LICENSE AGREEMENTLicense Agreement • November 13th, 1998 • Biocryst Pharmaceuticals Inc • Biological products, (no disgnostic substances) • New York
EXHIBIT 1.1 BioCryst Pharmaceuticals, Inc. 2,000,000 shares of Common Stock, par value of $.01 Underwriting AgreementUnderwriting Agreement • October 22nd, 1999 • Biocryst Pharmaceuticals Inc • Biological products, (no disgnostic substances)
BIOCRYST PHARMACEUTICALS, INC. 37,931,035 Shares of Common Stock (par value $0.01 per share) Underwriting AgreementUnderwriting Agreement • November 18th, 2019 • Biocryst Pharmaceuticals Inc • Biological products, (no disgnostic substances) • New York
BioCryst Pharmaceuticals, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several underwriters listed in Schedule 1 hereto (the “Underwriters”), for whom you are acting as representative (the “Representative”), an aggregate of 37,931,035 shares (the “Underwritten Shares”) of common stock, par value $0.01 per share, of the Company (“Common Stock”) and, at the option of the Underwriters, up to an additional 5,689,655 shares of Common Stock (the “Option Shares”). The Underwritten Shares and the Option Shares are herein referred to as the “Shares.” The shares of Common Stock to be outstanding after giving effect to the sale of the Shares are referred to herein as the “Stock.”
R E C I T A L S: A. The Company has concurrently issued and sold to JJDC, for aggregate consideration of Six Million Dollars ($6,000,000), shares of the Company's common stock (the "Shares"), $0.01 par value per share (the "Common Stock").Stockholder's Agreement • November 13th, 1998 • Biocryst Pharmaceuticals Inc • Biological products, (no disgnostic substances) • New York
EXHIBIT 10.9 STATE OF ALABAMA SHELBY COUNTY FIFTH AMENDMENT TO LEASE AGREEMENT THIS FIFTH AMENDMENT TO LEASE AGREEMEPT, hereinafter referred to as the "Agreement" is made and entered into on this 1st day of June 1999 by and between PRINCIPAL MUTUAL...Lease Agreement • August 13th, 1999 • Biocryst Pharmaceuticals Inc • Biological products, (no disgnostic substances)
BIOCRYST PHARMACEUTICALS, INC. Common Stock (par value $0.01 per share) At Market Issuance Sales AgreementAt Market Issuance Sales Agreement • June 28th, 2011 • Biocryst Pharmaceuticals Inc • Biological products, (no disgnostic substances) • New York
BioCryst Pharmaceuticals, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with McNicoll, Lewis & Vlak LLC (“MLV”), as follows:
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • March 17th, 2017 • Biocryst Pharmaceuticals Inc • Biological products, (no disgnostic substances) • New York
This Registration Rights Agreement (this “Agreement”) is made as of March 15, 2017, by and between BioCryst Pharmaceuticals, Inc., a Delaware corporation (the “Company”), and the persons listed on the attached Schedule A who are signatories to this Agreement (collectively, the “Investors”). Unless otherwise defined herein, capitalized terms used in this Agreement have the respective meanings ascribed to them in Section 1.
