Affimed N.V. 22,500,000 Common Shares (Par Value €0.01 Per Share) UNDERWRITING AGREEMENTUnderwriting Agreement • April 18th, 2022 • Affimed N.V. • Pharmaceutical preparations • New York
OPEN MARKET SALE AGREEMENTSMOpen Market Sale Agreement • November 10th, 2021 • Affimed N.V. • Pharmaceutical preparations • New York
Affimed N.V. $50,000,000 Common Shares SALES AGREEMENTSales Agreement • October 22nd, 2018 • Affimed N.V. • Pharmaceutical preparations • New York
REGISTRATION RIGHTS AGREEMENT dated as of September 17, 2014 among AFFIMED N.V. and THE SHAREHOLDERS PARTY HERETORegistration Rights Agreement • September 22nd, 2014 • Affimed N.V. • Pharmaceutical preparations • New York
THIS REGISTRATION RIGHTS AGREEMENT dated as of September 17, 2014 (this “Agreement”) by and among Affimed N.V., a Dutch public company with limited liability (the “Company”), and the shareholders listed on the signature pages hereto, as well as any Permitted Transferees (as defined below).
FORM OF DIRECTOR INDEMNIFICATION AGREEMENT betweenDirector Indemnification Agreement • August 19th, 2014 • Affimed Therapeutics B.V. • Pharmaceutical preparations
COLLABORATION AGREEMENTCollaboration Agreement • March 28th, 2024 • Affimed N.V. • Pharmaceutical preparations • New York
This COLLABORATION AGREEMENT (this “Agreement”), made as of November 1, 2022 (the “Effective Date”), is by and between AFFIMED GMBH, a German corporation (“Affimed”), having a primary place of business at Im Neuenheimer Feld 582, 69120 Heidelberg, Germany, and ARTIVA BIOTHERAPEUTICS, INC., a Delaware corporation (“Artiva”), having a primary place of business at 5505 Morehouse Drive, Suite 100, San Diego, CA 92121, USA. Affimed and Artiva are each referred to herein individually as a “Party” and collectively the “Parties”.
AMENDED AND RESTATED LICENSE AND DEVELOPMENT AGREEMENTLicense and Development Agreement • March 25th, 2015 • Affimed N.V. • Pharmaceutical preparations • New York
ORDERED that judgment on priority as to Count 1 (the sole count in the interference: Paper 1, pages 6-7) is awarded against Junior Party Kontermann.
LICENSE AGREEMENTLicense Agreement • June 27th, 2014 • Affimed Therapeutics B.V. • Pharmaceutical preparations • New York
This License Agreement (this “Agreement”), effective as of September 29, 2006 (the “Effective Date”), is entered into by and between XOMA Ireland Limited, a company with limited liability organized under the laws of the Republic of Ireland having offices at Shannon Airport House, Shannon, County Clare, Ireland (with its Affiliates, “XOMA”), and Affimed Therapeutics AG, a company organized under the laws of the Federal Republic of Germany, with offices at Technologiepark, Im Neuenheimer Feld 582, 69120 Heidelberg, Germany (with its Affiliates, “AFFIMED”).
AMENDMENT NO. 1 to the RESEARCH FUNDING AGREEMENT by and between Affimed Therapeutics AG and The Leukemia & Lymphoma SocietyResearch Funding Agreement • June 27th, 2014 • Affimed Therapeutics B.V. • Pharmaceutical preparations
This Amendment (the “Amendment”) is made as of April 29th, 2014 (the “Amendment Effective Date”), by and between The Leukemia and Lymphoma Society, a New York nonprofit corporation with its principal place of business at 1311 Mamaroneck Avenue, White Plains, New York 10605, United States of America (“LLS”) and Affimed Therapeutics AG, a German limited liability company with its principal place of business at Im Neuenheimer Feld 582, 69120 Heidelberg, Germany (“Affimed”). LLS and Affimed are hereinafter referred to individually as the “Party” and together as the “Parties”.
Loan Agreement - Affimed Group Dated 8 January 2021Loan Agreement • April 15th, 2021 • Affimed N.V. • Pharmaceutical preparations
Security Assignment AgreementSecurity Assignment Agreement • December 6th, 2016 • Affimed N.V. • Pharmaceutical preparations
Reference is hereby made to a certain loan arrangement by and among (a) the Bank and (b) Affimed GmbH, a German limited liability company, which loan arrangement is evidenced by, among other documents, a certain Loan Agreement dated as of the date hereof between the Bank and Affimed GmbH (as may from time to time be further amended, modified, supplemented, or restated; hereinafter referred to as the “Loan Agreement”). Affimed is also referred to as “Borrower”.
