BRAINSTORM CELL THERAPEUTICS INC., Issuer AND [TRUSTEE], Trustee INDENTURE Dated as of [●], 202[●] Subordinated Debt SecuritiesIndenture • August 9th, 2021 • Brainstorm Cell Therapeutics Inc. • Biological products, (no disgnostic substances) • New York
INDENTURE, dated as of [●], 202[●] , among BRAINSTORM CELL THERAPEUTICS INC., a Delaware corporation (the “Company”), and [TRUSTEE] as trustee (the “Trustee”):
DISTRIBUTION AGREEMENTDistribution Agreement • August 9th, 2021 • Brainstorm Cell Therapeutics Inc. • Biological products, (no disgnostic substances) • New York
Brainstorm Cell Therapeutics Inc., a Delaware corporation (the “Company”), confirms its agreement with SVB Leerink LLC (“SVB Leerink”) and Raymond James & Associates, Inc. (“Raymond James”, each of SVB Leerink and Raymond James, an “Agent” and together, the “Agents”), as agents and/or principals under any Terms Agreement (as defined in Section 1(a) below), with respect to the issuance and sale from time to time by the Company during the Term (as defined below), in the manner and subject to the terms and conditions set forth in this Distribution Agreement (this “Agreement”), through the Agents, common stock, $0.00005 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”), subject to the limitations set forth in Section 2(h) hereof, on the terms set forth in Section 1 of this Agreement. Such shares are hereinafter collectively referred to as the “Shares” and are describ