EXHIBIT 10.10 December 27, 1999 Dr. Charles E. Bugg Chairman and CEO BioCryst Pharmaceuticals, Inc. 2190 Parkway Lake Drive Birmingham, Alabama 35244 Dear Dr. Bugg: This letter agreement (the "Agreement") will serve to confirm our agreement with...Employment Agreement • March 27th, 2000 • Biocryst Pharmaceuticals Inc • Biological products, (no disgnostic substances) • Alabama
Exhibit 10.24 STATE OF ALABAMA ) SHELBY COUNTY ) SECOND AMENDMENT TO LEASE AGREEMENT THIS SECOND AMENDMENT TO LEASE AGREEMENT, hereinafter referred to as the "Agreement" is made and entered into on this 31st day of March, 1997 by and between PRINCIPAL...Lease Agreement • May 14th, 1997 • Biocryst Pharmaceuticals Inc • Biological products, (no disgnostic substances)
BIOCRYST PHARMACEUTICALS, INC. 4,000,000 Shares of Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • August 5th, 2013 • Biocryst Pharmaceuticals Inc • Biological products, (no disgnostic substances) • New York
RECITAL:Stock Purchase Agreement • November 13th, 1998 • Biocryst Pharmaceuticals Inc • Biological products, (no disgnostic substances) • New York
February 4, 2004 Charles E. Bugg, Ph.D. Chairman, Chief Executive Officer BioCryst Pharmaceuticals, Inc. 2190 Parkway Lake Drive Birmingham., AL 35244 Dear Dr. Bugg: 1. This letter agreement (the "Agreement") confirms our understanding that BioCryst...Exclusive Agency Agreement • February 17th, 2004 • Biocryst Pharmaceuticals Inc • Biological products, (no disgnostic substances)
Certain information has been omitted from this exhibit in places marked “[***]” because it is both not material and would likely cause competitive harm to the registrant if publicly disclosed. In addition, certain personally identifiable information...Credit Agreement • February 28th, 2022 • Biocryst Pharmaceuticals Inc • Biological products, (no disgnostic substances) • New York
This CREDIT AGREEMENT is entered into as of December 7, 2020 among BIOCRYST PHARMACEUTICALS, INC., a Delaware corporation (the “Borrower”), the Guarantors (defined herein) listed on the signature pages hereto and from time to time party hereto, the Lenders (defined herein) from time to time party hereto and ATHYRIUM OPPORTUNITIES III CO-INVEST 1 LP, a Delaware limited partnership, as Administrative Agent for the Lenders (each as defined below).
INDENTURE dated as of March 9, 2011 by and between JPR ROYALTY SUB LLC, a Delaware limited liability company, as issuer of the Notes described herein, and U.S. BANK NATIONAL ASSOCIATION, a national banking association, as initial trustee of the Notes...Indenture • May 6th, 2011 • Biocryst Pharmaceuticals Inc • Biological products, (no disgnostic substances) • New York
This INDENTURE, dated as of March 9, 2011, is by and between JPR ROYALTY SUB LLC, a Delaware limited liability company, as issuer of the Notes described herein, and U.S. BANK NATIONAL ASSOCIATION, a national banking association, as initial trustee of the Notes described herein.
5,000,000 Shares BIOCRYST PHARMACEUTICALS, INC. COMMON STOCK, PAR VALUE $0.01 PER SHARE UNDERWRITING AGREEMENTUnderwriting Agreement • November 24th, 2009 • Biocryst Pharmaceuticals Inc • Biological products, (no disgnostic substances) • New York
Biocryst Pharmaceuticals, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several underwriters named in Schedule II hereto (the “Underwriters”), for which you are acting as representative (the “Representative”), the number of shares of its Common Stock, par value $0.01 per share set forth in Schedule I hereto (the “Firm Shares”). The Company also proposes to issue and sell to the several Underwriters not more than the number of additional shares of its Common Stock, par value $0.01 per share set forth in Schedule I hereto (the “Additional Shares”) if and to the extent that the Representative shall have determined to exercise, on behalf of the Underwriters, the right to purchase such shares of common stock granted to the Underwriters in Section 2 hereof. The Firm Shares and the Additional Shares are hereinafter collectively referred to as the “Shares.” The shares of Common Stock, par value $0.01 per share of the Company to be outstanding after giving effe
ContractRights Agreement • June 17th, 2002 • Biocryst Pharmaceuticals Inc • Biological products, (no disgnostic substances) • Delaware
RIGHTS AGREEMENT by and between BIOCRYST PHARMACEUTICALS, INC. and AMERICAN STOCK TRANSFER & TRUST COMPANY, as Rights Agent Dated as of June 17, 2002
VOTING AND SUPPORT AGREEMENTVoting and Support Agreement • January 22nd, 2018 • Biocryst Pharmaceuticals Inc • Biological products, (no disgnostic substances) • Delaware
This VOTING AND SUPPORT AGREEMENT (this “Agreement”) is entered into as of January 21, 2018, by and between Biocryst Pharmaceuticals, Inc., a Delaware corporation (“Boat”), and 667, L.P. and Baker Brothers Life Sciences, L.P. (each, a “Stockholder” and, collectively, the “Stockholders”). Capitalized terms used but not otherwise defined herein shall have the meanings given to such terms in the Agreement and Plan of Merger, dated as of the date hereof (the “Merger Agreement”), by and among Boat, Idera Pharmaceuticals, Inc., a Delaware corporation (“Island”), Nautilus Holdco, Inc., a Delaware corporation and a wholly owned Subsidiary of Boat (“Holdco”), Island Merger Sub, Inc., a Delaware corporation and a wholly owned Subsidiary of Holdco (“Merger Sub A”), and Boat Merger Sub, Inc., a Delaware corporation and a wholly owned Subsidiary of Holdco (“Merger Sub B”).
