Standard Contracts
OPEN MARKET SALE AGREEMENTSMOpen Market Sale Agreement • February 9th, 2024 • Sutro Biopharma, Inc. • Biological products, (no disgnostic substances) • New York
SUTRO BIOPHARMA, INC. COMMON STOCK SALES AGREEMENTSales Agreement • October 4th, 2019 • Sutro Biopharma, Inc. • Biological products, (no disgnostic substances) • New York
14,478,764 Shares SUTRO BIOPHARMA, INC. Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • April 2nd, 2024 • Sutro Biopharma, Inc. • Biological products, (no disgnostic substances) • New York
ContractWarrant Agreement • August 29th, 2018 • Sutro Biopharma Inc • Biological products, (no disgnostic substances) • California
THIS 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 IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT AS TO SUCH SECURITIES UNDER SAID ACT OR AN OPINION OF COUNSEL, SATISFACTORY TO THE COMPANY, THAT SUCH REGISTRATION IS NOT REQUIRED.
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • March 16th, 2020 • Sutro Biopharma, Inc. • Biological products, (no disgnostic substances)
THIS LOAN AND SECURITY AGREEMENT (as the same may from time to time be amended, modified, supplemented or restated, this “Agreement”) dated as of February 28, 2020 (the “Effective Date”) among OXFORD FINANCE LLC, a Delaware limited liability company with an office located at 133 North Fairfax Street, Alexandria, Virginia 22314 (“Oxford”), as collateral agent (in such capacity, “Collateral Agent”), the Lenders listed on Schedule 1.1 hereof or otherwise a party hereto from time to time including Oxford in its capacity as a Lender and SILICON VALLEY BANK, a California corporation with an office located at 3003 Tasman Drive, Santa Clara, CA 95054 (“Bank” or “SVB”) (each a “Lender” and collectively, the “Lenders”), and SUTRO BIOPHARMA, INC., a Delaware corporation with offices located at 310 Utah Avenue, Suite 150, South San Francisco, CA 94080 (“Borrower”), provides the terms on which the Lenders shall lend to Borrower and Borrower shall repay the Lenders. The parties agree as follows:
INDEMNITY AGREEMENTIndemnity Agreement • September 17th, 2018 • Sutro Biopharma Inc • Biological products, (no disgnostic substances) • Delaware
This Indemnity Agreement, dated as of ____________________ ____, 2018 is made by and between Sutro Biopharma, Inc., a Delaware corporation (the “Company”), and _______________________________________, a director, officer or key employee of the Company or one of the Company’s subsidiaries or other service provider who satisfies the definition of Indemnifiable Person set forth below (“Indemnitee”).
ContractWarrant Agreement • August 29th, 2018 • Sutro Biopharma Inc • Biological products, (no disgnostic substances) • California
THIS WARRANT AND THE UNDERLYING SECURITIES HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR UNDER THE SECURITIES LAWS OF ANY STATE. THESE SECURITIES MAY NOT BE OFFERED, SOLD OR OTHERWISE TRANSFERRED, PLEDGED OR HYPOTHECATED EXCEPT AS PERMITTED UNDER THE ACT AND APPLICABLE STATE SECURITIES LAWS IN ACCORDANCE WITH APPLICABLE REGISTRATION REQUIREMENTS OR AN EXEMPTION THEREFROM. THE ISSUER OF THESE SECURITIES MAY REQUIRE AN OPINION OF COUNSEL REASONABLY SATISFACTORY TO THE ISSUER THAT SUCH OFFER, SALE, TRANSFER, PLEDGE OR HYPOTHECATION OTHERWISE COMPLIES WITH THE ACT AND ANY APPLICABLE STATE SECURITIES LAWS. THIS WARRANT MUST BE SURRENDERED TO THE COMPANY OR ITS TRANSFER AGENT AS A CONDITION PRECEDENT TO THE SALE, TRANSFER, PLEDGE OR HYPOTHECATION OF ANY INTEREST IN ANY OF THE SECURITIES REPRESENTED HEREBY.
SUMMARY OF BASIC LEASE INFORMATIONLease • August 29th, 2018 • Sutro Biopharma Inc • Biological products, (no disgnostic substances) • California
ContractWarrant Agreement • March 16th, 2020 • Sutro Biopharma, Inc. • Biological products, (no disgnostic substances) • California
THIS 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 IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT AS TO SUCH SECURITIES UNDER SAID ACT OR AN OPINION OF COUNSEL SATISFACTORY TO THE COMPANY, THAT SUCH REGISTRATION IS NOT REQUIRED.
