Form of Warrant PRE-FUNDED COMMON STOCK PURCHASE WARRANT BENITEC BIOPHARMA INC.Benitec Biopharma Inc. • October 1st, 2020 • Pharmaceutical preparations • New York
THIS PRE-FUNDED COMMON STOCK 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 set forth above (the “Initial Exercise Date”) until this Warrant is exercised in full (the “Termination Date”) but not thereafter, to subscribe for and purchase from Benitec Biopharma Inc., a Delaware corporation (the “Company”), up to ______ shares (as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).
] Shares of Common Stock and Pre-Funded Warrants to Purchase [ ] Shares of Common Stock Benitec Biopharma Inc. UNDERWRITING AGREEMENTUnderwriting Agreement • October 1st, 2020 • Benitec Biopharma Inc. • Pharmaceutical preparations
Benitec Biopharma Inc. a Delaware corporation (the “Company”), proposes to issue and sell to H.C. Wainwright & Co., LLC (the “Underwriter”) an aggregate of (i) [ ] shares (the “Firm Shares”) of the common stock, par value $0.0001 per share, of the Company (“Common Stock”) and (ii) pre-funded warrants to purchase [ ] shares of Common Stock at an exercise price of $0.01 per share (the “Pre-Funded Warrants” and, collectively with the Firm Shares, the “Firm Securities”). The amount and form of the Firm Securities to be purchased by the Underwriter is set forth opposite its name on Schedule I hereto. The Company also proposes to sell to the Underwriter, at the option of the Underwriter, up to an additional [ ] shares of Common Stock (the “Option Shares” or the “Option Securities”). The Firm Shares and the Option Shares are hereinafter referred to collectively as the “Shares”; the shares of Common Stock issuable upon exercise of the Pre-Funded Warrants are referred to herein as the “Warrant
