XCYTE THERAPIES, INC. Shares Common Stock ($0.001 par value per Share) UNDERWRITING AGREEMENTUnderwriting Agreement • February 17th, 2004 • Xcyte Therapies Inc • Pharmaceutical preparations • New York
Xcyte Therapies, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the underwriters named in Schedule A annexed hereto (the “Underwriters”), for whom you are acting as representatives, an aggregate of [# of firm shares] shares (the “Firm Shares”) of Common Stock, $0.001 par value per share (the “Common Stock”), of the Company. In addition, solely for the purpose of covering over-allotments, the Company proposes to grant to the Underwriters the option to purchase from the Company up to an additional [# of additional shares] shares of Common Stock (the “Additional Shares”). The Firm Shares and the Additional Shares are hereinafter collectively sometimes referred to as the “Shares.” The Shares are described in the Prospectus which is referred to below.
ContractCollaboration Agreement • February 17th, 2004 • Xcyte Therapies Inc • Pharmaceutical preparations • Delaware
Confidential treatment has been requested for portions of this exhibit. The copy filed herewith omits the information subject to the confidentiality request. Omissions are designated as [*]. A complete version of this exhibit has been filed separately with the Securities and Exchange Commission.
ContractService Agreement • February 17th, 2004 • Xcyte Therapies Inc • Pharmaceutical preparations • England
Confidential treatment has been requested for portions of this exhibit. The copy filed herewith omits the information subject to the confidentiality request. Omissions are designated as [*****]. A complete version of this exhibit has been filed separately with the Securities and Exchange Commission.
DEVELOPMENT AND SUPPLY AGREEMENTDevelopment and Supply Agreement • February 17th, 2004 • Xcyte Therapies Inc • Pharmaceutical preparations
This Development and Supply Agreement (the “Agreement”) is made and entered into as of the 1st day of August, 1999 (the “Effective Date”) by and between XCYTE THERAPIES, INC., a Delaware corporation with offices at 1124 Columbia Street. Suite 130 Seattle, Washington 98104 (hereinafter referred to as “Xcyte”), and DYNAL A.S., a Norwegian corporation, with offices at P.O. Box 158, Skøyen, N-0212 Oslo, Norway (hereinafter referred to as “Dynal”).
NON-EXCLUSIVE LICENSE AGREEMENTNon-Exclusive License Agreement • February 17th, 2004 • Xcyte Therapies Inc • Pharmaceutical preparations • Washington
This Agreement is entered into as of the 20th day of October, 1999 (“Effective Date”) by and between the Fred Hutchinson Cancer Research Center, a Washington non-profit corporation (“FHCRC”) and Xcyte Therapies, Inc (“LICENSEE”), a Delaware corporation having a place of business at 2203 Airport Way S., Suite 300, Seattle, Washington 98134. All references to LICENSEE shall include its AFFILIATES.
LICENSE AND SUPPLY AGREEMENTLicense and Supply Agreement • February 17th, 2004 • Xcyte Therapies Inc • Pharmaceutical preparations • Washington
This License and Supply Agreement (“Agreement”) is entered into as of October 15th, 1999 (the “Effective Date”) by and between Xcyte Therapies, Inc., a Delaware corporation having a principal place of business at 2203 Airport Way South, Suite 300, Seattle, Washington 98134, United States (“Xcyte”), and Diaclone S.A., a French corporation having a principal place of business at 1 Boulevard Fleming, B.P. 1985 F-25020 Besancon Cedex, France (“Diaclone”).
AMENDMENT NO. 1 TO LICENSE AGREEMENTLicense Agreement • February 17th, 2004 • Xcyte Therapies Inc • Pharmaceutical preparations
This Amendment No. 1 to License Agreement (the “Amendment”) is effective as of April 10, 2003, by and between Xcyte Therapies, Inc., a Delaware corporation (the “Company”) and Genetics Institute, L.L.C. (formerly Genetics Institute, Inc.) (“GI).
THIRD AMENDMENT TO LEASELease Agreement • February 17th, 2004 • Xcyte Therapies Inc • Pharmaceutical preparations
THIS THIRD AMENDMENT TO LEASE (this “Third Amendment”) is made as of this 12th day of November, 2003, by and between ALEXANDRIA REAL ESTATE EQUITIES, INC., a Maryland corporation (“Landlord”), and XCYTE THERAPIES, INC., a Delaware corporation (“Tenant”).
XCYTE THERAPIES, INC. EMPLOYMENT AGREEMENTEmployment Agreement • February 17th, 2004 • Xcyte Therapies Inc • Pharmaceutical preparations • Washington
This Employment Agreement (the “Agreement”) is dated as of January 15, 2004 (the “Effective Date”), by and between Robert Lawrence Kirkman, MD (“Employee”) and Xcyte Therapies, Inc., a Delaware corporation (the “Company”), and sets forth the terms and conditions with respect to Employee’s employment with the Company as of and after the date of this Agreement.
XCYTE FIRST AMENDMENT TO LICENSE AND SUPPLY AGREEMENT BETWEEN DIACLONE AND XCYTE THERAPIES DATED OCTOBER 15, 1999.License and Supply Agreement • February 17th, 2004 • Xcyte Therapies Inc • Pharmaceutical preparations
This First Amendment to the License and Supply Agreement is entered into as of August 15, 2000 (“Effective Date”) by and between Xcyte Therapies, a Delaware corporation having a principal place of business at 1124 Columbia Street, Seattle, Washington 98104, United States (“Xcyte”) and Diaclone S.A., a French corporation having a principal place of business at One Boulevard Fleming, B.P. 1985 F-25020 Besancon Cadet, France (“Diaclone”).
LICENSE AGREEMENTLicense Agreement • February 17th, 2004 • Xcyte Therapies Inc • Pharmaceutical preparations • Michigan
This exclusive license (hereinafter called “LICENSE”) is made and entered into by and between the United States of America as represented by the Secretary of the Navy (hereinafter called “LICENSOR”) and Genetics Institute, Inc., a Delaware corporation (hereinafter called. “LICENSEE”) having an address at 87 CambridgePark Drive, Cambridge, Massachusetts 02140.
