RECITALSLease Agreement • February 13th, 2001 • Avigen Inc \De • In vitro & in vivo diagnostic substances
1 EXHIBIT 10.41 LEASE AGREEMENT THIS LEASE AGREEMENT is made this 29th day of February , 2000, between ARE- 1201 HARBOR BAY, LLC, a Delaware limited liability company ("LANDLORD"), and AVIGEN, INC., a Delaware corporation ("TENANT"). ADDRESS: 1201...Lease Agreement • May 12th, 2000 • Avigen Inc \De • In vitro & in vivo diagnostic substances
EXHIBIT 10.38 Factor IX Patent and Know-how Exclusive License Agreement Between The Children's Hospital of Philadelphia and Avigen, Inc This License Agreement ("AGREEMENT") is made by and between THE CHILDREN'S HOSPITAL OF PHILADELPHIA, a Pennsylvania...Agreement • September 28th, 1999 • Avigen Inc \De • In vitro & in vivo diagnostic substances
AVIGEN, INC., ISSUER AND [TRUSTEE], TRUSTEE INDENTURE DATED AS OF [__], 200__ _______________________ SENIOR DEBT SECURITIESIndenture • June 28th, 2007 • Avigen Inc \De • In vitro & in vivo diagnostic substances • New York
WHEREAS, for its lawful corporate purposes, the Company has duly authorized the execution and delivery of this Indenture to provide for the issuance of debt securities (hereinafter referred to as the “Securities”), in an unlimited aggregate principal amount to be issued from time to time in one or more series as in this Indenture provided, as registered Securities without coupons, to be authenticated by the certificate of the Trustee;
Avigen, Inc.Avigen Inc \De • February 17th, 2000 • In vitro & in vivo diagnostic substances • New York
SUBLEASE BETWEENAvigen Inc \De • May 12th, 2000 • In vitro & in vivo diagnostic substances
RIGHTS AGREEMENT between: AVIGEN, INC., a Delaware corporation; and AMERICAN STOCK TRANSFER & TRUST CO. LLC, a New York Limited Liability Trust Company, as Rights Agent Dated as of November 21, 2008 __________________________Rights Agreement • November 24th, 2008 • Avigen Inc \De • In vitro & in vivo diagnostic substances • Delaware
THIS RIGHTS AGREEMENT (“Agreement”) is dated as of November 21, 2008 and is made between AVIGEN, INC., a Delaware corporation (the “Company”), and AMERICAN STOCK TRANSFER & TRUST CO. LLC, a New York Limited Liability Trust Company, as rights agent (“Rights Agent”).
AVIGEN, INC. and ________, AS WARRANT AGENT FORM OF COMMON STOCK WARRANT AGREEMENT DATED AS OF _______Common Stock Warrant Agreement • June 28th, 2007 • Avigen Inc \De • In vitro & in vivo diagnostic substances • New York
COMMON STOCK WARRANT AGREEMENT (this “Agreement”), dated as __________ of between AVIGEN, 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”).
AVIGEN, INC. Stock Option Agreement -- 1993 Stock Option Plan (Nonqualified Stock Option)Stock Option Agreement • September 27th, 2001 • Avigen Inc \De • In vitro & in vivo diagnostic substances
AVIGEN, INC. and ________, AS WARRANT AGENT FORM OF PREFERRED STOCK WARRANT AGREEMENT DATED AS OF _______Preferred Stock Warrant Agreement • June 28th, 2007 • Avigen Inc \De • In vitro & in vivo diagnostic substances • New York
PREFERRED STOCK WARRANT AGREEMENT (this “Agreement”), dated as of __________ between AVIGEN, 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”).
NON-EXCLUSIVE PATENT LICENSE AGREEMENT TABLE OF CONTENTSLicense Agreement • February 11th, 2000 • Avigen Inc \De • In vitro & in vivo diagnostic substances • Florida
AVIGEN, INC. Stock Option Agreement -- 1993 Stock Option Plan (Incentive Stock Option)Stock Option Agreement • September 27th, 2001 • Avigen Inc \De • In vitro & in vivo diagnostic substances
AVIGEN, INC. COMMON STOCK AND WARRANT PURCHASE AGREEMENTCommon Stock and Warrant Purchase Agreement • February 14th, 2000 • Avigen Inc \De • In vitro & in vivo diagnostic substances • California
AVIGEN, INC. 3,974,000 Shares Common Stock ($0.001 par value per Share) UNDERWRITING AGREEMENTUnderwriting Agreement • April 26th, 2007 • Avigen Inc \De • In vitro & in vivo diagnostic substances • New York
Pacific Growth Equities, LLC UBS Securities LLC as Underwriters c/o Pacific Growth Equities, LLC One Bush Street, Suite 1700 San Francisco, California 94104
AVIGEN, INC. and ________, AS WARRANT AGENT FORM OF DEBT SECURITIES WARRANT AGREEMENT DATED AS OF _______Securities Warrant Agreement • June 28th, 2007 • Avigen Inc \De • In vitro & in vivo diagnostic substances • New York
DEBT SECURITIES WARRANT AGREEMENT (this “Agreement”), dated as of __________ between AVIGEN, 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”).
