement • May 9th, 2022 • Enanta Pharmaceuticals Inc • Pharmaceutical preparations • Massachusetts
This Consulting Agreement (this “Agreement”) is entered into effective as of the 23rd day of February, 2022 (the “Signature Date”) between Enanta Pharmaceuticals, Inc. (the “Company”), a Delaware corporation, with offices at 500 Arsenal Street, Watertown, MA 02472, and Nathalie Adda, M.D, having a principal residence in Cambridge, Massachusetts (“Consultant”) (each, a “Party” and collectively, the “Parties”) in order to amend and restate in its entirety the Consulting Agreement (the “Original Agreement” entered into effective as of July 14, 2021 between the Parties.
THIRD AMENDMENT TO THE COLLABORATIVE DEVELOPMENT AND LICENSE AGREEMENTCollaborative Development and License Agreement • February 5th, 2021 • Enanta Pharmaceuticals Inc • Pharmaceutical preparations
This THIRD AMENDMENT TO THE COLLABORATIVE DEVELOPMENT AND LICENSE AGREEMENT (this “Third Amendment”) is entered into as of October 20, 2014, by and between Enanta Pharmaceuticals, Inc., with principal offices at 500 Arsenal Street, Watertown, Massachusetts 02472 (“Enanta”) and AbbVie Inc., having a place of business at 1 North Waukegan Road, North Chicago, Illinois 60064 (“AbbVie”). AbbVie and Enanta are sometimes referred to herein individually as a “Party” and collectively as the “Parties.”
COLLABORATIVE DEVELOPMENT AND LICENSE AGREEMENT by and between ENANTA PHARMACEUTICALS, INC. and ABBOTT LABORATORIES November 27, 2006Collaborative Development and License Agreement • February 5th, 2021 • Enanta Pharmaceuticals Inc • Pharmaceutical preparations • New York
THIS SERIES E CONVERTIBLE PREFERRED STOCK PURCHASE AGREEMENT (“Agreement”) is made as of [ ● ], 20___, by and among Enanta Pharmaceuticals, Inc., a Delaware corporation (the “Corporation”), the investors named on the Schedule of Investors attached hereto (the “Initial Investors”) and the additional investors added from time to time to the Schedule of Investors in accordance with Section 23 below (the “Additional Investors,” and together with the Initial Investors, the “Investors”).
FIRST AMENDMENT TO LEASE AGREEMENTLease Agreement • May 8th, 2015 • Enanta Pharmaceuticals Inc • Pharmaceutical preparations
absolute discretion and otherwise in compliance with Legal Requirements, of Hazardous Materials discovered in the Expansion Premises during the construction of Landlord’s Work in the Expansion Premises requiring remediation.
AMENDMENT NO. 1 TO COLLABORATION AND LICENSE AGREEMENTCollaboration and License Agreement • May 15th, 2013 • Enanta Pharmaceuticals Inc • Pharmaceutical preparations
This Amendment No. 1 to Collaboration and License Agreement (this “Amendment No. 1”) is executed as of March 28, 2013, but effective as of February 16, 2013 (the “Amendment No. 1 Effective Date”) by and between Enanta Pharmaceuticals, Inc. (“Enanta”) and Novartis Institutes for BioMedical Research, Inc. (“Novartis”).
FOURTH AMENDMENT TO THE COLLABORATIVE DEVELOPMENT AND LICENSE AGREEMENTCollaborative Development and License Agreement • May 8th, 2015 • Enanta Pharmaceuticals Inc • Pharmaceutical preparations
This FOURTH AMENDMENT TO THE COLLABORATIVE DEVELOPMENT AND LICENSE AGREEMENT (this “Fourth Amendment”) is entered into as of March 3, 2015, by and between Enanta Pharmaceuticals, Inc., with principal offices at 500 Arsenal Street, Watertown, Massachusetts 02472 (“Enanta”), and AbbVie Inc., having a place of business at 1 North Waukegan Road, North Chicago, Illinois 60064 (“AbbVie”). AbbVie and Enanta are sometimes referred to herein individually as a “Party” and collectively as the “Parties.”
