ContractWarrant Agreement • May 6th, 2019 • XOMA Corp • Pharmaceutical preparations • California
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 ISSUER, SUCH OFFER, SALE, PLEDGE OR OTHER TRANSFER IS EXEMPT FROM SUCH REGISTRATION.
FIRST AmendmentLoan and Security Agreement • May 6th, 2019 • XOMA Corp • Pharmaceutical preparations
This First Amendment to Loan and Security Agreement (this “Amendment”) is entered into this 4th day of March, 2019 by and among (a) SILICON VALLEY BANK (“Bank”) and (b) (i) XOMA CORPORATION, a Delaware corporation (“XOMA”), (ii) XOMA (US) LLC, a Delaware limited liability company (“XOMA US”), and (iii) XOMA TECHNOLOGY LTD., a Bermuda exempted company (“Bermuda Borrower”; together with XOMA and XOMA US, individually and collectively, jointly and severally, the “Borrower”), whose address is 2200 Powell Street, Suite 310, Emeryville, California 94608.
