9,640,000 Shares Cidara Therapeutics, Inc. UNDERWRITING AGREEMENTUnderwriting Agreement • March 6th, 2023 • Cidara Therapeutics, Inc. • Biological products, (no disgnostic substances) • New York
COMMON STOCK PURCHASE WARRANTCidara Therapeutics, Inc. • May 21st, 2018 • Biological products, (no disgnostic substances) • Delaware
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 “Initial Exercise Date”) and on or prior to the Termination Date but not thereafter, to subscribe for and purchase from Cidara Therapeutics, Inc., a Delaware corporation (the “Company”), up to ______ shares (as subject to adjustment hereunder), the “Warrant Shares”) of the Company’s common stock, par value $0.0001 per share (the “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).
CIDARA THERAPEUTICS, INC., Issuer AND [TRUSTEE], Trustee INDENTURE Dated as of [●], 20 Debt SecuritiesIndenture • November 10th, 2021 • Cidara Therapeutics, Inc. • Biological products, (no disgnostic substances) • New York
INDENTURE, dated as of [●], 20 , among CIDARA THERAPEUTICS, INC., a Delaware corporation (the “Company”), and [TRUSTEE], as trustee (the “Trustee”):
CIDARA THERAPEUTICS, INC. AND , AS WARRANT AGENT FORM OF COMMON STOCK WARRANT AGREEMENT DATED AS OFWarrant Agreement • November 8th, 2018 • Cidara Therapeutics, Inc. • Biological products, (no disgnostic substances) • New York
THIS COMMON STOCK WARRANT AGREEMENT (this “Agreement”), dated as of [•], between CIDARA THERAPEUTICS, INC., a Delaware corporation (the “Company”), and [•], a [corporation] [national banking association] organized and existing under the laws of [•] and having a corporate trust office in [•], as warrant agent (the “Warrant Agent”).
Controlled Equity OfferingSM Sales AgreementCidara Therapeutics, Inc. • May 20th, 2016 • Biological products, (no disgnostic substances) • New York
Cidara Therapeutics, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Cantor Fitzgerald & Co. (the “Agent”), as follows:
Cidara Therapeutics, Inc. Shares of Common Stock (par value $0.0001 per share) Controlled Equity OfferingSM Sales AgreementSales Agreement • November 8th, 2018 • Cidara Therapeutics, Inc. • Biological products, (no disgnostic substances) • New York
Cidara Therapeutics, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Cantor Fitzgerald & Co. (the “Agent”), as follows:
CIDARA THERAPEUTICS, INC. and , AS WARRANT AGENT FORM OF COMMON STOCK WARRANT AGREEMENT DATED AS OF [ ], 20Common Stock Warrant Agreement • November 10th, 2021 • Cidara Therapeutics, Inc. • Biological products, (no disgnostic substances) • New York
THIS COMMON STOCK WARRANT AGREEMENT (this “Agreement”), dated as of between CIDARA THERAPEUTICS, INC., a Delaware corporation (the “Company”), and , a [corporation] [national banking association] organized and existing under the laws of and having a corporate trust office in , as warrant agent (the “Warrant Agent”).
CIDARA THERAPEUTICS, INC. and , AS WARRANT AGENT FORM OF DEBT SECURITIES WARRANT AGREEMENT DATED AS OF [ ], 20Warrant Agreement • November 10th, 2021 • Cidara Therapeutics, Inc. • Biological products, (no disgnostic substances) • New York
THIS DEBT SECURITIES WARRANT AGREEMENT (this “Agreement”), dated as of between CIDARA THERAPEUTICS, INC., a Delaware corporation (the “Company”), and , a [corporation] [national banking association] organized and existing under the laws of and having a corporate trust office in , as warrant agent (the “Warrant Agent”).
