0001193125-21-063753 Sample Contracts

ATARA BIOTHERAPEUTICS, INC., Issuer AND [TRUSTEE], Trustee INDENTURE Dated as of [•], 20__ Debt Securities
Indenture • March 1st, 2021 • Atara Biotherapeutics, Inc. • Biological products, (no disgnostic substances) • New York

INDENTURE, dated as of [•], 20__, among ATARA BIOTHERAPEUTICS, INC., a Delaware corporation (the “Company”), and [TRUSTEE], as trustee (the “Trustee”):

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ATARA BIOTHERAPEUTICS, INC. AND _____________, AS WARRANT AGENT FORM OF PREFERRED STOCK WARRANT AGREEMENT DATED AS OF __________
Preferred Stock Warrant Agreement • March 1st, 2021 • Atara Biotherapeutics, Inc. • Biological products, (no disgnostic substances) • New York

THIS PREFERRED STOCK WARRANT AGREEMENT (this “Agreement”), dated as of [•], between ATARA BIOTHERAPEUTICS, INC., a Delaware corporation (the “Company”), and [•], a [corporation] [national banking association] organized and existing under the laws of [•] and having a corporate trust office in [•], as warrant agent (the “Warrant Agent”).

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ATARA BIOTHERAPEUTICS, INC. AND , AS WARRANT AGENT FORM OF COMMON STOCK WARRANT AGREEMENT DATED AS OF
Common Stock Warrant Agreement • March 1st, 2021 • Atara Biotherapeutics, Inc. • Biological products, (no disgnostic substances) • New York

THIS COMMON STOCK WARRANT AGREEMENT (this “Agreement”), dated as of [•], between ATARA BIOTHERAPEUTICS, INC., a Delaware corporation (the “Company”), and [•], a [corporation] [national banking association] organized and existing under the laws of [•] and having a corporate trust office in [•], as warrant agent (the “Warrant Agent”).

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ATARA BIOTHERAPEUTICS, INC. AND _____________, AS WARRANT AGENT FORM OF DEBT SECURITIES WARRANT AGREEMENT DATED AS OF __________
Warrant Agreement • March 1st, 2021 • Atara Biotherapeutics, Inc. • Biological products, (no disgnostic substances) • New York

THIS DEBT SECURITIES WARRANT AGREEMENT (this “Agreement”), dated as of [•], between ATARA BIOTHERAPEUTICS, INC., a Delaware corporation (the “Company”), and [•], a [corporation] [national banking association] organized and existing under the laws of [•] and having a corporate trust office in [•], as warrant agent (the “Warrant Agent”).

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AMENDMENT NO. 1 TO THE SALES AGREEMENT
Sales Agreement • March 1st, 2021 • Atara Biotherapeutics, Inc. • Biological products, (no disgnostic substances) • New York

Atara Biotherapeutics, Inc., a Delaware corporation (the “Company”), and Cowen and Company, LLC (“Cowen”), are parties to that certain Sales Agreement dated February 27, 2020 (the “Sales Agreement”). All capitalized terms not defined in this Amendment No. 1 to the Sales Agreement (this “Amendment”) shall have the meanings ascribed to them in the Sales Agreement. The parties, intending to be legally bound, hereby amend the Sales Agreement as follows (to be effective as set forth in paragraph 4 below):

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