INDENTURE between NEKTAR THERAPEUTICS, as Issuer and J.P. MORGAN TRUST COMPANY, NATIONAL ASSOCIATION as Trustee 3% CONVERTIBLE SUBORDINATED NOTES DUE 2010 Dated as of October 9, 2003Indenture • October 10th, 2003 • Nektar Therapeutics • Pharmaceutical preparations • New York
INDENTURE, dated as of October 9, 2003, between NEKTAR THERAPEUTICS, a corporation duly organized and existing under the laws of the State of Delaware, having its principal office at 150 Industrial Road, San Carlos, California 94070 (the “Company”), and J.P. MORGAN TRUST COMPANY, NATIONAL ASSOCIATION, a national banking association, as Trustee (the “Trustee”), having its principal corporate trust office at 560 Mission Street, 13th Floor, San Francisco, California 94105.
PLEDGE AGREEMENTPledge Agreement • October 10th, 2003 • Nektar Therapeutics • Pharmaceutical preparations • New York
This PLEDGE AGREEMENT (this “Agreement”) is made and entered into as of October 9, 2003 by and among NEKTAR THERAPEUTICS, a Delaware corporation (the “Grantor”), having its principal executive offices at 150 Industrial Road, San Carlos, California 94070 and J.P. MORGAN TRUST COMPANY, NATIONAL ASSOCIATION (“J.P. Morgan”), having an office at 560 Mission Street, 13th Floor, San Francisco, California 94105, (i) in its capacity as trustee (the “Trustee”) for the holders (the “Holders”) of the Notes (as hereinafter defined) issued by the Grantor under the Indenture referred to below and (ii) in its individual capacity, as securities intermediary (in such capacity, the “Pledged Securities Intermediary”) at its office in New York c/o: J.P. Morgan Chase Bank, Institutional Trust Services, 4 New York Plaza, 15th Floor, New York, New York 10004 (the “Account Office”) with respect to the Pledge Account (as hereinafter defined). Capitalized terms used herein and not otherwise defined herein shall
EXCHANGE AGREEMENTExchange Agreement • October 10th, 2003 • Nektar Therapeutics • Pharmaceutical preparations • New York
This Exchange Agreement (the “Agreement”) is made and entered into as of October 3, 2003, by and between Nektar Therapeutics, a Delaware corporation (the “Company”) and the entities set forth on Appendix I hereto (each a “Holder” and collectively the “Holders”).
AMENDMENT NO. 1 TO EXCHANGE AGREEMENTExchange Agreement • October 10th, 2003 • Nektar Therapeutics • Pharmaceutical preparations
This Amendment Number 1 (the “Amendment”) is made and entered into as of October 9, 2003, by and between Nektar Therapeutics, a Delaware corporation (the “Company”) and the entities set forth on Appendix I hereto (each a “Holder” and collectively the “Holders”).
RESALE REGISTRATION RIGHTS AGREEMENTResale Registration Rights Agreement • October 10th, 2003 • Nektar Therapeutics • Pharmaceutical preparations • California
This Resale Registration Rights Agreement (the “Agreement”) is made as of October 9, 2003 by and among NEKTAR THERAPEUTICS, a Delaware corporation (together with any successor entity, herein referred to as the “Issuer”) and the persons or entities listed on the signature pages hereto (the “Holders” and each individually as a “Holder”).
AMENDMENT NO. 1 TO EXCHANGE AGREEMENTExchange Agreement • October 10th, 2003 • Nektar Therapeutics • Pharmaceutical preparations
This Amendment Number 1 (the “Amendment”) is made and entered into as of October 9, 2003, by and between Nektar Therapeutics, a Delaware corporation (the “Company”) and the entities set forth on Appendix I hereto (each a “Holder” and collectively the “Holders”).