August 4, 2021 Mrs. Alane Barnes abarnes@biocryst.com Dear Ms. Barnes:Employment Agreement • August 9th, 2021 • Biocryst Pharmaceuticals Inc • Biological products, (no disgnostic substances) • Delaware
As part of our review of the terms of our employment agreements with our executives and our intentions to align the terms of such agreements so that they are generally consistent with one another, this letter agreement (the “Agreement”) amends and restates the employment letter agreement, dated August 2, 2013, as amended November 18, 2013, previously entered into between you and us. You are currently employed by BioCryst Pharmaceuticals, Inc., a Delaware corporation (the “Company”), as Chief Legal Officer, reporting directly to the President and Chief Executive Officer. This Agreement will serve to confirm our agreement with respect to the terms and conditions of your continued employment.
On behalf of BioCryst Pharmaceuticals, Inc., a Delaware corporation (“BioCryst” or the “Company”), we are pleased to extend this employment agreement to you as Vice President & General Counsel. We, along with the other members of the Company’s Board...Employment Agreement • March 10th, 2014 • Biocryst Pharmaceuticals Inc • Biological products, (no disgnostic substances) • Alabama
This letter agreement (the “Agreement”) will serve to confirm our agreement with respect to the terms and conditions of your employment.
VOTING AND POST-CLOSING LOCK-UP AGREEMENTVoting and Post-Closing Lock-Up Agreement • October 22nd, 2012 • Biocryst Pharmaceuticals Inc • Biological products, (no disgnostic substances) • Delaware
VOTING AND POST-CLOSING LOCK-UP AGREEMENT, dated as of October 17, 2012 (this “Agreement”), by and among BioCryst Pharmaceuticals, Inc., a Delaware corporation (“Parent”), Presidio Pharmaceuticals, Inc., a Delaware corporation (the “Company“), and each of the individuals or entities listed on Schedule 1 (the “Stockholders”).
