HILLEVAX, INC. [•] Shares of Common Stock Underwriting AgreementHilleVax, Inc. • April 18th, 2022 • Biological products, (no disgnostic substances) • New York
HilleVax, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several underwriters listed in Schedule 1 hereto (the “Underwriters”), for whom you are acting as representatives (the “Representatives”), an aggregate of [•] shares of common stock, par value $0.0001 per share (“Common Stock”), of the Company (the “Underwritten Shares”) and, at the option of the Underwriters, up to an additional [•] shares of Common Stock of the Company (the “Option Shares”). The Underwritten Shares and the Option Shares are herein referred to as the “Shares”. The shares of Common Stock of the Company to be outstanding after giving effect to the sale of the Shares are referred to herein as the “Stock”.
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • April 18th, 2022 • HilleVax, Inc. • Biological products, (no disgnostic substances) • California
THIS LOAN AND SECURITY AGREEMENT is made and dated as of April 18, 2022 and is entered into by and among HILLEVAX, INC., a Delaware corporation (“HilleVax”), each other Person from time to time party hereto that has delivered a Joinder Agreement pursuant to Section 7.13 from time to time party hereto as a co-borrower (together with HilleVax, individually or collectively, as the context may require, “Borrower”), the Guarantors from time to time party hereto, the several banks and other financial institutions or entities from time to time parties to this Agreement (each, a “Lender”, and collectively “Lenders”) and HERCULES CAPITAL, INC., a Maryland corporation, in its capacity as administrative agent and collateral agent for itself and the Lenders (in such capacity, “Agent”).
