ACUMEN PHARMACEUTICALS, INC. (a Delaware corporation) [•] Shares of Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • June 24th, 2021 • Acumen Pharmaceuticals, Inc. • Biological products, (no disgnostic substances) • New York
Acumen Pharmaceuticals, Inc., a Delaware corporation (the “Company”), confirms its agreement with BofA Securities, Inc. (“BofA”), Credit Suisse Securities (USA) LLC (“Credit Suisse”) and Stifel, Nicolaus & Company, Incorporated (“Stifel”) and each of the other Underwriters named in Schedule A hereto (collectively, the “Underwriters,” which term shall also include any underwriter substituted as hereinafter provided in Section 10 hereof), for whom BofA, Credit Suisse and Stifel are acting as representatives (in such capacity, the “Representatives”), with respect to (i) the sale by the Company and the purchase by the Underwriters, acting severally and not jointly, of the respective numbers of shares of Common Stock, par value $[•] per share, of the Company (“Common Stock”) set forth in Schedule A hereto and (ii) the grant by the Company to the Underwriters, acting severally and not jointly, of the option described in Section 2(b) hereof to purchase all or any part of [•] additional shares
ACUMEN PHARMACEUTICALS, INC. INDEMNIFICATION AGREEMENTIndemnification Agreement • June 24th, 2021 • Acumen Pharmaceuticals, Inc. • Biological products, (no disgnostic substances) • Delaware
This Indemnification Agreement (this “Agreement”) is dated as of ________________, and is between Acumen Pharmaceuticals, Inc., a Delaware corporation (the “Company”), and ___________________ (“Indemnitee”).
AMENDED AND RESTATED COLLABORATION AGREEMENTCollaboration Agreement • June 24th, 2021 • Acumen Pharmaceuticals, Inc. • Biological products, (no disgnostic substances)
This AMENDED AND RESTATED COLLABORATION AGREEMENT (the “Agreement”), effective as of December 22, 2003, as amended and restated as of October 18, 2006 (the “Amendment Effective Date”), is made by and between Acumen Pharmaceuticals Inc., a Delaware corporation, having a principal place of business at 385 Oyster Point Blvd, Suite 9A, South San Francisco, CA 94080 (“Acumen”), and Merck & Co., Inc., a New Jersey corporation, having a principal place of business at One Merck Drive, Whitehouse Station, NJ 08889-0100 (“Merck”). Acumen and Merck are sometimes referred to herein, individually, as a “Party” and, collectively, as the “Parties”.
