XCYTE THERAPIES, INC. 1,500,000 Shares [ %] Convertible Exchangeable Preferred Stock ($0.001 par value per Share) UNDERWRITING AGREEMENTUnderwriting Agreement • October 21st, 2004 • Xcyte Therapies Inc • Pharmaceutical preparations • New York
Such counsel is of the opinion that the sections of the Registration Statement and the Prospectus captioned “Risk Factors—Risks Related To Our Business—Our ability to initiate a pivotal trial in patients with CLL on our proposed protocol and timeline is uncertain and highly dependent on the FDA,” “Risk Factors—Risks Related To Our Business —We may fail to obtain or may experience delays in obtaining regulatory approval to market Xcellerated T Cells, which will significantly harm our business,” “Risk Factors—Risks Related To Our Business —Even if we obtain regulatory approvals for Xcellerated T Cells, those approvals and ongoing regulation of our products may limit how we manufacture and market our products, which could prevent us from realizing the full benefit of our efforts,” “Risk Factors—Risks Related To Our Business —If we or any of our third party manufacturers do not maintain high standards of manufacturing, our ability to develop and commercialize Xcellerated T Cells could be d
XCYTE THERAPIES, INC. AND U.S. BANK NATIONAL ASSOCIATION as Trustee INDENTURE Dated as of , 2004 % Convertible Subordinated DebenturesAnd • October 21st, 2004 • Xcyte Therapies Inc • Pharmaceutical preparations • New York
INDENTURE, dated as of , 2004, between Xcyte Therapies, Inc., a Delaware corporation (hereinafter sometimes called the “Company”, as more fully set forth in Section 1.1), and U.S. Bank National Association, a national banking association organized and existing under the laws of the United States, as trustee (hereinafter sometimes called the “Trustee”, as more fully set forth in Section 1.1).
