6,000,000 Shares TERCICA, INC. COMMON STOCK UNDERWRITING AGREEMENTUnderwriting Agreement • February 7th, 2005 • Tercica Inc • Pharmaceutical preparations • New York
Tercica, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several Underwriters named in Schedule I hereto (the “Underwriters”) 6,000,000 shares of its common stock, par value $0.001 per share (the “Firm Shares”). The Company also proposes to issue and sell to the several Underwriters not more than an additional 900,000 shares of its common stock, par value $0.001 per share (the “Additional Shares”), if and to the extent that you, as managers of the offering, shall have determined to exercise, on behalf of the Underwriters, the right to purchase such shares of common stock granted to the Underwriters in Section 2 hereof. The Firm Shares and the Additional Shares are hereinafter collectively referred to as the “Shares.” The shares of common stock, par value $0.001 per share, of the Company to be outstanding after giving effect to the sales contemplated hereby are hereinafter referred to as the “Common Stock.”
TERCICA, INC. COMMON STOCK AGREEMENTCommon Stock Agreement • February 7th, 2005 • Tercica Inc • Pharmaceutical preparations • California
THIS COMMON STOCK AGREEMENT (the “Agreement”) is made effective as of January 21, 2005, by and between TERCICA, INC., a Delaware corporation (the “Company”) and VENTURE LENDING & LEASING IV, LLC, a Delaware limited liability company (“VLL”).
LOAN AGREEMENT Dated as of January 21, 2005 between TERCICA, INC., a Delaware corporation, as “Borrower”, and VENTURE LENDING & LEASING IV, INC., a Maryland corporation, as “Lender”Loan Agreement • February 7th, 2005 • Tercica Inc • Pharmaceutical preparations • California
The Borrower and Lender identified on the cover page of this document have entered or anticipate entering into one or more transactions pursuant to which Lender agrees to make available to Borrower a loan facility governed by the terms and conditions set forth in this document and one or more Supplements executed by Borrower and Lender which incorporate this document by reference. Each Supplement constitutes a supplement to and forms part of this document, and will be read and construed as one with this document, so that this document and the Supplement constitute a single agreement between the parties (collectively referred to as this “Agreement”).
