LOAN AND SECURITY AGREEMENTLoan and Security Agreement • June 26th, 2020 • Berkeley Lights, Inc. • Laboratory analytical instruments
This LOAN AND SECURITY AGREEMENT (this “Agreement”) is entered into as of May 23, 2018, by and between EAST WEST BANK (“Bank”) and BERKELEY LIGHTS, INC. (“Borrower”).
FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • June 26th, 2020 • Berkeley Lights, Inc. • Laboratory analytical instruments
This First Amendment to Loan and Security Agreement (this “Amendment”) is entered into as of April 18, 2019, by and between EAST WEST BANK (“Bank”) and BERKELEY LIGHTS, INC. (“Borrower”).
COLLABORATION AGREEMENTCollaboration Agreement • June 26th, 2020 • Berkeley Lights, Inc. • Laboratory analytical instruments • Delaware
This COLLABORATION AGREEMENT (this “Agreement”), effective as of September 13th, 2019 (“Effective Date”), is between Ginkgo Bioworks, Inc., a Delaware corporation with offices located at 27 Drydock Avenue, 8th floor, Boston, Massachusetts 02210 (“Ginkgo”), and Berkeley Lights, Inc., a Delaware corporation with offices located at 5858 Horton Street, Suite 320, Emeryville, California 94608 (“BLI”). Ginkgo and BLI may each be referred to herein as a “Party” or, collectively, as the “Parties.”
SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • June 26th, 2020 • Berkeley Lights, Inc. • Laboratory analytical instruments
This Second Amendment to Loan and Security Agreement (this “Amendment”) is entered into as of March 17, 2020, by and between EAST WEST BANK (“Bank”) and BERKELEY LIGHTS, INC. (“Borrower”).
UNIVERSITY OF CALIFORNIA, BERKELEY OFFICE OF TECHNOLOGY LICENSINGExclusive License • June 26th, 2020 • Berkeley Lights, Inc. • Laboratory analytical instruments • California
This exclusive license agreement (“Agreement”) is effective October 25, 2011 (“Effective Date”), by and between THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, a California corporation, whose legal address is 1111 Franklin Street, 12th Floor, Oakland, California 94607-5200, acting through its Office of Technology Licensing, at the University of California, Berkeley, 2150 Shattuck Avenue, Suite 510, Berkeley, CA 94720-1620 (“REGENTS”) and BERKELEY LIGHTS, INC., a Delaware corporation having a principal place of business at [***] (“LICENSEE”). The parties agree as follows:
Amendment No. 1 to Terms and Conditions of PurchaseTerms and Conditions of Purchase • June 26th, 2020 • Berkeley Lights, Inc. • Laboratory analytical instruments
This Amendment No. 1 to Terms and Conditions of Purchase (the “Amendment”), effective as of the date of full execution (“Amendment Effective Date”), is entered into by and between:
BERKELEY LIGHTS, INC. FIFTH AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENTInvestors’ Rights Agreement • June 26th, 2020 • Berkeley Lights, Inc. • Laboratory analytical instruments • California
This Fifth Amended and Restated Investors’ Rights Agreement (this “Agreement”) is made and entered into as of March 28, 2018, by and among Berkeley Lights, Inc., a Delaware corporation (the “Company”) and the parties listed on Exhibit A attached hereto (the “Investors”).
Certain information in this document has been excluded pursuant to Regulation S-K, Item 601(b)(10). Such excluded information is not material and would likely cause competitive harm to the registrant if publicly disclosed.Consulting Agreement • June 26th, 2020 • Berkeley Lights, Inc. • Laboratory analytical instruments • California
On behalf of Berkeley Lights, Inc. (the “Company”), I am pleased to provide this letter to memorialize our agreement to extend your relationship with the Company under that certain Strategic / Scientific Advisor Consulting Agreement originally effective as of April 1, 2017 (the “Consulting Agreement”) as Chairman of the Company’s Strategic / Scientific Advisory Board (the “SSAB”). Capitalized terms used herein shall have the respective meanings set forth in the Consulting Agreement.
OFFICE LEASE BETWEEN Emery Station Office II, LLC (LANDLORD) a California limited liability company AND Berkeley Lights, Inc. (TENANT) a Delaware corporationOffice Lease • June 26th, 2020 • Berkeley Lights, Inc. • Laboratory analytical instruments • California
ContractWarrant Agreement • June 26th, 2020 • Berkeley Lights, Inc. • Laboratory analytical instruments • California
THIS WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933 AS AMENDED (the “1933 ACT”), OR ANY STATE SECURITIES LAWS. THEY MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED, OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT RELATED THERETO OR AN OPINION OF COUNSEL REASONABLY SATISFACTORY TO YOU THAT SUCH REGISTRATION IS NOT REQUIRED UNDER THE 1933 ACT, OR ANY APPLICABLE STATE SECURITIES LAWS.
AMENDMENT TO EXCLUSIVE LICENSE BETWEEN BERKELEY LIGHTS, INC. AND THE REGENTS OF THE UNIVERSITY OF CALIFORNIA FOR OPTOELECTRONIC TWEEZER TECHNOLOGYExclusive License • June 26th, 2020 • Berkeley Lights, Inc. • Laboratory analytical instruments
This AMENDMENT TO EXCLUSIVE LICENSE (“Amendment”) is made and entered into this 14th day of March, 2016 (“Effective Date”), by and between THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, a California corporation, whose legal address is 1111 Franklin Street, 12th Floor, Oakland, California 94607-5200, acting through its Office of Technology Licensing, at the University of California, Berkeley, 2150 Shattuck Avenue, Suite 510, Berkeley, California 94720-1620 (“REGENTS”) and BERKELEY LIGHTS, INC., a Delaware corporation with a principal place of business at 5858 Horton Street, Suite 320, Emeryville, California 94608 (“LICENSEE”).
SUBLEASESublease • June 26th, 2020 • Berkeley Lights, Inc. • Laboratory analytical instruments • California
