Contract
EXECUTION
VERSION
THE
BANK
OF
NEW
YORK
between
and
THE
BANK
OF NEW YORK
Dated
as
of October 14, 2005
ACCOUNT
NUMBER: 131479
SHORT
TITLE OF ACCOUNT: GENTIUM ESCROW ACCOUNT
ESCROW
AGREEMENT
made
this 14th day of October, 2005, by and between THE BANK OF NEW YORK ("Escrow
Agent") and the undersigned (collectively the "Depositors" and each individually
a "Depositor").
Preliminary
Statement
WHEREAS,
the
Gentium S.p.A., a joint stock company organized under the laws of the Republic
of Italy ("Gentium"), intends to issue warrants (collectively, the “Warrants”)
pursuant to a securities subscription agreement (the “Subscription Agreement”)
to be entered into among Gentium, and each of other investors whose names
appear
on the signature page of the Subscription Agreement (collectively, the
"Investors") and under such Subscription Agreement to sell to the Investors
certain warrants (the "Warrants") convertible into American Depository Shares
(the "Warrant Shares") representing Gentium's ordinary shares of common stock;
WHEREAS,
in
connection with the payment by the Investors for the Warrants, the Investors
intend to cause funds to be deposited with the Escrow Agent and Gentium intends
to deposit the Warrants with the Escrow Agent;
WHEREAS,
the
Warrants shall not be effective until Gentium's shareholders vote
to
approve Gentium’s
issuance of the Warrants and/or the Warrant Shares, as applicable, free of
the
statutory preemptive rights that would otherwise attach to the
issuance of those
securities under Italian law
or the
Company's organizational documents ("Shareholder Approval"); and
WHEREAS,
it is a
condition precedent to the Subscription Agreement that Gentium, the Investors
and the Escrow Agent enter into this Agreement.
NOW,
THEREFORE,
Depositors and Escrow Agent hereby agree that, in consideration of the mutual
promises and covenants contained herein, Escrow Agent shall hold in escrow
and
shall distribute Escrow Property (as defined herein) in accordance with and
subject to the following Instructions and Terms and Conditions:
I.
INSTRUCTIONS:
1. |
Escrow
Property
|
The
property and/or funds deposited or to be deposited with Escrow Agent by
Depositors shall be as follows:
Prior
to
any deposit, Gentium will notify Escrow Agent in writing 24 hours prior to
such
deposit, including by facsimile, that the Escrow Property and Escrow Funds
are
ready to be deposited.
2
Gentium
will deliver to the Escrow Agent Warrants for an aggregate of 620,450 Warrant
Shares, each executed by Gentium and inscribed with name of one of the Investors
and indicating the amount of Warrant Shares for which such Investor subscribed
pursuant to the Subscription Agreement, which shall only become effective
upon
Shareholder Approval (the “Escrow Warrants”), for prompt deposit into the escrow
account at The Bank of New York. (Account No. 131479) (the “Escrow Account”) as
“Escrow Property”. The Escrow Property shall be held, administered and disposed
of by the Escrow Agent in accordance with the terms and conditions hereinafter
set forth.
Investors
will deliver to the Escrow Agent $2,187,086.25 in immediately available funds
(as increased or decreased from time to time in accordance with the provisions
hereof, the “Escrow Funds”) for prompt deposit into the Escrow Account as the
“Escrow Property”. The Escrow Property shall be held, administered and disposed
of by the Escrow Agent in accordance with the terms and conditions hereinafter
set forth.
The
foregoing property and/or funds, plus all interest, dividends and other
distributions and payments thereon (collectively the "Distributions") received
by Escrow Agent, less any property and/or funds distributed or paid in
accordance with this Escrow Agreement, are collectively referred to herein
as
"Escrow Property."
