UNDERWRITING AGREEMENT ATHENEX, INC. 10,000,000 Shares of Common Stock Underwriting AgreementUnderwriting Agreement • September 10th, 2020 • Athenex, Inc. • Pharmaceutical preparations • New York
Athenex, 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 10,000,000 shares of common stock, par value $0.001 per share (“Common Stock”), of the Company (the “Underwritten Shares”) and, at the option of the Underwriters, up to an additional 1,500,000 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”.
ATHENEX, INC. Shares of Common Stock ($0.001 par value per share) SALES AGREEMENTSales Agreement • August 20th, 2021 • Athenex, Inc. • Pharmaceutical preparations • New York
Athenex, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with SVB Leerink LLC (the “Agent”), as follows:
FORM OF COMMON STOCK PURCHASE WARRANT Athenex, Inc.Common Stock Purchase Warrant • November 3rd, 2022 • Athenex, Inc. • Pharmaceutical preparations
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, [ ] or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the date hereof (the “Issue Date”) and on or prior to 5:00 p.m. (New York City time) on August 15, 2027, (the “Termination Date”) but not thereafter, to subscribe for and purchase from Athenex, Inc., a Delaware corporation (the “Company”), up to [ ] shares (as subject to adjustment hereunder, the “Warrant Shares”) of common stock, $0.001 par value per share, of the Company (“Common Stock”). The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b). This Warrant shall initially be issued and maintained in the form of a security held in book-entry form and the Depository Trust Company or its nominee (“DTC”) shall initially be the sole registered holder of this W
EMPLOYMENT AGREEMENTEmployment Agreement • August 20th, 2018 • Athenex, Inc. • Pharmaceutical preparations • New York
THIS EMPLOYMENT AGREEMENT (this “Agreement”) is made and entered into as of August 20, 2018 (the “Effective Date”) by and between ATHENEX, INC., a company existing under the laws of Delaware having its principal office at Conventus Building, 1001 Main Street, Suite 600, Buffalo, New York 14203 (the “Company”), and Mr. SZE, Tin Yeung Randoll an individual residing at Flat A, 38F, Ellery Terrance, 38 Good Shephard Street, Homantin, HONG KONG (“Executive”).
REGISTRATION RIGHTS AGREEMENT dated as of December 9, 2019 by and among ATHENEX, INC. AND THE INVESTORS NAMED ON SCHEDULE IRegistration Rights Agreement • January 28th, 2020 • Athenex, Inc. • Pharmaceutical preparations • New York
THIS REGISTRATION RIGHTS AGREEMENT (this “Agreement”) is made and entered into as of December 9, 2019 by and among (i) Athenex, Inc., a Delaware corporation (the “Company”), and the Investors named on Schedule I (each, an “Investor” and, together, the “Investors”).
CREDIT AGREEMENT AND GUARANTY dated as of June 19, 2020 by and among ATHENEX, INC., as the Borrower, THE SUBSIDIARY GUARANTORS FROM TIME TO TIME PARTY HERETO, as the Guarantors, THE LENDERS FROM TIME TO TIME PARTY HERETO as the Lenders, and OAKTREE...Credit Agreement • June 22nd, 2020 • Athenex, Inc. • Pharmaceutical preparations • New York
CREDIT AGREEMENT AND GUARANTY, dated as of June 19, 2020 (this “Agreement”), among ATHENEX, INC., a Delaware corporation (the “Borrower”), certain Subsidiaries of the Borrower that may be required to provide Guarantees from time to time hereunder (each a “Guarantor” and collectively, the “Guarantors”), the lenders from time to time party hereto (each a “Lender” and collectively, the “Lenders”), and OAKTREE FUND ADMINISTRATION, LLC, as administrative agent for the Lenders (in such capacity, the “Administrative Agent”).
SHARE PURCHASE AGREEMENT dated as of December 5, 2019 by and among ATHENEX, INC. AND THE INVESTORS LISTED ON SCHEDULE 1Share Purchase Agreement • December 5th, 2019 • Athenex, Inc. • Pharmaceutical preparations • New York
THIS SHARE PURCHASE AGREEMENT, dated as of December 5, 2019 (this “Agreement”), is made by and among Athenex, Inc., a Delaware corporation (the “Company”), and each of the investors named on Schedule 1 (each, an “Investor” and, together, the “Investors”).
