Underwriting AgreementUnderwriting Agreement • August 9th, 2019 • Allakos Inc. • Pharmaceutical preparations • New York
Allakos Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated in this agreement (this “Agreement”), to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of 4,545,454 shares (the “Firm Shares”) and, at the election of the Underwriters, up to 681,818 additional shares (the “Optional Shares”) of the Common Stock, par value $0.001 per share (“Stock”) of the Company (the Firm Shares and the Optional Shares that the Underwriters elect to purchase pursuant to Section 2 hereof being collectively called the “Shares”).
ALLAKOS INC. WAIVER OF REGISTRATION RIGHTS DATED AS OF AUGUST 5, 2019Waiver of Registration Rights • August 9th, 2019 • Allakos Inc. • Pharmaceutical preparations
Reference is hereby made to that certain Amended and Restated Investors’ Rights Agreement, dated as of November 30, 2017, as amended to date (the “Investors’ Rights Agreement”), by and among Allakos Inc., a Delaware corporation (the “Company”), and the Investors named therein (such Investors include each of the undersigned Holders of Registrable Securities). All capitalized terms used in this Waiver of Registration Rights (this “Waiver”) have the meanings ascribed to such terms in the Investors’ Rights Agreement unless otherwise defined herein. This Waiver shall be dated as of the date on which the Company or its agents receive the last signed counterpart signature page hereto necessary to give effect to the actions contemplated hereby.
