EQUITY DISTRIBUTION PROGRAM XENCOR, INC. Common Stock EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • September 19th, 2016 • Xencor Inc • Pharmaceutical preparations • New York
Xencor, Inc., a company organized under the laws of the State of Delaware (the “Company”), proposes to issue and sell from time to time through Piper Jaffray & Co. (the “Agent”), as sales agent and/or principal, the Company’s common stock, par value $0.01 per share (the “Common Stock”), having an aggregate offering price of up to $40,000,000 (the “Shares”) on terms set forth in this Equity Distribution Agreement (the “Agreement”). Notwithstanding anything to the contrary contained herein, the parties hereto agree that compliance with the limitation set forth in this Section 2 on the number of shares of Shares issued and sold under this Agreement shall be the sole responsibility of the Company, and the Agent shall have no obligation in connection with such compliance.