EMPLOYMENT AGREEMENTEmployment Agreement • May 12th, 2017 • Athenex, Inc. • Pharmaceutical preparations • New York
THIS EMPLOYMENT AGREEMENT (this “Agreement”) is made and entered into as of June 1, 2015 (the “Effective Date”) by and between KINEX POLYMED HONG KONG LTD, a company existing under the laws of Hong Kong, having its principal office at 18th Floor, Edinburgh Tower, The Landmark, 15 Queen’s Road Central, Hong Kong (the “Company”), and WILLIAM ZUO, PhD an individual residing at ### # ##### ##, #######, ## ##### (“Executive”).
LICENSE AGREEMENT by and between HANMI PHARMACEUTICAL LTD. and KINEX PHARMACEUTICALS, LLC ORASCOVERY PROGRAMLicense Agreement • May 12th, 2017 • Athenex, Inc. • Pharmaceutical preparations • New York
THIS LICENSE AGREEMENT (this “Agreement”) is made and entered into as of December 16, 2011 (“Effective Date”), by and between KINEX PHARMACEUTICALS, LLC, a limited liability company organized and existing under the laws of the State of New York and having its principal office at 701 Ellicott Street, Buffalo, New York 14203, United States (“Kinex”) and HANMI PHARMACEUTICAL LTD., a publicly traded company existing under the laws of South Korea and having its principal office at 45 Hanmi Tower, BangYee-Dong SongPa-Gu, Seoul, 138-724 South Korea (“Hanmi”).
LICENSE AGREEMENT by and between HANMI PHARMACEUTICAL CO., LTD. and KINEX THERAPEUTICS (HK) LIMITED and KINEX PHARMACEUTICALS, INC. (as guarantor) ON ORASCOVERY PROGRAM MAINLAND CHINA TERRITORYLicense Agreement • May 12th, 2017 • Athenex, Inc. • Pharmaceutical preparations • New York
THIS LICENSE AGREEMENT (this “Agreement”) is made and entered into as of June 28, 2013 (“Effective Date”), by and among KINEX THERAPEUTICS (HK) LIMITED, a corporation organized and existing under the laws of Hong Kong and having its principal office at 11/F, AXA Centre, 151 Gloucester Road, Hong Kong (“Kinex”), HANMI PHARMACEUTICAL CO., LTD., a publicly traded company existing under the laws of South Korea and having its principal office at 14,Wiryeseong-daero,Songpa-gu, Seoul, 138-724 South Korea (“Hanmi”) and KINEX PHARMACEUTICALS, INC., a corporation organized and existing under the laws of the State of Delaware and having its principal office at 701 Ellicott Street, Buffalo, New York 14203, United States, previously known as Kinex Pharmaceuticals, LLC (“Kinex US”).
SECOND AMENDMENT TO LICENSE AGREEMENTLicense Agreement • May 7th, 2020 • Athenex, Inc. • Pharmaceutical preparations
This SECOND AMENDMENT TO LICENSE AGREEMENT (this “Second Amendment”) is made and entered into as of this 27th day of November, 2018 (“Effective Date”) by and between Athenex, Inc., formerly known as Kinex Pharmaceuticals, Inc., a corporation organized and existing under the laws of the state of Delaware, USA, with a principal place of business at 1001 Main Street, Suite 600, Buffalo, New York 14203 (“Athenex” or “Kinex”), and PharmaEssentia Corp., a publicly traded company organized and existing under the laws of Taiwan with a principal place of business at 13F., No. 3 YuanQu Street, Nankang District,Taipei115, Taiwan (“PharmaEssentia”).
WARRANTWarrant Agreement • August 6th, 2020 • Athenex, Inc. • Pharmaceutical preparations • New York
This WARRANT (this “Warrant”) is issued as of August 4, 2020 (the “Initial Issuance Date”), by ATHENEX, INC., a Delaware corporation (the “Company”), to [ ] (“Purchaser” and, together with any assignee(s) or transferee(s), “Holder” or “Holders”).
December 8, 2016 Flint Besecker Orchard Park, New YorkLetter Agreement • May 1st, 2017 • Athenex, Inc. • Pharmaceutical preparations • New York
Pursuant to our conversations over the past week, this letter contains the terms of our agreement for the transition of your services (the “Letter Agreement”) with Athenex, Inc. (the “Company”). The effective date of this Letter Agreement is the date that you sign and date this Letter Agreement (the “Effective Date”).
