AN2 THERAPEUTICS, INC. AND _____________, AS WARRANT AGENT FORM OF PREFERRED STOCK WARRANT AGREEMENT DATED AS OF __________Preferred Stock Warrant Agreement • April 6th, 2023 • AN2 Therapeutics, Inc. • Pharmaceutical preparations • New York
THIS PREFERRED STOCK WARRANT AGREEMENT (this “Agreement”), dated as of [●], between AN2 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”).
AN2 THERAPEUTICS, INC. AND , AS WARRANT AGENT FORM OF COMMON STOCK WARRANT AGREEMENT DATED AS OFCommon Stock Warrant Agreement • April 6th, 2023 • AN2 Therapeutics, Inc. • Pharmaceutical preparations • New York
THIS COMMON STOCK WARRANT AGREEMENT (this “Agreement”), dated as of [●], between AN2 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”).
AN2 THERAPEUTICS, INC. AND , AS WARRANT AGENT FORM OF DEBT SECURITIES WARRANT AGREEMENT DATED AS OFWarrant Agreement • April 6th, 2023 • AN2 Therapeutics, Inc. • Pharmaceutical preparations • New York
THIS DEBT SECURITIES WARRANT AGREEMENT (this “Agreement”), dated as of [●], between AN2 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”).
AN2 THERAPEUTICS, INC. COMMON STOCK SALES AGREEMENTSales Agreement • April 6th, 2023 • AN2 Therapeutics, Inc. • Pharmaceutical preparations • New York
7,777,778 Shares AN2 Therapeutics, Inc. Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • August 16th, 2023 • AN2 Therapeutics, Inc. • Pharmaceutical preparations
AN2 Therapeutics, Inc. and Equiniti Trust Company, LLC as Rights Agent Rights Agreement Dated as of August 15, 2024Rights Agreement • August 19th, 2024 • AN2 Therapeutics, Inc. • Pharmaceutical preparations • Delaware
The Agreement provides that until the Distribution Date (or earlier redemption, exchange, termination or expiration of the Rights), the Rights will be transferred with and only with the Common Stock. Until the Distribution Date (or earlier redemption, exchange, termination or expiration of the Rights), new Common Stock certificates issued after the close of business on the Record Date upon transfer or new issuance of the Common Stock will contain a notation incorporating the Agreement by reference, and the Company will deliver a notice to that effect upon the transfer or new issuance of book entry shares. Until the Distribution Date (or earlier redemption, exchange, termination or expiration of the Rights), the surrender for transfer of any certificates for Common Stock or any book entry shares, with or without such notation, notice or a copy of this Summary of Rights, will also constitute the transfer of the Rights associated with the Common Stock represented by such certificate or th
INDEMNITY AGREEMENTIndemnification Agreement • March 4th, 2022 • AN2 Therapeutics, Inc. • Pharmaceutical preparations • Delaware
THIS INDEMNITY AGREEMENT (this “Agreement”) dated as of , is made by and between AN2 THERAPEUTICS, INC., a Delaware corporation (the “Company”), and (“Indemnitee”).
LICENSE AGREEMENTLicense Agreement • March 4th, 2022 • AN2 Therapeutics, Inc. • Pharmaceutical preparations • New York
This LICENSE AGREEMENT (the “Agreement”) is entered into as of November 20, 2019 (the “Effective Date”) between AN2 Therapeutics, Inc., a company organized under the laws of Delaware (“AN2”) and having its registered office at [***], and Brii Biosciences Limited, an exempted company organized under the laws of the Cayman Islands (“Brii Bio”), having its registered office at [***].
March 5, 2021 AN2 Therapeutics, Inc Re: Amended and Restated Global Health Agreement Ladies and Gentlemen:Global Health Agreement • March 4th, 2022 • AN2 Therapeutics, Inc. • Pharmaceutical preparations • Delaware
This amended and restated global health agreement (“Global Health Agreement”) is entered into in connection with the commitment by Adjuvant Global Health Technology Fund L.P. and Adjuvant Global Health Technology Fund DE L.P. (together, “Adjuvant”) to purchase and subscribe for 198,333 Series B Preferred Shares of AN2 Therapeutics, Inc., a Delaware corporation (the “Company”) at a price of $35.20404 per share (for a total of $6,999,972.84) (the “Investment”) and pursuant to Adjuvant’s prior subscription of 834,724 Series A Preferred Shares at a price of $5.99 per share (for a total of $4,999,996.76). Adjuvant is making the Investment in particular pursuant to the terms of this Global Health Agreement, the Series B Preferred Stock Purchase Agreement dated March 5, 2021, the Amended and Restated Investors’ Rights Agreement dated March 5, 2021 and the amended and restated certificate of incorporation of the Company approved by the stockholders of the Company on March 4, 2021, each such do
LICENSE AGREEMENTLicense Agreement • March 4th, 2022 • AN2 Therapeutics, Inc. • Pharmaceutical preparations • Delaware
THIS LICENSE AGREEMENT (“Agreement”) is made effective as of the 20th day of November, 2019 (the “Effective Date”), by and between AN2 Therapeutics, Inc., a corporation organized and existing under the laws of Delaware with offices at [***] (“Licensee”) and Anacor Pharmaceuticals, Inc., a corporation organized and existing under the laws of Delaware with offices at [***] (“Anacor”). Licensee and Anacor may, from time-to-time, be individually referred to as a “Party” and collectively referred to as the “Parties”.
AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENTInvestors’ Rights Agreement • March 4th, 2022 • AN2 Therapeutics, Inc. • Pharmaceutical preparations • Delaware
THIS AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT (this “Agreement”), is made as of the 5th day of March, 2021, by and among AN2 Therapeutics, Inc., a Delaware corporation (the “Company”), and each of the investors listed on Schedule A hereto, each of which is referred to in this Agreement as an “Investor.”