THIRD AMENDMENT TO AMENDED AND RESTATED SUTROVAX AGREEMENTSutrovax Agreement • November 13th, 2023 • Sutro Biopharma, Inc. • Biological products, (no disgnostic substances)
This Third Amendment (“Amendment No. 3”) to the Amended and Restated SutroVax Agreement, dated as of October 12, 2015, as amended on May 9, 2018 and May 29, 2018 (“Amended and Restated Agreement”), is made as of September 28, 2023 (“Amendment No. 3 Effective Date”) by and between Sutro Biopharma, Inc., having its principal place of business at 310 Utah Avenue, Suite 150, South San Francisco, CA 94080, USA (“Sutro”), and Vaxcyte, Inc., having its principal place of business at 825 Industrial Road, Suite 300, San Carlos, CA 94070 (“Vaxcyte”). Sutro and Vaxcyte are each referred to herein individually as a “Party” and collectively as the “Parties.”
SUTRO BIOPHARMA, INC. OMNIBUS AMENDMENT AGREEMENTOmnibus Amendment Agreement • August 29th, 2018 • Sutro Biopharma Inc • Biological products, (no disgnostic substances) • California
This Omnibus Amendment Agreement (this “Amendment”) is made and entered into as of July 26, 2018 by and among Sutro Biopharma, Inc., a Delaware corporation (the “Company”) and the persons and entities listed on the signature pages hereto, and amends (i) that certain Amended and Restated Voting Agreement dated as of May 24, 2018, by and among the Company and certain stockholders of the Company (the “Voting Agreement”), (ii) that certain Amended and Restated Right of First Refusal and Co-Sale Agreement, dated as of May 24, 2018, by and among the Company and certain stockholders of the Company (the “ROFR Agreement”), and (iii) that certain Amended and Restated Investors’ Rights Agreement, dated as of May 24, 2018 by and among the Company and certain stockholders of the Company (the “IRA”). Reference is made to that certain Amended and Restated Series E Preferred Stock Purchase Agreement, dated July 26, 2018, by and among the Company and the Purchasers party thereto (the “Purchase Agreemen
MANUFACTURING RIGHTS AGREEMENTManufacturing Rights Agreement • March 25th, 2024 • Sutro Biopharma, Inc. • Biological products, (no disgnostic substances) • Delaware
This MANUFACTURING RIGHTS AGREEMENT (this “Agreement”), effective as of the Effective Date, is entered into by and between Vaxcyte, Inc., a Delaware corporation (“Vaxcyte”) and Sutro Biopharma, Inc., a Delaware corporation (“Sutro”) (each of Vaxcyte and Sutro, a “Party,” and collectively, the “Parties”).
WARRANT TO PURCHASE SHARES OF PREFERRED STOCK of SUTRO BIOPHARMA, INC. Dated as of Void after the date specified in Section 8Warrant Agreement • August 29th, 2018 • Sutro Biopharma Inc • Biological products, (no disgnostic substances) • California
THIS CERTIFIES THAT, in consideration of the sum of ($ ) and for other value received, , or its registered assigns (the “Holder”), is entitled, subject to the provisions and upon the terms and conditions set forth herein, to purchase from Sutro Biopharma, Inc., a Delaware corporation (the “Company”), Shares (as defined below), in the amounts, at such times and at the price per share set forth in Section 1. The term “Warrant” as used herein shall include this Warrant and any warrants delivered in substitution or exchange therefor as provided herein. This Warrant is issued in connection with the transactions described in the Note and Warrant Purchase Agreement, dated as of , by and among the Company and the purchasers described therein (the “Purchase Agreement”).
COMMON STOCK PURCHASE AGREEMENTCommon Stock Purchase Agreement • August 29th, 2018 • Sutro Biopharma Inc • Biological products, (no disgnostic substances) • Delaware
This COMMON STOCK PURCHASE AGREEMENT (“Agreement”) is made as of July 23rd, 2018 (the “Effective Date”), by and between SUTRO BIOPHARMA, INC., a Delaware corporation (the “Company”), and MERCK SHARP & DOHME CORP., a New Jersey corporation (the “Investor”).
