MIRATI THERAPEUTICS, INC., Issuer AND [TRUSTEE], Trustee INDENTURE Dated as of [●], 20 Debt SecuritiesIndenture • July 2nd, 2021 • Mirati Therapeutics, Inc. • Pharmaceutical preparations • New York
INDENTURE, dated as of [•], 20 , among MIRATI THERAPEUTICS, INC., a Delaware corporation (the “Company”), and[TRUSTEE], as trustee (the “Trustee”):
MIRATI THERAPEUTICS, INC. and , AS WARRANT AGENT FORM OF COMMON STOCK WARRANT AGREEMENT DATED AS OF [ ], 20Common Stock Warrant Agreement • July 2nd, 2021 • Mirati Therapeutics, Inc. • Pharmaceutical preparations • New York
COMMON STOCK WARRANT AGREEMENT (this “Agreement”), dated as of between MIRATI THERAPEUTICS, 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”).
MIRATI THERAPEUTICS, INC. AND , AS WARRANT AGENT FORM OF DEBT SECURITIES WARRANT AGREEMENT DATED AS OF [ ], 20Warrant Agreement • July 2nd, 2021 • Mirati Therapeutics, Inc. • Pharmaceutical preparations • New York
THIS DEBT SECURITIES WARRANT AGREEMENT (this “Agreement”), dated as of [●], between MIRATI THERAPEUTICS, 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”).
MIRATI THERAPEUTICS, INC. COMMON STOCK AMENDED AND RESTATED SALES AGREEMENTSales Agreement • July 2nd, 2021 • Mirati Therapeutics, Inc. • Pharmaceutical preparations • New York
Reference is made to that certain Sales Agreement, entered into as of July 2, 2020 (the “Original Sales Agreement”), by and between Mirati Therapeutics, Inc. (the “Company”) and Cowen and Company, LLC (“Cowen”), as sales agent. The Company and Cowen now intend to enter into this Amended and Restated Sales Agreement (this “Agreement”) to amend and restate the terms of the Original Sales Agreement in its entirety. Therefore, the Company and Cowen confirm as follows:
MIRATI THERAPEUTICS, INC. and , AS WARRANT AGENT FORM OF PREFERRED STOCK WARRANT AGREEMENT DATED AS OF [ ], 20Preferred Stock Warrant Agreement • July 2nd, 2021 • Mirati Therapeutics, Inc. • Pharmaceutical preparations • New York
PREFERRED STOCK WARRANT AGREEMENT (this “Agreement”), dated as of between MIRATI THERAPEUTICS, 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”).
