4D Molecular Therapeutics, Inc. Common Stock, par value $0.0001 per share Underwriting AgreementUnderwriting Agreement • May 9th, 2023 • 4D Molecular Therapeutics, Inc. • Biological products, (no disgnostic substances)
4D Molecular Therapeutics, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated in this agreement (this “Agreement”), to issue and sell to the several Underwriters named in Schedule I hereto (the “Underwriters”) for whom you are acting as representatives (the “Representatives”) an aggregate of 7,500,000 shares of common stock, par value $0.0001 per share (“Stock”), of the Company (the “Firm Shares”) and, at the election of the Underwriters, up to 1,125,000 additional shares of Stock (the “Optional Shares”) (the Firm Shares and the Optional Shares that the Underwriters elect to purchase pursuant to Section 2 hereof being collectively called the “Shares”). In the event that the Company has a single subsidiary or does not have any subsidiaries, then all references herein to “subsidiaries” of the Company shall be deemed to refer to such single subsidiary or to the Company, respectively, mutatis mutandis.
OPEN MARKET SALE AGREEMENTSM4D Molecular Therapeutics Inc. • March 29th, 2022 • Biological products, (no disgnostic substances) • New York
4D MOLECULAR THERAPEUTICS, INC. INDEMNIFICATION AGREEMENTIndemnification Agreement • December 7th, 2020 • 4D Molecular Therapeutics Inc. • Biological products, (no disgnostic substances) • Delaware
This Indemnification Agreement (this “Agreement”) is effective as of «Date» by and between 4D Molecular Therapeutics, Inc., a Delaware corporation (the “Company”), and «Indemnitee» (“Indemnitee”). This Agreement supersedes and replaces any and all previous agreements between the Company and the Indemnitee covering indemnification.
4D MOLECULAR THERAPEUTICS, INC. CHANGE IN CONTROL AND SEVERANCE AGREEMENTChange in Control and Severance Agreement • September 24th, 2021 • 4D Molecular Therapeutics Inc. • Biological products, (no disgnostic substances) • California
This Change in Control and Severance Agreement (the “Agreement”) is made and entered into by and between David Kirn, M.D. (“Executive”) and 4D Molecular Therapeutics, Inc. (the “Company”), effective as of the latest date set forth by the signatures of the parties hereto below (the “Effective Date”).
4D MOLECULAR THERAPEUTICS, INC. CHANGE IN CONTROL AND SEVERANCE AGREEMENTControl and Severance Agreement • February 29th, 2024 • 4D Molecular Therapeutics, Inc. • Biological products, (no disgnostic substances) • California
This Change in Control and Severance Agreement (the “Agreement”) is made and entered into by and between (“Executive”) and 4D Molecular Therapeutics, Inc. (the “Company”), effective as of the latest date set forth by the signatures of the parties hereto below (the “Effective Date”).
EXCLUSIVE LICENSE AND BAILMENT AGREEMENT BETWEEN 4D MOLECULAR THERAPEUTICS, LLC AND THE REGENTS OF THE UNIVERSITY OF CALIFORNIA FOR ADENO-ASSOCIATED VIRUS VARIANTS FOR ENHANCED GENE DELIVERY IN THE PRESENCE OF NEUTRALIZING ANTIBODIESExclusive License and Bailment Agreement • December 7th, 2020 • 4D Molecular Therapeutics Inc. • Biological products, (no disgnostic substances) • California
This exclusive license agreement (“Agreement”) is effective December 19, 2013 (“Effective Date”), by and between THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, a California corporation, whose legal address is 1111 Franklin Street, 12th Floor, Oakland, California 94607-5200, acting through its Office of Technology Licensing, at the University of California, Berkeley, 2150 Shattuck Avenue, Suite 510, Berkeley, CA 94704-1347 (“REGENTS”) and 4D MOLECULAR THERAPEUTICS LLC, a Delaware limited liability company having a principal place of business at 19 Rima Court, Danville, CA 94526 (“LICENSEE”). The parties agree as follows:
4D MOLECULAR THERAPEUTICS, INC.Stock Option Agreement • November 17th, 2020 • 4D Molecular Therapeutics Inc. • Biological products, (no disgnostic substances) • Delaware
This Stock Option Agreement (this “Agreement”) is made and entered into as of «Date_of_Grant» by and between 4D Molecular Therapeutics, Inc., a Delaware corporation (the “Company”), and «Participant» (“Participant”). Unless otherwise defined herein, capitalized terms used herein shall have the same defined meanings as set forth in the 4D Molecular Therapeutics, Inc. 2015 Equity Incentive Plan attached hereto as Exhibit A (the “Plan”).
EXCLUSIVE LICENSE AND BAILMENT AGREEMENT BETWEEN 4D MOLECULAR THERAPEUTICS, LLC AND THE REGENTS OF THE UNIVERSITY OF CALIFORNIA FOR ADENO-ASSOCIATED VIRUS SEROTYPE 2 (AAV2) CAPSID MUTANTS WITH NOVEL PROPERTIES FOR ENHANCED PERFORMANCE FOR GENE THERAPYExclusive License and Bailment Agreement • December 7th, 2020 • 4D Molecular Therapeutics Inc. • Biological products, (no disgnostic substances) • California
This exclusive license agreement (“Agreement”) is effective December 19, 2013 (“Effective Date”), by and between THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, a California corporation, whose legal address is 1111 Franklin Street, 12th Floor, Oakland, California 94607-5200, acting through its Office of Technology Licensing, at the University of California, Berkeley, 2150 Shattuck Avenue, Suite 510, Berkeley, CA 94704-1347 (“REGENTS”) and 4D MOLECULAR THERAPEUTICS LLC, a Delaware limited liability company having a principal place of business at 19 Rima Court, Danville, CA 94526 (“LICENSEE”). The parties agree as follows:
4D Molecular Therapeutics, Inc. Employment AgreementEmployment Agreement • December 7th, 2020 • 4D Molecular Therapeutics Inc. • Biological products, (no disgnostic substances) • California
This Employment Agreement (this “Agreement”), dated as of January 15, 2019, is made by and between 4D Molecular Therapeutics, Inc., a Delaware corporation (together with any successor thereto, the “Company”), and Peter Francis, M.D. (“Executive”) (collectively referred to as the “Parties” or individually referred to as a “Party”).
