ERYTECH PHARMA S.A. AND THE BANK OF NEW YORK MELLON As Depositary AND OWNERS AND HOLDERS OF AMERICAN DEPOSITARY SHARES Amended and Restated Deposit Agreement Dated as of May 14, 2018Deposit Agreement • September 21st, 2020 • Erytech Pharma S.A. • Biological products, (no disgnostic substances) • New York
AMENDED AND RESTATED DEPOSIT AGREEMENT dated as of May 14, 2018 among ERYTECH PHARMA S.A., a company incorporated under the laws of France (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.
ERYTECH PHARMA S.A. AMERICAN DEPOSITARY SHARES each representing one (1) Ordinary Share SALES AGREEMENTSales Agreement • September 21st, 2020 • Erytech Pharma S.A. • Biological products, (no disgnostic substances) • New York
ERYTECH Pharma S.A., a société anonyme organized under the laws of France and registered with the Register of Commerce and Companies (Registre du Commerce et des Sociétés) of Lyon under number 479 560 013 (the “Company”), confirms its agreement (this “Agreement”) with Cowen and Company, LLC (“Cowen”), as follows:
