0001193125-10-010938 Sample Contracts

VICAL INCORPORATED and , As Warrant Agent FORM OF COMMON STOCK WARRANT AGREEMENT Dated As Of
Warrant Agreement • January 22nd, 2010 • Vical Inc • Biological products, (no disgnostic substances) • New York

COMMON STOCK WARRANT AGREEMENT (this “Agreement”), dated as of between VICAL INCORPORATED, a Delaware corporation (the “Company”) and , a [corporation] [national banking association] organized and existing under the laws of and having a corporate trust office in , as warrant agent (the “Warrant Agent”).

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VICAL INCORPORATED and , As Warrant Agent FORM OF DEBT SECURITIES WARRANT AGREEMENT Dated As Of
Warrant Agreement • January 22nd, 2010 • Vical Inc • Biological products, (no disgnostic substances) • New York

DEBT SECURITIES WARRANT AGREEMENT (this “Agreement”), dated as of between VICAL INCORPORATED, a Delaware corporation (the “Company”) and , a [corporation] [national banking association] organized and existing under the laws of and having a corporate trust office in , as warrant agent (the “Warrant Agent”).

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VICAL INCORPORATED and , As Warrant Agent FORM OF PREFERRED STOCK WARRANT AGREEMENT Dated As Of
Vical Incorporated • January 22nd, 2010 • Vical Inc • Biological products, (no disgnostic substances) • New York

PREFERRED STOCK WARRANT AGREEMENT (the “Agreement”), dated as of between VICAL INCORPORATED, a Delaware corporation (the “Company”) and , a [corporation] [national banking association] organized and existing under the laws of and having a corporate trust office in , as warrant agent (the “Warrant Agent”).

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