EMPLOYMENT AGREEMENTEmployment Agreement • January 28th, 1997 • Antivirals Inc • Oregon
WARRANT AGREEMENT BETWEEN ANTIVIRALS INC.,Warrant Agreement • March 18th, 1999 • Avi Biopharma Inc • Pharmaceutical preparations • Oregon
3,000,000 SHARES OF COMMON STOCK OFUnderwriting Agreement • June 16th, 2000 • Avi Biopharma Inc • Pharmaceutical preparations • Oregon
LICENSE AGREEMENTLicense Agreement • August 7th, 1998 • Antivirals Inc • Pharmaceutical preparations
RECITALSPurchase Agreement • January 25th, 2000 • Avi Biopharma Inc • Pharmaceutical preparations • New York
Exhibit 4.2 REGISTRATION RIGHTS AGREEMENT This Registration Rights Agreement (the "Registration Rights Agreement") is made and entered as of this 15th day of December, 1999 by and between AVI BioPharma, Inc., a corporation organized under the laws of...Registration Rights Agreement • December 21st, 1999 • Avi Biopharma Inc • Pharmaceutical preparations • Oregon
AVI BioPharma, Inc. UNDERWRITING AGREEMENTUnderwriting Agreement • August 24th, 2009 • Avi Biopharma Inc • Pharmaceutical preparations • New York
SAREPTA THERAPEUTICS, INC., as Issuer AND U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, as Trustee INDENTURE Dated as of September 16, 2022 1.250% Convertible Senior Notes due 2027Indenture • September 19th, 2022 • Sarepta Therapeutics, Inc. • Pharmaceutical preparations • New York
INDENTURE dated as of September 16, 2022 between SAREPTA THERAPEUTICS, INC., a Delaware corporation, as issuer (the “Company,” as more fully set forth in Section 1.01) and U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, a national banking association, as trustee (the “Trustee,” as more fully set forth in Section 1.01).
Exhibit 4.5 REGISTRATION RIGHTS AGREEMENT This Registration Rights Agreement (the "Agreement") is made and entered as of this 16th day of December, 1999 by and between Avi BioPharma, Inc., a corporation organized under the laws of Oregon (the...Registration Rights Agreement • January 25th, 2000 • Avi Biopharma Inc • Pharmaceutical preparations • New York
FIRST AMENDMENT TO LEASE This FIRST AMENDMENT TO LEASE is dated Monday, July 24, 1995, by and between Benjamin Franklin Plaza, Inc., an Oregon Corporation, (hereinafter "Landlord") and Antivirals, Inc., an Oregon Corporation, (hereinafter "Tenant"),...Lease Amendment • January 28th, 1997 • Antivirals Inc
COMMON STOCK PURCHASE WARRANT AVI BIOPHARMA, INC.Common Stock Purchase Warrant • January 30th, 2009 • Avi Biopharma Inc • Pharmaceutical preparations
THIS COMMON STOCK PURCHASE WARRANT (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 six month anniversary of the date hereof (the “Initial Exercise Date”) and on or prior to the close of business on the five (5) year anniversary of the Initial Exercise Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from AVI Biopharma, Inc., an Oregon corporation (the “Company”), up to shares (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).
4,950,495 Shares of Common Stock par value $0.0001 742,574 Over-Allotment Shares SAREPTA THERAPEUTICS, INC. UNDERWRITING AGREEMENTUnderwriting Agreement • December 18th, 2012 • Sarepta Therapeutics, Inc. • Pharmaceutical preparations • New York
ANTIVIRALS INC.Registration Rights Agreement • January 28th, 1997 • Antivirals Inc • Oregon
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • January 30th, 2009 • Avi Biopharma Inc • Pharmaceutical preparations • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of January 29, 2009, between AVI BioPharma, Inc., an Oregon corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”).
To: Sarepta Therapeutics, Inc. 215 First Street, Suite 415 Cambridge, MA 02142 Attention: General Counsel Telephone No.: (617) 274-4000 From: Mizuho Markets Americas LLC Re: Additional Call Option Transaction Date: September 14, 2022Call Option Transaction • September 19th, 2022 • Sarepta Therapeutics, Inc. • Pharmaceutical preparations
The purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the call option transaction entered into between Mizuho Markets Americas LLC (“Dealer”) (with Mizuho Securities USA LLC acting as agent (in such capacity, the “Agent”)) and Sarepta Therapeutics, Inc. (“Counterparty”) as of the Trade Date specified below (the “Transaction”). This letter agreement constitutes a “Confirmation” as referred to in the ISDA Master Agreement specified below. Each party further agrees that this Confirmation together with the Agreement evidence a complete binding agreement between Counterparty and Dealer as to the subject matter and terms of the Transaction to which this Confirmation relates, and shall supersede all prior or contemporaneous written or oral communications with respect thereto. Dealer is acting as principal hereunder and Agent, its affiliate, is acting as agent for Dealer and Counterparty hereunder. This Confirmation is a confirmation for purposes
AVI BIOPHARMA, INC. FORM OF INDEMNIFICATION AGREEMENTIndemnification Agreement • October 8th, 2010 • Avi Biopharma Inc • Pharmaceutical preparations • Oregon
This Indemnification Agreement (this “Agreement”) is dated as of [insert date], and is between AVI BioPharma, Inc., an Oregon corporation (the “Company”), and [insert name of indemnitee] (“Indemnitee”).
