AFFYMAX, INC. and , AS WARRANT AGENT FORM OF PREFERRED STOCK WARRANT AGREEMENT DATED AS OFWarrant Agreement • March 4th, 2010 • Affymax Inc • Pharmaceutical preparations • New York
PREFERRED STOCK WARRANT AGREEMENT (this “Agreement”), dated as of between Affymax, Inc. , a Delaware corporation (the “Company”) and , a [corporation] [national banking association] organized and existing under the laws of and having a corporate trust office in , as warrant agent (the “Warrant Agent”).
AFFYMAX, INC. and , AS WARRANT AGENT FORM OF COMMON STOCK WARRANT AGREEMENT DATED AS OFCommon Stock Warrant Agreement • August 8th, 2011 • Affymax Inc • Pharmaceutical preparations • New York
COMMON STOCK WARRANT AGREEMENT (this “Agreement”), dated as of between Affymax, Inc., a Delaware corporation (the “Company”) and , a [corporation] [national banking association] organized and existing under the laws of and having a corporate trust office in , as warrant agent (the “Warrant Agent”).
INDEMNITY AGREEMENTIndemnity Agreement • October 2nd, 2006 • Affymax Inc • Pharmaceutical preparations • California
THIS INDEMNITY AGREEMENT (this "Agreement") dated as of , 2006 is made by and between Affymax, Inc. a Delaware corporation (the "Company"), and ("Indemnitee").
AFFYMAX, INC. and , AS WARRANT AGENT FORM OF DEBT SECURITIES WARRANT AGREEMENT DATED AS OFDebt Securities Warrant Agreement • August 8th, 2011 • Affymax Inc • Pharmaceutical preparations • New York
DEBT SECURITIES WARRANT AGREEMENT (this “Agreement”), dated as of between AFFYMAX, INC., a Delaware corporation (the “Company”) and , a [corporation] [national banking association] organized and existing under the laws of and having a corporate trust office in , as warrant agent (the “Warrant Agent”).
INDEMNITY AGREEMENTIndemnity Agreement • July 28th, 2006 • Affymax Inc • Delaware
THIS AGREEMENT is made and entered into this day of , 200 by and between AFFYMAX, INC., a Delaware corporation (the "Corporation"), and ("Agent").
COMMON STOCK PURCHASE AGREEMENTCommon Stock Purchase Agreement • September 25th, 2009 • Affymax Inc • Pharmaceutical preparations • Delaware
This COMMON STOCK PURCHASE AGREEMENT, made and entered into on this 25th day of September, 2009 (this “Agreement”), by and between Azimuth Opportunity Ltd., an international business company incorporated under the laws of the British Virgin Islands (the “Investor”), and Affymax, Inc., a corporation organized and existing under the laws of the State of Delaware (the “Company”). Capitalized terms used but not defined herein shall have the meanings ascribed to such terms in Annex A hereto.
AFFYMAX, INC. and , AS WARRANT AGENT FORM OF PREFERRED STOCK WARRANT AGREEMENT DATED AS OFWarrant Agreement • August 8th, 2011 • Affymax Inc • Pharmaceutical preparations • New York
PREFERRED STOCK WARRANT AGREEMENT (this “Agreement”), dated as of between Affymax, Inc., a Delaware corporation (the “Company”) and , a [corporation] [national banking association] organized and existing under the laws of and having a corporate trust office in , as warrant agent (the “Warrant Agent”).
• Shares AFFYMAX, INC. COMMON STOCK, PAR VALUE $0.001 PER SHARE UNDERWRITING AGREEMENTUnderwriting Agreement • November 30th, 2006 • Affymax Inc • Pharmaceutical preparations • New York
Morgan Stanley & Co. Incorporated Cowen and Company, LLC Thomas Weisel Partners LLC RBC Capital Markets c/o Morgan Stanley & Co. Incorporated 1585 Broadway New York, NY 10036
EXECUTIVE EMPLOYMENT AGREEMENT forExecutive Employment Agreement • March 31st, 2014 • Affymax Inc • Pharmaceutical preparations • California
This Employment Agreement (“Agreement”) is entered into by and between Jeffrey H. Knapp (“Executive”) and Affymax Inc., (the “Company”), effective as of January 31, 2013 (the “Effective Date”).
