AVEO PHARMACEUTICALS, INC. (a Delaware corporation) 6,000,000 Shares of Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • March 24th, 2021 • Aveo Pharmaceuticals, Inc. • Pharmaceutical preparations • New York
AVEO PHARMACEUTICALS, INC. 6,667,000 Shares of Common Stock Underwriting AgreementAveo Pharmaceuticals Inc • January 17th, 2013 • Pharmaceutical preparations • New York
AVEO Pharmaceuticals, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several Underwriters listed in Schedule 1 hereto (the “Underwriters”), for whom you are acting as representative (the “Representative”), an aggregate of 6,667,000 shares of common stock, par value $0.001 per share, of the Company (the “Underwritten Shares”) and, at the option of the Underwriters, up to an additional 1,000,050 shares of common stock of the Company (the “Option Shares”). The Underwritten Shares and the Option Shares are herein referred to as the “Shares”. The shares of common stock of the Company to be outstanding after giving effect to the sale of the Shares are referred to herein as the “Stock”.
30,000,000 Shares AVEO PHARMACEUTICALS, INC. Common Stock PURCHASE AGREEMENTPurchase Agreement • March 29th, 2017 • Aveo Pharmaceuticals Inc • Pharmaceutical preparations • New York
AVEO Pharmaceuticals, Inc., a Delaware corporation (the “Company”), proposes to sell to the several Underwriters named in Schedule I hereto (the “Underwriters”) for whom Piper Jaffray & Co. is acting as representative (the “Representative”), an aggregate of 30,000,000 authorized but unissued shares (the “Firm Shares”) of common stock, $0.001 par value per share (the “Common Stock”), of the Company. The Company has also granted to the several Underwriters an option to purchase up to 4,500,000 additional shares of Common Stock, on the terms and for the purposes set forth in Section 2 hereof (the “Option Shares”). The Firm Shares and any Option Shares purchased pursuant to this Purchase Agreement (this “Agreement”) are herein collectively called the “Securities.”
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • November 3rd, 2010 • Aveo Pharmaceuticals Inc • Pharmaceutical preparations • New York
This REGISTRATION RIGHTS AGREEMENT (this “Agreement”) is made and entered into as of October 28, 2010 by and among AVEO Pharmaceuticals, Inc., a Delaware corporation (the “Company”), and the “Investors” named in that certain Securities Purchase Agreement by and among the Company and the Investors (the “Purchase Agreement”). Capitalized terms used herein have the respective meanings ascribed thereto in the Purchase Agreement unless otherwise defined herein.
AGREEMENT AND PLAN OF MERGER dated as of October 18, 2022 among AVEO PHARMACEUTICALS, INC., LG CHEM, LTD. and ACACIA ACQUISITION SUB, INC.Agreement and Plan of Merger • October 18th, 2022 • Aveo Pharmaceuticals, Inc. • Pharmaceutical preparations • Delaware
AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of October 18, 2022, among AVEO Pharmaceuticals, Inc., a Delaware corporation (the “Company”), LG Chem, Ltd., a corporation organized and existing under the laws of the Republic of Korea (“Parent”), and Acacia Acquisition Sub, Inc. a Delaware corporation and an indirect wholly-owned Subsidiary of Parent (“Merger Subsidiary”).
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • December 16th, 2009 • Aveo Pharmaceuticals Inc • California
THIS LOAN AND SECURITY AGREEMENT is made and dated as of May 15, 2008 and is entered into by and among AVEO PHARMACEUTICALS, INC., a Delaware corporation, and each of its subsidiaries, (hereinafter collectively referred to as the “Borrower”), COMERICA BANK (“Comerica”), and HERCULES TECHNOLOGY GROWTH CAPITAL, INC., a Maryland corporation (“Hercules”, together with COMERICA collectively referred to as “Lender”).
AVEO Pharmaceuticals, Inc. Restricted Stock Agreement Granted Under 2002 Stock Incentive PlanRestricted Stock Agreement • December 16th, 2009 • Aveo Pharmaceuticals Inc • Delaware
AVEO PHARMACEUTICALS, INC. Common Stock (par value $0.001 per share) At Market Issuance Sales AgreementAveo Pharmaceuticals Inc • February 27th, 2015 • Pharmaceutical preparations • New York
Aveo Pharmaceuticals, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”), with MLV & Co. LLC (“MLV”), as follows:
SEVERANCE AND CHANGE IN CONTROL AGREEMENTSeverance and Change in Control Agreement • May 7th, 2015 • Aveo Pharmaceuticals Inc • Pharmaceutical preparations • Massachusetts
THIS SEVERANCE AND CHANGE IN CONTROL AGREEMENT (the “Agreement”), made this 9th day of January 2015 (the “Effective Date”), is entered into by AVEO Pharmaceuticals, Inc., a Delaware corporation with its principal place of business at 650 East Kendall Street, Cambridge, MA 02142 (the “Company”), and Michael N. Needle, M.D. (the “Employee”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • May 13th, 2016 • Aveo Pharmaceuticals Inc • Pharmaceutical preparations
This Registration Rights Agreement (this “Agreement”) is made and entered into as of May 13, 2016, by and among AVEO Pharmaceuticals, Inc., a Delaware corporation (the “Company”), and the several purchasers signatory hereto (each a “Purchaser” and collectively, the “Purchasers”).
