SECTION ONE: DEFINITIONS 1.01 Adoption Agreement................................................................... 1 1.02 Basic Plan Document.................................................................. 1 1.03...Nabi /De/ • June 8th, 2000 • Biological products, (no disgnostic substances)
PRICE PER NUMBER TO BE SHARE IN AGGREGATE PURCHASED DOLLARS PRICE -------------- --------- --------- $ $Purchase Agreement • July 14th, 2003 • Nabi Biopharmaceuticals • Biological products, (no disgnostic substances) • New York
NABI 5800 PARK OF COMMERCE BOULEVARD, N.W. BOCA RATON, FLORIDA 33487Letter Agreement • March 25th, 2002 • Nabi Biopharmaceuticals • Biological products, (no disgnostic substances) • Massachusetts
NABI BIOPHARMACEUTICALS ------------------------------------------------------- ------------------------- EXHIBIT 10.34 INDEMNIFICATION AGREEMENT This Indemnification Agreement is made and entered into this 25th day of November, 2002, between Nabi...Indemnification Agreement • February 28th, 2003 • Nabi Biopharmaceuticals • Biological products, (no disgnostic substances) • Delaware
AMENDMENT NO. 5 DATED AS OF OCTOBER 25, 2000 TO LOAN AND SECURITY AGREEMENTNabi /De/ • March 5th, 2001 • Biological products, (no disgnostic substances) • Georgia
CHANGE IN CONTROL EXECUTIVE COMPENSATION PACKAGE DATED SEPTEMBER 18, 1998 BETWEEN DAVID J. GURY AND NABINabi /De/ • March 31st, 1999 • Biological products, (no disgnostic substances) • Florida
AMENDMENT NO. 6 dated as of October 10, 2001 to LOAN AND SECURITY AGREEMENTLoan and Security Agreement • March 25th, 2002 • Nabi Biopharmaceuticals • Biological products, (no disgnostic substances) • Georgia
REPRESENTATIVE COMMON STOCK PURCHASE WARRANT VAXART, INC.Vaxart, Inc. • September 24th, 2019 • Biological products, (no disgnostic substances) • New York
THIS WARRANT TO PURCHASE COMMON STOCK (the “Warrant”) certifies that, for value received, (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 date hereof (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on , 2024(1) (the “Termination Date”), but not thereafter, to subscribe for and purchase from Vaxart, Inc., a Delaware corporation (the “Company”), up to shares (as subject to adjustment hereunder, the “Warrant Shares”) of 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). This Warrant is issued pursuant to that certain Underwriting Agreement, by and between the Company and H.C. Wainwright & Co., LLC as representative of the several underwriters listed in Schedule A thereto, dated as of , 2019 (the “Underwriting Agreement”).
EXHIBIT 10.2 [***] A CONFIDENTIAL PORTION OF THE MATERIAL HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. LOAN AND SECURITY AGREEMENTLoan and Security Agreement • July 25th, 2003 • Nabi Biopharmaceuticals • Biological products, (no disgnostic substances) • New York
AMENDMENT NO. 4 DATED AS OF FEBRUARY 1, 2000 TO LOAN AND SECURITY AGREEMENTNabi /De/ • March 15th, 2000 • Biological products, (no disgnostic substances) • Georgia
RECITALSRights Agreement • February 28th, 2003 • Nabi Biopharmaceuticals • Biological products, (no disgnostic substances)
NABI andRights Agreement • August 21st, 1997 • Nabi /De/ • Biological products, (no disgnostic substances) • Delaware
COMMON STOCK PURCHASE WARRANT VAXART, INC.Common Stock Purchase Warrant • September 11th, 2019 • Vaxart, Inc. • Biological products, (no disgnostic substances) • New York
THIS WARRANT TO PURCHASE COMMON STOCK (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 [ISSUE DATE] (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on , 2024 (the “Termination Date”) but not thereafter, to subscribe for and purchase from Vaxart, Inc., a Delaware corporation (the “Company”), up to shares (as subject to adjustment hereunder, the “Warrant Shares”) of 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).
