Benitec Biopharma Limited [●] American Depositary Shares Each Representing Twenty Ordinary Shares, no par value, together with [●]Warrants to purchase [●] an aggregate of American Depositary Shares UNDERWRITING AGREEMENTUnderwriting Agreement • August 10th, 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 (“Firm ADSs”), each American Depositary Share (“ADS”) representing twenty (20) Ordinary Shares, together with [●] warrants to purchase [●] ADSs at an exercise price equal to $[●] per ADS (“Warrants”), to Maxim Group LLC (“Maxim” or the “Underwriter”). Each ADS shall be sold together with [●] of a Warrant to purchase one (1) additional ADS. Such [●] Warrants are hereinafter called the “Firm Warrants,” and, together with the Firm ADSs, the “Firm Securities.” The Company has also agreed to grant to the Underwriter an option (the “Option”) to purchase up to an additional [●] ADSs (the “Option ADSs”, an
ADS WARRANT AGENT AGREEMENTAds Warrant Agent Agreement • August 10th, 2015 • Benitec Biopharma LTD/ADR • Pharmaceutical preparations • New York
ADS WARRANT AGENT AGREEMENT (this “Warrant Agreement”) dated as of August [●], 2015 (the “Issuance Date”) between Benitec Biopharma Limited, ACN 068 943 662, an Australian corporation (the “Company”), and The Bank of New York Mellon (the “Warrant Agent”).