SEVERANCE AND CHANGE IN CONTROL AGREEMENTSeverance and Change in Control Agreement • March 14th, 2022 • Aveo Pharmaceuticals, Inc. • Pharmaceutical preparations • Massachusetts
THIS SEVERANCE AND CHANGE IN CONTROL AGREEMENT (the “Agreement”), made this 10th day of March 2021 (the “Effective Date”), is entered into by AVEO Pharmaceuticals, Inc., a Delaware corporation with its principal place of business at 30 Winter Street Boston, MA 02108 (the “Company”), and Michael Ferraresso (the “Employee”).
CLINICAL TRIAL COLLABORATION AND SUPPLY AGREEMENTClinical Trial Collaboration and Supply Agreement • May 10th, 2021 • Aveo Pharmaceuticals, Inc. • Pharmaceutical preparations • Delaware
This CLINICAL TRIAL COLLABORATION AND SUPPLY AGREEMENT (the “Agreement”) is made and entered into effective as of the date signed by the last Party to sign below (the “Effective Date”) by and between Aveo Pharmaceuticals, Inc., having a place of business at 30 Winter Street, Boston, MA 02108 (the “Recipient”) and Bristol-Myers Squibb Company, having a place of business at Route 206 and Province Line Road, Princeton, New Jersey, USA 08543 (“BMS”). The Recipient and BMS are sometimes individually referred to in this Agreement as a “Party” and collectively as the “Parties.”
WARRANT AGREEMENT To Purchase Shares of Common Stock of AVEO PHARMACEUTICALS, INC. Dated as of May 13, 2016 (the “Effective Date”)Warrant Agreement • May 13th, 2016 • Aveo Pharmaceuticals Inc • Pharmaceutical preparations • California
WHEREAS, AVEO Pharmaceuticals, Inc., a Delaware corporation (the “Company”), Hercules Capital, Inc., a Maryland corporation f/k/a Hercules Technology Growth Capital, Inc. (the “Warrantholder”) and the other lender parties thereto are parties to a certain Loan and Security Agreement, dated as of May 28, 2010, as amended by that certain Amendment No. 1 to Loan and Security Agreement, dated as of December 21, 2011, and as further amended by that certain Amendment No. 2 to Loan and Security Agreement, dated as of March 31, 2012 and that certain Amendment No. 3 to the Loan and Security Agreement dated as of September 24, 2014 (together referred to herein as the “Original Loan Agreement”);
CONSULTATION AND SCIENTIFIC ADVISORY BOARD AGREEMENTConsultation and Scientific Advisory Board Agreement • March 11th, 2011 • Aveo Pharmaceuticals Inc • Pharmaceutical preparations • Massachusetts
THIS CONSULTING AND SCIENTIFIC ADVISORY BOARD AGREEMENT effective as of this 1ST day of January, 2010 (the “Effective Date”), between AVEO PHARMACEUTICALS, INC., a Delaware corporation with offices at 75 Sidney Street, 4th Floor, Cambridge, MA 02139 (the “Company”) and Lynda Chin, MD residing at 89 Hyslop Rd, Brookline, MA 02445 (“Consultant”).
LICENSE AGREEMENT BY AND BETWEEN EUSA PHARMA (UK) LIMITED AND AVEO PHARMACEUTICALS, INC Dated: December 18, 2015License Agreement • March 14th, 2022 • Aveo Pharmaceuticals, Inc. • Pharmaceutical preparations • New York
This LICENSE AGREEMENT (this “Agreement”) is entered into as of December 18, 2015 (the “Effective Date”) by and between EUSA PHARMA (UK) LIMITED, with its principal offices at Breakspear Park, Breakspear Way, Hemel Hempstead, HP24TZ, United Kingdom (“Partner”), and AVEO PHARMACEUTICALS, INC., a Delaware corporation with its principal offices at One Broadway, 14th Floor, Cambridge, MA 02142 (“AVEO”). AVEO and Partner may be referred to herein each, individually, as a “Party” or, collectively, as the “Parties.”
