ERYTECH PHARMA S.A. AND THE BANK OF NEW YORK MELLON As Depositary AND OWNERS AND HOLDERS OF AMERICAN DEPOSITARY SHARES Amended and Restated Deposit Agreement Dated as of , 2017Deposit Agreement • October 6th, 2017 • Erytech Pharma S.A. • Biological products, (no disgnostic substances) • New York
AMENDED AND RESTATED DEPOSIT AGREEMENT dated as of , 2017 among ERYTECH PHARMA S.A., a company incorporated under the laws of France (herein called the Company), THE BANK OF NEW YORK MELLON, a New York banking corporation (herein called the Depositary), and all Owners and Holders (each as hereinafter defined) from time to time of American Depositary Shares issued hereunder.
EXCLUSIVE SUPPLY AGREEMENT for recombinant L-AsparaginaseExclusive Supply Agreement • October 6th, 2017 • Erytech Pharma S.A. • Biological products, (no disgnostic substances)
THIS SUPPLY AGREEMENT is entered between ERYTECH PHARMA S.A, a company incorporated under the laws of the Republic of France (no 479 560 013 RCS Lyon), having its registered head office at Bâtiment Adenine, 60 avenue Rockefeller, 69008 Lyon, France, represented by Mr. Pierre-Olivier Goineau, Chief Executive Officer, (VAT No. FR 10479560013), hereinafter referred to as “ERYtech Pharma” and MEDAC GMBH, a company having its registered head office at Theaterstrasse 6, D22880 Wedel, Germany represented by Nikolaus Graf Stolberg, Managing Director and Dr. Michaela Rehberg, Director Drug Regulatory Affairs/Pharmaceutical Development (VAT No. DE 118579535), hereinafter referred to as “medac”, hereinafter referred to individually or collectively as the “Parties” and individually as a “Party”.
PUBLIC HEALTH SERVICE PATENT LICENSE AGREEMENT — EXCLUSIVE COVER PAGEPatent License Agreement • October 6th, 2017 • Erytech Pharma S.A. • Biological products, (no disgnostic substances) • District of Columbia
This Patent License Agreement, hereinafter referred to as the “Agreement”, consists of this Cover Page, an attached Agreement, a Signature Page, Appendix A (List of Patent(s) or Patent Application(s)), Appendix B (Fields of Use and Territory), Appendix C (Royalties), Appendix D (Benchmarks and Performance), Appendix E (Commercial Development Plan), Appendix F (Example Royalty Report), and Appendix G (Royalty Payment Options). The Parties to this Agreement are:
ADDENDUM N° 2 TO EXCLUSIVE SUPPLY AGREEMENT for recombinant L-AsparaginaseExclusive Supply Agreement • October 6th, 2017 • Erytech Pharma S.A. • Biological products, (no disgnostic substances)
ERYTECH Pharma S.A, a company incorporated under the laws of the Republic of France (n° 479 560 013 RCS Lyon; VAT No. FR 10479560013)), having its registered head office at Bâtiment Adenine, 60 avenue Rockefeller, 69008 Lyon, France, represented by Mr Gil Beyen, Chief Executive Officer, and by Mr Jérôme Bailly, Qualified Person,
ADDENDUM N° 2 TO EXCLUSIVE SUPPLY AGREEMENTExclusive Supply Agreement • October 6th, 2017 • Erytech Pharma S.A. • Biological products, (no disgnostic substances)
ERYTECH Pharma S.A, a company incorporated under the laws of the Republic of France (n° 479 560 013 RCS Lyon; VAT No. FR 10479560013)), having its registered head office at Bâtiment Adenine, 60 avenue Rockefeller, 69008 Lyon, France, represented by Mr GIl Beyen, Chief Executive Officer, and by Mr Jérôme Bailly, Qualified Person,
EXCLUSIVE SUPPLY AGREEMENTExclusive Supply Agreement • October 6th, 2017 • Erytech Pharma S.A. • Biological products, (no disgnostic substances)
ERYtech Pharma S.A, a company incorporated under the laws of the Republic of France (no 479 560 013 RCS Lyon), having its registered head office at Bâtiment Adenine, 60 avenue Rockefeller, 69008 Lyon, represented by Mr. Pierre-Olivier Goineau, Chief Operating Officer,
EXCLUSIVE DISTRIBUTION AGREEMENTExclusive Distribution Agreement • October 6th, 2017 • Erytech Pharma S.A. • Biological products, (no disgnostic substances)
• ERYtech Pharma S.A, a Societé Anonyme existing and organized under the laws of the Republic of France, having its registered head office at 60 Avenue Rockefeller, Bâtiment Adenine, 69008 Lyon, France, with a registered capital of 315.355 Euros;
ADDENDUM N°3 TO THE AGREEMENTAddendum • October 6th, 2017 • Erytech Pharma S.A. • Biological products, (no disgnostic substances)
• ERYTECH Pharma, S.A. with a share capital of 792 461,10 euros €, having its registered head office in Lyon 08, Bâtiment Adénine, 60 avenue Rockefeller, registered with the Trade and Companies Registry of Lyon under the number 479 560 013, represented by Mr Gil BEYEN, Chief Executive Officer, (“ERYTECH”)
RIDER No. 1 TO THE LEASE SIGNED ON JUNE 9, 2015 TAKING EFFECT ON JULY 1, 2015Lease Agreement • October 6th, 2017 • Erytech Pharma S.A. • Biological products, (no disgnostic substances)
A French Real Estate Investment Company with its headquarters located in the 17th Arrondissement of Paris at 9, rue Jadin, and listed in the Paris Trade and Companies Register under number D 513 811 638,