2. |
Investment
of Escrow Funds
Depositors are to select one of the following
options:
|
(a) | Escrow Agent shall have no obligation to pay interest on or to invest or reinvest any Escrow Property deposited or received hereunder |
|
|
(b) | Upon written directions from Gentium the Escrow Agent shall invest or reinvest Escrow Funds without distinction between principal and income, in the following: |
|
|
One or more short-term market instruments including but not limited to marketable obligations issued or guaranteed by the U.S. Government, its agencies or instrumentalities, bank instruments or corporate debt securities rated AA or higher by S&P that are issued by U.S. or foreign companies , invested in any one or more of the aforementioned types of instruments. |
Escrow
Agent shall have no liability for any loss arising from or related to any
such
investment other than in accordance with paragraph 4 of the Terms and
Conditions.
3.
|
Distribution
of Escrow Property and Escrow
Funds
|
Escrow
Agent is directed to hold and distribute the Escrow Property in
the
following manner:
|
Prior
to
any distribution of Escrow Funds, to the extent that complete wiring
instructions are not included for any Depositor who would receive such
distribution on Schedule
1
hereto,
Gentium will provide Escrow Agent with instructions specifying the account(s)
into which the Escrow Funds shall be distributed, and wiring instructions
for
each such account, including the name of the bank, the ABA number (or SWIFT
number for non-U.S. accounts), the account number and the account name; prior
to
any distribution of Escrow Property, to the extent that a complete address
is
not specified for any Depositor who would receive such distribution on
Schedule
1
hereto,
Gentium will provide Escrow Agent with addresses to which the Escrow Property
should be delivered.
3
If
the
Shareholder Approval occurs, then, upon receipt by the Escrow Agent of a
copy of
the resolutions effecting the Shareholder Approval certified by an officer
of
Gentium and an opinion of Xxxxxx, Xxxxxxxxxx & Xxxxxxxxx LLP, or such other
counsel as is mutually agreeable to the Investors and Gentium, that such
resolutions were duly adopted,(x) the Escrow Agent take such action as may
be
necessary to deliver to each Investor that Warrant addressed to such Investor,
and (y) the Escrow Agent shall take such action as may be necessary to deliver
the Escrow Funds released to Gentium.
If
Gentium submits a copy of the resolutions of a meeting in which the Gentium
shareholders failed to effect a Shareholder Approval when the matter was
put to
a vote of Gentium's shareholders, certified by an officer of Gentium, then
the
Escrow Agent shall deliver the Escrowed Funds to the Investors according
to
their respective percentages as set forth on Schedule
1
hereto
and the Escrow Agent shall deliver the Escrow Warrants to Gentium.
4.
|
Addresses
|
Notices,
instructions and other communications shall be sent to Escrow Agent,
Corporate Trust Administration, 000 Xxxxxxx Xxxxxx-Xxxxx 00X, Xxx
Xxxx,
Xxx Xxxx 00000, Attn.: Corporate Trust Administration / Xxxxxxxxx
Xxxxxxx and
to Depositors as follows:
|
To
the
Investors:
As
set
forth on Schedule
1
hereto.
To
Gentium:
ATTN:
Xx.
Xxxxx Xxxxx,
Chief
Executive Officer
Xxxxxx
XX
Xxxxxxxxx, 0
00000
Xxxxx Xxxxxxx
Xxxx,
Xxxxx
With
a
copy to (which shall not constitute notice):
Xxxx
Xxxxxxxx
0000
Xxxx
Xxxxxxx, Xxxxx 000
Xxxxxxx,
XX 00000
5.
|
Distribution
of Escrow Property Upon
Termination
|
Upon
termination of this Escrow Agreement, Escrow Property then held
hereunder
shall be distributed as follows:
|
If
the
Shareholder Approval does not occur and Gentium does not deliver to Escrow
Agent
a copy of the resolutions effecting the Shareholder Approval certified by
an
officer of Gentium and an opinion of Xxxxxx, Xxxxxxxxxx & Xxxxxxxxx LLP, or
such other counsel as is mutually agreeable to the Investors and Gentium,
that
such resolutions were duly adopted by April 31, 2006, The Escrow Agent shall
deliver the Escrowed Funds to the Investors according to their respective
percentages as set forth on Schedule
1
hereto
and the Escrow Agent shall take such action as may be necessary to deliver
the
Escrow Warrants to Gentium.
