0001140361-15-018207 Sample Contracts

Contract
Warrant Agreement • May 7th, 2015 • XOMA Corp • Pharmaceutical preparations • California

THIS WARRANT AND THE SHARES ISSUABLE UPON EXERCISE HEREOF HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR ANY STATE SECURITIES LAWS, AND MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED, OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT RELATED THERETO OR, SUBJECT TO SECTION 11 HEREOF, AN OPINION OF COUNSEL (WHICH MAY BE COMPANY COUNSEL) REASONABLY SATISFACTORY TO THE COMPANY THAT SUCH REGISTRATION IS NOT REQUIRED UNDER THE ACT, OR ANY APPLICABLE STATE SECURITIES LAWS.

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XOMA CORPORATION CHANGE OF CONTROL SEVERANCE AGREEMENT
Change of Control Severance Agreement • May 7th, 2015 • XOMA Corp • Pharmaceutical preparations • California

This Change of Control Severance Agreement (the “Agreement”) is made and entered into effective as of April 3, 2015 (the “Effective Date”), by and between Thomas Burns (the “Employee”) and XOMA Corporation, a Delaware corporation (the “Company”).

OFFICER EMPLOYMENT AGREEMENT
Officer Employment Agreement • May 7th, 2015 • XOMA Corp • Pharmaceutical preparations • California

This Officer Employment Agreement (“Agreement”), dated this 3rd day of April, 2015, by and between XOMA Corporation (“XOMA” or the “Company”), a Delaware corporation with its principal office at 2910 Seventh Street, Berkeley, California, and Thomas Burns (“Employee”), an individual residing at 384 Riviera Drive, San Rafael, California 94901.

LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • May 7th, 2015 • XOMA Corp • Pharmaceutical preparations • California

THIS LOAN AND SECURITY AGREEMENT is made and dated as of February 27, 2015 and is entered into by and between XOMA CORPORATION, a Delaware corporation, XOMA (US) LLC, a Delaware limited liability company, and XOMA Commercial LLC, a Delaware limited liability company and each of their Affiliates from time to time made parties to this Agreement (each individually referred to as a “Borrower” and hereinafter collectively referred to as the “Borrower”), XOMA TECHNOLOGY LTD, a Bermuda exempted company, the several banks and other financial institutions or entities from time to time parties to this Agreement (collectively, referred to as “Lender”) and HERCULES TECHNOLOGY GROWTH CAPITAL, INC., a Maryland corporation, in its capacity as administrative agent for itself and the Lender (in such capacity, the “Agent”).

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