ContractTermination Agreement • August 7th, 2002 • Biocryst Pharmaceuticals Inc • Biological products, (no disgnostic substances) • New York
EXHIBIT 10.9 THIS TERMINATION AGREEMENT (the “Agreement”), dated as of September 21, 2001 (the “Effective Date”), is hereby entered into by and between BIOCRYST PHARMACEUTICALS, INC., a Delaware corporation having its principal place of business at 2190 Parkway Lake Drive, Birmingham, Alabama 35244 (hereinafter referred to as “BIOCRYST”) and ORTHO-McNEIL PHARMACEUTICAL, INC., a Delaware corporation having its principal office at U.S. Route 202, Raritan, NJ 08869 and THE R. W. JOHNSON PHARMACEUTICAL RESEARCH INSTITUTE, a division of ORTHO-McNEIL PHARMACEUTICAL, INC., having its principal place of business at U.S. Route 202, Raritan, NJ 08869 (hereinafter collectively referred to as “ORTHO”). BIOCRYST and ORTHO are sometimes referred to herein individually as a “Party” and collectively as the “Parties” and all references to BIOCRYST and ORTHO shall include their respective Affiliates (hereinafter defined), where appropriate under the terms of this Agreement. W I T N E S S E T H WHEREAS
CERTAIN INFORMATION HAS BEEN OMITTED FROM THIS EXHIBIT IN PLACES MARKED “[***]” BECAUSE IT IS BOTH NOT MATERIAL AND WOULD LIKELY CAUSE COMPETITIVE HARM TO THE REGISTRANT IF PUBLICLY DISCLOSED. LICENSE, DEVELOPMENT AND COMMERCIALIZATION AGREEMENT by...License, Development and Commercialization Agreement • March 1st, 2021 • Biocryst Pharmaceuticals Inc • Biological products, (no disgnostic substances) • New York
This LICENSE, DEVELOPMENT AND COMMERCIALIZATION AGREEMENT (this “Agreement”) is entered into as of February 28, 2007 by and between BIOCRYST PHARMACEUTICALS, INC., a corporation organized and existing under the laws of the State of Delaware having offices at 2190 Parkway Lake Drive, Birmingham, Alabama 35244 (“BioCryst”), and SHIONOGI & CO., LTD., a corporation organized and existing under the laws of the Japan having offices at 1-8, Doshomachi 3-chome, Chuo-ku, Osaka 541-0045, Japan (“Shionogi”). BioCryst and Shionogi are each referred to herein by name or individually as a “Party” or collectively as the “Parties.”
Exhibit 10.1 STOCK PURCHASE AGREEMENT BioCryst Pharmaceuticals, Inc. 2190 Parkway Lake Drive Birmingham, AL 35244 The undersigned investors (each an "Investor" and collectively the "Investors"), hereby confirm their agreement with you as follows: 1....Stock Purchase Agreement • February 17th, 2004 • Biocryst Pharmaceuticals Inc • Biological products, (no disgnostic substances) • New York
MUTUAL TERMINATION AND RELEASE AGREEMENTMutual Termination and Release Agreement • November 30th, 2012 • Biocryst Pharmaceuticals Inc • Biological products, (no disgnostic substances)
This MUTUAL TERMINATION AND RELEASE AGREEMENT (this “Agreement”), dated as of November 29, 2012, by and between Presidio Pharmaceuticals, Inc., a Delaware corporation (the “Company”), BioCryst Pharmaceuticals, Inc., a Delaware corporation (“Parent”), S Sub, Inc., a Delaware corporation and direct wholly owned subsidiary of Parent (“Merger Sub”), 667, L.P., a Delaware limited partnership (“667”), Baker Bros. Investments II, L.P., a Delaware limited partnership (“BB Investments”), Baker Brothers Life Sciences, L.P., a Delaware limited partnership (“BB Life Sciences”), 14159, L.P., a Delaware limited partnership (“14159”), Bay City Capital Fund IV, L.P., a Delaware limited partnership (“Bay City”), Bay City Capital Fund IV Co-Investment Fund, L.P., a Delaware limited partnership (“Bay City Co-Investment”), Ventures West 8 Limited Partnership, an Ontario limited partnership (“Ventures West”), New Leaf Ventures II, L.P., a Delaware limited partnership (“New Leaf”), and Panorama Capital, L.P
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • November 20th, 2019 • Biocryst Pharmaceuticals Inc • Biological products, (no disgnostic substances) • New York
THIS SECURITIES PURCHASE AGREEMENT (the “Agreement”) is made as of the 19th day of November, 2019, by and among BioCryst Pharmaceuticals, Inc., a Delaware corporation (the “Company”), and 667, L.P., a Delaware limited partnership and Baker Brothers Life Sciences, L.P., a Delaware limited partnership (each a “Buyer” and collectively the “Buyers”). Each Buyer and the Company are sometimes each referred to herein as a “party” and collectively as the “parties.”