4
6.
|
Compensation
|
(a)
|
As
agreed between the Escrow Agent and Gentium in the signed fee schedule
dated as of September 28, 2005.
|
(b)
|
Gentium
shall pay all activity charges as per Escrow Agent’s current fee
schedule.
|
(c)
|
Gentium
shall be responsible for and shall reimburse Escrow Agent upon
demand for
all expenses, disbursements and advances incurred or made by Escrow
Agent
in connection with this Agreement.
|
7.
|
Consent
for Amendment or Waiver by
Depositors
|
Any
requirement under this Agreement for Depositors' consent to waiver or for
amendment to any part of this Agreement may be satisfied by getting the written
consent of Gentium and Investors who have made at least Fifty-one Percent
(51%)
of the Investors' aggregate deposits hereunder, as reflected on Schedule
1
hereto.
II.
TERMS AND CONDITIONS:
1.
|
The
duties, responsibilities and obligations of Escrow Agent shall
be limited
to those expressly set forth herein and no duties, responsibilities
or
obligations shall be inferred or implied. Escrow Agent shall not
be
subject to, nor required to comply with, any other agreement between
or
among any or all of the Depositors or to which any Depositor is
a party,
even though reference thereto may be made herein, or to comply
with any
direction or instruction (other than those contained herein or
delivered
in accordance with this Escrow Agreement) from any Depositor or
any entity
acting on its behalf. Escrow Agent shall not be required to, and
shall
not, expend or risk any of its own funds or otherwise incur any
financial
liability in the performance of any of its duties
hereunder.
|
2.
|
This
Agreement is for the exclusive benefit of the parties hereto and
their
respective successors hereunder, and shall not be deemed to give,
either
express or implied, any legal or equitable right, remedy, or claim
to any
other entity or person whatsoever.
|
3.
|
If
at any time Escrow Agent is served with any judicial or administrative
order, judgment, decree, writ or other form of judicial or administrative
process which in any way affects Escrow Property (including but
not
limited to orders of attachment or garnishment or other forms of
levies or
injunctions or stays relating to the transfer of Escrow Property),
Escrow
Agent is authorized to comply therewith in any manner as it or
its legal
counsel of its own choosing deems appropriate; and if Escrow Agent
complies with any such judicial or administrative order, judgment,
decree,
writ or other form of judicial or administrative process, Escrow
Agent
shall not be liable to any of the parties hereto or to any other
person or
entity even though such order, judgment, decree, writ or process
may be
subsequently modified or vacated or otherwise determined to have
been
without legal force or effect.
|
5
4.
|
(a)
Escrow Agent shall not be liable for any action taken or omitted
or for
any loss or injury resulting from its actions or its performance
or lack
of performance of its duties hereunder in the absence of gross
negligence
or willful misconduct on its part. In no event shall Escrow Agent
be
liable (i) for acting in accordance with or relying upon any instruction,
notice, demand, certificate or document from any Depositor or any
entity
acting on behalf of any Depositor, (ii) for any consequential,
punitive or
special damages, (iii) for the acts or omissions of its nominees,
correspondents, designees, subagents or subcustodians, or (iv)
for an
amount in excess of the value of the Escrow Property, valued as
of the
date of deposit.
|
(b)
If any fees, expenses or costs incurred by, or any obligations
owed to,
Escrow Agent hereunder are not promptly paid when due, Escrow Agent
may
reimburse itself therefor from the Escrow Property and may sell,
convey or
otherwise dispose of any Escrow Property for such
purpose.
