PRE-FUNDED COMMON STOCK PURCHASE WARRANT BENITEC BIOPHARMA INC.Pre-Funded Common Stock Purchase Warrant • August 11th, 2023 • Benitec Biopharma Inc. • Pharmaceutical preparations • New York
THIS PRE-FUNDED COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, _____________ or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the date hereof (the “Initial Exercise Date”) and until this Warrant is exercised in full (the “Termination Date”) but not thereafter, to subscribe for and purchase from Benitec Biopharma Inc., a Delaware corporation (the “Company”), up to [ ] shares (as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b). This Warrant shall initially be issued and maintained in the form of a security held in book-entry form and the Depository Trust Company or its nominee (“DTC”) shall initially be the sole registered holder of this Warrant, subject to a Holder’s right to elect t
COMMON STOCK PURCHASE WARRANT BENITEC BIOPHARMA INC.Common Stock Purchase Warrant • August 11th, 2023 • Benitec Biopharma Inc. • Pharmaceutical preparations • New York
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, _____________ or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the date hereof (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on ________1 (the “Termination Date”) but not thereafter, to subscribe for and purchase from Benitec Biopharma Inc., a Delaware corporation (the “Company”), up to ______ shares (as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b). This Warrant shall initially be issued and maintained in the form of a security held in book-entry form and the Depository Trust Company or its nominee (“DTC”) shall initially be the sole registered holder of this Warrant, subject to a Holder’s right
BENITEC BIOPHARMA INC. and COMPUTERSHARE TRUST COMPANY, N.A., as Warrant Agent Warrant Agency Agreement Dated as of August 11, 2023Warrant Agency Agreement • August 11th, 2023 • Benitec Biopharma Inc. • Pharmaceutical preparations • New York
WARRANT AGENCY AGREEMENT, dated as of August 11, 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”).
417,815 SHARES OF COMMON STOCK, 15,126,226 PRE-FUNDED WARRANTS TO PURCHASE 15,126,226 SHARES OF COMMON STOCK AND 15,544,041 COMMON WARRANTS TO PURCHASE 15,544,041 SHARES OF COMMON STOCK OF BENITEC BIOPHARMA INC. UNDERWRITING AGREEMENTUnderwriting Agreement • August 11th, 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.
