XBiotech Inc. EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • May 1st, 2019 • XBiotech Inc. • Pharmaceutical preparations • New York
As further set forth in this agreement (this “Agreement”), XBiotech Inc., a company incorporated under the laws of the Province of British Columbia (the “Company”), proposes to issue and sell from time to time through Piper Jaffray & Co. (the “Agent”), as sales agent, the Company’s common shares, no par value per share (the “Common Stock”) (such shares of Common Stock to be sold pursuant to this Agreement, the “Shares”), on terms set forth herein. Notwithstanding anything to the contrary contained herein, the parties hereto agree that compliance with the limitation set forth in Section 2 of this Agreement on the number of Shares issued and sold under this Agreement shall be the sole responsibility of the Company, and the Agent shall have no obligation in connection with such compliance.
