DEPOSIT AGREEMENT by and among Incannex Healthcare Limited as Issuer, DEUTSCHE BANK TRUST COMPANY AMERICAS as Depositary, AND THE HOLDERS AND BENEFICIAL OWNERS OF AMERICAN DEPOSITARY SHARES EVIDENCED BY AMERICAN DEPOSITARY RECEIPTS ISSUED HEREUNDER...Deposit Agreement • November 23rd, 2021 • Incannex Healthcare LTD • Pharmaceutical preparations • New York
DEPOSIT AGREEMENT, dated as of , 2021, by and among (i) Incannex Healthcare Limited, a company incorporated in the Commonwealth of Australia, with its principal executive office at Suite 15, Level 12, 401 Docklands Drive, Docklands 3008, Victoria, Australia (together with its successors, the “Company”), (ii) Deutsche Bank Trust Company Americas, an indirect wholly owned subsidiary of Deutsche Bank A.G., acting in its capacity as depositary, with its principal office at 60 Wall Street, New York, NY 10005, United States of America (the “Depositary”, which term shall include any successor depositary hereunder) and (iii) all Holders and Beneficial Owners of American Depositary Shares evidenced by American Depositary Receipts issued hereunder (all such capitalized terms as hereinafter defined).
INCANNEX HEALTHCARE LIMITED UNDERWRITING AGREEMENT [●] American Depositary Shares representing [●] Ordinary SharesUnderwriting Agreement • November 23rd, 2021 • Incannex Healthcare LTD • Pharmaceutical preparations • New York
The ADSs are to be issued pursuant to a deposit agreement (the “Deposit Agreement”), dated as of [•], 2021, among the Company, Deutsche Bank Trust Company Americas, as depositary (the “Depositary”), and holders from time to time of the American Depositary Receipts (“ADRs”) issued by the Depositary and evidencing the ADSs. The ADSs will initially represent the right to receive the Ordinary Shares deposited pursuant to the Deposit Agreement.