EXECUTIVE EMPLOYMENT AGREEMENT forEmployment Agreement • March 31st, 2014 • Affymax Inc • Pharmaceutical preparations • California
This Employment Agreement (“Agreement”) is entered into by and between Anne-Marie Duliege (“Executive”) and Affymax Inc., (the “Company”), effective as of January 31, 2013 (the “Effective Date”).
FORSYTHE LOGO]Warrant Agreement • July 28th, 2006 • Affymax Inc • Illinois
THIS WARRANT AGREEMENT AND THE UNDERLYING SECURITIES HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933 AS AMENDED, OR ANY STATE SECURITIES LAWS. THEY MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED, OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT RELATED THERETO OR AN OPINION OF COUNSEL (WHICH MAY BE COMPANY COUNSEL) REASONABLY SATISFACTORY TO THE COMPANY THAT SUCH REGISTRATION IS NOT REQUIRED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR ANY APPLICABLE STATE SECURITIES LAWS.
AFFYMAX INC. EXECUTIVE EMPLOYMENT AGREEMENT for Anne-Marie DuliegeExecutive Employment Agreement • March 12th, 2009 • Affymax Inc • Pharmaceutical preparations • California
This Employment Agreement (“Agreement”) is entered into by and between Anne-Marie Duliege (“Executive”) and Affymax Inc., (the “Company”), effective as of December 17, 2008 (the “Effective Date”).
ContractAffymax Inc • May 9th, 2012 • Pharmaceutical preparations • California
THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR THE SECURITIES LAWS OF ANY STATE AND, EXCEPT AS SET FORTH IN SECTIONS 5.3 AND 5.4 BELOW, MAY NOT BE OFFERED, SOLD, PLEDGED OR OTHERWISE TRANSFERRED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND LAWS OR, IN THE OPINION OF LEGAL COUNSEL IN FORM AND SUBSTANCE SATISFACTORY TO THE COMPANY, SUCH OFFER, SALE, PLEDGE OR OTHER TRANSFER IS EXEMPT FROM SUCH REGISTRATION.
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • May 9th, 2012 • Affymax Inc • Pharmaceutical preparations
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of March 26, 2012 (the “Effective Date”) among OXFORD FINANCE LLC, a Delaware limited liability company with an office located at 133 North Fairfax Street, Alexandria, Virginia 22314 (“Oxford”), as collateral agent (in such capacity, “Collateral Agent”), the Lenders listed on Schedule 1.1 hereof or otherwise a party hereto from time to time including Oxford in its capacity as a Lender and SILICON VALLEY BANK, a California corporation with an office located at 3003 Tasman Drive, Santa Clara, CA 95054 (“Bank” or “SVB”) (each a “Lender” and collectively, the “Lenders”), and AFFYMAX, INC., a Delaware Corporation with offices located at 4001 Miranda Avenue, Palo Alto, California 94304 (“Borrower”), provides the terms on which the Lenders shall lend to Borrower and Borrower shall repay the Lenders. The parties agree as follows:
AFFYMAX INC. EXECUTIVE EMPLOYMENT AGREEMENT for John A. OrwinExecutive Employment Agreement • May 6th, 2010 • Affymax Inc • Pharmaceutical preparations • California
This Employment Agreement (“Agreement”) is entered into by and between John A. Orwin (“Executive”) and Affymax Inc., (the “Company”), effective as of February 19, 2010 (the “Effective Date”).
EPO RECEPTOR LICENSE AGREEMENTLicense Agreement • December 11th, 2006 • Affymax Inc • Pharmaceutical preparations • Delaware
THIS AGREEMENT, effective this 5 day of September, 1996, between GENETICS INSTITUTE, INC., a corporation of the State of Delaware, with its principle place of business at 87 CambridgePark Drive, Cambridge, Massachusetts, 02140, hereinafter referred to at "GI" and the licensee set out on the signature page below, hereinafter referred to as "LICENSEE",
AFFYMAX, INC. STOCK ISSUANCE AGREEMENTStock Issuance Agreement • July 28th, 2006 • Affymax Inc • California
All capitalized terms in this Agreement shall have the meaning assigned to them in this Agreement or in the attached Appendix.