BACKGROUNDNabi /De/ • September 24th, 2001 • Biological products, (no disgnostic substances)
SECTION ONE: DEFINITIONS 1.01 Adoption Agreement................................................................... 1 1.02 Basic Plan Document.................................................................. 1 1.03...Nabi /De/ • June 8th, 2000 • Biological products, (no disgnostic substances)
At Market Issuance Sales AgreementVaxart, Inc. • December 20th, 2018 • Biological products, (no disgnostic substances) • New York
NABIRegistration Rights Agreement • July 25th, 2000 • Nabi /De/ • Biological products, (no disgnostic substances) • Delaware
NABI ANDRights Agreement • March 31st, 1998 • Nabi /De/ • Biological products, (no disgnostic substances) • Delaware
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • March 2nd, 2020 • Vaxart, Inc. • Biological products, (no disgnostic substances) • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of February 27, 2020, between Vaxart, Inc., a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”).
EXHIBIT 10.3 [***] A CONFIDENTIAL PORTION OF THE MATERIAL HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. ASSET PURCHASE AGREEMENT BY AND BETWEEN BRAINTREE LABORATORIES, INC.Asset Purchase Agreement • July 25th, 2003 • Nabi Biopharmaceuticals • Biological products, (no disgnostic substances) • Massachusetts
EXHIBIT 4.3 ----------- UNIVAX BIOLOGICS, INC. ---------------------- NONSTATUTORY STOCK OPTION AGREEMENT -----------------------------------Nonstatutory Stock Option Agreement • December 15th, 1995 • North American Biologicals Inc • Biological products, (no disgnostic substances) • Maryland
ContractVaxart, Inc. • February 20th, 2018 • Biological products, (no disgnostic substances) • Delaware
THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR THE SECURITIES LAWS OF ANY STATE AND, EXCEPT AS SET FORTH IN SECTIONS 5.3 AND 5.4 BELOW, MAY NOT BE OFFERED, SOLD, PLEDGED OR OTHERWISE TRANSFERRED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND LAWS OR, IN THE OPINION OF LEGAL COUNSEL IN FORM AND SUBSTANCE SATISFACTORY TO THE COMPANY, SUCH OFFER, SALE, PLEDGE OR OTHER TRANSFER IS EXEMPT FROM SUCH REGISTRATION.
EXHIBIT 10.25 LETTER AMENDMENT TO THIRD AMENDED AND RESTATED REVOLVING CREDIT TERM LOAN AND REIMBURSEMENT AGREEMENT BETWEEN NATIONSBANK AND NABI DATED AUGUST 1, 1996Credit and Term Loan Agreement • March 27th, 1997 • Nabi /De/ • Biological products, (no disgnostic substances)
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • December 29th, 2017 • Aviragen Therapeutics, Inc. • Biological products, (no disgnostic substances)
THIS LOAN AND SECURITY AGREEMENT (as the same may from time to time be amended, modified, supplemented or restated, this “Agreement”) dated as of December 22, 2016 (the “Effective Date”) among OXFORD FINANCE LLC, a Delaware limited liability company with an office located at 133 North Fairfax Street, Alexandria, Virginia 22314 (“Oxford”), as collateral agent (in such capacity, “Collateral Agent”), the Lenders listed on Schedule 1.1 hereof or otherwise a party hereto from time to time including Oxford in its capacity as a Lender (each a “Lender” and collectively, the “Lenders”), and VAXART, INC., a Delaware corporation with offices located at 385 Oyster Point Blvd., Suite 9A, South San Francisco, CA 94080 (“Borrower”), provides the terms on which the Lenders shall lend to Borrower and Borrower shall repay the Lenders. The parties agree as follows:
Nabi Biopharmaceuticals and American Stock Transfer & Trust Company, LLC as Rights Agent Rights Agreement Dated as of August 25, 2011Rights Agreement • August 25th, 2011 • Nabi Biopharmaceuticals • Biological products, (no disgnostic substances) • Delaware
Until the earlier to occur of (i) the tenth business day following a public announcement that a person or group of affiliated or associated persons has acquired beneficial ownership of 4.99% or more of the Common Stock (an “Acquiring Person”) or (ii) ten Business Days (or such later date as may be determined by action of the Board of Directors prior to such time as any person or group of affiliated persons becomes an Acquiring Person) following the commencement or announcement of an intention to make a tender offer or exchange offer the consummation of which would result in the beneficial ownership by a person or group of 4.99% or more of the Common Stock (the earlier of (i) and (ii) being called the “Distribution Date”), the Rights will be evidenced, with respect to any of the Common Stock certificates outstanding as of the Record Date, by such Common Stock certificate (or, with respect to any shares of Common Stock held in book entry form, by the notation in book entry) together with
INDEMNITY AGREEMENTIndemnity Agreement • February 20th, 2018 • Vaxart, Inc. • Biological products, (no disgnostic substances) • Delaware
THIS INDEMNITY AGREEMENT (the “Agreement”) is made and entered into as of [•], 2018, between VAXART, INC., a Delaware corporation (the “Company”), and [•] (“Indemnitee”).