CONFIDENTIAL Dr. Leslie Hudson Ph.D CEO and President AVI Biopharma, Inc. One SW Columbia Street Suite 1105 Portland, OR 97258 Dear Dr. Hudson:Placement Agent Agreement • January 30th, 2009 • Avi Biopharma Inc • Pharmaceutical preparations • New York
This letter (the “Agreement”) constitutes the agreement between Rodman & Renshaw, LLC (“Rodman” or the “Placement Agent”) and AVI Biopharma, Inc. (the “Company”), that Rodman shall serve as the exclusive placement agent for the Company, on a “reasonable best efforts” basis in connection with the proposed placement (the “Placement”) of registered securities (the “Securities”) of the Company, including shares (the “Shares”) of the Company’s common stock, par value $0.0001 per share (the “Common Stock”), with targeted aggregate gross proceeds of $16 million and warrants to purchase shares of Common Stock (“Investor Warrants”). The terms of such Placement and the Securities shall be mutually agreed upon by the Company and the purchasers (each, a “Purchaser” and collectively, the “Purchasers”) and nothing herein constitutes that Rodman would have the power or authority to bind the Company or any Purchaser or an obligation for the Company to issue any Securities or complete the Placement. Th
To: Sarepta Therapeutics, Inc. 215 First Street, Suite 415 Cambridge, MA 02142 Attention: General Counsel Telephone No.: (617) 274-4000 From: Goldman Sachs & Co. LLC Re: Base Call Option Transaction Date: September 13, 2022Base Call Option Transaction • September 19th, 2022 • Sarepta Therapeutics, Inc. • Pharmaceutical preparations
The purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the call option transaction entered into between Goldman Sachs & Co. LLC (“Dealer”) and Sarepta Therapeutics, Inc. (“Counterparty”) as of the Trade Date specified below (the “Transaction”). This letter agreement constitutes a “Confirmation” as referred to in the ISDA Master Agreement specified below. Each party further agrees that this Confirmation together with the Agreement evidence a complete binding agreement between Counterparty and Dealer as to the subject matter and terms of the Transaction to which this Confirmation relates, and shall supersede all prior or contemporaneous written or oral communications with respect thereto.
EXHIBIT 4.3 THIS WARRANT AND ANY SECURITIES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, AND MAY NOT BE SOLD, TRANSFERRED, PLEDGED OR HYPOTHECATED IN THE ABSENCE OF A REGISTRATION STATEMENT COVERING THIS...Warrant Agreement • December 21st, 1999 • Avi Biopharma Inc • Pharmaceutical preparations • New York
W_____ _________ Warrants ANTIVIRALS INC. CUSIP _________Warrant Agreement • January 28th, 1997 • Antivirals Inc
RECITALSTechnology Transfer Agreement • June 16th, 2000 • Avi Biopharma Inc • Pharmaceutical preparations • Oregon
LEASE by and between BMR-3450 MONTE VILLA PARKWAY LLC, a Delaware limited liability company and AVI BIOPHARMA, INC., an Oregon corporationLease • November 9th, 2009 • Avi Biopharma Inc • Pharmaceutical preparations • Washington
This Access & Confidentiality Agreement (this “Agreement”) is entered into as of [ ], 20[ ] (the “Effective Date”), by and between AVI BIOPHARMA, INC., an Oregon corporation (“AVI”), and [ ] (“Recipient” and, together with AVI, each a “Party” and, together, the “Parties”).