ASSET PURCHASE AGREEMENT between ATHENEX, INC. and AMPHASTAR PHARMACEUTICALS, INC. Dated as of February 1, 2017Asset Purchase Agreement • May 12th, 2017 • Athenex, Inc. • Pharmaceutical preparations • Delaware
ASSET PURCHASE AGREEMENT dated as of , 2017 (this “Agreement”), between Athenex, Inc., a Delaware corporation (“Purchaser”) and Amphastar Pharmaceuticals, Inc., a Delaware corporation (“Seller”).
FIRST AMENDMENT TO LICENSE AGREEMENTLicense Agreement • May 12th, 2017 • Athenex, Inc. • Pharmaceutical preparations
This FIRST AMENDMENT TO LICENSE AGREEMENT (this “First Amendment”) is made and entered into as of this 23rd day of December, 2016 (“Effective Date”) by and between Athenex, Inc., formerly known as Kinex Pharmaceuticals, LLC, a corporation organized and existing under the laws of the state of Delaware, USA, with a principal place of business at 1001 Main Street, Suite 600, Buffalo, New York 14203 (“Athenex”), and PharmaEssentia Corp., a publicly traded company organized and existing under the laws of Taiwan with a principal place of business at 13F., No. 3 YuanQu Street, Nankang District, Taipei 115, Taiwan (“PharmaEssentia”).
AGREEMENT FOR MEDICAL TECHNOLOGY RESEARCH, DEVELOPMENT, INNOVATION, AND COMMERCIALIZATION ALLIANCEAgreement for Medical Technology Research, Development, Innovation, and Commercialization Alliance • May 1st, 2017 • Athenex, Inc. • Pharmaceutical preparations • New York
This AGREEMENT FOR MEDICAL TECHNOLOGY RESEARCH, DEVELOPMENT, INNOVATION, AND COMMERCIALIZATION ALLIANCE (“Agreement”) is effective as of May 1, 2015 (“Effective Date”) and is between FORT SCHUYLER MANAGEMENT CORPORATION (“FSMC”), a not-for-profit corporation existing under the laws of the State of New York having an office located at 257 Fuller Road, Albany, New York 12203, and KINEX PHARMACEUTICALS, INC. (“KINEX”), a Delaware corporation with its principal office located at 701 Ellicott Street, Buffalo, New York 14203. FSMC and KINEX are sometimes each referred to in this Agreement individually as a “Party” and collectively as “Parties.”
PURCHASE AGREEMENT BY AND BETWEEN ATHENEX, INC. AND IMMUNITYBIO, INC. DATED JANUARY 7, 2022Purchase Agreement • January 12th, 2022 • Athenex, Inc. • Pharmaceutical preparations • Delaware
THIS PURCHASE AGREEMENT (this “Agreement”) is made and entered into as of January 7, 2022, by and between ATHENEX, INC., a Delaware corporation (“Seller”), and IMMUNITYBIO, INC., a Delaware corporation (“Buyer”). Buyer and Seller are sometimes referred to herein individually as a “Party” and collectively as the “Parties.”
CLINICAL TRIAL COLLABORATION AND SUPPLY AGREEMENTClinical Trial Collaboration and Supply Agreement • May 1st, 2017 • Athenex, Inc. • Pharmaceutical preparations • New York
This CLINICAL TRIAL COLLABORATION AND SUPPLY AGREEMENT (this “Agreement”), made as of October 24, 2016 (the “Effective Date”), is by and between Athenex, Inc., also known as Kinex Pharmaceuticals, Inc. (“Athenex”), a Delaware corporation having a place of business at 1001 Main Street, Suite 600 Buffalo, New York, and Eli Lilly and Company, having a place of business at Lilly Corporate Center, Indianapolis, Indiana 46285 (“Lilly Parent”) and ImClone LLC, having a place of business at 450 East 29th Street 12th Floor, New York, NY 10016 (“ImClone”, and together with Lilly Parent, “Lilly”. Athenex and Lilly are each referred to herein individually as “Party” and collectively “Parties”.
EMPLOYMENT AGREEMENT Amended and Restated June 1, 2015Employment Agreement • May 12th, 2017 • Athenex, Inc. • Pharmaceutical preparations • New York
THIS AGREEMENT is an amendment and restatement of the agreement entered into on March 1, 2013, and amended and restated effective March 10, 2014, by and between Johnson Lau (the “Executive”), and Kinex Pharmaceuticals, Inc. (the “Corporation”).
