EXELIXIS, INC. WARRANT TO PURCHASE COMMON STOCKExelixis Inc • August 9th, 2005 • Services-commercial physical & biological research • New York
THIS CERTIFIES THAT, for value received, SYMPHONY EVOLUTION HOLDINGS LLC, a Delaware limited liability company, with its principal office at 7361 Calhoun Place, Suite 325, Rockville, MD 20850, or its assigns (the “Holder”), is entitled to subscribe for and purchase at the Exercise Price (as defined below) from EXELIXIS, INC., a Delaware corporation, with its principal office at 170 Harbor Way, P.O. Box 511, South San Francisco, CA 94083 (the “Company”), up to Seven Hundred Fifty Thousand (750,000) shares of Common Stock, par value $0.001 per share, of the Company (the “Common Stock”).
COLLABORATION AGREEMENTCollaboration Agreement • August 9th, 2005 • Exelixis Inc • Services-commercial physical & biological research • California
ContractRegistration Rights Agreement • August 9th, 2005 • Exelixis Inc • Services-commercial physical & biological research • Delaware
[ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.
ContractWarrant Purchase Agreement • August 9th, 2005 • Exelixis Inc • Services-commercial physical & biological research • Delaware
[ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.
LICENSE AGREEMENTLicense Agreement • August 9th, 2005 • Exelixis Inc • Services-commercial physical & biological research • Delaware
THIS LICENSE AGREEMENT (the “Agreement”) is made and entered into as of June 10, 2005 (the “Effective Date”) by and between EXELIXIS, INC., a Delaware corporation having its principal place of business at 170 Harbor Way, P.O. Box 511, South San Francisco, California 94083 (“Exelixis”), and HELSINN HEALTHCARE S.A., a Swiss corporation having its principal place of business at via Pian Scairolo 9, 6912 Lugano, Switzerland (“Helsinn”). Exelixis and Helsinn are sometimes referred to herein individually as a “Party” and collectively as the “Parties.”
PURCHASE OPTION AGREEMENT by and among EXELIXIS, INC., SYMPHONY EVOLUTION HOLDINGS LLC and SYMPHONY EVOLUTION, INC.Purchase Option Agreement • August 9th, 2005 • Exelixis Inc • Services-commercial physical & biological research • Delaware
[ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.
AMENDED AND RESTATED RESEARCH AND DEVELOPMENT AGREEMENT among EXELIXIS, INC., SYMPHONY EVOLUTION HOLDINGS LLC, and SYMPHONY EVOLUTION, INC.Research and Development Agreement • August 9th, 2005 • Exelixis Inc • Services-commercial physical & biological research • New York
This AMENDED AND RESTATED RESEARCH AND DEVELOPMENT AGREEMENT (this “Agreement”) is entered into as of June 9, 2005 (the “Effective Date”) by and among EXELIXIS, INC., a Delaware corporation (“Exelixis”), SYMPHONY EVOLUTION, INC., a Delaware corporation (“Symphony Evolution”) (each of Exelixis and Symphony Evolution being a “Party,” and collectively, the “Parties”), and SYMPHONY EVOLUTION HOLDINGS LLC, a Delaware limited liability company (“Holdings”) (which shall be a Party to this Agreement solely with respect to Article 1 and Section 7.5). Capitalized terms used herein and not defined herein shall have the meanings assigned to such terms in Annex A attached hereto.
NOVATED AND RESTATED TECHNOLOGY LICENSE AGREEMENT dated as of June 9, 2005 among EXELIXIS, INC., SYMPHONY EVOLUTION, INC. and SYMPHONY EVOLUTION HOLDINGS LLCTechnology License Agreement • August 9th, 2005 • Exelixis Inc • Services-commercial physical & biological research • New York
This NOVATED AND RESTATED TECHNOLOGY LICENSE AGREEMENT (this “Agreement”) is made and effective as of June 9, 2005 (the “Effective Date”) by and among, Exelixis Inc., a Delaware corporation (the “Licensor”), Symphony Evolution, Inc., a Delaware corporation (“Symphony Evolution”) (each of Licensor and Symphony Evolution being a “Party,” and collectively, the “Parties”), and Symphony Evolution Holdings LLC, a Delaware limited liability company (“Holdings”).