FIRST AMENDED AND RESTATED LICENSE AND RESEARCH COLLABORATION AGREEMENTLicense and Research Collaboration Agreement • March 9th, 2010 • Aveo Pharmaceuticals Inc • Pharmaceutical preparations • New Jersey
AVEO PHARMACEUTICALS LETTERHEAD]Aveo Pharmaceuticals Inc • March 13th, 2014 • Pharmaceutical preparations
To incentivize you to remain with of AVEO Pharmaceuticals, Inc. (the “Company”) and dedicate yourself to its success and to encourage your continued efforts to maximize the Company’s value, the Company would like to (i) offer to you a retention bonus subject to the conditions set forth below in this letter agreement (the “Letter Agreement”) and (ii) amend your Severance and Change in Control Agreement dated as of September 13, 2010 (the “Severance Agreement”). Terms used herein and not otherwise defined shall have such meaning as set forth in the Severance Agreement.
OPTION AND LICENSE AGREEMENTOption and License Agreement • May 9th, 2012 • Aveo Pharmaceuticals Inc • Pharmaceutical preparations • Massachusetts
WARRANT AGREEMENT AMONG AVEO PHARMACEUTICALS, INC. AND COMPUTERSHARE INC. AND COMPUTERSHARE TRUST COMPANY, N.A., AS WARRANT AGENT July 16, 2018Warrant Agreement • July 16th, 2018 • Aveo Pharmaceuticals Inc • Pharmaceutical preparations • Massachusetts
AVEO Pharmaceuticals, Inc. Restricted Stock AgreementRestricted Stock Agreement • March 30th, 2012 • Aveo Pharmaceuticals Inc • Pharmaceutical preparations • Delaware
AVEO Pharmaceuticals, Inc. (the “Company”) has selected you to receive the restricted stock award described above, which is subject to the provisions of the Company’s 2010 Stock Incentive Plan (the “Plan”) and the terms and conditions contained in this Restricted Stock Agreement. Please confirm your acceptance of this restricted stock award and of the terms and conditions of this Agreement by signing a copy of this Agreement where indicated below.
ContractWarrant Agreement • December 16th, 2009 • Aveo Pharmaceuticals Inc • California
THE WARRANT PROVIDED FOR IN THIS AGREEMENT AND THE SECURITIES ISSUABLE UPON EXERCISE OF SUCH WARRANT 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 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.
Amendment No. 1 to At Market Issuance Sales AgreementSales Agreement • May 7th, 2015 • Aveo Pharmaceuticals Inc • Pharmaceutical preparations • New York
CO-DEVELOPMENT AND COLLABORATION AGREEMENT By and Between AVEO PHARMACEUTICALS, INC. and BIODESIX, INC.Co-Development and Collaboration Agreement • May 7th, 2014 • Aveo Pharmaceuticals Inc • Pharmaceutical preparations • Delaware
This CO-DEVELOPMENT AND COLLABORATION AGREEMENT (this “Agreement”), dated as of April 9, 2014 (the “Effective Date”), is entered into by and between AVEO PHARMACEUTICALS, INC. (“AVEO”), a Delaware corporation having a principal office at 650 E. Kendall Street, Cambridge, Massachusetts 02142, and Biodesix, Inc. (“Biodesix”), a Delaware corporation having a principal office located at 2970 Wilderness Place, Suite 100, Boulder, Colorado 80301. AVEO and Biodesix are sometimes referred to herein individually as a “Party” and collectively as the “Parties”.
SUBLEASE AGREEMENTSublease Agreement • December 16th, 2009 • Aveo Pharmaceuticals Inc • Massachusetts
CONSULTING AND SCIENTIFIC ADVISORY BOARD AGREEMENTConsulting And • May 12th, 2011 • Aveo Pharmaceuticals Inc • Pharmaceutical preparations • Massachusetts
CONSULTING AND SCIENTIFIC ADVISORY BOARD AGREEMENT (the “Consulting Agreement”) shall be effective as of January 1, 2010, between AVEO PHARMACEUTICALS, INC., a Delaware corporation with offices at 75 Sidney Street, 4th Floor, Cambridge, MA 02139 (the “Company”) and Raju Kucherlapti, PhD residing at 6 Wildflower Lane, Weston, MA 02493 (“Consultant”).
AGREEMENTAgreement • April 30th, 2019 • Aveo Pharmaceuticals Inc • