AMENDMENT TO DEPOSIT AGREEMENTDeposit Agreement • July 27th, 2015 • Benitec Biopharma LTD/ADR • Pharmaceutical preparations • New York
AMENDMENT TO DEPOSIT AGREEMENT dated as of , 2015 (this “Amendment”) to the Deposit Agreement dated as of May 30, 2014 (the “Deposit Agreement”) among Benitec Biopharma Limited (ABN 64 068 943 662) (the “Company”), The Bank of New York Mellon, as depositary (the “Depositary”), and all Owners and Holders from to time of American Depositary Shares issued thereunder.
Benitec Biopharma Limited [•] American Depositary Shares Each Representing Twenty Ordinary Shares, no par value UNDERWRITING AGREEMENTUnderwriting Agreement • July 27th, 2015 • Benitec Biopharma LTD/ADR • Pharmaceutical preparations • New York
Benitec Biopharma Limited, ACN 068 943 662, an Australian corporation (the “Company”) that is listed on the Australian Securities Exchange (the “ASX”), proposes, subject to the terms and conditions stated herein, to issue and sell an aggregate of [•] ordinary shares of the Company, no par value (“Ordinary Shares”), to be delivered in the form of an aggregate of [•] American Depositary Shares (“ADS”), each ADS representing twenty (20) Ordinary Shares, to the several underwriters named in Schedule I (collectively, the “Underwriters”), for whom BMO Capital Markets Corp. (“BMOCM”) is acting as representative (the “Representative”). Such [•] ADSs are hereinafter called the “Firm ADSs”. The Company has also agreed to grant to the Underwriters an option (the “Option”) to purchase up to an additional [•] ADSs (the “Option ADSs” and, together with the Firm ADSs, the “Offered ADSs”) on the terms set forth in Section 1(b) hereof. The Ordinary Shares to be delivered in the form of the Firm ADSs ar
INDICATES CONFIDENTIAL MATERIAL OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT AND FILED WITH THE SECURITIES AND EXCHANGE COMMISSION SEPARATELY WITH A REQUEST FOR CONFIDENTIAL TREATMENT. COLLABORATIVE RESEARCH AND LICENSE AGREEMENTCollaborative Research and License Agreement • July 27th, 2015 • Benitec Biopharma LTD/ADR • Pharmaceutical preparations • New York
This COLLABORATIVE RESEARCH and LICENSE AGREEMENT (this “Agreement”) is entered into as of November 11, 2014 (the “Effective Date”) between Benitec Biopharma Limited, an Australian company (“Benitec”), and 4D Molecular Therapeutics, LLC, a Delaware limited liability company (“4D Molecular” or “4D”). Each of Benitec and 4D Molecular shall be a “Party” or collectively, the “Parties.”
THIS EARN-OUT AGREEMENT is made the 8th day of July 2015 BETWEENEarn-Out Agreement • July 27th, 2015 • Benitec Biopharma LTD/ADR • Pharmaceutical preparations
Biomics Biotech Co., Ltd. (Chinese Registration Number 320600400015467) of 76 Changxing Rd, Economic & Technology Development Area, Nantong 226016 P.R. China (“Biomics”)
