INNOVIVA, INC. and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. as Trustee INDENTURE Dated as of March 7, 2022 2.125% Convertible Senior Notes due 2028Indenture • March 8th, 2022 • Innoviva, Inc. • Pharmaceutical preparations • New York
INDENTURE, dated as of March 7, 2022, between Innoviva, Inc., a Delaware corporation, as issuer (the “Company”), and The Bank of New York Mellon Trust Company, N.A., as trustee (the “Trustee”).
Dealer Name and Address] March 2, 2022Base Capped Call Option Transaction • March 8th, 2022 • Innoviva, Inc. • Pharmaceutical preparations • New York
The purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the call option transaction entered into between [Dealer Name] (“Dealer”) and Innoviva, Inc. (“Counterparty”) as of the Trade Date specified below (the “Transaction”). This letter agreement constitutes a “Confirmation” as referred to in the ISDA Master Agreement specified below. Each party further agrees that this Confirmation together with the Agreement evidence a complete binding agreement between Counterparty and Dealer as to the subject matter and terms of the Transaction to which this Confirmation relates, and shall supersede all prior or contemporaneous written or oral communications with respect thereto.
