0001628280-21-012119 Sample Contracts

l] Shares of Common Stock Codex DNA, Inc. UNDERWRITING AGREEMENT
Underwriting Agreement • June 14th, 2021 • Codex DNA, Inc. • Laboratory analytical instruments • New York

Introductory. Codex DNA, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several underwriters named in Schedule A (the “Underwriters”) an aggregate of [l] shares of its common stock, par value $0.0001 per share (the “Shares”). The [l] Shares to be sold by the Company are called the “Firm Shares.” In addition, the Company has granted to the Underwriters an option to purchase up to an additional [l] Shares as provided in Section 2. The additional [l] Shares to be sold by the Company pursuant to such option are collectively called the “Optional Shares.” The Firm Shares and, if and to the extent such option is exercised, the Optional Shares are collectively called the “Offered Shares.” Jefferies LLC (“Jefferies”) and Cowen and Company, LLC (“Cowen”) have agreed to act as representatives of the several Underwriters (in such capacity, the “Representatives”) in connection with the offering and sale of the Offered Shares.

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CONFIDENTIAL SETTLEMENT AGREEMENT
Confidential Settlement Agreement • June 14th, 2021 • Codex DNA, Inc. • Laboratory analytical instruments • California

This Confidential Settlement Agreement ("Settlement Agreement") is entered into and effective as of the 20th day of September, 2017 (the "Effective Date"), by and between Synthetic Genomics, Inc. ("SGI") and New England BioLabs, Inc. ("NEB") (SGI and NEB are sometimes referred to herein individually as a "Party," and collectively as the "Parties").

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