LOAN AND SECURITY AGREEMENTLoan and Security Agreement • December 29th, 2017 • Aviragen Therapeutics, Inc. • Biological products, (no disgnostic substances)
THIS LOAN AND SECURITY AGREEMENT (as the same may from time to time be amended, modified, supplemented or restated, this “Agreement”) dated as of December 22, 2016 (the “Effective Date”) among OXFORD FINANCE LLC, a Delaware limited liability company with an office located at 133 North Fairfax Street, Alexandria, Virginia 22314 (“Oxford”), as collateral agent (in such capacity, “Collateral Agent”), the Lenders listed on Schedule 1.1 hereof or otherwise a party hereto from time to time including Oxford in its capacity as a Lender (each a “Lender” and collectively, the “Lenders”), and VAXART, INC., a Delaware corporation with offices located at 385 Oyster Point Blvd., Suite 9A, South San Francisco, CA 94080 (“Borrower”), provides the terms on which the Lenders shall lend to Borrower and Borrower shall repay the Lenders. The parties agree as follows:
Indemnity AgreementIndemnity Agreement • December 29th, 2017 • Aviragen Therapeutics, Inc. • Biological products, (no disgnostic substances) • Delaware
This Indemnity Agreement (the “Agreement”) is made and entered into as of [•], 2015, between Vaxart, Inc., a Delaware corporation (the “Company”), and [•] (“Indemnitee”).
Lock-Up AgreementLock-Up Agreement • December 29th, 2017 • Aviragen Therapeutics, Inc. • Biological products, (no disgnostic substances) • Delaware
This LOCK-UP AGREEMENT (this “Agreement”), dated as of [●], 2017, is entered into by and among Aviragen Therapeutics, Inc., a Delaware corporation (“Buyer”), Vaxart, Inc., a Delaware corporation (“Target”), and the undersigned (the “Securityholder” and together with the Buyer and the Target, the “Parties” and each a “Party”).
INDUSTRIAL LEASE OYSTER POINT BUSINESS PARK SOUTH SAN FRANCISCO, CALIFORNIA OYSTER POINT LLC, A DELAWARE LIMITED LIABILITY COMPANY, as Landlord, and VAXART, INC., A DELAWARE CORPORATION as Tenant Dated as of October 28, 2013Industrial Lease • December 29th, 2017 • Aviragen Therapeutics, Inc. • Biological products, (no disgnostic substances)
ContractWarrant Agreement • December 29th, 2017 • Aviragen Therapeutics, Inc. • Biological products, (no disgnostic substances) • Delaware
THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR THE SECURITIES LAWS OF ANY STATE AND, EXCEPT AS SET FORTH IN SECTIONS 5.3 AND 5.4 BELOW, MAY NOT BE OFFERED, SOLD, PLEDGED OR OTHERWISE TRANSFERRED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND LAWS OR, IN THE OPINION OF LEGAL COUNSEL IN FORM AND SUBSTANCE SATISFACTORY TO THE COMPANY, SUCH OFFER, SALE, PLEDGE OR OTHER TRANSFER IS EXEMPT FROM SUCH REGISTRATION.
