Standard Contracts
AUTOGENOMICS, INC. (a Delaware corporation) [ ˜ ] Shares of Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • February 2nd, 2015 • AutoGenomics, Inc. • Laboratory analytical instruments • Massachusetts
AUTOGENOMICS, INC. Shares of Common Stock Underwriting AgreementUnderwriting Agreement • October 15th, 2008 • AutoGenomics, Inc. • Laboratory analytical instruments • New York
AUTOGENOMICS, INC. (a Delaware corporation) [ ] Shares of Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • January 23rd, 2013 • AutoGenomics, Inc. • Laboratory analytical instruments • Massachusetts
AutoGenomics, Inc., a Delaware corporation (the “Company”), confirms its agreement with Leerink Swann LLC (“Leerink Swann”) and each of the other Underwriters named in Schedule A hereto (collectively, the “Underwriters,” which term shall also include any underwriter substituted as hereinafter provided in Section 10 hereof), for whom Leerink Swann is acting as representative (in such capacity, the “Representative”), with respect to (i) the issue and sale by the Company and the purchase by the Underwriters, acting severally and not jointly, of the respective numbers of shares of common stock, $0.01 par value per share, of the Company (“Common Stock”) set forth in Schedule A, and (ii) the grant by the Company to the Underwriters, severally and not jointly, of the option described in Section 2(b) hereof to purchase all or any part of [ ] additional shares of Common Stock to cover overallotments, if any. The aforesaid [ ] shares of Common Stock (the “Initial Securities”) to be purchased by
INDEMNIFICATION AGREEMENTIndemnification Agreement • October 7th, 2014 • AutoGenomics, Inc. • Laboratory analytical instruments • California
This Indemnification Agreement (this “Agreement”), is made and entered into as of April 28, 2010, by and between AutoGenomics, Inc., a Delaware corporation (the “Company”), and Ram Vairavan (“Indemnitee”).
STANDARD INDUSTRIAL/COMMERCIAL SINGLE-TENANT LEASE — NET (DO NOT USE THIS FORM FOR MULTI-TENANT BUILDINGS)Standard Industrial/Commercial Single-Tenant Lease - Net • October 7th, 2014 • AutoGenomics, Inc. • Laboratory analytical instruments • Delaware
NONEXCLUSIVE PATENT LICENSE AGREEMENTNonexclusive Patent License Agreement • October 7th, 2014 • AutoGenomics, Inc. • Laboratory analytical instruments • Minnesota
THIS NONEXCLUSIVE PATENT LICENSE AGREEMENT (this “Agreement”) shall be effective as of April 14, 2006 (the “Effective Date”). The parties to this Agreement are AutoGenomics, Inc., a Delaware corporation having an address at 2251 Rutherford Road, Carlsbad, CA 92008 (“Licensor”) and the Mayo Foundation for Medical Education and Research, a Minnesota charitable corporation, located at 200 First Street SW, Rochester, Minnesota 55905-0001 (“Mayo”).
AUTOGENOMICS, INC. REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • October 7th, 2014 • AutoGenomics, Inc. • Laboratory analytical instruments • California
This Registration Rights Agreement (this “Agreement”) is made as of this 19th day of July, 2006, by and among AutoGenomics, Inc., a California corporation (the “Company”), MESA Development Inc. of Nevada, a Nevada corporation (“MESA Research”) and the purchasers of the Company’s Series C Convertible Preferred Stock (the “Series C Preferred”) executing and delivering a counterpart signature page to this Agreement from time to time (together with Mesa Research, each individually, a “Purchaser” and collectively, the “Purchasers”).
NONSTATUTORY STOCK OPTION AGREEMENTNonstatutory Stock Option Agreement • October 7th, 2014 • AutoGenomics, Inc. • Laboratory analytical instruments • California
This Nonstatutory Stock Option Agreement (this “Agreement”) is made and entered into as of , (the “Date of Grant”), by and between AutoGenomics, Inc., a California corporation (the “Company”), and (“Optionee”).
AUTOGENOMICS, INC. REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • October 7th, 2014 • AutoGenomics, Inc. • Laboratory analytical instruments • California
This Registration Rights Agreement (this “Agreement”) is made as of this 27th day of September, 2013, by and between AutoGenomics, Inc., a Delaware corporation (the “Company”), Genomic Generation Partners LLC, a Delaware limited liability company, and each other investor that purchases shares of the Common Stock in the Common Stock Offering (as such terms are defined below) and executes and delivers a counterpart signature page to this Agreement from time to time (each, a “Purchaser”).
EMPLOYMENT AGREEMENTEmployment Agreement • October 7th, 2014 • AutoGenomics, Inc. • Laboratory analytical instruments • California
This EMPLOYMENT AGREEMENT (this “Agreement”) is made and entered into as of this 3rd day of January, 2013 (the “Effective Date”), by and between AutoGenomics, Inc., a California corporation (“Employer”), and Fareed Kureshy, an individual (“Employee”).