Second Amendment to the Exclusive Patent License and Research Collaboration AgreementExclusive Patent License and Research Collaboration Agreement • November 10th, 2021 • Sutro Biopharma, Inc. • Biological products, (no disgnostic substances)
This Second Amendment to the Exclusive Patent License and Research Collaboration Agreement between the Parties, effective as of July 23, 2018, and as subsequently amended by Amendment #1, effective as of August 26, 2020 (the “Agreement”), is entered into and effective as of the date of last signature below ("Amendment #2") by and between SUTRO BIOPHARMA, INC., a corporation organized and existing under the laws of Delaware (“Sutro”), and MERCK SHARP & DOHME CORP., a corporation organized and existing under the laws of the State of New Jersey (“Merck”).
AMENDED AND RESTATED EXCLUSIVE AGREEMENTExclusive Agreement • September 17th, 2018 • Sutro Biopharma Inc • Biological products, (no disgnostic substances) • California
This Agreement between THE BOARD OF TRUSTEES OF THE LELAND STANFORD JUNIOR UNIVERSITY (“Stanford”), an institution of higher education having powers under the laws of the State of California, and Fundamental Applied Biology, Inc. (“FAB”), a corporation having a principal place of business at 1455 Adams Drive, Bldg. 15, Suite 1015, Menlo Park, CA 94025, is effective on the 3 day of October, 2007 (“Effective Date”).
CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY [*], HAS BEEN OMITTED BECAUSE IT IS NOT MATERIAL AND WOULD LIKELY CAUSE COMPETITIVE HARM TO SUTRO BIOPHARMA, INC. IF PUBLICLY DISCLOSED. LICENSE AND COLLABORATION AGREEMENT by and...License and Collaboration Agreement • August 8th, 2022 • Sutro Biopharma, Inc. • Biological products, (no disgnostic substances) • New York
This License and Collaboration Agreement (this “Agreement”) is entered into as of June 27, 2022 (the “Effective Date”), by and between Sutro Biopharma, Inc., a Delaware corporation having offices at 111 Oyster Point Boulevard, South San Francisco, CA 94080, USA (“Sutro”), and Astellas Pharma Inc., a Japanese corporation having offices at 5-1, Nihonbashi-Honcho 2-chome, Chuo-ku, Tokyo 103-8411, Japan (“Astellas”). Sutro and Astellas are referred to in this Agreement individually as a “Party” and collectively as the “Parties.”
Third Amendment to Lease 888-894 Industrial Road, San Carlos, CALease Agreement • August 9th, 2021 • Sutro Biopharma, Inc. • Biological products, (no disgnostic substances)
This Third Amendment to Lease is dated this 11th day of June 2021 by and between Sutro Biopharma, Inc., a Delaware Corporation (“Lessee”) and Alemany Plaza, LLC, a California Limited Liability Company,
CONSENT AND THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • May 15th, 2023 • Sutro Biopharma, Inc. • Biological products, (no disgnostic substances) • California
THIS CONSENT AND THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”) is entered into as of March 28, 2023, by and among OXFORD FINANCE LLC, a Delaware limited liability company with an office located at 115 South Union Street, Suite 300, Alexandria, VA 22314, as collateral agent (in its individual capacity, “Oxford”; and in its capacity as collateral agent, “Collateral Agent”), the Lenders listed on Schedule 1.1 of the Loan Agreement (as defined below) or otherwise party thereto from time to time including Oxford in its capacity as a Lender, OXFORD FINANCE FUNDING IX, LLC, with an office located at 115 South Union Street, Suite 300, Alexandria, VA 22314 (“OFF IX”), OXFORD FINANCE FUNDING 2019-1, LLC, with an office located at 115 South Union Street, Suite 300, Alexandria, VA 22314 (“OFF 2019-1”), OXFORD FINANCE FUNDING XIII, LLC, with an office located at 115 South Union Street, Suite 300, Alexandria, VA 22314 (“OFF XIII”), and SILICON VALLEY BANK, a division of FIRST-CIT
AMENDED AND RESTATED COLLABORATION AND LICENSE AGREEMENT by and among CELGENE CORPORATION, CELGENE ALPINE INVESTMENT COMPANY II, LLC, and SUTRO BIOPHARMA, INC. Dated as of August 2, 2017Collaboration and License Agreement • September 17th, 2018 • Sutro Biopharma Inc • Biological products, (no disgnostic substances) • New York
This AMENDED AND RESTATED COLLABORATION AND LICENSE AGREEMENT (this “Agreement”) is entered into on the 2nd day of August, 2017 (the “Amendment Effective Date”) by and among Celgene Corporation, a Delaware corporation (“Celgene Corp.”), with respect to all rights and obligations under this Agreement in the United States (subject to Section 14.14), Celgene Alpine Investment Company II, LLC, a Delaware limited liability company (“Celgene Alpine”), with respect to all rights and obligations under this Agreement outside of the United States (subject to Section 14.14) (Celgene Corp. and Celgene Alpine together, “CELGENE”) and Sutro Biopharma, Inc., a Delaware corporation (“SUTRO”). CELGENE and SUTRO are each referred to herein by name or as a “Party” or, collectively, as the “Parties.”
CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY [*], HAS BEEN OMITTED BECAUSE IT IS NOT MATERIAL AND WOULD LIKELY CAUSE COMPETITIVE HARM TO SUTRO BIOPHARMA, INC. IF PUBLICLY DISCLOSED. PURCHASE AND SALE AGREEMENT dated as of...Purchase and Sale Agreement • August 10th, 2023 • Sutro Biopharma, Inc. • Biological products, (no disgnostic substances) • New York
This PURCHASE AND SALE AGREEMENT (this “Agreement”) dated as of June 21, 2023 is between Sutro Biopharma, Inc., a Delaware corporation (“Seller”), and BXLS V – Vault L.P., a Delaware limited partnership (“Purchaser”). Purchaser and Seller are sometimes individually referred to herein as a “Party” and are sometimes collectively referred to herein as the “Parties.”
SUBLEASESublease • November 5th, 2020 • Sutro Biopharma, Inc. • Biological products, (no disgnostic substances) • California
THIS SUBLEASE (this “Sublease”) is made and entered into this 3rd day of September, 2020, by and between Five Prime Therapeutics, Inc., a Delaware corporation (“Sublandlord”), and Sutro Biopharma, Inc., a Delaware corporation (“Subtenant”).
SUTRO BIOPHARMA, INC. THIRD AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENTInvestors’ Rights Agreement • August 29th, 2018 • Sutro Biopharma Inc • Biological products, (no disgnostic substances) • California
This Third Amended and Restated Investors’ Rights Agreement (the “Agreement”) is made as of May 24, 2018, by and among Sutro Biopharma, Inc., a Delaware corporation (the “Company”), and each of the persons and entities who have purchased shares of Series A Preferred Stock (the “Series A Preferred”), Series B Preferred Stock (the “Series B Preferred”), Series C Preferred Stock (the “Series C Preferred”), Series C-2 Preferred Stock (the “Series C-2 Preferred”), Series D Preferred Stock (the “Series D Preferred”), Series D-2 Preferred Stock (the “Series D-2 Preferred”) and Series E Preferred Stock (the “Series E Preferred,” and, together with the Series A Preferred, Series B Preferred, Series C Preferred, Series C-2 Preferred, Series D Preferred and Series D-2 Preferred, the “Preferred Stock”) of the Company (individually, a “Purchaser,” and collectively, the “Purchasers”).
CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY [*], HAS BEEN OMITTED BECAUSE IT IS BOTH (I) NOT MATERIAL AND (II) IS THE TYPE THAT THE REGISTRANT TREATS AS PRIVATE OR CONFIDENTIAL.Option Agreement • March 30th, 2023 • Sutro Biopharma, Inc. • Biological products, (no disgnostic substances)
The purpose of this letter agreement (this “Agreement”), dated as of December 19, 2022 (the “Effective Date”), is to set forth certain terms and conditions between Vaxcyte, Inc. (“Vaxcyte”) and Sutro Biopharma, Inc. (“Sutro”) (each of Vaxcyte and Sutro, a “Party” and collectively, the “Parties”) with respect to (i) the Option (as defined below), and (ii) the grant from Sutro to Vaxcyte of certain rights and authorizations related to [*].
LICENSE AGREEMENT DATED AS OF SEPTEMBER 16, 2014 BY AND BETWEEN SUTRO BIOPHARMA INC. AND MERCK KGAALicense Agreement • August 29th, 2018 • Sutro Biopharma Inc • Biological products, (no disgnostic substances) • England and Wales
This License Agreement (this “Agreement”) is dated as of September 16, 2014 (the “Effective Date”) by and between Sutro Biopharma Inc., a corporation organized under the laws of California having a place of business at 310 Utah Avenue, Suite 150, South San Francisco, CA 94080, USA (“Sutro”), and Merck KGaA a corporation with general partners organized under German law having a place of business at Frankfurter Straße 250, 64293 Darmstadt, Germany (“Merck”). Sutro and Merck may be referred to herein as a “Party” or, collectively, as “Parties”.