LICENSE AGREEMENT between 4D Molecular Therapeutics, Inc. and ASTELLAS GENE THERAPIES, INC. Dated as of July 5, 2023License Agreement • November 9th, 2023 • 4D Molecular Therapeutics, Inc. • Biological products, (no disgnostic substances) • New York
This License Agreement (the “Agreement”) is made and entered into effective as of July 5, 2023 (the “Effective Date”) by and between 4D Molecular Therapeutics, Inc., a Delaware corporation (“Licensor”), and Astellas Gene Therapies, Inc. (f/k/a Audentes Therapeutics, Inc.), a Delaware corporation (“AGT”). Licensor and AGT are sometimes referred to herein individually as a “Party” and collectively as the “Parties.”
Collaboration and License AgreementCollaboration and License Agreement • November 17th, 2020 • 4D Molecular Therapeutics Inc. • Biological products, (no disgnostic substances) • California
WHEREAS, 4DMT has expertise and technology in the field of adeno-associated virus vectors useful as a favored delivery vehicle for gene therapy in the human body using 4DMT’s therapeutic vector evolution technology and is pursuing research and development of such products;
COLLABORATION AND LICENSE AGREEMENT BY AND BETWEEN 4D MOLECULAR THERAPEUTICS, INC AND UNIQURE BIOPHARMA B.V. August 6, 2019Collaboration and License Agreement • November 17th, 2020 • 4D Molecular Therapeutics Inc. • Biological products, (no disgnostic substances) • New York
This Collaboration and License Agreement (this “Agreement” or “New CLA”) is entered into and made effective on August 6, 2019 (the “New CLA Effective Date”), by and between 4D Molecular Therapeutics, Inc., a corporation organized and existing under the laws of the State of Delaware and having a principal office located at 5858 Horton St, Emerystation North, Suite 460, Emeryville, CA 94608 (“4DMT”), and uniQure biopharma B.V., a corporation organized and existing under the laws of The Netherlands and having a principal office located at Paasheuvelweg 25a, 1105 BP Amsterdam, The Netherlands (“uniQure”).
SALES AGREEMENTSales Agreement • June 7th, 2024 • 4D Molecular Therapeutics, Inc. • Biological products, (no disgnostic substances) • New York
AMENDED AND RESTATED COLLABORATION AND LICENSE AGREEMENT BY AND BETWEEN 4D MOLECULAR THERAPEUTICS, INC AND UNIQURE BIOPHARMA B.V. August 6, 2019Collaboration and License Agreement • November 17th, 2020 • 4D Molecular Therapeutics Inc. • Biological products, (no disgnostic substances) • New York
This Amended and Restated Collaboration and License Agreement (this “Agreement”) is entered into on and has an effective date of August 6, 2019, (the “Amended CLA Effective Date”) and amends and restates the original Collaboration and License Agreement (the “Original Agreement”), dated January 17, 2014 (the “Original CLA Effective Date” or “Effective Date”), by and between 4D Molecular Therapeutics, Inc, a corporation organized and existing under the laws of the State of Delaware and having a principal office located at 5858 Horton St, Emerystation North, Suite 460, Emeryville, CA 94608 (“4DMT”) (the original 4DMT party to the Agreement was 4D Molecular Therapeutics, LLC, a Delaware limited liability corporation that is now the entity defined as 4DMT in the foregoing), and uniQure biopharma B.V., a corporation organized and existing under the laws of The Netherlands and having a principal office located at Paasheuvelweg 25a, 1105 BP Amsterdam, The Netherlands (“uniQure”). The Original
4D MOLECULAR THERAPEUTICS, INC. CHANGE IN CONTROL AND SEVERANCE AGREEMENTChange in Control and Severance Agreement • November 10th, 2021 • 4D Molecular Therapeutics Inc. • Biological products, (no disgnostic substances) • California
This Change in Control and Severance Agreement (the “Agreement”) is made and entered into by and between Fariborz Kamal (“Executive”) and 4D Molecular Therapeutics, Inc. (the “Company”), effective as of the latest date set forth by the signatures of the parties hereto below (the “Effective Date”).
4D MOLECULAR THERAPEUTICS, INC. AMENDED AND RESTATED CHANGE IN CONTROL AND SEVERANCE AGREEMENT4d Molecular • February 29th, 2024 • 4D Molecular Therapeutics, Inc. • Biological products, (no disgnostic substances) • California
This Amended and Restated Change in Control and Severance Agreement (the “Agreement”) is made and entered into by and between Robert Young Kim (“Executive”) and 4D Molecular Therapeutics, Inc. (the “Company”), effective as of the latest date set forth by the signatures of the parties hereto below (the “Effective Date”).