|
(c)
As security for the due and punctual performance of any and all
of
Depositors' obligations to Escrow Agent hereunder, now or hereafter
arising, Depositors, individually and collectively, hereby pledge,
assign
and grant to Escrow Agent a continuing security interest in, and
a lien
on, the Escrow Property and all Distributions thereon or additions
thereto
(whether such additions are the result of deposits by Depositors
or the
investment of Escrow Property). The security interest of Escrow
Agent
shall at all times be valid, perfected and enforceable by Escrow
Agent
against Depositors and all third parties in accordance with the
terms of
this Escrow Agreement.
|
(d)
Escrow Agent may consult with legal counsel at the expense of the
Depositors as to any matter relating to this Escrow Agreement,
and Escrow
Agent shall not incur any liability in acting in good faith in
accordance
with any advice from such counsel.
|
(e)
Escrow Agent shall not incur any liability for not performing any
act or
fulfilling any duty, obligation or responsibility hereunder by
reason of
any occurrence beyond the control of Escrow Agent (including but
not
limited to any act or provision of any present or future law or
regulation
or governmental authority, any act of God or war, or the unavailability
of
the Federal Reserve Bank wire or telex or other wire or communication
facility).
|
5.
|
Unless
otherwise specifically set forth herein, Escrow Agent shall proceed
as
soon as practicable to collect any checks or other collection items
at any
time deposited hereunder. All such collections shall be subject
to Escrow
Agent's usual collection practices or terms regarding items received
by
Escrow Agent for deposit or collection. Escrow Agent shall not
be
required, or have any duty, to notify anyone of any payment or
maturity
under the terms of any instrument deposited hereunder, nor to take
any
legal action to enforce payment of any check, note or security
deposited
hereunder or to exercise any right or privilege which may be afforded
to
the holder of any such security.
|
6.
|
Escrow
Agent shall provide to Depositors monthly statements identifying
transactions, transfers or holdings of Escrow Property and each
such
statement shall be deemed to be correct and final upon receipt
thereof by
the Depositors unless Escrow Agent is notified in writing to the
contrary
within thirty (30) business days of the date of such
statement.
|
7.
|
Escrow
Agent shall not be responsible in any respect for the form, execution,
validity, value or genuineness of documents or securities deposited
hereunder, or for any description therein, or for the identity,
authority
or rights of persons executing or delivering or purporting to execute
or
deliver any such document, security or
endorsement.
|
6
8.
|
Notices,
instructions or other communications shall be in writing and shall
be
given to the address set forth in the "Addresses" provision herein
(or to
such other address as may be substituted therefor by written notification
to Escrow Agent or Depositors). Notices to Escrow Agent shall be
deemed to
be given when actually received by Escrow Agent's Insurance Trust
and
Escrow Unit of the
Corporate Trust Division. Escrow Agent is authorized to comply
with and
rely upon any notices, instructions or other communications believed
by it
to have been sent or given by Depositors or by a person or persons
authorized by Depositors. Whenever under the terms hereof the time
for
giving a notice or performing an act falls upon a Saturday, Sunday,
or
banking holiday, such time shall be extended to the next day on
which
Escrow Agent is open for business.
|
9.
|
Gentium
shall be liable for and shall reimburse and indemnify Escrow Agent
and
hold Escrow Agent harmless from and against any and all claims,
losses,
liabilities, costs, damages or expenses (including reasonable attorneys'
fees and expenses) (collectively, "Losses") arising from or in
connection
with or related to this Escrow Agreement or being Escrow Agent
hereunder
(including but not limited to Losses incurred by Escrow Agent in
connection with its successful defense, in whole or in part, of
any claim
of gross negligence or willful misconduct on its part), provided,
however,
that nothing contained herein shall require Escrow Agent to be
indemnified
for Losses caused by its gross negligence or willful
misconduct.
|
10.
|
(a)
Depositors may remove Escrow Agent at any time by giving to Escrow
Agent
thirty (30) calendar days' prior notice in writing signed by all
Depositors. Escrow Agent may resign at any time by giving to calendar
days' prior written notice thereof.
