0001193125-20-322658 Sample Contracts

AGREEMENT AND PLAN OF MERGER by and among NANTKWEST, INC., NECTARINE MERGER SUB, INC. and IMMUNITYBIO, INC. Dated as of December 21, 2020

Merger Agreement • December 21st, 2020 • Cambridge Equities, LP • Biological products, (no disgnostic substances) • Delaware

• Contract Type
  Merger Agreement
• Filed
  December 21st, 2020
• Company
  Cambridge Equities, LP
• Industry
  Biological products, (no disgnostic substances)
• Jurisdiction
  Delaware

This AGREEMENT AND PLAN OF MERGER, dated as of December 21, 2020 (this “Agreement”), is entered into by and among ImmunityBio, Inc., a Delaware corporation (the “Company”), NantKwest, Inc., a Delaware corporation (“Parent”), and Nectarine Merger Sub, Inc., a Delaware corporation and a wholly owned Subsidiary of Parent (“Merger Sub” and, together with the Company and Parent, the “Parties” and each, a “Party”).

VOTING AGREEMENT

Voting Agreement • December 21st, 2020 • Cambridge Equities, LP • Biological products, (no disgnostic substances) • Delaware

• Contract Type
  Voting Agreement
• Filed
  December 21st, 2020
• Company
  Cambridge Equities, LP
• Industry
  Biological products, (no disgnostic substances)
• Jurisdiction
  Delaware

This VOTING AGREEMENT (this “Agreement”), dated as of December 21, 2020, is by and between ImmunityBio, Inc., a Delaware corporation (the “Company”), NantKwest, Inc., a Delaware corporation (“Parent”), and the Persons set forth on Schedule A (the “Parent Significant Stockholders”).