AKERO THERAPEUTICS, INC., Issuer AND [TRUSTEE], Trustee INDENTURE Dated as of [●], 202[●] Subordinated Debt SecuritiesIndenture • May 18th, 2021 • Akero Therapeutics, Inc. • Pharmaceutical preparations • New York
INDENTURE, dated as of [●], 202[●] , among AKERO THERAPEUTICS, INC.., a Delaware corporation (the “Company”), and [TRUSTEE] as trustee (the “Trustee”):
DISTRIBUTION AGREEMENTDistribution Agreement • May 18th, 2021 • Akero Therapeutics, Inc. • Pharmaceutical preparations • New York
Akero Therapeutics, Inc., a Delaware corporation (the “Company”), confirms its agreement with J.P. Morgan Securities LLC, as agent and/or principal under any Terms Agreement (as defined in Section 1(a) below) (“you” or the “Agent”), with respect to the issuance and sale from time to time by the Company, in the manner and subject to the terms and conditions described below in this Distribution Agreement (this “Agreement”), of Common Stock, $0.0001 par value per share (the “Common Stock”), of the Company having an aggregate Gross Sales Price (as defined in Section 2(b) below) of up to $100,000,000 (the “Maximum Amount”) on the terms set forth in Section 1 of this Agreement. Such shares are hereinafter collectively referred to as the “Shares” and are described in the Prospectus referred to below.