Enanta Pharmaceuticals, Inc. NONSTATUTORY STOCK OPTION GRANT NOTICE AND AGREEMENT (2024 INDUCEMENT STOCK INCENTIVE PLAN)Nonstatutory Stock Option Agreement • November 27th, 2024 • Enanta Pharmaceuticals Inc • Pharmaceutical preparations • Delaware
This Nonstatutory Stock Option Certificate confirms that Enanta Pharmaceuticals, Inc. (the “Company”), a Delaware corporation, has granted to the person named below (“Participant”) a Nonstatutory Stock Option (this “Option”) to purchase the number of shares of the Company’s Common Stock set forth below pursuant to the Company’s 2024 Inducement Stock Incentive Plan (the “Plan”), subject to adjustment as provided below and subject to the definitions and terms and conditions set forth or otherwise referenced below.
CERTAIN IDENTIFIED INFORMATION HAS BEEN OMITTED FROM THIS EXHIBIT BECAUSE IT IS (I) NOT MATERIAL AND (II) OF THE TYPE THAT THE REGISTRANT TREATS AS PRIVATE OR CONFIDENTIAL. [***] INDICATES THAT INFORMATION HAS BEEN OMITTED. ROYALTY PURCHASE AGREEMENT...Royalty Purchase Agreement • April 27th, 2023 • Enanta Pharmaceuticals Inc • Pharmaceutical preparations • New York
ROYALTY PURCHASE AGREEMENT, dated as of April 25, 2023 (this “Agreement”), between ENANTA PHARMACEUTICALS, INC., a Delaware corporation, as Seller (“Seller”), and OCM LIFE SCIENCES PORTFOLIO LP, an Ontario limited partnership, as Purchaser (“Purchaser”).
THIRD AMENDMENT TO LEASE AGREEMENTLease Agreement • November 27th, 2024 • Enanta Pharmaceuticals Inc • Pharmaceutical preparations
THIS THIRD AMENDMENT TO LEASE AGREEMENT (this “Third Amendment”) is dated as of September 13, 2024, but made effective as of September 1, 2024, by and between ARE-MA REGION NO. 75, LLC, a Delaware limited liability company (“Landlord”), and ENANTA PHARMACEUTICALS, INC., a Delaware corporation (“Tenant”).
FIRST AMENDMENT TO LEASE AGREEMENTLease Agreement • May 17th, 2022 • Enanta Pharmaceuticals Inc • Pharmaceutical preparations • Massachusetts
THIS FIRST AMENDMENT TO LEASE AGREEMENT (this “Amendment”) is made as of May 12, 2022, by and between ARE-MA REGION NO. 75, LLC, a Delaware limited liability company (“Landlord”), and ENANTA PHARMACEUTICALS, INC., a Delaware corporation (“Tenant”).
SECOND AMENDMENT TO LEASE AGREEMENTLease Agreement • November 27th, 2024 • Enanta Pharmaceuticals Inc • Pharmaceutical preparations • Massachusetts
THIS SECOND AMENDMENT TO LEASE AGREEMENT (this “Second Amendment”) is made as of July 26, 2024, by and between ARE-MA REGION NO. 75, LLC, a Delaware limited liability company (“Landlord”), and ENANTA PHARMACEUTICALS, INC., a Delaware corporation (“Tenant”).
AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • May 8th, 2024 • Enanta Pharmaceuticals Inc • Pharmaceutical preparations
This Amended and Restated Employment Agreement (this ''Agreement") dated as of February 8, 2024, by and between Enanta Pharmaceuticals, Inc. (“Employer”), 500 Arsenal Street, Watertown, MA 02472, and Nathaniel S. Gardiner (“Employee”) amends and restates the Employment Agreement (the “Original Agreement”) dated as of April 28, 2014, between Employer and Employee, effective April 1, 2024 (the “Effective Date”).
