ContractVaxart, Inc. • February 20th, 2018 • Biological products, (no disgnostic substances) • Delaware
THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR THE SECURITIES LAWS OF ANY STATE AND, EXCEPT AS SET FORTH IN SECTIONS 5.3 AND 5.4 BELOW, MAY NOT BE OFFERED, SOLD, PLEDGED OR OTHERWISE TRANSFERRED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND LAWS OR, IN THE OPINION OF LEGAL COUNSEL IN FORM AND SUBSTANCE SATISFACTORY TO THE COMPANY, SUCH OFFER, SALE, PLEDGE OR OTHER TRANSFER IS EXEMPT FROM SUCH REGISTRATION.
INDEMNITY AGREEMENTIndemnity Agreement • February 20th, 2018 • Vaxart, Inc. • Biological products, (no disgnostic substances) • Delaware
THIS INDEMNITY AGREEMENT (the “Agreement”) is made and entered into as of [•], 2018, between VAXART, INC., a Delaware corporation (the “Company”), and [•] (“Indemnitee”).
SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • February 20th, 2018 • Vaxart, Inc. • Biological products, (no disgnostic substances)
THIS SECOND AMENDMENT to Loan and Security Agreement (this “Amendment”) is entered into as of February 13, 2018 (the “Amendment Date”), by and among OXFORD FINANCE LLC, a Delaware limited liability company with an office located at 133 North Fairfax Street, Alexandria, Virginia 22314 (in its individual capacity, “Oxford”; and in its capacity as Collateral Agent, “Collateral Agent”), the Lenders listed on Schedule 1.1 to the Loan Agreement (as defined below) from time to time including Oxford in its capacity as a Lender (each a “Lender” and collectively, the “Lenders”), VAXART, INC., a Delaware corporation with offices located at 290 Utah Ave., Suite 200, South San Francisco, CA 94080, (which will change its name to “VAXART BIOSCIENCES, INC.” effective immediately prior to the Closing Date pursuant to the Merger Agreement (as each term is defined below)(“Existing Borrower”), AVIRAGEN THERAPEUTICS, INC., a Delaware corporation with offices located at 2500 Northwinds Parkway, Suite 100, A
