SECURITIES PURCHASE AGREEMENT BY AND BETWEEN Armata Pharmaceuticals, Inc. AND INNOVIVA, INC. Dated as of January 27, 2020 EXHIBITSSecurities Purchase Agreement • January 29th, 2020 • Armata Pharmaceuticals, Inc. • Biological products, (no disgnostic substances) • Delaware
THIS SECURITIES PURCHASE AGREEMENT (together with all Exhibits and Schedules hereto, as each may be amended, restated, amended and restated, supplemented or otherwise modified from time to time in accordance with the terms hereof, this “Agreement”), dated as of January 27, 2020, is made by and between (i) Armata Pharmaceuticals, Inc., a Washington corporation (the “Company”), and (ii) Innoviva, Inc., (the “Purchaser”). The Company and the Purchaser are referred to herein individually as a “Party”, and, collectively as the “Parties.”
INVESTOR RIGHTS AGREEMENTInvestor Rights Agreement • January 29th, 2020 • Armata Pharmaceuticals, Inc. • Biological products, (no disgnostic substances) • Delaware
This Investor Rights Agreement (this “Agreement”) is made and entered into as of __________, 2020 by and between Armata Pharmaceuticals Inc., a Washington corporation (the “Company”), and Innoviva, Inc., a Delaware corporation (the “Purchaser”), in connection with that certain Securities Purchase Agreement, dated as of _________, 2020, by and between the Company and the Purchaser (the “Purchase Agreement”). Capitalized terms used herein have the respective meanings ascribed thereto in the Purchase Agreement unless otherwise defined herein.
VOTING AGREEMENT by and between Innoviva, Inc. and the stockholder party hereto Dated as of _______, 2020Voting Agreement • January 29th, 2020 • Armata Pharmaceuticals, Inc. • Biological products, (no disgnostic substances) • Delaware
This Voting Agreement (this “Agreement”) is entered into as of [______], 2020, between Innoviva, Inc., a Delaware corporation (“Purchaser”), and the undersigned stockholder (the “Stockholder”).
