AND OWNERS AND HOLDERS OF AMERICAN DEPOSITARY SHARES Deposit Agreement October 9, 2019Deposit Agreement • July 21st, 2020 • BioNTech SE • Biological products, (no disgnostic substances) • New York
DEPOSIT AGREEMENT dated as of October 9, 2019 among BIONTECH SE, a European stock corporation (Societas Europea) incorporated in Germany and governed by the laws of the European Union and the Federal Republic of Germany and registered with the commercial register (Handelsregister) of the local court (Amtsgericht) of Mainz, the Federal Republic of Germany, under number HRB 48720 (herein called the Company), THE BANK OF NEW YORK MELLON, a New York banking corporation (herein called the Depositary), and all Owners and Holders (each as hereinafter defined) from time to time of American Depositary Shares issued hereunder.
BioNTech SE [●] ORDINARY REGISTERED SHARES, NO PAR VALUE, IN THE FORM OF [●] AMERICAN DEPOSITARY SHARES Underwriting AgreementUnderwriting Agreement • July 21st, 2020 • BioNTech SE • Biological products, (no disgnostic substances) • New York
SALES AGREEMENTSales Agreement • November 10th, 2020 • BioNTech SE • Biological products, (no disgnostic substances) • New York
BioNTech SE [●] ORDINARY REGISTERED SHARES, NO PAR VALUE, IN THE FORM OF [●] AMERICAN DEPOSITARY SHARES Underwriting AgreementUnderwriting Agreement • February 3rd, 2020 • BioNTech SE • Biological products, (no disgnostic substances) • New York
BioNTech SE, a European stock corporation (Societas Europaea) incorporated in Germany and governed by the laws of the European Union and the Federal Republic of Germany and registered with the commercial register (Handelsregister) of the local court (Amtsgericht) of Mainz, Federal Republic of Germany, under number HRB 48720 (the “Company”), proposes to issue and sell to the several underwriters listed in Schedule 1 hereto (the “Underwriters”), for whom you are acting as representatives (the “Representatives”), an aggregate of [●] ordinary registered shares (Namensaktien) of the Company with no par value and a notional amount attributable to each share of €1.00 (any such share an “Ordinary Share”) (the “Underwritten Shares”) in the form of American Depositary Shares (the “Underwritten ADSs”) and, at the option of the Underwriters, up to an additional [●] ordinary shares with no par value of the Company (the “Option Shares”) in the form of American Depositary Shares (the “Option ADSs”).
Pfizer and BioNTech to Potentially Supply the EU with 200 Million Doses of mRNA-based Vaccine Candidate Against SARS-CoV-2Supply Agreement • September 9th, 2020 • BioNTech SE • Biological products, (no disgnostic substances)
• The proposed agreement is intended to provide a supply of 200 million doses and an option to purchase additional 100 million doses, with deliveries starting by the end of 2020, subject to regulatory approval
THE SYMBOL “[***]” DENOTES PLACES WHERE CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) WOULD LIKELY CAUSE COMPETITIVE HARM TO THE COMPANY IF PUBLICLY DISCLOSED Patent Sublicense AgreementPatent Sublicense Agreement • September 9th, 2019 • BioNTech SE • Biological products, (no disgnostic substances) • Pennsylvania
This Patent Sublicense Agreement (“Agreement”) is between CELLSCRIPT, LLC, a Wisconsin limited liability company having a place of business at 726 Post Road, Madison, WI 53713, USA, a Wisconsin limited liability company having a place of business at 726 Post Road, Madison, WI 53713, USA (“Cellscript”) and BioNTech AG, a German corporation having its principal place of business at An der Goldgrube 12, 55131 Mainz, Germany (“Company”). This Agreement is effective as of July 14, 2017 (the “Effective Date”). Each of Company and Cellscript are referred to herein as a “Party” and collectively as the “Parties”.
THE SYMBOL “[***]” DENOTES PLACES WHERE CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) WOULD LIKELY CAUSE COMPETITIVE HARM TO THE COMPANY IF PUBLICLY DISCLOSED EUROPEAN COMMISSION...Purchase Agreement • March 27th, 2023 • BioNTech SE • Biological products, (no disgnostic substances)
THE SYMBOL “[***]” DENOTES PLACES WHERE CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) WOULD LIKELY CAUSE COMPETITIVE HARM TO THE COMPANY IF PUBLICLY DISCLOSED COLLABORATION AGREEMENT...Collaboration Agreement • September 9th, 2019 • BioNTech SE • Biological products, (no disgnostic substances)
This Collaboration Agreement (the “Agreement”) is made and entered into as of September 20, 2016 (the “Execution Date”) by and between BioNTech RNA Pharmaceuticals GmbH, a limited liability company organized under the laws of Germany (“RNP”) and BioNTech AG, a stock corporation organized under the laws of Germany (“BNT”) (RNP and BNT collectively, “BioNTech”), and Genentech, Inc., a corporation organized under the laws of the State of Delaware (“GNE”) and F. Hoffmann-La Roche Ltd, a corporation organized under the laws of Switzerland (“Roche”) (GNE and Roche, collectively, “Genentech”). BioNTech and Genentech are sometimes referred to herein individually as a “Party” and collectively as the “Parties.”
ContractLicense and Collaboration Agreement • March 20th, 2024 • BioNTech SE • Biological products, (no disgnostic substances) • New York
[***] Certain information in this document has been omitted from this exhibit because it is both (i) not material and (ii) the type of information that the Registrant treats as private or confidential.
THE SYMBOL “[***]” DENOTES PLACES WHERE CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) WOULD LIKELY CAUSE COMPETITIVE HARM TO THE COMPANY IF PUBLICLY DISCLOSED Patent Sublicense AgreementPatent Sublicense Agreement • September 9th, 2019 • BioNTech SE • Biological products, (no disgnostic substances) • Pennsylvania
This Patent Sublicense Agreement (“Agreement”) is between mRNA RiboTherapeutics, Inc., a Wisconsin corporation having a place of business at 726 Post Road, Madison, WI 53713, USA (“mRNA RiboTherapeutics”) and BioNTech AG, a German corporation having its principal place of business at An der Goldgrube 12, 55131 Mainz, Germany (“Company”). This Agreement is effective as of July 14, 2017 (the “Effective Date“). Each of Company and mRNA RiboTherapeutics are referred to herein as a “Party” and collectively as the “Parties”.
THE SYMBOL “[***]” DENOTES PLACES WHERE CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) WOULD LIKELY CAUSE COMPETITIVE HARM TO THE COMPANY IF PUBLICLY DISCLOSED LICENSE AND CO-DEVELOPMENT...License and Co-Development Agreement • September 9th, 2019 • BioNTech SE • Biological products, (no disgnostic substances)
The following activities will be subject to a detailed 2-way transfer plan for know-how and materials between BioNTech and Genevant on an as-needed basis to support the collaboration:
COLLABORATION AND LICENSE AGREEMENTCollaboration and License Agreement • September 9th, 2019 • BioNTech SE • Biological products, (no disgnostic substances)
This COLLABORATION AND LICENSE AGREEMENT (this Agreement) is entered into effective as of November 2nd, 2015 (the Effective Date), by and between Sanofi, having a place of business at 54, rue La Boétie, 75008 Paris, France (Sanofi), and Biontech RNA Pharmaceuticals GmbH, having a place of business at An der Goldgrube 12, 55131 Mainz, Germany (Biontech). Sanofi and Biontech shall each individually be referred to herein as a Party, and shall be referred to jointly as the Parties.
THE SYMBOL “[***]” DENOTES PLACES WHERE CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) WOULD LIKELY CAUSE COMPETITIVE HARM TO THE COMPANY IF PUBLICLY DISCLOSED COLLABORATION & LICENSE...Collaboration & License Agreement • September 9th, 2019 • BioNTech SE • Biological products, (no disgnostic substances)
This Collaboration & License Agreement (this “Agreement”) is dated as of October 9th 2018 (the “Effective Date”) by and between The Trustees of the University of Pennsylvania, a Pennsylvania nonprofit corporation (“Penn”), and BioNTech RNA Pharmaceuticals GmbH, a German corporation having its principal office at An der Goldgrube 12, 55131 Mainz, Germany (“Licensee”). Penn and Licensee may be referred to herein as a “Party” or, collectively, as “Parties”.