LICENSE AGREEMENTLicense Agreement • December 11th, 2006 • Affymax Inc • Pharmaceutical preparations • California
This Non-Exclusive License Agreement (this "Agreement"), effective as of August 13, 2001 (the "Effective Date"), is entered into by and between XOMA Ireland Limited, a company with limited liability organized under the laws of the Republic of Ireland having offices at Shan- non Airport House, Shannon, County Clare, Ireland (with its Affiliates, "XOMA"), and Affymax, Inc., a Delaware corporation having offices at 4001 Miranda Avenue, Palo Alto, California, 94304, U.S.A. ("Affymax").
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • February 19th, 2009 • Affymax Inc • Pharmaceutical preparations • California
This SECURITIES PURCHASE AGREEMENT (this “Agreement”) is dated as of the 13th day of February, 2009 (the “Effective Date”) by and between Affymax, Inc., a Delaware corporation, with its principal office at 4001 Miranda Avenue, Palo Alto, California 94304 (the “Company”), and the several purchasers identified in the attached Exhibit A (individually, a “Purchaser” and collectively, the “Purchasers”).
COLLABORATION AND LICENSE AGREEMENTCollaboration and License Agreement • December 11th, 2006 • Affymax Inc • Pharmaceutical preparations • New York
LICENSE, MANUFACTURING AND SUPPLY AGREEMENTLicense, Manufacturing and Supply Agreement • December 11th, 2006 • Affymax Inc • Pharmaceutical preparations • California
COLLABORATION AND LICENSE AGREEMENTCollaboration and License Agreement • December 11th, 2006 • Affymax Inc • Pharmaceutical preparations • New York
This Collaboration And License Agreement (the "Agreement") is entered into on June 27, 2006 (the "Effective Date") between Affymax, Inc., a Delaware corporation, with its principal place of business at 4001 Miranda Avenue, Palo Alto, CA 94304, U.S.A. ("Affymax"), and Takeda Pharmaceutical Company Limited, a company incorporated under the laws of Japan, with a place of business at 1-1, Doshomachi 4-chome, Chuo-ku, Osaka, 540-8645, Japan ("Takeda"). Affymax and Takeda are sometimes referred to herein individually as a "Party" and collectively as the "Parties".
AFFYMAX INC. EXECUTIVE EMPLOYMENT AGREEMENT for Robert B. NasoEmployment Agreement • July 28th, 2006 • Affymax Inc • California
This Employment Agreement ("Agreement") is entered into by and between Robert B. Naso ("Executive") and Affymax Inc., (the "Company"), effective as of March 4, 2004.
Affymax, Inc. 4001 Miranda Avenue Palo Alto, California 94304 Attn: Robert Naso, Ph.D. Executive Vice President, R&D Re: Second Extension of Letter Agreement for TFPI Product Candidates Dear Dr. Naso:Affymax Inc • July 28th, 2006
SECOND AMENDMENT TO LEASELease • July 28th, 2006 • Affymax Inc
THIS SECOND AMENDMENT TO LEASE (this "Second Amendment") is made this 20th day of December 1999 between Spieker Properties, L.P., a California limited partnership, successor in interest to Miranda Associates ("Landlord"), and Affymax Research Institute, a California corporation ("Tenant").
LETTERHEAD] September 20, 2004 Mr. David L. Entin Director, Intellectual Property and Licensing EntreMed, Inc. 9640 Medical Center Drive Rockville, MD 20850 Re: Letter Agreement between Affymax, Inc. and EntreMed, Inc. Dear Mr. Entin:Affymax Inc • July 28th, 2006 • Illinois
As you know, Affymax, Inc. a Delaware corporation with a principal place of business at 4001 Miranda Avenue, Palo Alto, California ("Affymax") and EntreMed, Inc., a Delaware corporation with a principal place of business at 9640 Medical Center Drive, Rockville, Maryland ("EntreMed") have agreed to undertake a joint research collaboration relating to the field of peptides having TFPI-like biological activity ("Research"). Affymax and EntreMed have agreed that the initial research collaboration shall be conducted according to the terms and conditions specified in the term sheet dated 10 September 2004 and entitled "Term Sheet—Affymax, Inc. and EntreMed, Inc. TFPI Research Collaboration" ("TFPI Term Sheet"), which is attached hereto as Exhibit A and incorporated herein by reference.
