IMMURON LIMITED (ABN 80 063 114 045) AND THE BANK OF NEW YORK MELLON As Depositary AND OWNERS AND HOLDERS OF AMERICAN DEPOSITARY SHARES Amended and Restated Deposit Agreement Dated as of June 8, 2017 AMENDED AND RESTATED DEPOSIT AGREEMENTDeposit Agreement • June 14th, 2017 • Immuron LTD • Pharmaceutical preparations • New York
AMENDED AND RESTATED DEPOSIT AGREEMENT dated as of June 8, 2017, among IMMURON LIMITED, incorporated under the laws of the Commonwealth of Australia (herein called the Company), THE BANK OF NEW YORK MELLON, a New York banking corporation (herein called the Depositary), and all Owners and Holders from time to time of American Depositary Shares issued hereunder.
UNDERWRITING AGREEMENT between IMMURON LIMITED and JOSEPH GUNNAR & CO., LLCUnderwriting Agreement • June 14th, 2017 • Immuron LTD • Pharmaceutical preparations • New York
The undersigned, Immuron Limited, a corporation formed under the laws of Australia (collectively with its subsidiaries and affiliates, including, without limitation, all entities disclosed or described in the Registration Statement (as hereinafter defined) as being subsidiaries or affiliates of Immuron Limited, the “Company”), hereby confirms its agreement (this “Agreement”) with Joseph Gunnar & Co., LLC and Rodman & Renshaw, a unit of H.C. Wainwright & Co., LLC (hereinafter referred to as “you” (including their correlatives) or the “Representatives”) and with the other underwriters named on Schedule 1 hereto for which the Representatives are acting as Representatives (the Representatives and such other underwriters being collectively called the “Underwriters” or, individually, an “Underwriter”) as follows:
WARRANT AGENT AGREEMENTWarrant Agent Agreement • June 14th, 2017 • Immuron LTD • Pharmaceutical preparations • New York
WARRANT AGENT AGREEMENT (this “Warrant Agreement”) dated as of June 14, 2017 (the “Issuance Date”) between Immuron Limited, a company incorporated under the laws of the Commonwealth of Australia (the “Company”), and The Bank of New York Mellon (the “Warrant Agent”).