CONSENT AND FOURTH AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • May 15th, 2023 • Sutro Biopharma, Inc. • Biological products, (no disgnostic substances) • California
THIS CONSENT AND FOURTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”) is entered into as of April 14, 2023, by and among OXFORD FINANCE LLC, a Delaware limited liability company with an office located at 115 South Union Street, Suite 300, Alexandria, VA 22314, as collateral agent (in its individual capacity, “Oxford”; and in its capacity as collateral agent, “Collateral Agent”), the Lenders listed on Schedule 1.1 of the Loan Agreement (as defined below) or otherwise party thereto from time to time including Oxford in its capacity as a Lender, OXFORD FINANCE FUNDING IX, LLC, with an office located at 115 South Union Street, Suite 300, Alexandria, VA 22314 (“OFF IX”), OXFORD FINANCE FUNDING 2019-1, LLC, with an office located at 115 South Union Street, Suite 300, Alexandria, VA 22314 (“OFF 2019-1”), OXFORD FINANCE FUNDING XIII, LLC, with an office located at 115 South Union Street, Suite 300, Alexandria, VA 22314 (“OFF XIII”), and SILICON VALLEY BANK, a division of FIRST-CI
EXCLUSIVE LICENSE AGREEMENTExclusive License Agreement • May 13th, 2024 • Sutro Biopharma, Inc. • Biological products, (no disgnostic substances) • New York
This Exclusive License Agreement (this “Agreement”) is dated as of March 29, 2024 (the “Effective Date”) by and between Sutro Biopharma, Inc., a corporation organized under the laws of Delaware having a place of business at 111 Oyster Point Boulevard, South San Francisco, CA 94080, USA (“Sutro”), and Ipsen Pharma SAS, a corporation organized under French law having a place of business at 65 Quai George Gorse, 92100 Boulogne-Billancourt, France (“Ipsen”). Sutro and Ipsen may be referred to herein as a “Party” or, collectively, as “Parties”.
CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY [*], HAS BEEN OMITTED BECAUSE IT IS NOT MATERIAL AND WOULD LIKELY CAUSE COMPETITIVE HARM TO SUTRO BIOPHARMA, INC. IF PUBLICLY DISCLOSED. AMENDMENT TO LICENSE AGREEMENTLicense Agreement • August 8th, 2022 • Sutro Biopharma, Inc. • Biological products, (no disgnostic substances)
This “Amendment” is entered into by and between Sutro Biopharma, Inc. (“Sutro”) and Tasly Biopharmaceuticals Co., Ltd. (“Licensee”; together with Sutro, the “Parties”), to amend the License Agreement entered into between the Parties as of December 24, 2021 (the “Agreement”). Section numbers and headings identified below correspond with section numbers and headings in the Agreement. Except as otherwise provided, definitions of capitalized terms are defined in the Agreement and incorporated herein by reference.
EXCLUSIVE PATENT LICENSE AND RESEARCH COLLABORATION AGREEMENT by and between SUTRO BIOPHARMA, INC. and MERCK SHARP & DOHME CORP.Exclusive Patent License and Research Collaboration Agreement • September 17th, 2018 • Sutro Biopharma Inc • Biological products, (no disgnostic substances) • New York
This Agreement (“Agreement”) is effective as of July 23rd, 2018, (the “Effective Date”) and is entered into by and between SUTRO BIOPHARMA, INC., a corporation organized and existing under the laws of Delaware (“Sutro”) and MERCK SHARP & DOHME CORP., a corporation organized and existing under the laws of New Jersey (“Merck”).
CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY [*], HAS BEEN OMITTED BECAUSE IT IS NOT MATERIAL AND WOULD LIKELY CAUSE COMPETITIVE HARM TO SUTRO BIOPHARMA, INC. IF PUBLICLY DISCLOSED. LICENSE AGREEMENT BY AND BETWEEN SUTRO...License Agreement • February 28th, 2022 • Sutro Biopharma, Inc. • Biological products, (no disgnostic substances) • New York
This License Agreement (the “Agreement”) is entered into as of December 20, 2021 (the “Effective Date”) by and between Sutro Biopharma, Inc., a Delaware corporation with a place of business at, 111 Oyster Point Boulevard, South San Francisco, CA 94080, U.S.A. (“Sutro”) and Tasly Biopharmaceuticals Co., Ltd., a Chinese corporation with a place of business at 280 JuLi Road, China (Shanghai) Pilot Free Trade Zone, P.C.201203 (“Licensee”). Sutro and Licensee are sometimes referred to herein individually as a “Party” and collectively as the “Parties”.