CIDARA THERAPEUTICS, INC. and , AS WARRANT AGENT FORM OF PREFERRED STOCK WARRANT AGREEMENT DATED AS OF [ ], 20Preferred Stock Warrant Agreement • November 10th, 2021 • Cidara Therapeutics, Inc. • Biological products, (no disgnostic substances) • New York
THIS PREFERRED STOCK WARRANT AGREEMENT (this “Agreement”), dated as of between CIDARA THERAPEUTICS, INC., a Delaware corporation (the “Company”), and , a [corporation] [national banking association] organized and existing under the laws of and having a corporate trust office in , as warrant agent (the “Warrant Agent”).
Cidara Therapeutics, Inc. and _____________, As Warrant Agent Form Of Debt Securities Warrant Agreement Dated As Of __________Securities Warrant Agreement • May 20th, 2016 • Cidara Therapeutics, Inc. • Biological products, (no disgnostic substances) • New York
This Debt Securities Warrant Agreement (this “Agreement”), dated as of [●], between Cidara Therapeutics, Inc., a Delaware corporation (the “Company”) and [●], a [corporation] [national banking association] organized and existing under the laws of [●] and having a corporate trust office in [●], as warrant agent (the “Warrant Agent”).
CIDARA THERAPEUTICS, INC. LOAN AND SECURITY AGREEMENTLoan and Security Agreement • October 3rd, 2016 • Cidara Therapeutics, Inc. • Biological products, (no disgnostic substances) • North Carolina
This LOAN AND SECURITY AGREEMENT (the “Agreement”) is entered into as of October 3, 2016, by and between PACIFIC WESTERN BANK, a California state chartered bank (“Bank”) and CIDARA THERAPEUTICS, INC., a Delaware corporation (“Borrower”).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • April 24th, 2024 • Cidara Therapeutics, Inc. • Biological products, (no disgnostic substances) • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of April 23, 2024, by and among Cidara Therapeutics, Inc., a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each purchaser, including its successors and assigns, a “Purchaser” and collectively, the “Purchasers”).
CIDARA THERAPEUTICS, INC. SECOND AMENDED AND RESTATED INVESTOR RIGHTS AGREEMENTInvestor Rights Agreement • March 13th, 2015 • Cidara Therapeutics, Inc. • Biological products, (no disgnostic substances) • Delaware
THIS SECOND AMENDED AND RESTATED INVESTOR RIGHTS AGREEMENT (the “Agreement”) is entered into as of the 10th day of February, 2015, by and among CIDARA THERAPEUTICS, INC., a Delaware corporation (formerly known as K2 Therapeutics, Inc.) (the “Company”), the investors listed on Exhibit A hereto (referred to hereinafter as the “Investors” and each individually as an “Investor”), SEACHAID PHARMACEUTICALS, INC. (“Seachaid,” and also referred to as an “Investor” for purposes of Section 2 (other than Section 2.2 or Section 2.4) and Section 3.1 and Section 5 only), and Comerica Bank (“Comerica,” and also referred to as an “Investor” for purposes of Section 2 (other than Section 2.2 or Section 2.4) and Section 5 only).
CIDARA THERAPEUTICS, INC., Issuer AND [TRUSTEE], Trustee INDENTURE Dated as of [·], 20__ Debt SecuritiesIndenture • May 20th, 2016 • Cidara Therapeutics, Inc. • Biological products, (no disgnostic substances) • New York
INDEMNIFICATION AGREEMENTIndemnification Agreement • March 13th, 2015 • Cidara Therapeutics, Inc. • Biological products, (no disgnostic substances) • Delaware
THIS INDEMNIFICATION AGREEMENT (this “Agreement”) dated as of , is made by and between CIDARA THERAPEUTICS, INC., a Delaware corporation (the “Company”), and (“Indemnitee”).
ContractCidara Therapeutics, Inc. • March 13th, 2015 • 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 ANY APPLICABLE STATE SECURITIES LAWS, AND, EXCEPT AND PURSUANT TO THE PROVISIONS OF ARTICLE 4 BELOW, MAY NOT BE OFFERED, SOLD OR OTHERWISE TRANSFERRED WITHOUT AN EFFECTIVE REGISTRATION THEREOF UNDER THE ACT AND ANY APPLICABLE STATE SECURITIES LAWS, OR PURSUANT TO RULE 144 OR AN EXEMPTION FROM THE REGISTRATION REQUIREMENTS OF THE ACT AND ANY APPLICABLE STATE SECURITIES LAWS.
