0001193125-14-227132 Sample Contracts

PFENEX INC. INDEMNIFICATION AGREEMENT
Indemnification Agreement • June 5th, 2014 • Pfenex Inc. • Pharmaceutical preparations • Delaware

This Indemnification Agreement (this “Agreement”) is dated as of [insert date] and is between Pfenex Inc., a Delaware corporation (the “Company”), and [insert name of indemnitee] (“Indemnitee”).

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CREDIT AGREEMENT
Credit Agreement • June 5th, 2014 • Pfenex Inc. • Pharmaceutical preparations • California

THIS CREDIT AGREEMENT (this “Agreement”) is entered into as of May 1, 2012, by and between PFENEX INC,, a Delaware corporation (“Borrower”), and WELLS FARGO BANK, NATIONAL ASSOCIATION (“Bank”).

PFENEX INC. INVESTORS’ RIGHTS AGREEMENT
Investors’ Rights Agreement • June 5th, 2014 • Pfenex Inc. • Pharmaceutical preparations • Delaware

THIS INVESTORS’ RIGHTS AGREEMENT (this “Agreement”) dated as of December 1, 2009, is made by and among Pfenex Inc., a Delaware corporation (the “Company”) and the parties listed on Exhibit A hereto (individually, an “Investor” and collectively, the “Investors”).

PFENEX INC. AND AGILA BIOTECH PRIVATE LIMITED JOINT VENTURE AGREEMENT
Joint Venture Agreement • June 5th, 2014 • Pfenex Inc. • Pharmaceutical preparations • England and Wales

This Joint Venture Agreement (this “Agreement”) is made as of the 7th day of March 2013 (the “Effective Date”), by and between Pfenex Inc., a Delaware corporation with a principal place of business located at 10790 Roselle Street, San Diego, CA 92121 (“Pfenex”), and Agila Biotech Private Limited, an India corporation with a principal place of business located at Strides House, Bilekahalli, Bannerghatta Road, Bangalore 560 076, India (“Agila”). Pfenex and Agila may be referred to individually as a “Party” or together as the “Parties.”

SECURITY AGREEMENT WELLS FARGO SPECIFIC RIGHTS TO PAYMENT
Security Agreement • June 5th, 2014 • Pfenex Inc. • Pharmaceutical preparations • Delaware
SECURITIES ACCOUNT CONTROL AGREEMENT (3rd Party - Trading Permitted)
Securities Account Control Agreement • June 5th, 2014 • Pfenex Inc. • Pharmaceutical preparations • California

THIS SECURITIES ACCOUNT CONTROL AGREEMENT (this “Agreement”) is entered into as of June 24, 2013, by and among PFENEX INC. (“Customer”), WELLS FARGO INSTITUTIONAL SECURITIES, LLC (“Intermediary”), and WELLS FARGO BANK, NATIONAL ASSOCIATION (“Secured Party”).

GRANT-BACK AND TECHNOLOGY LICENSE AGREEMENT
Grant-Back and Technology License Agreement • June 5th, 2014 • Pfenex Inc. • Pharmaceutical preparations • California

This Grant-Back and Technology License Agreement (“Agreement”) is effective as of the Effective Date and is by and between The Dow Chemical Company (“Dow”), a Delaware corporation having its principal offices at 2030 Dow Center, Midland, MI, 48674 USA and Pfenex Inc., a Delaware corporation (hereinafter “Pfenex”) having a principal place of business at 5501 Oberlin Drive, San Diego, CA.

SUBCONTRACT AGREEMENT FIRM FIXED PRICE COMMERCIAL ITEMS (GOVERNMENT
Subcontract Agreement • June 5th, 2014 • Pfenex Inc. • Pharmaceutical preparations • Delaware

In addition to the Quality Requirements stated in the SOW, Pfenex shall execute a Quality Management Plan suitable for process development and technical transfer (see Section 10).

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