|
(b)
Within ten (10) calendar days after giving the foregoing notice
of removal
to Escrow Agent or receiving the foregoing notice of resignation
from
Escrow Agent, all Depositors shall jointly agree on and appoint
a
successor Escrow Agent. If a successor Escrow Agent has not accepted
such
appointment by the end of such 10-day period, Escrow Agent may,
in its
sole discretion, deliver the Escrow Property to any of the Depositors
at
the address provided herein or may apply to a court of competent
jurisdiction for the appointment of a successor Escrow Agent or
for other
appropriate relief. The costs and expenses (including reasonable
attorneys' fees and expenses) incurred by Escrow Agent in connection
with
such proceeding shall be paid by, and be deemed a joint and several
obligation of, the Depositors.
|
(c)
Upon receipt of the identity of the successor Escrow Agent, Escrow
Agent
shall either deliver the Escrow Property then held hereunder to
the
successor Escrow Agent, less Escrow Agent's fees, costs and expenses
or
other obligations owed to Escrow Agent, or hold such Escrow Property
(or
any portion thereof), pending distribution, until all such fees,
costs and
expenses or other obligations are
paid.
|
(d)
Upon delivery of the Escrow Property to successor Escrow Agent,
Escrow
Agent shall have no further duties, responsibilities or obligations
hereunder.
|
11.
|
(a)
In the event of any ambiguity or uncertainty hereunder or in any
notice,
instruction or other communication received by Escrow Agent hereunder,
Escrow Agent may, in its sole discretion, refrain from taking any
action
other than retain possession of the Escrow Property, unless Escrow
Agent
receives written instructions, signed by all Depositors, which
eliminates
such ambiguity or uncertainty.
|
7
(b)
In the event of any dispute between or conflicting claims by or
among the
Depositors and/or any other person or entity with respect to any
Escrow
Property, Escrow Agent shall be entitled, in its sole discretion,
to
refuse to comply with any and all claims, demands or instructions
with
respect to such Escrow Property so long as such dispute or conflict
shall
continue, and Escrow Agent shall not be or become liable in any
way to the
Depositors for failure or refusal to comply with such conflicting
claims,
demands or instructions. Escrow Agent shall be entitled to refuse
to act
until, in its sole discretion, either (i) such conflicting or adverse
claims or demands shall have been determined by a final order,
judgment or
decree of a court of competent jurisdiction, which order, judgment
or
decree is not subject to appeal, or settled by agreement between
the
conflicting parties as evidenced in a writing satisfactory to Escrow
Agent
or (ii) Escrow Agent shall have received security or an indemnity
satisfactory to it sufficient to hold it harmless from and against
any and
all Losses which it may incur by reason of so acting. Escrow Agent
may, in
addition, elect, in its sole discretion, to commence an interpleader
action or seek other judicial relief or orders as it may deem,
in its sole
discretion, necessary. The costs and expenses (including reasonable
attorneys' fees and expenses) incurred in connection with such
proceeding
shall be paid by, and shall be deemed a joint and several obligation
of,
the Depositors.
|
12.
|
This
Agreement shall be interpreted, construed, enforced and administered
in
accordance with the internal substantive laws (and not the choice
of law
rules) of the State of New York. Each of the Depositors hereby
submits to
the personal jurisdiction of and each agrees that all proceedings
relating
hereto shall be brought in courts located within the City and State
of New
York or elsewhere as Escrow Agent may select. Each of the Depositors
hereby waives the right to trial by jury and to assert counterclaims
in
any such proceedings. To the extent that in any jurisdiction any
Depositor
may be entitled to claim, for itself or its assets, immunity from
suit,
execution, attachment (whether before or after judgment) or other
legal
process, each hereby irrevocably agrees not to claim, and hereby
waives,
such immunity. Each Depositor waives personal service of process
and
consents to service of process by certified or registered mail,
return
receipt requested, directed to it at the address last specified
for
notices hereunder, and such service shall be deemed completed ten
(10)
calendar days after the same is so
mailed.
|
13.