THE SYMBOL “[***]” DENOTES PLACES WHERE CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) WOULD LIKELY CAUSE COMPETITIVE HARM TO THE COMPANY IF PUBLICLY DISCLOSED Amendment No 1 to the...License and Collaboration Agreement • September 9th, 2019 • BioNTech SE • Biological products, (no disgnostic substances)
THE SYMBOL “[***]” DENOTES PLACES WHERE CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) WOULD LIKELY CAUSE COMPETITIVE HARM TO THE COMPANY IF PUBLICLY DISCLOSED AMENDED PATENT LICENSE...Patent License Agreement • September 9th, 2019 • BioNTech SE • Biological products, (no disgnostic substances)
This Agreement is effective as of the 12th day of May, 2015 (the “Effective Date”), between BioNTech AG, a corporation incorporated in Germany, with offices located at An der Goldgrube 12, D-55131 Mainz, Germany (“LICENSEE”); the Board of Supervisors of Louisiana State University and Agricultural and Mechanical College, a public constitutional corporation, organized and existing under the laws of the State of Louisiana (“LSU”); and Uniwersytet Warszawski (the University of Warsaw), a Polish nonprofit corporation (“UW”); LSU and UW sometimes to be referred to, collectively, individually or independently, as “LICENSOR” or “LICENSORS.”
ContractLicense and Option Agreement • March 20th, 2024 • BioNTech SE • Biological products, (no disgnostic substances)
[***] Certain information in this document has been omitted from this exhibit because it is both (i) not material and (ii) is the type of information that the Registrant treats as private or confidential.
THE SYMBOL “[***]” DENOTES PLACES WHERE CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) WOULD LIKELY CAUSE COMPETITIVE HARM TO THE COMPANY IF PUBLICLY DISCLOSED RESEARCH COLLABORATION AND...Research Collaboration and License Agreement • September 9th, 2019 • BioNTech SE • Biological products, (no disgnostic substances) • England and Wales
This Research Collaboration and License Agreement (the “Agreement”) is entered into as of July 20, 2018 (the “Execution Date”), by and between Pfizer Inc., a corporation organized and existing under the laws of Delaware and having a principal place of business at 235 East 42nd Street, New York, New York, 10017 United States (“Pfizer”) and BioNTech RNA Pharmaceuticals GmbH, a corporation organized and existing under the laws of Germany and having a place of business at An der Goldgrube 12, D-55131 Mainz, Germany (“BioNTech RNA”) and BioNTech AG, a corporation organized and existing under the laws of Germany and having a place of business at An der Goldgrube 12, D-55131 Mainz, Germany (“BioNTech AG”). BioNTech RNA and BioNTech AG are collectively referred to herein as “BioNTech”).Pfizer and BioNTech may each be referred to herein individually as a “Party” and collectively as the “Parties.”
THE SYMBOL “[***]” DENOTES PLACES WHERE CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) WOULD LIKELY CAUSE COMPETITIVE HARM TO THE COMPANY IF PUBLICLY DISCLOSED LICENSE AND COLLABORATION...License and Collaboration Agreement • September 9th, 2019 • BioNTech SE • Biological products, (no disgnostic substances) • London
WHEREAS, the Parties desire to jointly research, develop and commercialize polypeptide-based bispecific antibodies using Genmab’s proprietary DuoBody® platform technology against certain target combinations in combination with Genmab’s proprietary inert format technology for the treatment of cancer.
THE SYMBOL “[***]” DENOTES PLACES WHERE CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) WOULD LIKELY CAUSE COMPETITIVE HARM TO THE COMPANY IF PUBLICLY DISCLOSED AMENDMENT No 2 to the...License and Collaboration Agreement • September 9th, 2019 • BioNTech SE • Biological products, (no disgnostic substances)
This Amendment No 2 is made and entered into as of [###] (Amendment No 2 Effective Date) by and between BioNTech AG, a German corporation having its principal office at An der Goldgrube 12, 55131 Mainz, Germany (Biontech) and Genmab A/S, CVR no. 21023884, a Danish corporation having its principal office at Bredgade 34E, DK-1260 Copenhagen K, Denmark, (Genmab) (Biontech and Genmab each a Party and together the Parties).
