AND OWNERS AND HOLDERS OF AMERICAN DEPOSITARY SHARES Deposit Agreement October 9, 2019Deposit Agreement • July 21st, 2020 • BioNTech SE • Biological products, (no disgnostic substances) • New York
DEPOSIT AGREEMENT dated as of October 9, 2019 among BIONTECH SE, a European stock corporation (Societas Europea) incorporated in Germany and governed by the laws of the European Union and the Federal Republic of Germany and registered with the commercial register (Handelsregister) of the local court (Amtsgericht) of Mainz, the Federal Republic of Germany, under number HRB 48720 (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.
BioNTech SE UP TO [●] ORDINARY REGISTERED SHARES (INCLUDING ORDINARY REGISTERED SHARES REPRESENTED BY AMERICAN DEPOSITARY SHARES) ISSUABLE UPON EXERCISE OF RIGHTS TO SUBSCRIBE FOR SUCH SHARES Dealer Manager and Subscription Agent AgreementBioNTech SE • July 21st, 2020 • Biological products, (no disgnostic substances) • New York
ADS RIGHTS AGENT AGREEMENTAds Rights Agent Agreement • July 21st, 2020 • BioNTech SE • Biological products, (no disgnostic substances) • New York
BioNTech SE, a European stock corporation (Societas Europaea) incorporated in Germany and governed by the laws of the European Union and the Federal Republic of Germany and registered with the commercial register (Handelsregister) of the local court (Amtsgericht) of Mainz, the Federal Republic of Germany, under number HRB 48720 (the “Company”), will grant to existing holders (the “ADS Holders”) of American Depositary Shares (“ADSs”) issued under the Deposit Agreement dated as of October 9, 2019 (the “Deposit Agreement”) among the Company, The Bank of New York Mellon, as depositary (the “Depositary”), and all Owners and Holders (each as defined in the Deposit Agreement) from time to time of ADSs issued thereunder that are registered on the books of the Depositary as of close of business in New York City on July [●], 2020 (the “ADS Record Date”) the right (the “ADS Rights Offering”) to purchase new ADSs at a purchase price of $[●] per new ADS (the “Purchase Price”). Each ADS Holder will
SECOND AMENDMENT TO LICENSE AGREEMENT (BROAD REFERENCE NO. OLC2015079)License Agreement • July 21st, 2020 • BioNTech SE • Biological products, (no disgnostic substances)
This Second Amendment to License Agreement (this “Amendment”), effective as of November 14, 2018 (the “Amendment Effective Date”), is made by and between The Broad Institute, Inc., a non-profit Massachusetts corporation, with a principal office at 415 Main Street, Cambridge, MA 02142 (“Broad”), and Neon Therapeutics, Inc., a Delaware corporation with a principal office at 40 Erie Street, Suite 110, Cambridge, MA 02139 (“Company”). Company and Broad are each referred to herein as a “Party” and collectively as the “Parties.”
COLLABORATION AGREEMENTCollaboration Agreement • July 21st, 2020 • BioNTech SE • Biological products, (no disgnostic substances) • England and Wales
This Collaboration Agreement (the “Agreement”) is entered into as of March 17, 2020 (the “Effective Date”), by and between Pfizer Inc., a corporation organized and existing under the laws of Delaware and having a principal place of business at 235 East 42nd Street, New York, New York, 10017 United States (“Pfizer”) and BioNTech SE, a corporation organized and existing under the laws of Germany and having a place of business at An der Goldgrube 12, D-55131 Mainz, Germany (“BioNTech”). Pfizer and BioNTech may each be referred to herein individually as a “Party” and collectively as the “Parties”.
THE SYMBOL “[***]” DENOTES PLACES WHERE CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT BECAUSE IT IS BOTH (i) NOT MATERIAL, ANDBioNTech SE • July 21st, 2020 • Biological products, (no disgnostic substances)
This Amendment No 4 is made and entered into as of 25th day of November (“Amendment No 4 Effective Date”) by and between BioNTech SE, a German corporation having its principal office at An der Goldgrube 12, 55131 Mainz, Germany (“Biontech”) and Genmab A/S, CVR no. 21023884, a Danish corporation having its principal office at Kalvebod Brygge 43, DK-1560 Copenhagen V, Denmark, (“Genmab”) (Biontech and Genmab each a “Party” and together the “Parties”).