LICENSE AGREEMENT by and between KINEX PHARMACEUTICALS, INC. and PHARMAESSENTIA CORP December 16, 2013License Agreement • May 7th, 2020 • Athenex, Inc. • Pharmaceutical preparations • New York
WHEREAS , Kinex owns or Controls the Kinex Intellectual Property necessary for the manufacture and sale of Oraxol and Oratecan ( as such capitalized terms are hereinafter defined) in the Territory, including an exclusive license granted by Hanmi Pharmaceutical Co. Ltd. to Kinex for Kinex’s use, and sublicense to any Third Party for use, of the Intellectual Property to Develop and Commercialize the Compound and the Licensed Products (defined below) in all major markets worldwide except for Korea, Japan and India in Asia;
FIRST AMENDMENT TO THE AGREEMENT FOR MEDICAL TECHNOLOGY RESEARCH, DEVELOPMENT, INNOVATION AND COMMERCIALIZATION ALLIANCEAgreement for Medical Technology Research, Development, Innovation and Commercialization Alliance • May 12th, 2017 • Athenex, Inc. • Pharmaceutical preparations
This FIRST AMENDMENT TO THE AGREEMENT FOR MEDICAL TECHNOLOGY RESEARCH, DEVELOPMENT, INNOVATION AND COMMERCIALIZATION ALLIANCE (“First Amendment”) is effective as of July 21, 2015, (“First Amendment Effective Date”) and is between FORT SCHUYLER MANAGEMENT CORPORATION (“FSMC”), a not-for-profit corporation existing under the laws of the State of New York, having its office located at 257 Fuller Road, Albany, New York 12203 and KINEX PHARMACEUTICALS, INC. (“KINEX”), a Delaware corporation with its principal office located at 701 Ellicott Street, Buffalo, New York 14203. Capitalized terms used but not defined in this First Amendment shall have the meanings set forth in the Agreement (as defined below).
SECOND AMENDMENT TO LICENSE AND DEVELOPMENT AGREEMENTLicense and Development Agreement • August 7th, 2019 • Athenex, Inc. • Pharmaceutical preparations
This SECOND AMENDMENT TO LICENSE AND DEVELOPMENT AGREEMENT (this “Second Amendment”) is made and entered into as of this 18th day of June, 2019 (“Effective Date”) by and between Athenex, Inc., a corporation organized and existing under the laws of the state of Delaware, USA, with a principal place of business at 1001 Main Street, Suite 600, Buffalo, New York 14203 (“Athenex”), Almirall S.A., a corporation organized and existing under the laws of Spain with a principal place of business at Ronda del General Mitre 151, Barcelona 08022 (“Almirall”), and Almirall LLC (formerly named, Aqua Pharmaceuticals, LLC), a limited liability company organized and existing under the laws of the Commonwealth of Pennsylvania, with a principal place of business at 707 Eagleview Blvd., Suite 200, Exton, PA 19341 (“Almirall LLC”).
FIFTH AMENDMENT TO LICENSE AGREEMENTLicense Agreement • March 11th, 2019 • Athenex, Inc. • Pharmaceutical preparations
THIS FIFTH AMENDMENT TO LICENSE AGREEMENT (this “Fifth Amendment”) is made and entered as of September 4, 2018 (“Effective Date”), by and between ATHENEX INC., (formerly known as Kinex Pharmaceuticals INC. and prior, Kinex Pharmaceuticals, LLC.), a publicly traded corporation organized and existing under the laws of the State of Delaware, and having its principal office in Suite 600, Conventus Building, 1001 Main Street, Buffalo, New York 14203, United States (“Athenex”) and HANMI PHARMACEUTICAL CO., LTD., a publicly traded company existing under the laws of South Korea and having its principal office at 14, Wiryeseong-daero, Songpa-gu, Seoul, 05545, South Korea (“Hanmi”).