AGREEMENT AND PLAN OF MERGER by and among: Neon Therapeutics, Inc., a Delaware corporation; BioNTech SE, a Societas Europaea organized and existing under the laws of Germany; and Endor Lights, Inc., a Delaware corporation Dated as of January 15, 2020Merger Agreement • February 3rd, 2020 • BioNTech SE • Biological products, (no disgnostic substances) • Delaware
THIS AGREEMENT AND PLAN OF MERGER (“Agreement”) is made and entered into as of January 15, 2020, by and among: BioNTech SE, a Societas Europaea organized and existing under the laws of Germany, having its registered office at An der Goldgrube 12, 55131 Mainz, Germany and being registered with the commercial register of the local court of Mainz under HRB 48720 (“Parent”); Endor Lights, Inc., a Delaware corporation and a direct, wholly-owned subsidiary of Parent (“Merger Sub”); and Neon Therapeutics, Inc., a Delaware corporation (the “Company”). Certain capitalized terms used in this Agreement are defined in Exhibit A attached hereto.
THE SYMBOL “[***]” DENOTES PLACES WHERE CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) WOULD LIKELY CAUSE COMPETITIVE HARM TO THE COMPANY IF PUBLICLY DISCLOSED AMENDMENTAmendment • September 9th, 2019 • BioNTech SE • Biological products, (no disgnostic substances)
This amendment (this Amendment) is effective as of December 22nd, 2018 (the Amendment Effective Date), entered into by and between Sanofi, having a place of business at 54, rue La Boétie, 75008 Paris, France (Sanofi), and BioNTech RNA Pharmaceuticals GmbH, having a place of business at An der Goldgrube 12, 55131 Mainz, Germany (Biontech). Sanofi and Biontech shall each individually be referred to herein as a Party, and shall be referred to together as the Parties.
THE SYMBOL “[***]” DENOTES PLACES WHERE CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) WOULD LIKELY CAUSE COMPETITIVE HARM TO THE COMPANY IF PUBLICLY DISCLOSED AMENDMENT No 3 to the...License and Collaboration Agreement • September 9th, 2019 • BioNTech SE • Biological products, (no disgnostic substances)
This Amendment No 3 is made and entered into as of the 18 May 2018 (Amendment No 3 Effective Date) by and between BioNTech AG, a German corporation having its principal office at An der Goldgrube 12, 55131 Mainz, Germany (Biontech) and Genmab A/S, CVR no. 21023884, a Danish corporation having its principal office at Kalvebod Brygge 43, DK-1560 Copenhagen V, Denmark, (Genmab).
THE SYMBOL “[***]” DENOTES PLACES WHERE CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) WOULD LIKELY CAUSE COMPETITIVE HARM TO THE COMPANY IF PUBLICLY DISCLOSED DEVELOPMENT AGREEMENTDevelopment Agreement • September 9th, 2019 • BioNTech SE • Biological products, (no disgnostic substances)
This development agreement (this Agreement) is effective as of March 29, 2018 (the Effective Date) and entered into by and between Sanofi, having a place of business at 54, rue La Boétie, 75008 Paris, France (Sanofi), and BioNTech RNA Pharmaceuticals GmbH, having a place of business at An der Goldgrube 12, 55131 Mainz, Germany (Biontech). Sanofi and Biontech shall each individually be referred to herein as a Party, and shall be referred to together as the Parties.
FIRST AMENDMENT TO THE COLLABORATION AGREEMENTCollaboration Agreement • March 30th, 2021 • BioNTech SE • Biological products, (no disgnostic substances)
This FIRST AMENDMENT TO THE COLLABORATION AGREEMENT ("First Amendment") is made and entered into, effective as of June 1, 2018 ("Amendment Effective Date"), by and between BioNTech RNA Pharmaceuticals GmbH, a limited liability company organized under the laws of Germany ("RNP") and BioNTech AG, a stock corporation organized under the laws of Germany ("BNT") (RNP and BNT collectively, "BioNTech"), and Genentech, Inc., a corporation organized under the laws of the State of Delaware ("GNE") and F. Hoffmann-La Roche Ltd, a corporation organized under the laws of Switzerland ("Roche") (GNE and Roche, collectively, "Genentech"). BioNTech and Genentech are sometimes referred to herein individually as a "Party" and collectively as the "Parties ."
