MDXHEALTH SA AND THE BANK OF NEW YORK MELLON As Depositary AND OWNERS AND HOLDERS OF AMERICAN DEPOSITARY SHARES Deposit AgreementDeposit Agreement • October 28th, 2021 • MDxHealth SA • Services-medical laboratories • New York
DEPOSIT AGREEMENT dated as of __________, 2021 among MDxHealth SA, a limited liability company (naamloze vennootschap / société anonyme) organized under the laws of Belgium (herein called the Company), THE BANK OF NEW YORK MELLON, a New York banking corporation (herein called the Depositary), and all Owners and Holders (each as hereinafter defined) from time to time of American Depositary Shares issued hereunder.
●] American Depositary Shares1 MDxHealth SA PURCHASE AGREEMENTPurchase Agreement • October 28th, 2021 • MDxHealth SA • Services-medical laboratories • New York
MDxHealth SA, a limited liability company (naamloze vennootschap/société anonyme) organized under the laws of Belgium (the “Company”), proposes to sell to the several Underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of [●] American Depositary Shares (the “ADSs”), each representing ten new ordinary shares to be issued without nominal value (the “Ordinary Shares”), of the Company. The [●] ADSs to be sold by the Company are called the “Firm ADSs.” The Company has also granted to the Underwriters an option to purchase up to [●] additional ADSs on the terms and for the purposes set forth in Section 3 hereof (the “Option ADSs”). The Firm ADSs and any Option ADSs purchased pursuant to this Purchase Agreement (the “Agreement”) are herein collectively called the “Securities.”