SUBLICENSE AGREEMENT by and among CHONGQING TAIHAO PHARMACEUTICAL CO LTD, CHONGQING JINGDONG JUNZHUO PHARMACEUTICAL CO., LTD. and ATHENEX, INC. December 30, 2018Sublicense Agreement • January 3rd, 2019 • Athenex, Inc. • Pharmaceutical preparations • New York
THIS SUBLICENSE AGREEMENT (this “Sublicense Agreement”) is made as of December 30, 2018 (the “Effective Date”), by and among Chongqing Taihao Pharmaceutical Co Ltd,, a company organized and existing under the laws of China and having its principal office at C—5 #105 C-5, Er Lang Chuang Ye Road, Jiulongpo District, Chongqing, China (“Sublicensor” or “Taihao”), Chongqing Jingdong Junzhuo Pharmaceutical Co., Ltd, a company organized and existing under the laws of China and having its principal office at 26# West Honghu Road Yubei District, Chongqing, China (“Sublicensee” or “Jingdong”) and solely for purposes of Section 10.13 herein, Athenex, Inc., a company organized and existing under the laws of the State of Delaware and having its principal office at Conventus Building, 1001 Main Street, Suite 600, Buffalo, New York, 14203 (“Athenex” and together with Sublicensor and Sublicensee, the “Parties” and each individually, a “Party”).
INTERCREDITOR AGREEMENTIntercreditor Agreement • November 5th, 2020 • Athenex, Inc. • Pharmaceutical preparations • New York
THIS INTERCREDITOR AGREEMENT is made as of August 4, 2020 (this “Agreement”), by and among oaktree fund administration, LLC, in its capacity as administrative agent for the holders of the First Lien Obligations (as defined herein) (in such capacity, the “First Lien Agent”), and Sagard Healthcare Royalty Partners, LP (“SHRP”), and as acknowledged by ATHENEX, INC., a Delaware corporation (the “Borrower”).
THIRD AMENDMENT TO CREDIT AND GUARANTY AGREEMENT AND FIRST AMENDMENT TO THE WARRANTSCredit and Guaranty Agreement • March 16th, 2022 • Athenex, Inc. • Pharmaceutical preparations • New York
THIS THIRD AMENDMENT TO CREDIT AND GUARANTY AGREEMENT AND FIRST AMENDMENT TO THE WARRANTS (this “Amendment”), dated as of January 19, 2022, is made by and among ATHENEX, INC., a Delaware corporation (as applicable, the “Borrower” and “Issuer”), the Lenders and warrant holders party hereto and OAKTREE FUND ADMINISTRATION, LLC, as administrative agent for the Lenders (in such capacity, the “Administrative Agent”).
The Athenex Pharmaceutical Base Project Located in the Chongqing Maliu Riverside Development Zone Agreement Chongqing Maliu Riverside Development and Investment Co., Ltd. October 16, 2015Investment Agreement • May 1st, 2017 • Athenex, Inc. • Pharmaceutical preparations
CAPITAL GRANTGrant Disbursement Agreement • November 9th, 2017 • Athenex, Inc. • Pharmaceutical preparations • New York
This GRANT DISBURSEMENT AGREEMENT (“Agreement”) includes all exhibits and attachments hereto and is made on the terms and by the parties listed below and relates to the Project described below:
SUPPLEMENTAL AGREEMENT TO THE LICENSE AGREEMENT DATED DECEMBER 12, 2019 March 31, 2020Supplemental Agreement to License Agreement • March 16th, 2022 • Athenex, Inc. • Pharmaceutical preparations
SECURITY AGREEMENTSecurity Agreement • August 6th, 2020 • Athenex, Inc. • Pharmaceutical preparations • New York
THIS SECURITY AGREEMENT (this “Agreement”), dated as of June 19, 2020, is made by and among Athenex, Inc., a Delaware corporation (the “Borrower”), the Borrower’s Subsidiaries named in the signature pages hereto or having acceded hereto pursuant to Section 24 (each a “Subsidiary Guarantor” and, together with the Borrower, each a “Grantor” and, collectively, the “Grantors”), and Oaktree Fund Administration, LLC, as administrative agent for the Lenders referred to below (in such capacity, together with its successors and assigns, the “Administrative Agent”).
FOURTH AMENDMENT TO LICENSE AGREEMENTLicense Agreement • May 12th, 2017 • Athenex, Inc. • Pharmaceutical preparations
THIS FOURTH AMENDMENT TO LICENSE AGREEMENT (this “Fourth Amendment”) is made and entered as of March 7, 2017 (“Effective Date”), by and between ATHENEX INC., (formerly known as Kinex Pharmaceuticals INC. and prior, Kinex Pharmaceuticals, LLC.), a corporation organized and existing under the laws of the State of Delaware, and having its principal office in Suite 600, Conventus Building, 1001 Main Street, Buffalo, New York 14203, United States (‘Athenex”) and HANMI PHARMACEUTICAL CO., LTD., a publicly traded company existing under the laws of South Korea and having its principal office at 14, Wiryeseong-daero, Songpa-gu, Seoul, 05545, South Korea (“Hanmi”).