THE SYMBOL “[***]” DENOTES PLACES WHERE CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) WOULD LIKELY CAUSE COMPETITIVE HARM TO THE COMPANY IF PUBLICLY DISCLOSED Lease Agreement for Areas...Lease Agreement • March 27th, 2023 • BioNTech SE • Biological products, (no disgnostic substances)
The Lessee entered into the Lease Agreement for Buildings M537 and M536 (originally concluded between Pharmaserv GmbH & Co. KG and Chiron Behring GmbH & Co. KG) by way of a Takeover Agreement on July 1, 2021, 12:00 a.m. This Lease Agreement shall hereinafter be referred to as the “Old Agreement” and existed between Pharmaserv GmbH as the Lessor and GSK Vaccines GmbH as the Lessee before the takeover by the Lessee. The Old Agreement automatically ends on November 30, 2021, 12:00 a.m. the following day, according to the Takeover Agreement. The Parties have therefore agreed to reorganize the tenancy from December 1, 2021, 12:00 a.m., under this Lease Agreement.
BioNTech SE UP TO [●] ORDINARY REGISTERED SHARES (INCLUDING ORDINARY REGISTERED SHARES REPRESENTED BY AMERICAN DEPOSITARY SHARES) ISSUABLE UPON EXERCISE OF RIGHTS TO SUBSCRIBE FOR SUCH SHARES Dealer Manager and Subscription Agent AgreementDealer Manager and Subscription Agent Agreement • July 21st, 2020 • BioNTech SE • Biological products, (no disgnostic substances) • New York
ContractAmendment to Letter Agreement • March 30th, 2022 • BioNTech SE • Biological products, (no disgnostic substances)
THE SYMBOL “[***]” DENOTES PLACES WHERE CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) WOULD LIKELY CAUSE COMPETITIVE HARM TO THE COMPANY IF PUBLICLY DISCLOSED SECOND AMENDMENT TO THE...Collaboration Agreement • March 30th, 2021 • BioNTech SE • Biological products, (no disgnostic substances)
This SECOND AMENDMENT (the “Second Amendment”) is made and entered into, effective as of December 6, 2019 (the “Second Amendment Effective Date”), by and between BioNTech RNA Pharmaceuticals GmbH, a limited liability company organized under the laws of Germany (“RNP”) and BioNTech SE, a European stock corporation (“BNT”) (RNP and BNT collectively, “BioNTech”), and Genentech, Inc., a corporation organized under the laws of the State of Delaware (“GNE”) and F. Hoffmann-La Roche Ltd, a corporation organized under the laws of Switzerland (“Roche”) (GNE and Roche, collectively, “Genentech”).
COLLABORATION, LICENSE AND OPTION AGREEMENTCollaboration, License and Option Agreement • March 20th, 2024 • BioNTech SE • Biological products, (no disgnostic substances) • England and Wales
This COLLABORATION, LICENSE AND OPTION AGREEMENT (this "Agreement") is entered into this 26th day of October, 2023 (the "Execution Date"), by and between
THE SYMBOL “[***]” DENOTES PLACES WHERE CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT BECAUSE IT IS BOTH (i) NOT MATERIAL, ANDPatent Sublicense Agreement • March 30th, 2021 • BioNTech SE • Biological products, (no disgnostic substances)
This is the Second Amendment ("Second Amendment") to the Patent Sublicense Agreement which became effective on July 19, 2017, as amended in the First Amendment which became effective on February 10, 2020 (together, the “Agreement”) by and between mRNA RiboTherapeutics, Inc., a Wisconsin company (“mRNA RiboTherapeutics”) and BioNTech RNA Pharmaceuticals GmbH, a German corporation (“Company”). This Second Amendment is effective as of August 1, 2020 ("Second Amendment Effective Date"). mRNA RiboTherapeutics and Company may herein each be referred to as a "Party" or collectively as the "Parties".