EXHIBIT 10.11 BIOCRYST PHARMACEUTICALS, INC. 2190 Parkway Lake Drive Birmingham, Alabama 35244 December 17, l996 Dr. Charles E. Bugg Chairman and CEO BioCryst Pharmaceuticals, Inc. 2190 Parkway Drive Birmingham, Alabama 35244 Dear Dr. Bugg: This...Employment Agreement • March 28th, 1997 • Biocryst Pharmaceuticals Inc • Biological products, (no disgnostic substances) • Alabama
FIRST AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • November 4th, 2021 • Biocryst Pharmaceuticals Inc • Biological products, (no disgnostic substances)
This First Amendment to Employment Agreement (this “Amendment”), dated this 24th day of September 2021 (the "Effective Date"), is entered into by and between BioCryst Pharmaceuticals, Inc. (the “Company”) and Mr. Charles Gayer ( “Employee”).
EXECUTION COPY MERGER AGREEMENT BY AND AMONG PRESIDIO PHARMACEUTICALS, INC., S SUB, INC., BIOCRYST PHARMACEUTICALS, INC. AND SHAREHOLDER REPRESENTATIVE SERVICES LLC, SOLELY IN ITS CAPACITY AS HOLDER REPRESENTATIVE DATED AS OF OCTOBER 17, 2012Merger Agreement • October 22nd, 2012 • Biocryst Pharmaceuticals Inc • Biological products, (no disgnostic substances) • Delaware
THIS MERGER AGREEMENT (this “Agreement”), dated as of October 17, 2012, is made by and among Presidio Pharmaceuticals, Inc., a Delaware corporation (the “Company”), BioCryst Pharmaceuticals, Inc., a Delaware corporation (“Parent”), S Sub, Inc., a Delaware corporation and direct wholly owned subsidiary of Parent (“Merger Sub”), and Shareholder Representative Services LLC, a Colorado limited liability company, as Holder Representative (solely in its capacity as such, the “Holder Representative”). The Company and Parent shall be referred to herein from time to time collectively as the “Parties.”
AGREEMENT AND PLAN OF MERGER among BIOCRYST PHARMACEUTICALS, INC., IDERA PHARMACEUTICALS, INC., NAUTILUS HOLDCO, INC., ISLAND MERGER SUB, INC. and BOAT MERGER SUB, INC. Dated as of January 21, 2018Merger Agreement • January 22nd, 2018 • Biocryst Pharmaceuticals Inc • Biological products, (no disgnostic substances) • Delaware
THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) is dated as of January 21, 2018, by and among BioCryst Pharmaceuticals, Inc., a Delaware corporation (“Boat”), Idera Pharmaceuticals, Inc., a Delaware corporation (“Island”), and Nautilus Holdco, Inc., a Delaware corporation and a wholly owned subsidiary of Boat (“Holdco”), Island Merger Sub, Inc., a Delaware corporation and a wholly owned subsidiary of Holdco (“Merger Sub A”), Boat Merger Sub, Inc., a Delaware corporation and a wholly owned subsidiary of Holdco (“Merger Sub B”).
LICENSE AGREEMENT by and between BIOCRYST PHARMACEUTICALS, INC. and SEQIRUS UK LIMITED Dated as of June 16, 2015License Agreement • August 7th, 2015 • Biocryst Pharmaceuticals Inc • Biological products, (no disgnostic substances) • New York
This LICENSE AGREEMENT, including any schedules, annexures, attachments or exhibits hereto (this “Agreement”) is entered into as of June 16, 2015 (the “Effective Date”) by and between BIOCRYST PHARMACEUTICALS, INC., a corporation organized and existing under the laws of the State of Delaware having offices at 4505 Emperor Blvd., Suite 200, Durham, NC 27703 (“BioCryst”), and SEQIRUS UK LIMITED, a limited company organized under the laws of the United Kingdom, having a business address at 100 New Bridge Street, London, England, EC4V 6JA (“CSL”). BioCryst and CSL are each referred to herein by name or individually as a “Party” or collectively as the “Parties.”