RESTRICTED STOCK UNIT GRANT NOTICE AND AWARD AGREEMENT (2024 Inducement Stock INCENTIVE PLAN)Restricted Stock Unit Grant Agreement • November 27th, 2024 • Enanta Pharmaceuticals Inc • Pharmaceutical preparations • Delaware
This notice confirms that Enanta Pharmaceuticals, Inc. (the “Company”), a Delaware corporation, has granted to the person named below (“Participant”) an award (this “Award”) of the number of Restricted Stock Units (the “RSUs”) set forth below pursuant to the Company’s 2024 Inducement Stock Incentive Plan (the “Plan”), each RSU representing the right to receive one share of the Company’s Common Stock, $.01 par value per share (the “Common Stock”), as provided below and subject to the definitions and terms and conditions referenced below.
Enanta has requested that portions of this document be accorded confidential treatment pursuant to Rule 24b-2 promulgated under the Securities Exchange Act of 1934, as amended. THIRD AMENDMENT TO THE COLLABORATIVE DEVELOPMENT AND LICENSE AGREEMENTCollaborative Development and License Agreement • December 11th, 2014 • Enanta Pharmaceuticals Inc • Pharmaceutical preparations
This THIRD AMENDMENT TO THE COLLABORATIVE DEVELOPMENT AND LICENSE AGREEMENT (this “Third Amendment”) is entered into as of October 20, 2014, by and between Enanta Pharmaceuticals, Inc., with principal offices at 500 Arsenal Street, Watertown, Massachusetts 02472 (“Enanta”) and AbbVie Inc., having a place of business at 1 North Waukegan Road, North Chicago, Illinois 60064 (“AbbVie”). AbbVie and Enanta are sometimes referred to herein individually as a “Party” and collectively as the “Parties.”
STOCK PURCHASE WARRANTStock Purchase Warrant • November 6th, 2012 • Enanta Pharmaceuticals Inc • Pharmaceutical preparations • Massachusetts
This Stock Purchase Warrant (the “Warrant”) is being issued in connection with the purchase by the Holder of a Term Note (the “Note”) of the Company in the original principal amount set forth on the signature page hereto (the “Note Principal”), and is one of a number of Stock Purchase Warrants (collectively, the “Warrants”) being issued pursuant to that certain Note and Warrant Purchase Agreement dated as of October 4, 2010 (as such agreement shall be amended from time to time, the “Purchase Agreement”) by and among the Company and the Purchasers from time to time party thereto, and is subject to the provisions of the Purchase Agreement, as amended from time to time.
SECOND AMENDMENT TO LEASELease Agreement • May 17th, 2022 • Enanta Pharmaceuticals Inc • Pharmaceutical preparations • Massachusetts
THIS SECOND AMENDMENT TO LEASE (this “Second Amendment”) is made as of May 12, 2022, by and between ARE-500 ARSENAL STREET, LLC, a Delaware limited liability company (“Landlord”), and ENANTA PHARMACEUTICALS, INC., a Delaware corporation (“Tenant”).
THIRD AMENDED AND RESTATED REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • November 6th, 2012 • Enanta Pharmaceuticals Inc • Pharmaceutical preparations • Massachusetts
THIS THIRD AMENDED AND RESTATED REGISTRATION RIGHTS AGREEMENT (this “Agreement”) is entered into as of August 23, 2012 by and among (i)Enanta Pharmaceuticals, Inc., a Delaware corporation (the “Corporation”), (ii) the investors listed on Schedule 1 attached hereto (the “Series C Investors”), (iii) the investors listed on Schedule 2 attached hereto (the “Series D Investors”), (iv) the holders of Common Stock Purchase Warrants listed on Schedule 3 attached hereto (the “Warrant Holders”), (v) the investors listed on Schedule 4 attached hereto (the “Series E Investors”), (vi) the investors listed on Schedule 5 attached hereto (the “Series F Investors”), and (vii) the investors listed on Schedule 6 attached hereto (the “Series G Investors,” and together with the Series C Investors, the Series D Investors, the Warrant Holders, the Series E Investors, and the Series F Investors, the “Investors”).
