CONVERTIBLE PROMISSORY NOTE AMENDMENT AND RESTATEMENTConvertible Promissory Note • November 19th, 2018 • CytoDyn Inc. • Pharmaceutical preparations
This Convertible Promissory Note Amendment and Restatement (this “Amendment and Restatement”) is entered into as of November 15, 2018, by and between ILIAD RESEARCH AND TRADING, L.P., a Utah limited partnership (“Lender”), and CYTODYN INC., a Delaware corporation (“Borrower”). Capitalized terms used in this Amendment and Restatement without definition shall have the meanings given to them in the Note (as defined below).
CONFIDENTIAL INFORMATION, INVENTIONS AND NONCOMPETITION AGREEMENTConfidential Information, Inventions and Noncompetition Agreement • November 19th, 2018 • CytoDyn Inc. • Pharmaceutical preparations • Delaware
This CONFIDENTIAL INFORMATION, INVENTIONS AND NONCOMPETITION AGREEMENT (this “Agreement”), dated as of November 16, 2018 (the “Effective Date”), is by and among CYTODYN INC., a Delaware corporation (“HoldCo”), CYTODYN OPERATIONS INC., a Delaware corporation and wholly owned subsidiary of HoldCo (“OpCo” and together with HoldCo, the “Company”), and me, Dr. Richard G. Pestell.
STOCK RESTRICTION AGREEMENTStock Restriction Agreement • November 19th, 2018 • CytoDyn Inc. • Pharmaceutical preparations • Delaware
This STOCK RESTRICTION AGREEMENT (this “Agreement”) is made as of November 16, 2018 (the “Effective Date”), by and between CytoDyn Inc., a Delaware corporation (“Company”), ProstaGene, LLC, a Delaware limited liability company (“ProstaGene”), and Dr. Richard G. Pestell (the “Stockholder”).
EMPLOYMENT AGREEMENTEmployment Agreement • November 19th, 2018 • CytoDyn Inc. • Pharmaceutical preparations • Delaware
This EMPLOYMENT AGREEMENT (this “Agreement”), dated as of November 16, 2018 (the “Effective Date”), is by and among CYTODYN INC., a Delaware corporation (“HoldCo”), CYTODYN OPERATIONS INC., a Delaware corporation and wholly owned subsidiary of HoldCo (“OpCo” and together with HoldCo, the “Company”), and Richard G. Pestell (the “Executive”).
ESCROW AGREEMENTEscrow Agreement • November 19th, 2018 • CytoDyn Inc. • Pharmaceutical preparations • New York
This ESCROW AGREEMENT (as the same may be amended or modified from time to time pursuant hereto, this “Agreement”) is made and entered into as of November 16, 2018, by and among ProstaGene, LLC, a Delaware corporation (“Seller”), CytoDyn Inc. (f/k/a Point NewCo Inc.), a Delaware corporation (“Purchaser”, and together with Seller, sometimes referred to individually as “Party” or collectively as the “Parties”), and Computershare Trust Company, N.A. (the “Escrow Agent”).
