ContractWarrant Agreement • February 5th, 2013 • Pacific Biosciences of California Inc • Laboratory analytical instruments • New York
THIS WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE HEREOF HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), OR ANY STATE SECURITIES LAW, AND MAY NOT BE SOLD, TRANSFERRED, ASSIGNED, PLEDGED, HYPOTHECATED OR OTHERWISE DISPOSED OF OR EXERCISED UNLESS (I) THE RESALE OR TRANSFER OF SUCH SECURITIES IS PURSUANT TO A REGISTRATION STATEMENT UNDER THE SECURITIES ACT AND APPLICABLE STATE SECURITIES LAWS THAT IS EFFECTIVE AT THE TIME OF SUCH RESALE OR TRANSFER, OR (II) AN EXEMPTION FROM REGISTRATION UNDER THE SECURITIES ACT AND APPLICABLE STATE SECURITIES LAWS IS AVAILABLE IN CONNECTION WITH SUCH OFFER, SALE OR TRANSFER.
FACILITY AGREEMENTFacility Agreement • February 5th, 2013 • Pacific Biosciences of California Inc • Laboratory analytical instruments • New York
FACILITY AGREEMENT (as amended, restated, modified or otherwise supplemented from time to time, this “Agreement”), dated as of February 5, 2013, between Pacific Biosciences of California, Inc., a Delaware corporation (the “Borrower”), and the lenders set forth on the signature page of this Agreement (the “Lenders” and, together with the Borrower, the “Parties”).
SECURITY AGREEMENTSecurity Agreement • February 5th, 2013 • Pacific Biosciences of California Inc • Laboratory analytical instruments • New York
This Security Agreement (as amended, restated, modified or otherwise supplemented from time to time, this “Agreement”), dated as of February 5, 2013, is entered into between Pacific Biosciences of California, Inc., a Delaware corporation (“Obligor”), in favor of the entities identified as secured parties on the signature page of this Agreement (together, the “Secured Party”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • February 5th, 2013 • Pacific Biosciences of California Inc • Laboratory analytical instruments • New York
REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of February 5, 2013, by and among Pacific Biosciences of California, Inc., a Delaware corporation (the “Company”), and those lenders set forth on Schedule 1 to the Facility Agreement (as defined below) (each individually, a “Lender” and together, the “Lenders”).