SECURITY AGREEMENTSecurity Agreement • October 7th, 2014 • AutoGenomics, Inc. • Laboratory analytical instruments • New York
This SECOND LIEN SECURITY AGREEMENT (this “Agreement”), dated as of November , 2012 is entered into by and between AUTOGENOMICS, INC., a Delaware corporation (the “Grantor”) and CITIBANK, N.A., acting through its Citibank Agency & Trust division, as collateral agent (solely in such capacity, together with its successors and assigns, the “Subordinated Notes Collateral Agent”) for the holders (the “Holders”) of the New Notes, as defined below.
NON-EXCLUSIVE SUB-LICENSE AGREEMENT BETWEEN MAYO FOUNDATION FOR MEDICAL EDUCATION AND RESEARCH AND AUTOGENOMICS, INC.Non-Exclusive Sub-License Agreement • September 27th, 2012 • AutoGenomics, Inc. • Laboratory analytical instruments • Minnesota
This License Agreement (“Agreement”), dated April 14, 2006, is between AutoGenomics, Inc., a Delaware corporation having an address at 2251 Rutherford Road, Carlsbad, CA 92008, (“LICENSEE”), and Mayo Foundation for Medical Education and Research, a Minnesota corporation, having an address at 200 First Street SW, Rochester, MN 55905, (“MAYO”). Each hereunder may be referred to separately as the (“Party”), or together as the (“Parties”). The Parties agree:
NON-EXCLUSIVE SUB-LICENSE AGREEMENTNon-Exclusive Sub-License Agreement • October 7th, 2014 • AutoGenomics, Inc. • Laboratory analytical instruments • Minnesota
This License Agreement (“Agreement”), dated April 14, 2006, is between AutoGenomics, Inc., a Delaware corporation having an address at 2251 Rutherford Road, Carlsbad, CA 92008, (“LICENSEE”), and Mayo Foundation for Medical Education and Research, a Minnesota corporation, having an address at 200 First Street SW, Rochester, MN 55905, (“MAYO”). Each hereunder may be referred to separately as the (“Party”), or together as the (“Parties”). The Parties agree:
NINTH AMENDMENT TO STANDARD INDUSTRIAL/COMMERCIAL SINGLE-TENANT LEASE – NETStandard Industrial/Commercial Single-Tenant Lease – Net • January 23rd, 2013 • AutoGenomics, Inc. • Laboratory analytical instruments • California
THIS NINTH AMENDMENT TO STANDARD INDUSTRIAL/COMMERCIAL SINGLE-TENANT LEASE – NET (this “Amendment”) is made this 27th day of December, 2012, by PCCP DJ ORTHO, LLC, a Delaware limited liability company (“Lessor”), and AUTOGENOMICS, INC., a Delaware corporation (“Lessee”).
ContractWarrant Agreement • July 25th, 2008 • AutoGenomics, Inc.
THE SECURITIES EVIDENCED BY THIS WARRANT ARE RESTRICTED SECURITIES AND MAY NOT BE SOLD OR OFFERED FOR SALE EXCEPT IN COMPLIANCE WITH THE SECURITIES ACT OF 1933, AS AMENDED, AND ALL APPLICABLE STATE SECURITIES LAWS.
FIRST AMENDMENT TO STANDARD INDUSTRIAL/COMMERCIAL SINGLE—TENANT LEASE—NETStandard Industrial/Commercial Single-Tenant Lease-Net • April 15th, 2010 • AutoGenomics, Inc. • Laboratory analytical instruments
THIS FIRST AMENDMENT TO STANDARD INDUSTRIAL/COMMERCIAL SINGLE -TENANT LEASE—NET (this “Amendment”), dated August 6, 2009, is made by and between PCCP DJ ORTHO, LLC, a Delaware limited liability company (“Lessor”) and AUTOGENOMICS, INC., a Delaware corporation (“Lessee”).
AGREEMENT AND PLAN OF MERGER BETWEEN AUTOGENOMICS, INC., A DELAWARE CORPORATION, AND AUTOGENOMICS, INC., A CALIFORNIA CORPORATIONMerger Agreement • October 15th, 2008 • AutoGenomics, Inc. • Laboratory analytical instruments
THIS AGREEMENT AND PLAN OF MERGER, dated as of October 1, 2008 (the “Agreement”), is between Autogenomics, Inc., a Delaware corporation (“AutoGenomics-Delaware”), and Autogenomics, Inc., a California corporation (“AutoGenomics-California”). AutoGenomics-Delaware and AutoGenomics-California are sometimes referred to herein as the “Constituent Corporations.”
FIRST AMENDMENT TO STANDARD INDUSTRIAL/COMMERCIAL SINGLE - TENANT LEASE – NETStandard Industrial/Commercial Single-Tenant Lease • September 27th, 2012 • AutoGenomics, Inc. • Laboratory analytical instruments
THIS FIRST AMENDMENT TO STANDARD INDUSTRIAL/COMMERCIAL SINGLE - TENANT LEASE — NET (this “Amendment”), dated August 6, 2009, is made by and between PCCP DJ ORTHO, LLC, a Delaware limited liability company (“Lessor”) and AUTOGENOMICS, INC., a Delaware corporation (“Lessee”).
