BENITEC BIOPHARMA INC. and COMPUTERSHARE TRUST COMPANY, N.A., as Warrant Agent Warrant Agency Agreement Dated as of , 2023Warrant Agency Agreement • August 3rd, 2023 • Benitec Biopharma Inc. • Pharmaceutical preparations • New York
WARRANT AGENCY AGREEMENT, dated as of , 2023 (“Agreement”), between Benitec Biopharma Inc., a corporation organized under the laws of the State of Delaware (the “Company”), and Computershare Trust Company, N.A., a federally chartered trust company (the “Warrant Agent”).
] SHARES OF COMMON STOCK, [ ] PRE-FUNDED WARRANTS TO PURCHASE [ ] SHARES OF COMMON STOCK AND [ ] COMMON WARRANTS TO PURCHASE [ ] SHARES OF COMMON STOCK OF BENITEC BIOPHARMA INC. UNDERWRITING AGREEMENTUnderwriting Agreement • August 3rd, 2023 • Benitec Biopharma Inc. • Pharmaceutical preparations • New York
The undersigned, Benitec Biopharma Inc., a company incorporated under the laws of Delaware (collectively with its direct and indirect subsidiaries as applicable to the context used herein, the “Company”), hereby confirms its agreement (this “Agreement”) with the several underwriters (such underwriters, including the Representative (as defined below), the “Underwriters” and each an “Underwriter”) named in Schedule I hereto for which Citizens JMP Securities, LLC is acting as representative to the several Underwriters (the “Representative” and if there are no Underwriters other than the Representative, references to multiple Underwriters shall be disregarded and the term Representative as used herein shall have the same meaning as Underwriter) on the terms and conditions set forth herein.