LEASE CONTRACTLease Agreement • June 27th, 2014 • Affimed Therapeutics B.V. • Pharmaceutical preparations
In this event, the Contracting Parties agree that the period of notice shall be 3 months and it shall begin to run on the first day of the month after the delivery of the written notice of termination to the Tenant.
Amendment No. 5 to Lease Contract dated 1.10. 2009 entered into by and between the following Contractual Parties on the day, month and year specified below:Lease Contract • June 27th, 2014 • Affimed Therapeutics B.V. • Pharmaceutical preparations
Amendment to the Investment Agreement Pre-IPO Financing Affimed Therapeutics AG, Heidelberg, Germany by and betweenInvestment Agreement • August 19th, 2014 • Affimed Therapeutics B.V. • Pharmaceutical preparations
Security Transfer AgreementSecurity Transfer Agreement • December 6th, 2016 • Affimed N.V. • Pharmaceutical preparations
Reference is hereby made to a certain loan arrangement by and among (a) the Bank and (b) Affimed GmbH, a German limited liability company, which loan arrangement is evidenced by, among other documents, a certain Loan Agreement dated as of the date hereof between the Bank and Affimed GmbH (as may from time to time be further amended, modified, supplemented, or restated; hereinafter referred to as the “Loan Agreement”). Affimed is hereinafter also referred to as “Borrower”.
RESEARCH FUNDING AGREEMENT by and between Affimed Therapeutics AG and The Leukemia & Lymphoma SocietyResearch Funding Agreement • June 27th, 2014 • Affimed Therapeutics B.V. • Pharmaceutical preparations • New York
This Agreement (the “Agreement”) is made as of August 26th, 2013 (the “Effective Date”), by and between The Leukemia and Lymphoma Society, a New York nonprofit corporation with its principal place of business at 1311 Mamaroneck Avenue, White Plains, New York 10605, United States of America (“LLS”) and Affimed Therapeutics AG, a German limited liability company with its principal place of business at Im Neuenheimer Feld 582, 69120 Heidelberg, Germany (“Affimed”). LLS and Affimed are sometimes hereinafter referred to individually as the “Party” and together as the “Parties”.
Omnibus DEED OF Pledge dated 30 November 2016 between Affimed N.V. as Pledgor and Silicon Valley Bank as Pledgee in connection with a Loan Agreement and any other related loan documentsOmnibus Deed of Pledge • December 6th, 2016 • Affimed N.V. • Pharmaceutical preparations
Amendment to License AgreementLicense Agreement • May 23rd, 2014 • Affimed Therapeutics B.V. • Pharmaceutical preparations
WHEREAS, the Parties have entered into a license agreement, dated March 5 and March 8, 2001, regarding certain patents of DKFZ (the “License Agreement”); and
Amendment No. 4 to Lease Contract dated 1.10. 2009 entered into by and between the following Contractual Parties on the day, month and year specified below:Lease Contract • June 27th, 2014 • Affimed Therapeutics B.V. • Pharmaceutical preparations
furthermore two (2) parking spaces designated as PA 50 and PA 54, each with an area of approximately 12 m², located on land No. 1538/12 in the cadastral area of Skvrňany, Pilsen municipality,
Term Facility Agreement USD 14,000,000 between Affimed Therapeutics AG and PCOF 1, LLCTerm Facility Agreement • August 19th, 2014 • Affimed Therapeutics B.V. • Pharmaceutical preparations
CONFIDENTIAL RESEARCH COLLABORATION AND LICENSE AGREEMENT BETWEEN AFFIMED GMBH AND GENENTECH, INC. AS OF AUGUST 24, 2018Research Collaboration and License Agreement • August 27th, 2018 • Affimed N.V. • Pharmaceutical preparations
This Research Collaboration and License Agreement (“Agreement”) is made and entered into as of August 24, 2018 (“Signing Date”), by and between Affimed, GmbH, having its principal place of business at Im Neuenheimer Feld 582, 69120 Heidelberg, Germany (“AFMD”), and Genentech, Inc., a Delaware corporation, having its principal place of business at 1 DNA Way, South San Francisco, California 94080 (“GNE”). AFMD and GNE are sometimes referred to herein individually as a “Party” and collectively as the “Parties.”
ContractTerm Facility Agreement • March 30th, 2016 • Affimed N.V. • Pharmaceutical preparations
Affimed GmbH Affimed N.V. Im Neuenheimer Feld 582 69120 Heidelberg Perceptive Credit Opportunities Fund, LP Mr. Edelman 51 Astor Place 10th Floor New York New York 10003 USA
CONFIDENTIAL TREATMENT REQUESTED UNDER RULE 406 UNDER THE SECURITIES ACT OF 1933, AS AMENDED.License Agreement • June 27th, 2014 • Affimed Therapeutics B.V. • Pharmaceutical preparations
[*****] INDICATES OMITTED MATERIAL THAT IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST FILED SEPARATELY WITH THE COMMISSION. THE OMITTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE COMMISSION.
