4D Molecular Therapeutics, Inc. Common Stock, par value $0.0001 per share Underwriting AgreementUnderwriting Agreement • December 7th, 2020 • 4D Molecular Therapeutics Inc. • Biological products, (no disgnostic substances) • New York
4D Molecular Therapeutics, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated in this agreement (this “Agreement”), to issue and sell to the several Underwriters named in Schedule I hereto (the “Underwriters”) for whom you are acting as representatives (the “Representatives”) an aggregate of [●] shares (the “Firm Shares”) and, at the election of the Underwriters, up to [●] additional shares (the “Optional Shares”) of common stock, par value $0.0001 per share (“Stock”), of the Company (the Firm Shares and the Optional Shares that the Underwriters elect to purchase pursuant to Section 2 hereof being collectively called the “Shares”). In the event that the Company has a single subsidiary or does not have any subsidiaries, then all references herein to “subsidiaries” of the Company shall be deemed to refer to such single subsidiary or to the Company, respectively, mutatis mutandis.
4D MOLECULAR THERAPEUTICS, INC. INDEMNIFICATION AGREEMENTIndemnification Agreement • December 7th, 2020 • 4D Molecular Therapeutics Inc. • Biological products, (no disgnostic substances) • Delaware
This Indemnification Agreement (this “Agreement”) is effective as of «Date» by and between 4D Molecular Therapeutics, Inc., a Delaware corporation (the “Company”), and «Indemnitee» (“Indemnitee”). This Agreement supersedes and replaces any and all previous agreements between the Company and the Indemnitee covering indemnification.
EXCLUSIVE LICENSE AND BAILMENT AGREEMENT BETWEEN 4D MOLECULAR THERAPEUTICS, LLC AND THE REGENTS OF THE UNIVERSITY OF CALIFORNIA FOR ADENO-ASSOCIATED VIRUS VARIANTS FOR ENHANCED GENE DELIVERY IN THE PRESENCE OF NEUTRALIZING ANTIBODIESExclusive License and Bailment Agreement • December 7th, 2020 • 4D Molecular Therapeutics Inc. • Biological products, (no disgnostic substances) • California
This exclusive license agreement (“Agreement”) is effective December 19, 2013 (“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 94704-1347 (“REGENTS”) and 4D MOLECULAR THERAPEUTICS LLC, a Delaware limited liability company having a principal place of business at 19 Rima Court, Danville, CA 94526 (“LICENSEE”). The parties agree as follows:
EXCLUSIVE LICENSE AND BAILMENT AGREEMENT BETWEEN 4D MOLECULAR THERAPEUTICS, LLC AND THE REGENTS OF THE UNIVERSITY OF CALIFORNIA FOR ADENO-ASSOCIATED VIRUS SEROTYPE 2 (AAV2) CAPSID MUTANTS WITH NOVEL PROPERTIES FOR ENHANCED PERFORMANCE FOR GENE THERAPYExclusive License and Bailment Agreement • December 7th, 2020 • 4D Molecular Therapeutics Inc. • Biological products, (no disgnostic substances) • California
This exclusive license agreement (“Agreement”) is effective December 19, 2013 (“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 94704-1347 (“REGENTS”) and 4D MOLECULAR THERAPEUTICS LLC, a Delaware limited liability company having a principal place of business at 19 Rima Court, Danville, CA 94526 (“LICENSEE”). The parties agree as follows:
4D Molecular Therapeutics, Inc. Employment AgreementEmployment Agreement • December 7th, 2020 • 4D Molecular Therapeutics Inc. • Biological products, (no disgnostic substances) • California
This Employment Agreement (this “Agreement”), dated as of January 15, 2019, is made by and between 4D Molecular Therapeutics, Inc., a Delaware corporation (together with any successor thereto, the “Company”), and Peter Francis, M.D. (“Executive”) (collectively referred to as the “Parties” or individually referred to as a “Party”).
