Opthea LTD Sample Contracts

OPTHEA LIMITED AND THE BANK OF NEW YORK MELLON As Depositary AND OWNERS AND HOLDERS OF AMERICAN DEPOSITARY SHARES Amended and Restated Deposit Agreement
Deposit Agreement • October 9th, 2020 • Opthea LTD • Biological products, (no disgnostic substances) • New York
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OPTHEA LIMITED AND _____________, AS WARRANT AGENT FORM OF AMERICAN DEPOSITARY SHARES WARRANT AGREEMENT DATED AS OF __________
Warrant Agreement • February 1st, 2022 • Opthea LTD • Biological products, (no disgnostic substances) • New York

THIS AMERICAN DEPOSITARY SHARES WARRANT AGREEMENT (this “Agreement”), dated as of [•], between OPTHEA LIMITED, a company incorporated under the laws of the Commonwealth of Australia (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”).

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OPTHEA LIMITED AND _____________, AS WARRANT AGENT FORM OF DEBT SECURITIES WARRANT AGREEMENT DATED AS OF __________
Warrant Agreement • February 1st, 2022 • Opthea LTD • Biological products, (no disgnostic substances) • New York

THIS DEBT SECURITIES WARRANT AGREEMENT (this “Agreement”), dated as of [•], between OPTHEA LIMITED, a company incorporated under the laws of the Commonwealth of Australia (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”).

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OPTHEA LIMITED [●] American Depositary Shares Representing [●] Ordinary Shares (no par value) Underwriting Agreement
Opthea LTD • October 9th, 2020 • Biological products, (no disgnostic substances) • New York
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Commercial License Agreement
Commercial License Agreement • October 9th, 2020 • Opthea LTD • Biological products, (no disgnostic substances)
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OPTHEA US INC.
And Inventions Assignment Agreement • September 28th, 2023 • Opthea LTD • Biological products, (no disgnostic substances)

On behalf of OPTHEA US, INC. (the “Company”), I am pleased to offer you employment at the Company on the terms set forth in this offer letter agreement (the “Agreement”). As discussed, the terms of this Agreement govern with respect to your employment, which is anticipated to start on October 24 2022 (such actual date of your commencement of employment shall be referred to herein as the “Start Date”).

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OPTHEA US, INC
Opthea LTD • September 29th, 2022 • Biological products, (no disgnostic substances) • California

(b)Annual Bonus. You will be eligible for an annual discretionary performance bonus with a target amount of forty percent (40%) of your base salary, less payroll deductions and withholdings. The amount of this bonus will be determined in the discretion of the Company and based, in part, on your performance and the performance of the Company during the calendar year, as well as any other criteria the Company deems relevant. The Company will pay you this annual bonus, if any, no later than 15th September of the year occurring following the close of the fiscal year ending the immediately preceding June 30. In the event of a Qualifying Termination, your bonus will be prorated based on the number of days you were employed by the Company during the fiscal year..

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OPEN MARKET SALE AGREEMENTSM
Open Market Sale • February 1st, 2022 • Opthea LTD • Biological products, (no disgnostic substances) • New York
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OPTHEA US INC.
Opthea LTD • September 29th, 2022 • Biological products, (no disgnostic substances)

On behalf of OPTHEA US, INC. (the"Company"), I am pleased to offer you employment at the Company on the terms set forth in this offer letter agreement (the "Agreement''). As discussed, the terms of this Agreement. govern with respect to your employment, which is anticipated to start on January 1, 2022 (such actual date of your commencement of employment shall be referred to herein as the "Start Date").

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Contract
Quality Agreement • September 24th, 2020 • Opthea LTD • Biological products, (no disgnostic substances)

Certain information contained in this document, identified by [***], has been redacted because it is both (i) not material and (ii) would likely cause competitive harm to the Registrant if publicly disclosed.

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Development Funding Agreement by and between Opthea Limited and Ocelot SPV LP
Development Funding Agreement • September 29th, 2022 • Opthea LTD • Biological products, (no disgnostic substances) • New York

This Development Funding Agreement (“Agreement”), dated August 12, 2022 (the “Effective Date”), is by and between Opthea Limited ACN 006 340 567, a company incorporated under the laws of Victoria, Australia (“Opthea”), and Ocelot SPV LP, a Delaware limited partnership (“Investor”). Each of Investor and Opthea may be referred to herein individually as a “Party” and collectively as the “Parties”.

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Date] [Director Name] Private and confidential Dear , Non-Executive Director Agreement
Opthea LTD • October 9th, 2020 • Biological products, (no disgnostic substances)

We are pleased to confirm your appointment to the board as a non-executive director of Opthea Limited (ACN 006 340 567) (Company), as well as, to the extent requested by the Company, its subsidiaries from time to time (Subsidiaries) (together, the Group).

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Executive Employment Contract Circadian Technologies Limited ACN 32 006 340 567 Dr Megan Baldwin
Opthea LTD • September 24th, 2020 • Biological products, (no disgnostic substances) • Victoria
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