PAGE OF PAGES AWARDICONTRACT 1. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 350) 1 I 28 2. CONTRACT (Prsc. Insr. 1denr.l NO. 3..EFFECTIVE DATE 4. REQUlSlTlONlPURCHASE REQUESTIPROJECT NO. HHS’0100200700032c I 1 6. ISSUED BY CODE1 ADMINISTERED BY...Contract • August 9th, 2007 • Biocryst Pharmaceuticals Inc • Biological products, (no disgnostic substances)
This project from the Department of Health and Human Services (HHS) through the Office of Public Health Emergency Medical Countermeasures (OPHEMC) within the Office of Public Health Emergency Preparedness (OPHEP) provides incremental multi-year funding for cost-reimbursable contracts for the advanced development of prophylactic and therapeutic drugs against pandemic and seasonal influenza viral pathogens leading towards U.S.-licensure. The antiviral drugs of interest may include any compound or drug providing anti-influenza. These may include synthetic chemical compounds, snRNAi, polyclonal/monoclonal antibody cocktails or other drugs, which could be used in the treatment and/or prophylaxis to decrease the morbidity and mortality associated with seasonal and pandemic influenza. The objective of this project is to facilitate the development and U.S.-licensure of antiviral drugs effective as prophylactic/therapeutic agents against influenza virus infection.
WAIVERWaiver • November 4th, 2022 • Biocryst Pharmaceuticals Inc • Biological products, (no disgnostic substances)
THIS WAIVER (this “Waiver”), dated as of July 14, 2022, is entered into by and among BIOCRYST PHARMACEUTICALS, INC., a Delaware corporation (the “Borrower”), the guarantors listed on the signature pages hereto (the “Guarantors”), the lenders listed on the signature pages hereto (such lenders, and the other lenders party to the Credit Agreement (as defined below), together with their respective successors and permitted assigns, each individually, a “Lender”, and collectively, the “Lenders”) and ATHYRIUM OPPORTUNITIES III CO-INVEST 1 LP, a Delaware limited partnership, as administrative agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, the “Administrative Agent”), and in light of the following:
SECOND Amended and Restated CREDIT AND SECURITY AGREEMENTCredit and Security Agreement • May 9th, 2019 • Biocryst Pharmaceuticals Inc • Biological products, (no disgnostic substances) • Maryland
This SECOND AMENDED AND RESTATED CREDIT AND SECURITY AGREEMENT (this “Agreement”), dated as of February 5, 2019 (the “Closing Date”) by and among MIDCAP FINANCIAL TRUST, a Delaware statutory trust (“MidCap”), as administrative 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”), BIOCRYST PHARMACEUTICALS, INC., a Delaware corporation (“BioCryst”), MDCP, LLC, a Delaware limited liability company (“Peramivir SPE”), 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 the Lenders.
NOVATION AGREEMENTNovation Agreement • August 7th, 2015 • Biocryst Pharmaceuticals Inc • Biological products, (no disgnostic substances) • New York
Albert Einstein College of Medicine of Yeshiva University, a Division of Yeshiva University, of 1300 Morris Park Ave, Bronx, NY 10461,United States of America; BioCryst Pharmaceuticals Inc. of 4505 Emperor Blvd, Suite 200, Durham, NC27703, United States of America (each a Continuing Party and together the Continuing Parties);
PURCHASE AND SALE AGREEMENT dated as of March 9, 2011 between BIOCRYST PHARMACEUTICALS, INC. and JPR ROYALTY SUB LLCPurchase and Sale Agreement • May 6th, 2011 • Biocryst Pharmaceuticals Inc • Biological products, (no disgnostic substances) • New York
This PURCHASE AND SALE AGREEMENT (this “Purchase and Sale Agreement”) dated as of March 9, 2011 is between BIOCRYST PHARMACEUTICALS, INC., a Delaware corporation (the “Seller”), and JPR ROYALTY SUB LLC, a Delaware limited liability company (the “Purchaser”).