CONSENT AND FIFTH AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • August 10th, 2023 • Sutro Biopharma, Inc. • Biological products, (no disgnostic substances) • California
THIS CONSENT AND FIFTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”) is entered into as of June 21, 2023, by and among OXFORD FINANCE LLC, a Delaware limited liability company with an office located at 115 South Union Street, Suite 300, Alexandria, VA 22314, as collateral agent (in its individual capacity, “Oxford”; and in its capacity as collateral agent, “Collateral Agent”), the Lenders listed on Schedule 1.1 of the Loan Agreement (as defined below) or otherwise party thereto from time to time including Oxford in its capacity as a Lender, OXFORD FINANCE FUNDING IX, LLC, with an office located at 115 South Union Street, Suite 300, Alexandria, VA 22314 (“OFF IX”), OXFORD FINANCE FUNDING 2019-1, LLC, with an office located at 115 South Union Street, Suite 300, Alexandria, VA 22314 (“OFF 2019-1”), OXFORD FINANCE FUNDING XIII, LLC, with an office located at 115 South Union Street, Suite 300, Alexandria, VA 22314 (“OFF XIII”), and SILICON VALLEY BANK, a division of FIRST-CITI
FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • April 1st, 2019 • Sutro Biopharma, Inc. • Biological products, (no disgnostic substances) • California
THIS FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”) is entered into as of December 5, 2018, by and among OXFORD FINANCE LLC, a Delaware limited liability company with an office located at 133 North Fairfax Street, Alexandria, Virginia 22314, as collateral agent (in its individual capacity, “Oxford”; and in its capacity as collateral agent, “Collateral Agent”), the Lenders listed on Schedule 1.1 of the Loan Agreement (as defined below) or otherwise party thereto from time to time including Oxford in its capacity as a Lender and SILICON VALLEY BANK, a California corporation with an office located at 3003 Tasman Drive, Santa Clara, CA 95054 (“Bank” or “SVB”) (each a “Lender” and collectively, the “Lenders”), SUTRO BIOPHARMA, INC., a Delaware corporation with offices located at 310 Utah Street, Suite 150, South San Francisco, CA 94080 (“Borrower”).
ContractWarrant Agreement • March 16th, 2020 • Sutro Biopharma, Inc. • Biological products, (no disgnostic substances) • California
THIS 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 IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT AS TO SUCH SECURITIES UNDER SAID ACT OR AN OPINION OF COUNSEL SATISFACTORY TO THE COMPANY, THAT SUCH REGISTRATION IS NOT REQUIRED.
CONSENT AND SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • May 15th, 2023 • Sutro Biopharma, Inc. • Biological products, (no disgnostic substances) • California
THIS CONSENT AND SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”) is entered into as of September 15, 2022, by and among OXFORD FINANCE LLC, a Delaware limited liability company with an office located at 115 South Union Street, Suite 300, Alexandria, VA 22314, as collateral agent (in its individual capacity, “Oxford”; and in its capacity as collateral agent, “Collateral Agent”), the Lenders listed on Schedule 1.1 of the Loan Agreement (as defined below) or otherwise party thereto from time to time including Oxford in its capacity as a Lender and SILICON VALLEY BANK, a California corporation with an office located at 3003 Tasman Drive, Santa Clara, CA 95054 (“Bank” or “SVB”) (each a “Lender” and collectively, the “Lenders”), SUTRO BIOPHARMA, INC., a Delaware corporation with offices located at 111 Oyster Point Boulevard, South San Francisco, CA 94080 (“Borrower”).
OPTION AND LICENSE AGREEMENTOption and License Agreement • February 28th, 2022 • Sutro Biopharma, Inc. • Biological products, (no disgnostic substances) • New York
THIS OPTION AND LICENSE AGREEMENT (this “Agreement”), entered into as of October 9, 2021 (the “Effective Date”), is entered into by and between BioNova Pharmaceuticals Limited, a company incorporated under the laws of Hong Kong, having its registered office at Unit 417, 4th floor, Lippo Centre Tower Two, No. 89 Queensway Admiralty, Hong Kong (“BioNova”), and Sutro Biopharma, Inc., with its headquarters at 111 Oyster Point Boulevard, South San Francisco, CA 94080, U.S.A. (“Sutro”).