AGREEMENT BETWEEN AVIGEN, INC. ANDCertain • February 13th, 2001 • Avigen Inc \De • In vitro & in vivo diagnostic substances • New York
BAYER AG AND AVIGEN, INC.Subscription and Registration Rights Agreement • February 13th, 2001 • Avigen Inc \De • In vitro & in vivo diagnostic substances • New York
1 EXHIBIT 10.30 INDEPENDENT CONSULTANT AGREEMENT THIS INDEPENDENT CONSULTANT AGREEMENT (the "Agreement") is made and entered into as of October 1, 1996 by and between AVIGEN, INC., a Delaware corporation ("the Company") and PHILIP J. WHITCOME...Independent Consultant Agreement • November 15th, 1996 • Avigen Inc \De • In vitro & in vivo diagnostic substances
June 1, 2002Avigen Inc \De • August 14th, 2002 • In vitro & in vivo diagnostic substances
OFFICE LEASEOffice Lease • February 13th, 2001 • Avigen Inc \De • In vitro & in vivo diagnostic substances
WELLS FARGO BANK REVOLVING LINE OF CREDIT NOTE -------------------------------- ------------------------------------------------ $10,000,000.00 OAKLAND, CALIFORNIA JUNE 1, 2002 FOR VALUE RECEIVED, the undersigned AVIGEN, INC. ("Borrower") promises to...Avigen Inc \De • August 14th, 2002 • In vitro & in vivo diagnostic substances • California
Patent and Know-How License, Development and Commercialization AgreementCommercialization Agreement • March 16th, 2006 • Avigen Inc \De • In vitro & in vivo diagnostic substances
June 1, 2004Avigen Inc \De • August 9th, 2004 • In vitro & in vivo diagnostic substances
This letter amendment (this “Amendment”) is to confirm the changes agreed upon between WELLS FARGO BANK, NATIONAL ASSOCIATION (“Bank”) and Avigen, Inc. (“Borrower”) to the terms and conditions of that certain letter agreement between Bank and Borrower dated as of November 2, 2000, as amended from time to time (the “Agreement”). For valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Bank and Borrower hereby agree that the Agreement shall be amended as follows to reflect said changes.
January 6, 2005 Thomas Paulson Alameda, CA 94502 Dear Tom:Letter Agreement • March 16th, 2006 • Avigen Inc \De • In vitro & in vivo diagnostic substances • California
This letter agreement (this “Agreement”) confirms our understanding and agreement with respect to your resignation as Chief Financial Officer of Avigen, Inc. and sets forth the substance of the terms that Avigen, Inc. (the “Company”) is offering to you to aid in your employment transition.
ASSET PURCHASE AGREEMENT BY AND AMONG AVIGEN, INC., BAXTER HEALTHCARE CORPORATION, BAXTER INTERNATIONAL INC., AND BAXTER HEALTHCARE S.A. DECEMBER 17, 2008Asset Purchase Agreement • March 16th, 2009 • Avigen Inc \De • In vitro & in vivo diagnostic substances • New York
This ASSET PURCHASE AGREEMENT (this “Agreement”) is made and entered into as of this 17th day of December, 2008 (the “Effective Date”), by and among Avigen, Inc., a Delaware corporation (“Seller”), and Baxter Healthcare Corporation, a Delaware corporation (“BHC”), Baxter International Inc., a Delaware corporation (“BII”), and Baxter Healthcare S.A., a Swiss Corporation (“BHSA”). BHC, BII and BHSA are individually and collectively referred to herein as “Buyer”.
