Form of Warrant] XOMA CORPORATION Warrant To Purchase Common StockXOMA Corp • March 7th, 2012 • Pharmaceutical preparations • New York
XOMA Corporation, a Delaware corporation (the "Company"), hereby certifies that, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, _______________________, 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, upon surrender of this Warrant to Purchase Common Stock (including any Warrants to Purchase Common Stock issued in exchange, transfer or replacement hereof, the "Warrant"), at any time or times on or after the date hereof (the “Exercisability Date”), but not after 11:59 p.m., New York time, on the Expiration Date (as defined below), ______________ (_____________) fully paid and nonassessable shares of Common Stock (as defined below) (the "Warrant Shares"). Except as otherwise defined herein, capitalized terms in this Warrant shall have the meanings set forth in Section 15. This Wa
Amendment No. 3 to Shareholder Rights Agreement]Shareholder Rights Agreement • March 7th, 2012 • XOMA Corp • Pharmaceutical preparations
Underwriting Agreement] 29,669,154 Shares Warrants to purchase 14,834,577 Shares XOMA Corporation Common Stock ($0.0075 Par Value) EQUITY UNDERWRITING AGREEMENTUnderwriting Agreement • March 7th, 2012 • XOMA Corp • Pharmaceutical preparations • New York
XOMA Corporation, a Delaware corporation (the “Issuer”), proposes to sell to the several underwriters (the “Underwriters”) named in Schedule I hereto for whom you are acting as representatives (the “Representatives”) (i) an aggregate of 29,669,154 shares (the “Shares”) of the Issuer's Common Stock, $0.0075 par value, and (ii) warrants to purchase an aggregate of 14,834,577 shares of the Issuer’s Common Stock (the “Warrants” and together with the Shares, the “Securities”) in the form attached hereto as Exhibit A. The shares of Common Stock underlying the Warrants are hereinafter referred to as the “Warrant Shares.” The respective amounts of the Shares and Warrants to be so purchased by the several Underwriters are set forth opposite their names in Schedule I hereto. The Securities will be sold to the Underwriters in a combination consisting of (i) one share of Common Stock and (ii) a Warrant to purchase 0.5 of a share of Common Stock.