Pfizer and BioNTech to Supply the European Union with up to 1.8 Billion Additional Doses of COMIRNATY®Supply Agreement • May 20th, 2021 • BioNTech SE • Biological products, (no disgnostic substances)
• New agreement to supply 900 million doses to the European Commission (EC), with option to request up to an additional 900 million doses
THE SYMBOL “[***]” DENOTES PLACES WHERE CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) WOULD LIKELY CAUSE COMPETITIVE HARM TO THE COMPANY IF PUBLICLY DISCLOSED FIRST AMENDMENT TO THE...Collaboration Agreement • January 27th, 2020 • BioNTech SE • Biological products, (no disgnostic substances)
THIS FIRST AMENDMENT TO THE COLLABORATION AGREEMENT (“First Amendment”) is made and entered into, effective as of June 1, 2018 (“Amendment Effective Date”), by and between BioNTech RNA Pharmaceuticals GmbH, a limited liability company organized under the laws of Germany (“RNP”) and BioNTech AG, a stock corporation organized under the laws of Germany (“BNT”) (RNP and BNT collectively, “BioNTech”), and Genentech, Inc., a corporation organized under the laws of the State of Delaware (“GNE”) and F. Hoffmann-La Roche Ltd, a corporation organized under the laws of Switzerland (“Roche”) (GNE and Roche, collectively, “Genentech”). BioNTech and Genentech are sometimes referred to herein individually as a “Party” and collectively as the “Parties .”
ADS RIGHTS AGENT AGREEMENTAds Rights Agent Agreement • July 21st, 2020 • BioNTech SE • Biological products, (no disgnostic substances) • New York
BioNTech SE, a European stock corporation (Societas Europaea) incorporated in Germany and governed by the laws of the European Union and the Federal Republic of Germany and registered with the commercial register (Handelsregister) of the local court (Amtsgericht) of Mainz, the Federal Republic of Germany, under number HRB 48720 (the “Company”), will grant to existing holders (the “ADS Holders”) of American Depositary Shares (“ADSs”) issued under the Deposit Agreement dated as of October 9, 2019 (the “Deposit Agreement”) among the Company, The Bank of New York Mellon, as depositary (the “Depositary”), and all Owners and Holders (each as defined in the Deposit Agreement) from time to time of ADSs issued thereunder that are registered on the books of the Depositary as of close of business in New York City on July [●], 2020 (the “ADS Record Date”) the right (the “ADS Rights Offering”) to purchase new ADSs at a purchase price of $[●] per new ADS (the “Purchase Price”). Each ADS Holder will
THE SYMBOL “[***]” DENOTES PLACES WHERE CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) WOULD LIKELY CAUSE COMPETITIVE HARM TO THE COMPANY IF PUBLICLY DISCLOSED UNIVERSITY OF PENNSYLVANIA...Collaboration & License Agreement • March 27th, 2023 • BioNTech SE • Biological products, (no disgnostic substances)
This Amendment No. 2 to the Collaboration & License Agreement (“Amendment No. 2 ”) by and between The Trustees of the University of Pennsylvania, a Pennsylvania nonprofit corporation (“Penn”), with offices located at Penn Center for Innovation, 3600 Civic Center Blvd, 9th Floor, Philadelphia, PA 19104-4310, and BioNTech SE, a German corporation (“Licensee”), having a place of business at An der Goldgrube 12, 55131 Mainz, Germany is effective December 22, 2021 (“Amendment No. 2 Effective Date”). Penn and Licensee may be referred to herein as a “Party” or, collectively, as “Parties”.
SECOND AMENDMENT TO THE COLLABORATION AGREEMENTCollaboration Agreement • March 31st, 2020 • BioNTech SE • Biological products, (no disgnostic substances)
This SECOND AMENDMENT (the “Second Amendment”) is made and entered into, effective as of December 6, 2019 (the “Second Amendment Effective Date”), by and between BioNTech RNA Pharmaceuticals GmbH, a limited liability company organized under the laws of Germany (“RNP”) and BioNTech SE, a European stock corporation (“BNT”) (RNP and BNT collectively, “BioNTech”), and Genentech, Inc., a corporation organized under the laws of the State of Delaware (“GNE”) and F. Hoffmann-La Roche Ltd, a corporation organized under the laws of Switzerland (“Roche”) (GNE and Roche, collectively, “Genentech”).