COLLABORATION AND LICENSE AGREEMENTCollaboration and License Agreement • August 5th, 2009 • Affymax Inc • Pharmaceutical preparations • New York
As used in this Agreement, the following initially capitalized terms, whether used in the singular or plural form, shall have the meanings set forth in this Article 1. The terms in this Agreement with initial letters capitalized, whether used in the singular or the plural, shall have the meaning set forth below or, if not listed below, the meaning designated in places throughout this Agreement.
AMENDMENT NO. 1 TO COMMON STOCK PURCHASE AGREEMENTCommon Stock Purchase Agreement • September 20th, 2010 • Affymax Inc • Pharmaceutical preparations • New York
This Amendment No. 1 (the “Amendment”) is entered into this 17th day of September 2010 (“Amendment Effective Date”) by and between Azimuth Opportunity Ltd., an international business company incorporated under the laws of the British Virgin Islands (the “Investor”), and Affymax, Inc., a corporation organized and existing under the laws of the State of Delaware (the “Company”) and amends that certain Common Stock Purchase Agreement (the “Agreement”) between the Investor and the Company dated as of September 25, 2009. Capitalized terms used but not defined herein shall have the meanings ascribed to such terms in the Agreement.
AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • November 5th, 2010 • Affymax Inc • Pharmaceutical preparations
This AMENDMENT TO EMPLOYMENT AGREEMENT (“Amendment”) is entered into by and between PAUL B. CLEVELAND (“Executive”) and Affymax, Inc. (the “Company”), effective as of September 23, 2010 (the “Effective Date”).
Attn: Robert Naso, Ph.D., Executive Vice President, R&D Re: Sixth Extension of Letter Agreement Dear Bob:Affymax Inc • November 30th, 2006 • Pharmaceutical preparations
AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • November 5th, 2010 • Affymax Inc • Pharmaceutical preparations
This AMENDMENT TO EMPLOYMENT AGREEMENT (“Amendment”) is entered into by and between ANNE-MARIE DULIEGE (“Executive”) and Affymax, Inc. (the “Company”), effective as of September 23, 2010 (the “Effective Date”).
AFFYMAX, INC. EMPLOYMENT AGREEMENTEmployment Agreement • July 28th, 2006 • Affymax Inc • California
This EMPLOYMENT AGREEMENT ("Agreement") is entered into by and between ARLENE MORRIS ("Executive") and AFFYMAX, INC. (the "Company"), effective as of June 10, 2003 (the "Effective Date").
AFFYMAX, INC. EMPLOYMENT AGREEMENTEmployment Agreement • March 12th, 2009 • Affymax Inc • Pharmaceutical preparations • California
This EMPLOYMENT AGREEMENT (“Agreement”) is entered into by and between ARLENE MORRIS (“Executive”) and AFFYMAX, INC. (the “Company”), effective as of December 17, 2008 (the “Effective Date”).
AFFYMAX, INC. AMENDED AND RESTATED INVESTORS' RIGHTS AGREEMENT September 7, 2006Investors' Rights Agreement • October 2nd, 2006 • Affymax Inc • Pharmaceutical preparations • Delaware
This AMENDED AND RESTATED INVESTORS' RIGHTS AGREEMENT (this "Agreement") is made and entered into as of September 7, 2006 (the "Effective Date"), by and among (i) AFFYMAX, INC., a Delaware corporation (the "Company"), (ii) the purchasers of the Company's Series A Preferred Stock ("Series A Stock") that are listed on Exhibit A hereto (the "Series A Investors"), (iii) the purchasers of the Company's Series B Preferred Stock (the "Series B Stock") and common stock (the "Common Stock") pursuant to that certain Securities Purchase Agreement dated as of July 27, 2001 (the "Securities Purchase Agreement") that are listed on Exhibit B hereto (the "Series B Investors"), (iv) the purchasers of the Company's Series C Preferred Stock ("Series C Stock") that are listed on Exhibit C hereto (the "Series C Investors"), (v) the purchasers of the Company's Series D Preferred Stock (the "Series D Stock") that are listed on Exhibit D hereto (the "Series D Investors"), (vi) the purchasers of the Company's
AFFYMAX INC. EXECUTIVE EMPLOYMENT AGREEMENT for Steven LoveEmployment Agreement • March 13th, 2008 • Affymax Inc • Pharmaceutical preparations • California
This Employment Agreement ("Agreement") is entered into by and between Steven Love ("Executive") and Affymax Inc., (the "Company"), effective as of July 21, 2007.