|
Except
as otherwise permitted herein, this Escrow Agreement may be modified
only
by a written amendment signed by all the parties hereto, and no
waiver of
any provision hereof shall be effective unless expressed in a writing
signed by the party to be charged.
|
14.
|
The
rights and remedies conferred upon the parties hereto shall be
cumulative,
and the exercise or waiver of any such right or remedy shall not
preclude
or inhibit the exercise of any additional rights or remedies. The
waiver
of any right or remedy hereunder shall not preclude the subsequent
exercise of such right or remedy.
|
15.
|
Each
Depositor hereby represents and warrants (a) that this Escrow Agreement
has been duly authorized, executed and delivered on its behalf
and
constitutes its legal, valid and binding obligation and (b) that
the
execution, delivery and performance of this Escrow Agreement by
Depositor
do not and will not violate any applicable law or
regulation.
|
16.
|
The
invalidity, illegality or unenforceability of any provision of
this
Agreement shall in no way affect the validity, legality or enforceability
of any other provision; and if any provision is held to be enforceable
as
a matter of law, the other provisions shall not be affected thereby
and
shall remain in full force and
effect.
|
8
17.
|
This
Agreement shall constitute the entire agreement of the parties
with
respect to the subject matter and supersedes all prior oral or
written
agreements in regard thereto.
|
18.
|
This
Agreement shall terminate upon the distribution of all Escrow Property
from the Account. The provisions of these Terms and Conditions
shall
survive termination of this Escrow Agreement and/or the resignation
or
removal of the Escrow Agent.
|
19.
|
No
printed or other material in any language, including prospectuses,
notices, reports, and promotional material which mentions "The
Bank of New
York" by name or the rights, powers, or duties of the Escrow Agent
under
this Agreement shall be issued by any other parties hereto, or
on such
party's behalf, without the prior written consent of Escrow
Agent.
|
20.
|
The
headings contained in this Agreement are for convenience of reference
only
and shall have no effect on the interpretation or operation
hereof.
|
21.
|
This
Escrow Agreement may be executed by each of the parties hereto
in any
number of counterparts, each of which counterpart, when so executed
and
delivered, shall be deemed to be an original and all such counterparts
shall together constitute one and the same
agreement.
|
22.
|
The
Escrow Agent does not have any interest in the Escrowed Property
deposited
hereunder but is serving as escrow holder only and having only
possession
thereof. Gentium shall pay or reimburse the Escrow Agent upon request
for
any transfer taxes or other taxes relating to the Escrowed Property
incurred in connection herewith and shall indemnify and hold harmless
the
Escrow Agent any amounts that it is obligated to pay in the way
of such
taxes. Any payments of income from this Escrow Account shall be
subject to
withholding regulations then in force with respect to United States
taxes.
The parties hereto will provide the Escrow Agent with appropriate
W-9
forms for tax I.D., number certifications, or W-8 forms for non-resident
alien certifications. It is understood that the Escrow Agent shall
be
responsible for income reporting only with respect to income earned
on
investment of funds which are a part of the Escrowed Property and
is not
responsible for any other reporting. This paragraph and paragraph
(9)
shall survive notwithstanding any termination of this Escrow Agreement
or
the resignation of the Escrow
Agent.
|
IN
WITNESS WHEREOF, each of the parties has caused this Escrow Agreement to
be
executed by a duly authorized officer as of the day and year first written
above.
THE BANK OF NEW YORK, as Escrow Agent | ||
|
|
|
By: | /s/ | |
Name: |
||
Title: | ||
9
Depositor: | ||
Gentium S.p.A. | ||
|
|
|
By: | /s/ Xxxx Xxxxxxxx | |
|
Name: Xxxx Xxxxxxxx |
|
Title:
Executive Vice President
and
Chief Financial
Officer
|
10
Depositor: | ||
Investor: | ||
|
|
|
(Print Name) | ||
By: | ||
|
Name: |
|
Title:
|
11
SCHEDULE
1
NAME,
CONTACT INFORMATION & WIRING INSTRUCTIONS
|
AMOUNT
DEPOSITED
|
PERCENTAGE
OF ESCROW FUNDS
|
|||||
BIM
- FONDO AZIONARIO GLOBALE
XX
XXXXXX XXXXX, NEW YORK CHAUS33
A/C
XX XXXXXX CHASE LONDON
PS75350
DTC 902 ID 62815 AGENT 00902
a/c
Sanpaoloimi
ref.