INDEMNIFICATION AGREEMENTIndemnification Agreement • May 6th, 2013 • Biota Pharmaceuticals, Inc. • Biological products, (no disgnostic substances) • Delaware
This Indemnification Agreement, dated _________, 20__, is made between Biota Pharmaceuticals, Inc., a Delaware corporation (the “Company”), and ________________ (the “Indemnitee”).
At Market Issuance Sales AgreementBiota Pharmaceuticals, Inc. • October 2nd, 2015 • Biological products, (no disgnostic substances) • New York
Biota Pharmaceuticals, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”), with MLV & Co. LLC (“MLV”) and FBR Capital Markets & Co. (“FBR”; each of MLV and FBR individually a “Distribution Agent” and collectively the “Distribution Agents”) as follows:
AGREEMENT AND PLAN OF MERGER AND REORGANIZATION among:Agreement and Plan of Merger and Reorganization • October 30th, 2017 • Aviragen Therapeutics, Inc. • Biological products, (no disgnostic substances) • Delaware
EXHIBIT 10.1 [***] A CONFIDENTIAL PORTION OF THE MATERIAL HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. DEVELOPMENT AND LICENSE AGREEMENTDevelopment and License Agreement • July 25th, 2003 • Nabi Biopharmaceuticals • Biological products, (no disgnostic substances) • Delaware
Exhibit 4.2 Flexible Nonstandardized Safe Harbor 401(k) Profit Sharing Plan ADOPTION AGREEMENT ============================================================ ==================== ----------------------------------------------------------...Nabi /De/ • June 8th, 2000 • Biological products, (no disgnostic substances)
EXHIBIT 10.26 EMPLOYMENT AGREEMENT DATED JANUARY 1, 1997 BETWEEN JOHN C. CARLISLE AND NABIEmployment Agreement • March 27th, 1997 • Nabi /De/ • Biological products, (no disgnostic substances) • Florida
EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • November 27th, 2013 • Biota Pharmaceuticals, Inc. • Biological products, (no disgnostic substances) • Georgia
THIS EXECUTIVE EMPLOYMENT AGREEMENT (this “Agreement”), dated as of November 26, 2013 (the “Effective Date”), is between Biota Pharmaceuticals, Inc., a Delaware corporation, (the “Company”), and Peter Azzarello (the “Executive”).
Effective as of June 20, 2003 Mr. David J. Gury 2360 N.W. 43rd Street Boca Raton, FL 33431 Re: Retirement Agreement Dear Mr. Gury: This letter agreement (the "Agreement") between Nabi Biopharmaceuticals ("Nabi") and you (the "Executive") is intended...Letter Agreement • October 29th, 2003 • Nabi Biopharmaceuticals • Biological products, (no disgnostic substances) • Florida
Change of Control Severance Agreement Effective as of September 1, 2005Nabi Biopharmaceuticals • October 21st, 2005 • Biological products, (no disgnostic substances) • Florida
The Board of Directors of Nabi Biopharmaceuticals (the “Corporation”) and the Compensation Committee (the “Committee”) of the Board have determined that it is in the best interests of the Corporation and its shareholders for the Corporation to agree, as provided herein, to pay you termination compensation in the event you should leave the employ of the Corporation under the circumstances described below.