AGREEMENT AND PLAN OF MERGER BY AND AMONG MEDICINOVA, INC., ABSOLUTE MERGER, INC. AND AVIGEN, INC. Dated as of August 20, 2009Agreement and Plan of Merger • August 25th, 2009 • Avigen Inc \De • In vitro & in vivo diagnostic substances • Delaware
This AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into as of August 20, 2009, by and among MediciNova, Inc., a Delaware corporation (“Parent”), Absolute Merger, Inc., a Delaware corporation and direct wholly-owned subsidiary of Parent (“Merger Sub” and together with Parent, the “Parent Parties”) and Avigen, Inc., a Delaware corporation (the “Company”).
1 EXHIBIT 10.35 AMENDMENT AMENDMENT dated as of September 25, 1998 (this "Amendment"), to the AVIGEN, INC. COMMON STOCK AND WARRANT PURCHASE AGREEMENT dated August 7, 1998 (the "Purchase Agreement"). WHEREAS, the parties to the Purchase Agreement...Avigen Inc \De • November 13th, 1998 • In vitro & in vivo diagnostic substances • California
EXHIBIT 10.40 LICENSE AGREEMENT This License Agreement ("Agreement") is made this 3rd day of March 2000 ("EFFECTIVE DATE") by and between BTG INTERNATIONAL LTD., a British corporation ("BTG"), having a principal place of business at 10 Fleet Place,...License Agreement • May 12th, 2000 • Avigen Inc \De • In vitro & in vivo diagnostic substances • Delaware
1 EXHIBIT 10.32 WELLS FARGO BANK REVOLVING LINE OF CREDIT NOTE ------------------------------------------------------------------------------- Oakland, California August 14, 1996 FOR VALUE RECEIVED, the undersigned AVIGEN, INC. ("Borrower~) promises...Avigen Inc \De • September 29th, 1997 • In vitro & in vivo diagnostic substances • California
TERMINATION OF SUBLEASETermination of Sublease • December 7th, 2007 • Avigen Inc \De • In vitro & in vivo diagnostic substances • California
This Termination of Sublease (“Termination”) is entered into as of the 4th day of December, 2007 (“Effective Date”), by and between Avigen, Inc., a Delaware corporation (“Sublandlord”), and Pepgen Corporation, a Delaware corporation (“Subtenant”).
FIRST AMENDMENT TO PROPERTY LEASE AGREEMENT BETWEEN ARE-1201 HARBOR BAY, LLC AND AVIGEN FIRST AMENDMENT TO LEASEProperty Lease Agreement • November 8th, 2007 • Avigen Inc \De • In vitro & in vivo diagnostic substances
THIS FIRST AMENDMENT TO LEASE (this "First Amendment") is made as of August 30, 2007, by and between ARE-1201 HARBOR BAY, LLC, a Delaware limited liability company ("Landlord"), and AVIGEN, INC., a Delaware corporation ("Tenant").
SECOND AMENDMENT TO LEASELease • May 12th, 2008 • Avigen Inc \De • In vitro & in vivo diagnostic substances
This Second Amendment to Lease (the “Second Amendment“) is made as of March 6, 2008 (“Execution Date”), by and between ARE – 1201 HARBOR BAY, LLC, a Delaware limited liability company, having an address at 385 East Colorado Boulevard, Suite 299, Pasadena, California 91101 ("Landlord"), and AVIGEN, INC., a Delaware corporation, having an address at 1201 Harbor Bay Parkway, Alameda, California 94502 ("Tenant").
AMENDMENTAvigen Inc \De • March 16th, 2009 • In vitro & in vivo diagnostic substances
This AMENDMENT (the “Amendment”) is entered into as of and to have effect July 22, 2008 (the “Amendment Effective Date”), by and between SDI Diagnostics International Ltd, a limited liability company organized under the laws of Switzerland with offices at Baarerstrasse 96/PF 2252 CH-6302 Zug, Switzerland (“SDI”), and Avigen, Inc., a Delaware corporation with offices at 1301 Harbor Bay Parkway, Alameda, California 94502, USA (“Avigen”).
COMPENSATION AGREEMENTS WITH NAMED EXECUTIVE OFFICERSAvigen Inc \De • November 8th, 2007 • In vitro & in vivo diagnostic substances
The following are the annual salaries of our named executive officers as amended by the Compensation Committee (the Committee) of the Board of Directors effective September 16, 2007.
COMMON STOCK PURCHASE AGREEMENTCommon Stock Purchase Agreement • May 15th, 2006 • Avigen Inc \De • In vitro & in vivo diagnostic substances • California
This Common Stock Purchase Agreement (this “Agreement”) is dated as of May 10, 2006, among Avigen, 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”).