Bim SGR. - Fondo Azionario Globale
|
$
|
8,460
|
3.8
|
%
|
|||
BIM
- FONDO AZIONARIO ITALIA
XX
XXXXXX XXXXX, NEW YORK CHAUS33
A/C
XX XXXXXX CHASE LONDON
PS75350
DTC 902 ID 62815 AGENT 00902
a/c
Sanpaoloimi
ref.
Bim SGR. - Fondo Azionario Italia
|
$
|
141,000
|
6.44
|
%
|
|||
BIM
- FONDO AZIONARIO SMALL CAP ITALIA
XX
XXXXXX XXXXX, NEW YORK CHAUS33
A/C
XX XXXXXX CHASE LONDON
PS75350
DTC 902 ID 62815 AGENT 00902
a/c
Sanpaoloimi
ref.
Bim SGR. - Fondo Azionario Small Cap Italia
|
$
|
36,003
|
1.64
|
%
|
|||
BIM
- FONDO BILANCIATO
XX
XXXXXX XXXXX, NEW YORK CHAUS33
A/C
XX XXXXXX CHASE LONDON
PS75350
DTC 902 ID 62815 AGENT 00902
a/c
Sanpaoloimi
ref.
Bim SGR. - Fondo Bilanciato
|
$
|
8,460
|
0.38
|
%
|
|||
BIM
- FONDO FLESSIBILE
XX
XXXXXX XXXXX, NEW YORK CHAUS33
A/C
XX XXXXXX CHASE LONDON
PS75350
DTC 902 ID 62815 AGENT 00902
a/c
Sanpaoloimi
ref.
Bim SGR. - Fondo Flessibile
|
$
|
14,100
|
0.64
|
%
|
|||
XXXXX
XXXXXXXXXXXXXX XX XXXXXXXXXXXX X XXXXXXXX X.x.X.
XXXXXXXX
X.X., XXX XXXX 000000
DTC
908 INST ID 29424 AGENT XX XX 00000
SAN
PAOLO BK LUXEMBOURG
SPLBLULL
|
$
|
21,150
|
0.96
|
%
|
NAME,
CONTACT INFORMATION & WIRING INSTRUCTIONS
|
AMOUNT
DEPOSITED
|
PERCENTAGE
OF ESCROW FUNDS
|
|||||
BIOMEDICAL
VALUE FUND, LP
[WIRE
INSTRUCTIONS TO BE PROVIDED SEPARATELY]
|
$
|
750,000
|
34.29
|
%
|
|||
BIOMEDICAL
OFFSHORE VALUE LTD
[WIRE
INSTRUCTIONS TO BE PROVIDED SEPARATELY]
|
$
|
750,000
|
34.29
|
%
|
|||
RA
CAPITAL MANAGEMENT, LLC
[WIRE
INSTRUCTIONS TO BE PROVIDED SEPARATELY]
|
$
|
225,081.30
|
10.29
|
%
|
|||
CHAUMIERE
CONSULTADORIA E SERVICIOS LDA
[WIRE
INSTRUCTIONS TO BE PROVIDED SEPARATELY]
|
$
|
214,850.33
|
9.82
|
%
|
|||
GENERATION
CAPITAL ASSOCIATES
[WIRE
INSTRUCTIONS TO BE PROVIDED SEPARATELY]
|
$
|
16,369.55
|
0.74
|
%
|
|||
XXXXXX
& XXXXXXX LLC
[WIRE
INSTRUCTIONS TO BE PROVIDED SEPARATELY]
|
$
|
1,611.38
|
0.0736
|
%
|
2