Underwriting AgreementUnderwriting Agreement • September 9th, 2020 • Athira Pharma, Inc. • Biological products, (no disgnostic substances) • New York
Athira Pharma, 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 several Underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of [●] shares (the “Firm Shares”) and, at the election of the Underwriters, up to [●] additional shares (the “Optional Shares”) of common stock, par value $0.0001 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”). In the event that the Company has a single subsidiary or does not have any subsidiaries, then all references herein to “subsidiaries” of the Company shall be deemed to refer to such single subsidiary or to the Company, respectively, mutatis mutandis.
ATHIRA PHARMA, INC. RESTRICTED STOCK UNIT AGREEMENT NOTICE OF RESTRICTED STOCK UNIT GRANTRestricted Stock Unit Agreement • September 9th, 2020 • Athira Pharma, Inc. • Biological products, (no disgnostic substances) • Delaware
Unless otherwise defined herein, the terms defined in the Athira Pharma, Inc. 2020 Equity Incentive Plan (the “Plan”) will have the same defined meanings in this Restricted Stock Unit Agreement which includes the Notice of Restricted Stock Unit Grant (the “Notice of Grant”), the Terms and Conditions of Restricted Stock Unit Grant, attached hereto as Exhibit A, and all other exhibits, appendices, and addenda attached hereto (the “Award Agreement”).
ATHIRA PHARMA, INC. RESTRICTED STOCK AWARD AGREEMENT NOTICE OF RESTRICTED STOCK GRANTRestricted Stock Award Agreement • September 9th, 2020 • Athira Pharma, Inc. • Biological products, (no disgnostic substances) • Delaware
Unless otherwise defined herein, the terms defined in the Athira Pharma, Inc. 2020 Equity Incentive Plan (the “Plan”) will have the same defined meanings in this Restricted Stock Award Agreement which includes the Notice of Restricted Stock Grant (the “Notice of Grant”), the Terms and Conditions of Restricted Stock Grant, attached hereto as Exhibit A, and all other exhibits, appendices, and addenda attached hereto (the “Award Agreement”).
CHANGE IN CONTROL AND SEVERANCE AGREEMENTControl and Severance Agreement • September 9th, 2020 • Athira Pharma, Inc. • Biological products, (no disgnostic substances) • Washington
This Change in Control and Severance Agreement (the “Agreement”) is made by and between Athira Pharma, Inc., a Delaware corporation (the “Company”), and Glenna Mileson (“Executive”), effective as of September 8, 2020 (the “Effective Date”).
LEASE NORTH CREEK PARKWAY CENTER NORTH CREEK PARKWAY CENTER INVESTORS, LP, a California limited partnership, as Landlord, and ATHIRA PHARMA, INC., as Tenant.Lease • September 9th, 2020 • Athira Pharma, Inc. • Biological products, (no disgnostic substances) • Washington
Re: Confirmatory Employment LetterEmployment Letter Agreement • September 9th, 2020 • Athira Pharma, Inc. • Biological products, (no disgnostic substances) • Washington
This confirmatory employment letter agreement (the “Agreement”) is entered into between Glenna Mileson (“you”) and Athira Pharma, Inc. (the “Company” or “we”), effective as of September 8, 2020 (the “Effective Date”), to confirm the terms and conditions of your employment with the Company as of the Effective Date.
ATHIRA PHARMA, INC. STOCK OPTION AGREEMENT NOTICE OF STOCK OPTION GRANTStock Option Agreement • September 9th, 2020 • Athira Pharma, Inc. • Biological products, (no disgnostic substances) • Delaware
Unless otherwise defined herein, the terms defined in the Athira Pharma, Inc. 2020 Equity Incentive Plan (the “Plan”) shall have the same defined meanings in this Stock Option Agreement, which includes the Notice of Stock Option Grant (the “Notice of Grant”), the Terms and Conditions of Stock Option Grant, attached hereto as Exhibit A, the Exercise Notice, attached hereto as Exhibit B, and all other exhibits, appendices, and addenda attached hereto (together, the “Option Agreement”).
ATHIRA PHARMA, INC. INVESTORS’ RIGHTS AGREEMENT May 29, 2020’ Rights Agreement • September 9th, 2020 • Athira Pharma, Inc. • Biological products, (no disgnostic substances) • Delaware
THIS INVESTORS’ RIGHTS AGREEMENT (this “Agreement”), is made as of May 29, 2020, by and among Athira Pharma, Inc., a Delaware corporation (the “Company”), each of the investors listed on Schedule A hereto, each of which is referred to in this Agreement as an “Investor,” each of the stockholders listed on Schedule B hereto, each of whom is referred to herein as a ”Key Holder” and any Additional Purchaser (as defined in the Purchase Agreement) that becomes a party to this Agreement in accordance with Section 6.9 hereof.
