MabVax Therapeutics Holdings, Inc. 11535 Sorrento Valley Rd., Suite 400 San Diego, CA 92121 Phone: (858) 259-9405Letter Agreement • May 22nd, 2017 • Mabvax Therapeutics Holdings, Inc. • Pharmaceutical preparations • New York
MabVax Therapeutics Holdings, Inc. (the “Company”) and the undersigned hereby agree pursuant to this agreement (this “Letter Agreement”) that:
FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • May 22nd, 2017 • Mabvax Therapeutics Holdings, Inc. • Pharmaceutical preparations • New York
THIS FIRST AMENDMENT to Loan and Security Agreement (this “Amendment”) is made effective as of March 31, 2017 (the “Amendment Date”) and made, by and among OXFORD FINANCE LLC, a Delaware limited liability company with an office located at 133 North Fairfax Street, Alexandria, Virginia 22314 (in its individual capacity, “Oxford”; and in its capacity as Collateral Agent, “Collateral Agent”), the Lenders listed on Schedule 1.1 thereof from time to time including Oxford in its capacity as a Lender (each a “Lender” and collectively, the “Lenders”) and MABVAX THERAPEUTICS HOLDINGS, INC., a Delaware corporation with offices located at 11535 Sorrento Valley Road, Suite 400, San Diego, CA 92121 (“Holdings”), MABVAX THERAPEUTICS, INC., a Delaware corporation with offices located at 11535 Sorrento Valley Road, Suite 400, San Diego, CA 92121 (“MabVax” and together with Holdings, individually and collectively, jointly and severally, “Borrower”).
HS CONTRARIAN INVESTMENTS, LLCConsent to 2017 Offering • May 22nd, 2017 • Mabvax Therapeutics Holdings, Inc. • Pharmaceutical preparations • New York
Reference is made to the following: (i) that Letter Agreement dated August 16, 2016 (hereinafter referred to as the “August 2016 Letter Agreement”) by and among MabVax Therapeutics Holdings, Inc. (the “Company”) and the undersigned lead investor in the Company’s public offering that closed in August 2016 (the “2016 Public Offering”), (ii) the consent dated March 10, 2017 (the “March 2017 Consent”), and (iii) the second letter agreement dated May 15, 2017 attached hereto as Exhibit A (the “May 2017 Letter Agreement”). Capitalized terms used herein and not defined herein shall have the meanings given to them in the August 2016 Letter Agreement.
RESCISSION AGREEMENTRescission Agreement • May 22nd, 2017 • Mabvax Therapeutics Holdings, Inc. • Pharmaceutical preparations • New York
THIS RESCISSION AGREEMENT (the “Agreement”), dated and effective as of May 19, 2017 (the “Effective Date”), is made by and between MabVax Therapeutics Holdings, Inc., a Delaware corporation (“Company”), and the holder of the Company’s Series H Preferred Stock signatory hereto (“Holder”).
