0000950123-13-002398 Sample Contracts

Contract
Warrant Agreement • April 19th, 2013 • Evoke Pharma Inc • Pharmaceutical preparations • California

THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR THE SECURITIES LAWS OF ANY STATE AND, EXCEPT AS SET FORTH IN SECTIONS 5.3 AND 5.4 BELOW, MAY NOT BE OFFERED, SOLD, PLEDGED OR OTHERWISE TRANSFERRED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND LAWS OR IN FORM AND SUBSTANCE SATISFACTORY TO THE COMPANY, SUCH OFFER, SALE, PLEDGE OR OTHER TRANSFER IS EXEMPT FROM SUCH REGISTRATION.

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LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • April 19th, 2013 • Evoke Pharma Inc • Pharmaceutical preparations • Delaware

THIS LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of June 1, 2012 (the “Effective Date”) between SILICON VALLEY BANK, a California corporation (“Bank”), and EVOKE PHARMA, INC., a Delaware corporation (“Borrower”), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. The parties agree as follows:

ASSET PURCHASE AGREEMENT Dated as of June 1, 2007 by and among Evoke Pharma, Inc., a Delaware corporation, and Questcor Pharmaceuticals, Inc., a California corporation,
Asset Purchase Agreement • April 19th, 2013 • Evoke Pharma Inc • Pharmaceutical preparations • California

THIS ASSET PURCHASE AGREEMENT, dated as of June 1, 2007 (this “Agreement”), is by and among Evoke Pharma, Inc., a Delaware corporation (“Purchaser”), and Questcor Pharmaceuticals, Inc., a California corporation (“Seller”).

EVOKE PHARMA, INC. INVESTOR RIGHTS AGREEMENT June 1, 2007
Investor Rights Agreement • April 19th, 2013 • Evoke Pharma Inc • Pharmaceutical preparations • California

THIS INVESTOR RIGHTS AGREEMENT (this “Agreement”) is made as of June 1, 2007, by and among EVOKE PHARMA, INC., a Delaware corporation (the “Company”), and each of the entities and persons listed on Schedule A hereto (collectively, the “Investors”).

Contract
Warrant Agreement • April 19th, 2013 • Evoke Pharma Inc • Pharmaceutical preparations • California

THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, AND MAY NOT BE SOLD, PLEDGED OR OTHERWISE TRANSFERRED EXCEPT IN ACCORDANCE WITH APPLICABLE LAW.

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