SECOND AMENDMENT TO LICENSE AGREEMENTLicense Agreement • December 16th, 2016 • Athenex, Inc. • Pharmaceutical preparations
THIS SECOND AMENDMENT TO LICENSE AGREEMENT (this “Second Amendment”) is made and entered into as of October 21, 2013 (“Effective Date”), by and between KINEX PHARMACEUTICALS, INC. (formerly Kinex Pharmaceuticals, LLC), a corporation organized and existing under the laws of the State of Delaware and having its principal office at 701 Ellicott Street, Buffalo, New York 14203, United States (“Kinex”) and HANMI PHARMACEUTICAL LTD., a publicly traded company existing under the laws of South Korea and having its principal office at 14, Wiryeseong-daero, Songpa-gu, Seoul, 138-724 South Korea (“Hanmi”).
SECOND SUPPLEMENTAL AGREEMENT TO LICENSE Agreement DATED DECEMBER 12, 2019License Agreement • August 6th, 2020 • Athenex, Inc. • Pharmaceutical preparations
This SECOND SUPPLEMENTAL AGREEMENT (this “Supplement”) is made and entered into effective as of June 30, 2020 (the “Effective Date”), by and among ATHENEX, INC., a corporation organized and existing under the laws of the State of Delaware USA and having its principal office at Conventus Building, 1001 Main Street, Suite 600, Buffalo, New York 14203, USA (“Athenex”), Chongqing Taihao Pharmaceutical Co. Ltd., a company organized and existing under the laws of China and having its principal office at C-5 #105 C-5, Er Lang Chuang Ye Road, Jiulongpo District, Chongqing, China (“Taihao”), and GUANGZHOU XIANGXUE PHARMACEUTICAL CO., LTD., a company organized and existing under the laws of China and having its principal office at 2 Jinfengyuan Road, Guangzhou, China (“XPH”) Athenex, Taihao, and XPH are sometimes referred to herein individually as a “Party”, and collectively as the “Parties.”
SECOND AMENDED AND RESTATED EXCLUSIVE LICENSE AND OPTION AGREEMENT BY AND BETWEEN BAYLOR COLLEGE OF MEDICINE AND CELL MEDICA, INC. (d/b/a KUUR THERAPEUTICS) Original Effective Date: APRIL 29, 2016 First Restatement Effective Date: FEBRUARY 28, 2020...Exclusive License and Option Agreement • March 16th, 2022 • Athenex, Inc. • Pharmaceutical preparations • New York
This Second Amended and Restated Exclusive License and Option Agreement (the “Second Restated Agreement” or “Agreement” herein), effective as of October 12, 2021 (the “Second Restatement Effective Date”), is by and between Baylor College of Medicine (“Baylor”), a Texas nonprofit corporation having its principal place of business at One Baylor Plaza, Houston, Texas 77030, and Cell Medica Inc., doing business as Kuur Therapeutics, a Texas corporation with its principal place of business at 6200 Savoy Dr., #1200, Houston TX 77036 (“Kuur”, collectively the “Parties”, individually, a “Party.”) As of the Second Restatement Effective Date, this Second Restated Agreement amends and restates that certain Amended and Restated Exclusive License and Option Agreement (the “First Restated Agreement”), entered into on February 28, 2020, (the “First Restatement Effective Date”) by Baylor and Kuur Therapeutics Ltd. (formerly known as Cell Medica Ltd.), and as assigned by Kuur Therapeutics Ltd. to Cell
BINDING TERM SHEET FOR LICENSE dated August 26, 2016 by and between ATHENEX PHARMACEUTICAL DIVISION, LLC (“Athenex”) and GLAND PHARMA LIMITED (“Gland”) (together, the “Parties”, and each a “Party”)License Agreement • December 16th, 2016 • Athenex, Inc. • Pharmaceutical preparations
Product License: Gland is the manufacturer of the Products identified on Schedule A (Products, each a Product). Gland licenses Athenex to distribute the Products in North America (Territory).
