SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • May 19th, 2009 • Xoma LTD /De/ • Pharmaceutical preparations • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of May 15, 2009, between XOMA Ltd., a Bermuda company (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”).
May 15, 2009Placement Agent Agreement • May 19th, 2009 • Xoma LTD /De/ • Pharmaceutical preparations • New York
The purpose of this letter agreement (the “Agreement”) is to authorize Canaccord Adams Inc. (“Canaccord”) and Wedbush Morgan Securities, Inc. (“Wedbush” and, together with Canaccord, the “Placement Agents”) to contact one or more institutional investors to explore the degree of interest, if any, of such investors in providing funding to Xoma, Ltd. or its affiliates (the “Company”). This authorization shall be exclusive to the Placement Agents for a period of 30 days. The Company may terminate each of the Placement Agents authorization to contact investors hereunder at any time upon a 10-day written notice. If the Company chooses to accept any funding, on terms to be mutually agreed upon by the Company and any such investor(s), then the Company shall pay to each of the Placement Agents the fees set forth below if there is any funding of the Company (a “Financing”) within 6 months of the date of the termination or expiration of this Agreement by any investors with which the Placement Age