SAREPTA THERAPEUTICS, INC. Common Stock ($0.0001 par value per share) AT-THE- MARKET EQUITY OFFERING SALES AGREEMENTAt-the-Market Equity Offering Sales Agreement • July 3rd, 2013 • Sarepta Therapeutics, Inc. • Pharmaceutical preparations • New York
CREDIT AND SECURITY AGREEMENTCredit and Security Agreement • August 3rd, 2017 • Sarepta Therapeutics, Inc. • Pharmaceutical preparations • New York
To: Sarepta Therapeutics, Inc. 215 First Street, Suite 415 Cambridge, MA 02142 Attention: General Counsel Telephone No.: (617) 274-4000 From: Goldman Sachs & Co. LLC Re: Additional Call Option Transaction Date: September 14, 2022Additional Call Option Transaction • September 19th, 2022 • Sarepta Therapeutics, Inc. • Pharmaceutical preparations
The purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the call option transaction entered into between Goldman Sachs & Co. LLC (“Dealer”) and Sarepta Therapeutics, Inc. (“Counterparty”) as of the Trade Date specified below (the “Transaction”). This letter agreement constitutes a “Confirmation” as referred to in the ISDA Master Agreement specified below. Each party further agrees that this Confirmation together with the Agreement evidence a complete binding agreement between Counterparty and Dealer as to the subject matter and terms of the Transaction to which this Confirmation relates, and shall supersede all prior or contemporaneous written or oral communications with respect thereto.
LOAN AGREEMENTLoan Agreement • February 26th, 2020 • Sarepta Therapeutics, Inc. • Pharmaceutical preparations • New York
THIS LOAN AGREEMENT (this “Agreement”), dated as of December 13, 2019 (the “Effective Date”) by and among SAREPTA THERAPEUTICS, INC., a Delaware corporation (as “Borrower”), the Guarantors from time to time party hereto, BIOPHARMA CREDIT PLC, a public limited company incorporated under the laws of England and Wales (as the “Collateral Agent” and a “Lender”) and BIOPHARMA CREDIT INVESTMENTS V (MASTER) LP, a Cayman Islands exempted limited partnership (as a “Lender”), provides the terms on which each Lender shall make, and Borrower shall repay, the Credit Extensions (as hereinafter defined). The parties hereto agree as follows:
RECITALS:Employment Agreement • March 30th, 1998 • Antivirals Inc • Pharmaceutical preparations • Oregon
2,000,000 UNITS ANTIVIRALS INC.Underwriting Agreement • May 27th, 1997 • Antivirals Inc • Pharmaceutical preparations • Oregon
CREDIT AND SECURITY AGREEMENTCredit and Security Agreement • August 6th, 2015 • Sarepta Therapeutics, Inc. • Pharmaceutical preparations • New York
THIS CREDIT AND SECURITY AGREEMENT (this “Agreement”), dated as of June 26, 2015 (the “Closing Date”) by and among MIDCAP FINANCIAL TRUST, a Delaware statutory trust (“MidCap”), as administrative agent (“Agent”), the Lenders listed on the Credit Facility Schedule attached hereto and otherwise party hereto from time to time (each a “Lender”, and collectively the “Lenders”), and SAREPTA THERAPEUTICS, INC., a Delaware corporation (“Sarepta”), and the other entities shown as signatories hereto as a Borrower (collectively in the singular, “Borrower”), provides the terms on which Lenders agree to lend to Borrower and Borrower shall repay Lenders. The parties agree as follows:
AVI BIOPHARMA, INC.Restricted Stock Unit Award Agreement • April 25th, 2012 • Avi Biopharma Inc • Pharmaceutical preparations • Oregon
Unless otherwise defined herein, the terms defined in the AVI BioPharma, Inc. 2011 Equity Incentive Plan (the “Plan”) will have the same defined meanings in this Restricted Stock Unit Award Agreement (the “Award Agreement”).
Exchange AgreementExchange Agreement • March 3rd, 2023 • Sarepta Therapeutics, Inc. • Pharmaceutical preparations • New York
SAREPTA THERAPEUTICS, INC. AMENDED AND RESTATED 2011 EQUITY INCENTIVE PLAN STOCK OPTION AWARD AGREEMENTStock Option Award Agreement • August 8th, 2013 • Sarepta Therapeutics, Inc. • Pharmaceutical preparations • Delaware
Unless otherwise defined herein, the terms defined in the Amended and Restated 2011 Equity Incentive Plan (the “Plan”) will have the same defined meanings in this Stock Option Award Agreement (the “Award Agreement”).
RECITALS:Employment Agreement • August 7th, 1998 • Antivirals Inc • Pharmaceutical preparations • Oregon
2,604,167 Shares Sarepta Therapeutics, Inc. Common Stock ($0.0001 par value) EQUITY UNDERWRITING AGREEMENTEquity Underwriting Agreement • March 7th, 2019 • Sarepta Therapeutics, Inc. • Pharmaceutical preparations • New York
AVI BIOPHARMA, INC. EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • August 8th, 2013 • Sarepta Therapeutics, Inc. • Pharmaceutical preparations • Washington
This Employment Agreement (the “Agreement”) is entered into as of December 9, 2011 (the “Effective Date”) by and between AVI BioPharma, Inc. (the “Company”), and Jayant Aphale (“Executive”).