CONFIDENTIAL RESEARCH COLLABORATION AND LICENSE AGREEMENT BETWEEN AFFIMED GMBH AND PHARMAVANT 6 GMBH AS OF NOVEMBER 3, 2020Research Collaboration and License Agreement • November 9th, 2020 • Affimed N.V. • Pharmaceutical preparations • New York
THIS RESEARCH COLLABORATION AND LICENSE AGREEMENT (“Agreement”) is made and entered into as of November 3, 2020 (“Signing Date”), by and between Affimed GmbH, having its principal place of business at Im Neuenheimer Feld 582, 69120 Heidelberg, Germany (“AFMD”), and Pharmavant 6 GmbH, having its principal place of business at Viaduktstrasse 8, 4051 Basel, Switzerland (“NewCo”). AFMD and NewCo are sometimes referred to herein individually as a “Party” and collectively as the “Parties.”
Patent and Technology License AgreementPatent and Technology License Agreement • April 14th, 2021 • Affimed N.V. • Pharmaceutical preparations
This Patent and Technology License Agreement (“Agreement”) is made on the Effective Date, by and between The Board of Regents (“Board”) of The University of Texas System (“System”), an agency of the State of Texas, whose address is 210 West 7th Street, Austin, Texas 78701, on behalf of The University of Texas M. D. Anderson Cancer Center (“MD Anderson”), a member institution of System, and Affimed GmbH, having a principal place of business located at Im Neuenheimer Feld 582, 69120 Heidelberg, Germany (“Licensee” or “Affimed”). Board, on behalf of MD Anderson, and Licensee are each referenced herein as a “Party” and collectively as the “Parties.”
Second Amendment Agreement relating to the Facility Agreement dated July 28, 2014 between Affimed GmbH as Borrower and Affimed N.V. as Dutch Guarantor and Perceptive Credit Opportunities Fund, LP as LenderSecond Amendment Agreement • March 30th, 2016 • Affimed N.V. • Pharmaceutical preparations
CONFIDENTIAL TREATMENT REQUESTED UNDER RULE 406 UNDER THE SECURITIES ACT OF 1933, AS AMENDED.License Agreement • May 23rd, 2014 • Affimed Therapeutics B.V. • Pharmaceutical preparations
[*****] INDICATES OMITTED MATERIAL THAT IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST FILED SEPARATELY WITH THE COMMISSION. THE OMITTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE COMMISSION.
Date: 31 May 2017Loan Modification Agreement • August 1st, 2017 • Affimed N.V. • Pharmaceutical preparations
Account Pledge AgreementAccount Pledge Agreement • December 6th, 2016 • Affimed N.V. • Pharmaceutical preparations
Reference is hereby made to a certain loan arrangement by and among (a) the Bank and (b) Affimed GmbH, a German limited liability company, which loan arrangement is evidenced by, among other documents, a certain Loan Agreement dated as of the date hereof between the Bank and Affimed GmbH (as may from time to time be further amended, modified, supplemented, or restated; hereinafter referred to as the “Loan Agreement”). Affimed is hereinafter also referred to as “Borrower”.
Investment Agreement Series D Round of Financing Affimed Therapeutics AG, Heidelberg, Germany dated 24 September 2012 by and betweenInvestment Agreement • August 19th, 2014 • Affimed Therapeutics B.V. • Pharmaceutical preparations
MEMORANDUM OF CLARIFICATION OF: LICENSE AGREEMENT SIGNED BETWEEN DEUTSCHES KREBSFORSCHUNGSZENTRUM AND AFFIMED THERAPEUTICS AG OF MARCH 8, 2001License Agreement • May 23rd, 2014 • Affimed Therapeutics B.V. • Pharmaceutical preparations
Whereas the Deutsches Krebsforschungszentrum (DKFZ) and Affimed Therapeutics AG (Affimed) have entered into a License Agreement of March 8, 2001 (License Agreement), by which the DKFZ has granted Affimed the right to commercialize certain patent rights regarding various antibody libraries and antibodies, and improvements thereto developed by Prof. Melvyn Little and his research group at the DKFZ;
Affimed GmbH - Im Neuenheimer Feld 582 - 69120 HeidelbergLoan Agreement • March 30th, 2016 • Affimed N.V. • Pharmaceutical preparations
Perceptive Credit Opportunities Fund, LP Attn.: Joseph Edelman 499 Park Avenue, 25th Floor New York, New York 10022 United States of America
Investment Agreement Pre-IPO Financing Affimed Therapeutics AG, Heidelberg, Germany by and betweenInvestment Agreement • August 19th, 2014 • Affimed Therapeutics B.V. • Pharmaceutical preparations
