WARRANT AGENCY AGREEMENTWarrant Agency Agreement • October 13th, 2020 • Brickell Biotech, Inc. • Biological products, (no disgnostic substances) • New York
This WARRANT AGENCY AGREEMENT, dated as of [______], 2020 (“Agreement”), between Brickell Biotech, Inc., a Delaware corporation (the “Company”), and American Stock Transfer & Trust Company, LLC, a New York limited liability trust company (the “Warrant Agent”).
FORM OF WARRANT BRICKELL BIOTECH, INC. WARRANT TO PURCHASE COMMON STOCKWarrant Agreement • October 13th, 2020 • Brickell Biotech, Inc. • Biological products, (no disgnostic substances) • New York
Brickell Biotech, Inc., a company organized under the laws of Delaware (the “Company”), hereby certifies that, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, CEDE & CO., the registered holder hereof or its permitted assigns (the “Holder”), is entitled, subject to the terms set forth below, to purchase from the Company, at the Exercise Price (as defined below) then in effect, at any time or times on or after [___] (the “Initial Exercisability Date”), but not after 11:59 p.m., New York time, on the Expiration Date, (as defined below), ____________ (____________) fully paid non-assessable shares of Common Stock (as defined below), subject to adjustment as provided herein (the “Warrant Shares”). Except as otherwise defined herein, capitalized terms in this Warrant to Purchase Common Stock (including any Warrants to Purchase Common Stock issued in exchange, transfer or replacement hereof, this “Warrant”), shall have the meanings set forth
AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • October 13th, 2020 • Brickell Biotech, Inc. • Biological products, (no disgnostic substances) • Colorado
THIS FIRST AMENDED AND RESTATED EMPLOYMENT AGREEMENT (“Agreement”) is made this September 1, 2020 (“Effective Date”) by and between BRICKELL BIOTECH, INC., a Delaware Company with a business address located at 5777 Central Avenue, Suite 102, Boulder, CO 80301 (the “Company”), and DEEPAK CHADHA, a Massachusetts resident, with an address of [***] (the “Executive”).
CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY [***], HAS BEEN OMITTED BECAUSE IT IS BOTH (i) NOT MATERIAL AND (ii) WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSEDLetter Agreement • October 13th, 2020 • Brickell Biotech, Inc. • Biological products, (no disgnostic substances)
As you know, Brickell Biotech, Inc. (“Brickell”) and Kaken Pharmaceutical Co., Ltd. (“Kaken”) exchanged numerous emails and had a series of discussions concerning the [***] (as such term is defined in Schedule A attached hereto).