CIDARA THERAPEUTICS, INC. LOAN AND SECURITY AGREEMENTLoan and Security Agreement • February 4th, 2015 • K2 Therapeutics, Inc. • Biological products, (no disgnostic substances) • California
This LOAN AND SECURITY AGREEMENT (this “Agreement”) is entered into as of December 29, 2014, by and between Comerica Bank (“Bank”) and Cidara Therapeutics, Inc., a Delaware corporation (“Borrower”).
Re: Employment Agreement Dear Shane:Employment Agreement • November 3rd, 2022 • Cidara Therapeutics, Inc. • Biological products, (no disgnostic substances) • California
This agreement (the “Agreement”) sets forth the terms of your continued employment as the Chief Legal Officer of Cidara Therapeutics, Inc. (the “Company”). This Agreement will become effective upon your acceptance by executing this Agreement and returning the executed Agreement to me.
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • October 20th, 2017 • Cidara Therapeutics, Inc. • Biological products, (no disgnostic substances) • New York
This SECURITIES PURCHASE AGREEMENT (this “Agreement”) is made and entered into as of October 19, 2017 (the “Effective Date”) by and among Cidara Therapeutics, Inc., a Delaware corporation (the “Company”), and each of those persons and entities, severally and not jointly, listed as a Purchaser on the Schedule of Purchasers attached as Schedule I hereto (each a “Purchaser” and together the “Purchasers”). Certain terms used and not otherwise defined in the text of this Agreement are defined in Section 11 hereof.
Re: Amended & Restated Employment Agreement1 Dear [see Schedule I: “Executive Officer”]:Prior Agreement • August 12th, 2021 • Cidara Therapeutics, Inc. • Biological products, (no disgnostic substances) • California
This employment agreement (the “Agreement”) sets forth the terms of your continued employment as the [see Schedule I: “Position”] of Cidara Therapeutics, Inc. (the “Company”). This Agreement will become effective upon your acceptance by executing this Agreement and returning the executed Agreement to me. As of its effective date, this Agreement replaces and supersedes in its entirety the Employment Agreement between you and the Company dated [see Schedule I: “Prior Agreement Date”] (the “Prior Agreement”) except that the terms of your Employee Confidentiality Assignment and Nonsolicitation Agreement executed on [see Schedule I: “ECANA Date”] (the “Restrictive Covenant Agreement”) shall continue to apply.
July 12, 2014 BY EMAIL Jeff Stein 13525 Samantha Ave San Diego, CA 92129 Re: Amended and Restated Employment Agreement Dear Jeff:Employment Agreement • March 13th, 2015 • Cidara Therapeutics, Inc. • Biological products, (no disgnostic substances) • California
This letter agreement (the “Agreement”) sets forth the terms of your continued employment as the President and Chief Executive Officer (“CEO”) of Cidara Therapeutics, Inc. (the “Company”). This Agreement will become effective upon your acceptance by executing this Agreement and returning the executed Agreement to me. As of its effective date this Agreement replaces and supersedes in its entirety the letter agreement between you and K2 Therapeutics, Inc. dated January 30, 2014 (the “Prior Agreement”) except that the terms of your Employee Confidentiality Assignment and Nonsolicitation Agreement executed on January 30, 2014 (the “Restrictive Covenant Agreement”) shall continue to apply.
July 18, 2014 BY EMAIL Kevin Forrest, Ph.D. Newton, MA 02459 Re: Amended and Restated Employment Agreement Dear Dr. Forrest:Employment Agreement • March 13th, 2015 • Cidara Therapeutics, Inc. • Biological products, (no disgnostic substances) • California
This letter agreement (the “Agreement”) sets forth the terms of your continued employment as Chief Operating Officer (“COO”) of Cidara Therapeutics, Inc. (the “Company”). This Agreement will become effective upon your acceptance by executing this Agreement and returning the executed Agreement to me. As of its effective date this Agreement replaces and supersedes in its entirety the letter agreement between you and K2 Therapeutics, Inc. dated June 25, 2014 (the “Prior Agreement”) except that the terms of your Employee Confidentiality Assignment and Nonsolicitation Agreement executed on May 30, 2014 (the “Restrictive Covenant Agreement”) shall continue to apply.
