ADS RIGHTS AGENT AGREEMENTAds Rights Agent Agreement • November 29th, 2016 • Nabriva Therapeutics AG • Pharmaceutical preparations • New York
Nabriva Theraputics AG, a company incorporated under the laws of the Republic of Austria (the “Company”), will grant to existing registered holders (the “ADS Holders”) of American Depositary Shares (“ADSs”) issued under the Deposit Agreement dated as of September 17, 2015 (the “Deposit Agreement”) among the Company, The Bank of New York Mellon, as depositary (the “Depositary”), and all owners and holders from time to time of ADSs issued thereunder that are registered on the books of the Depositary as of close of business in New York City on November 29, 2016 (the “Record Date”) the right (the “ADS Rights Offer”) to purchase new ADSs at a subscription price equal to the U.S. dollar equivalent of €4.014 per new ADS. Each ADS Holder will receive 0.276 ADSs rights (each, an “ADS Right”) for every ADSs held on the Record Date, and each ADS Right will entitle the registered holder (an “ADS Rights Holder”) to purchase one new ADS in the ADS Rights Offer. Each ADS represents one-tenth of one C
FINANCIAL SERVICES AGREEMENTFinancial Services Agreement • November 29th, 2016 • Nabriva Therapeutics AG • Pharmaceutical preparations • New York
