Support AgreementSupport Agreement • February 7th, 2018 • Aviragen Therapeutics, Inc. • Biological products, (no disgnostic substances) • Delaware
Reference is made in this letter (this “Agreement”) to the Agreement and Plan of Merger and Reorganization, dated as of October 27, 2017 (as it may be amended, modified or amended and restated from time to time, the “Merger Agreement”), by and among Aviragen Therapeutics, Inc., a Delaware corporation (“Parent”), Agora Merger Sub, Inc., a Delaware corporation and a wholly owned subsidiary of Parent (“Merger Subsidiary”), and Vaxart, Inc., a Delaware corporation (the “Company”). Capitalized or other terms used and not defined herein but defined in the Merger Agreement shall have the meanings ascribed to them in the Merger Agreement. In order to induce Parent and the Company to enter into the first amendment to the Merger Agreement (the “Amendment”), which is being entered into as of the date hereof to, among other things, amend the exchange ratio formula such that immediately after consummation of the Merger, former Vaxart securityholders are expected to own approximately 51% of the aggr
AMENDMENT NO. 1 TO THE AGREEMENT AND PLAN OF MERGER AND REORGANIZATIONAgreement and Plan of Merger • February 7th, 2018 • Aviragen Therapeutics, Inc. • Biological products, (no disgnostic substances)
This Amendment No.1, dated as of February 7, 2018 (this “Amendment”) to the Agreement and Plan of Merger and Reorganization (the “Original Agreement”), dated as of October 27, 2017, by and among Aviragen Therapeutics, Inc. (“Parent”), Agora Merger Sub, Inc. (“Merger Sub”) and Vaxart, Inc. (the “Company”) is entered into by and between Parent, Merger Sub and the Company. Capitalized terms used but not defined herein shall have the meanings assigned to them in the Original Agreement.