March 22, 2019Letter Agreement • March 22nd, 2019 • Cidara Therapeutics, Inc. • Biological products, (no disgnostic substances) • New York
THIRD AMENDMENT TO LEASE DATED JULY 1, 2015Cidara Therapeutics, Inc. • November 16th, 2015 • Biological products, (no disgnostic substances)
Nancy Ridge Technology Center, L.P., a California limited partnership (“Lessor”), and Cidara Therapeutics, Inc., a Delaware corporation, formerly known as K-2 Therapeutics, Inc., (“Lessee”), hereby amend the Lease dated June 9, 2014 (the “Original Lease”), as amended by that certain First Amendment to Lease dated as of January 6, 2015 and that certain Second Amendment to Lease dated as of February 15, 2015 (the “First Amendment” and “Second Amendment”; the Original Lease as so amended and as amended hereby, the “Lease"), for Suites #101 thru #103 at 6310 Nancy Ridge Drive, San Diego, CA 92121 (“Premises”) as follows effective July 1, 2015 (the “Expansion Date”):
THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • February 25th, 2021 • Cidara Therapeutics, Inc. • Biological products, (no disgnostic substances)
This Third Amendment to Loan and Security Agreement (this “Amendment”) is made and entered into as of November 5, 2019, by and between PACIFIC WESTERN BANK, a California state chartered bank (“Bank”), and CIDARA THERAPEUTICS, INC. (“Borrower”).
June 26, 2014 BY EMAIL Ken Bartizal, Ph.D. Bend, OR 97701 Re: Employment Agreement Dear Dr. Bartizal:By Email • March 13th, 2015 • Cidara Therapeutics, Inc. • Biological products, (no disgnostic substances) • California
On behalf of K2 Therapeutics, Inc. (the “Company”), I am pleased to offer you the position of the Company’s Chief Development Officer (“CDO”). The terms of your employment are set forth below.
ASSET PURCHASE AGREEMENT ACQUISITION OF CERTAIN ASSETS OF SEACHAID PHARMACEUTICALS, INC. BY K2 THERAPEUTICS, INC. DATED AS OF MAY 30, 2014Asset Purchase Agreement • February 4th, 2015 • K2 Therapeutics, Inc. • Biological products, (no disgnostic substances) • Delaware
This ASSET PURCHASE AGREEMENT is made as of May 30, 2014 by and between K2 THERAPEUTICS, INC., a Delaware corporation (“Purchaser”), and SEACHAID PHARMACEUTICALS, INC., a Delaware corporation (“Seller”).
ASSET PURCHASE AGREEMENT BY AND BETWEEN CIDARA THERAPEUTICS, INC. AND NAPP PHARMACEUTICAL GROUP LIMITED DATED AS OF 24 APRIL, 2024Asset Purchase Agreement • April 29th, 2024 • Cidara Therapeutics, Inc. • Biological products, (no disgnostic substances) • Delaware
This ASSET PURCHASE AGREEMENT (this “Agreement”), dated as of 24 April, 2024, is entered into by and between CIDARA THERAPEUTICS, INC., a Delaware corporation (the “Seller”), and NAPP PHARMACEUTICAL GROUP LIMITED, a company incorporated under the laws of England with company registration number 884285 (the “Buyer”). Capitalized terms used in this Agreement, including the Recitals, have the respective meanings set forth in Article 1.
