SINOVAC BIOTECH LTD. SHAREHOLDERS AGREEMENT Dated as of July 2, 2018Shareholders Agreement • July 3rd, 2018 • Sinovac Biotech LTD • Pharmaceutical preparations • New York
This Shareholders Agreement, dated as of July 2, 2018, by and among Sinovac Biotech Ltd. (the “Company”), and Vivo Capital, LLC (the “Lead Investor”) and Prime Success, L.P. (the “Co-Investor”, and together with the Lead Investor, each an “Investor” and collectively, the “Investors”).
SINOVAC BIOTECH LTD.Rights Agreement • July 3rd, 2018 • Sinovac Biotech LTD • Pharmaceutical preparations • Delaware
This Fourth Amendment (this “Amendment”), dated as of July 2, 2018, to the Rights Agreement, dated as of March 28, 2016, as amended on March 24, 2017, June 26, 2017 and March 6, 2018 (as amended, the “Rights Agreement”), is between Sinovac Biotech Ltd., a company limited by shares under the laws of Antigua and Barbuda (the “Company”), and Pacific Stock Transfer Company (the “Rights Agent”), and shall be effective immediately prior to the Company’s entry into that certain Securities Purchase Agreement (as it may be amended from time to time, the “Securities Purchase Agreement”) to be entered into by and among the Company, Vivo Capital, LLC, a limited liability company organized under the laws of the State of California, and Prime Success, L.P., an exempted limited partnership registered in the Cayman Islands.
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • July 3rd, 2018 • Sinovac Biotech LTD • Pharmaceutical preparations • New York
This REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of July 2, 2018, is by and among Sinovac Biotech Ltd. (the “Company”), and Vivo Capital, LLC and Prime Success, L.P. (each, an “Investor” and collectively, the “Investors”). The Investors and any other Person who may become a party hereto pursuant to Section 11(c) are referred to individually as a “Shareholder” and collectively as the “Shareholders.”
Form of Director Confidentiality AgreementDirector Confidentiality Agreement • July 3rd, 2018 • Sinovac Biotech LTD • Pharmaceutical preparations • Delaware
In connection with my nomination and service as a member of the board of directors (a “Director”) of Sinovac Biotech Ltd., a company limited by shares under the laws of Antigua and Barbuda (the “Company”), I hereby agree with the Company as follows:
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • July 3rd, 2018 • Sinovac Biotech LTD • Pharmaceutical preparations • Hong Kong
This SECURITIES PURCHASE AGREEMENT, dated as of July 2, 2018 (this “Agreement”), is made by and among Vivo Capital, LLC (the “Lead Investor”), Prime Success, L.P. (the “Co-Investor”, and together with the Lead Investor, each an “Investor” and collectively, the “Investors”), and Sinovac Biotech Ltd. (the “Company”). The Company and the Investors are referred to herein as a “Party” and, collectively, as the “Parties”. All capitalized terms used in this Agreement shall have the meanings assigned to such terms in Section 1.1 or as otherwise defined elsewhere in this Agreement unless the context clearly indicates otherwise.
Advantech Master Investment Limited c/o Advantech Capital Suites 1702-03, 17/F One Exchange Square, 8 Connaught Place Central, Hong KongLetter Agreement • July 3rd, 2018 • Sinovac Biotech LTD • Pharmaceutical preparations • New York
Reference is made to that certain (i) Securities Purchase Agreement, dated as of the date hereof (the “Agreement”), by and among Sinovac Biotech Ltd. (the “Company”), Prime Success, L.P. (“Investor”) and Vivo Capital, LLC, and (ii) Promissory Note, dated as of July 2, 2018, issued by Investor in favor of the Company (the “Promissory Note”). This letter agreement becomes effective concurrently with the Closing. Capitalized terms used and not otherwise defined herein have the meanings ascribed to them in the Agreement.
