PLACEMENT AGENCY AGREEMENT September 30, 2019Placement Agency Agreement • September 30th, 2019 • Benitec Biopharma LTD/ADR • Pharmaceutical preparations • New York
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • September 30th, 2019 • Benitec Biopharma LTD/ADR • Pharmaceutical preparations • New York
This Securities Purchase Agreement (this “Agreement”), dated as of September 30, 2019, is between Benitec Biopharma Limited, of Level 14, 114 William Street, Melbourne 3000, Victoria, Australia, an Australian public company incorporated under the laws of the Commonwealth of Australia (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and, collectively, the “Purchasers”).
SERIES 2 AMERICAN DEPOSITARY SHARES PURCHASE WARRANT BENITEC BIOPHARMA LIMITEDBenitec Biopharma LTD/ADR • September 30th, 2019 • Pharmaceutical preparations
THIS SERIES 2 AMERICAN DEPOSITARY SHARES PURCHASE WARRANT (the “Warrant”) certifies that, for value received, ____________ or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the date hereof (the “Initial Exercise Date”) and on or prior to _______ __, 20__1 (the “Termination Date”, but not thereafter, to subscribe for and purchase from Benitec Biopharma Limited, an Australian public company incorporated under the laws of the Commonwealth of Australia (the “Company”), up to one (1) American Depositary Share (“ADSs”), each ADS representing twenty (20) ordinary shares, no par value, of the Company (the “Ordinary Shares”) (as subject to adjustment hereunder, the “Warrant Shares”) (the ADSs issuable hereunder, the “Warrant ADSs”). The purchase price of one ADS under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).
