0000950123-18-005984 Sample Contracts

VICAL INCORPORATED, Issuer AND [TRUSTEE], Trustee INDENTURE Dated as of [•], 20__ Subordinated Debt Securities
Indenture • May 25th, 2018 • Vical Inc • Biological products, (no disgnostic 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 subordinated 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;

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VICAL INCORPORATED, Issuer AND [TRUSTEE], Trustee INDENTURE Dated as of [ ], 20__ Senior Debt Securities
Indenture • May 25th, 2018 • Vical Inc • Biological products, (no disgnostic 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;

As Warrant Agent FORM OF PREFERRED STOCK WARRANT AGREEMENT Dated As Of
Vical Incorporated • May 25th, 2018 • Vical Inc • Biological products, (no disgnostic substances) • New York

PREFERRED STOCK WARRANT AGREEMENT (the “Agreement”), dated as of between VICAL INCORPORATED, 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”).

As Warrant Agent FORM OF DEBT SECURITIES WARRANT AGREEMENT Dated As Of
Vical Incorporated • May 25th, 2018 • Vical Inc • Biological products, (no disgnostic substances) • New York

DEBT SECURITIES WARRANT AGREEMENT (this “Agreement”), dated as of between VICAL INCORPORATED, 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”).

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