FIFTH AMENDMENT TO LEASE DATED JANUARY 13, 2020Cidara Therapeutics, Inc. • March 7th, 2022 • Biological products, (no disgnostic substances)
Nancy Ridge Technology Center, L.P., a California limited partnership ("Lessor"), and Cidara Therapeutics, Inc., a Delaware corporation, ("Lessee"), hereby amend the Lease dated June 9, 2014 (as previously amended, the "Lease"), for Suites #101 through #105 at 6310 Nancy Ridge Drive, San Diego, CA 92121 ("Premises") as follows:
SECOND AMENDMENT TO LEASELease • March 13th, 2015 • Cidara Therapeutics, Inc. • Biological products, (no disgnostic substances)
Nancy Ridge Technology Center, L.P., a California limited partnership (“Lessor”), and Cidara Therapeutics, Inc., a Delaware corporation, (“Lessee”), hereby amend the Lease dated June 9, 2014 (the “Original Lease”), as amended by that certain First Amendment to Lease dated as of January 6, 2015 (the “First Amendment”; the Original Lease as so amended, the “Lease”), for Suites #101 thru #103 at 6310 Nancy Ridge Drive, San Diego, CA 92121 (“Premises”) as follows effective February 15, 2015 (the “Expansion Date”):
LICENSE AGREEMENTLicense Agreement • November 3rd, 2022 • Cidara Therapeutics, Inc. • Biological products, (no disgnostic substances) • New York
THIS LICENSE AGREEMENT (this “Agreement”) dated as of July 26, 2022 (the “Effective Date”), is entered into between Cidara Therapeutics, Inc., a Delaware corporation (“Cidara”), having a place of business at 6310 Nancy Ridge Drive, Suite 101, San Diego, CA 92121, and Melinta Therapeutics, LLC, a Delaware limited liability company (together with its subsidiaries, “Melinta”), having a place of business at 44 Whippany Road, Suite 280, Morristown, NJ 07960.
Cidara Therapeutics, Inc. PLACEMENT AGENCY AGREEMENTPlacement Agency Agreement • May 21st, 2018 • Cidara Therapeutics, Inc. • Biological products, (no disgnostic substances) • New York
ADDENDUM TO ASSET PURCHASE AGREEMENTAsset Purchase Agreement • March 13th, 2015 • Cidara Therapeutics, Inc. • Biological products, (no disgnostic substances)
This Addendum to the Asset Purchase Agreement, dated May 30, 2014 (the “Agreement”) between by and between CIDARA THERAPEUTICS, INC., a Delaware corporation (f/k/a K2 Therapeutics, Inc., the “Purchaser”), and SEACHAID PHARMACEUTICALS, INC., a Delaware corporation (“Seller”) is entered into as of September 23, 2014, but shall be deemed effective as of May 30, 2014 (the “Effective Date”). Each capitalized term used but not defined in this Addendum has the same meaning given to such term in the Agreement.
FIRST AMENDMENT TO LICENSE AGREEMENTLicense Agreement • April 29th, 2024 • Cidara Therapeutics, Inc. • Biological products, (no disgnostic substances)
This First Amendment to the License Agreement (“Amendment”) is entered into and effective as of April 23, 2024 (the “Amendment Date”), by and between Melinta Therapeutics, LLC, a Delaware limited liability company, having a place of business at 389 Interpace Parkway, Suite 450, Parsippany, NJ 07054 (together with its subsidiaries, “Melinta”), and Cidara Therapeutics, Inc., a corporation organized under the laws of the State of Delaware, USA, having its principal offices at 6310 Nancy Ridge Drive, Suite 101, San Diego, California 92121, USA (“Cidara”).
SEVENTH AMENDMENT TO LEASE DATED APRIL 20, 2023Cidara Therapeutics, Inc. • May 11th, 2023 • Biological products, (no disgnostic substances)
Nancy Ridge Technology Center, L.P., a California limited partnership (“Lessor”), and Cidara Therapeutics, Inc., a Delaware corporation, (“Lessee”), hereby amend the Lease dated June 9, 2014 (as previously amended, the “Lease”), for Suites #101 through #105 at 6310 Nancy Ridge Drive, San Diego, CA 92121 (“Premises”) as follows:
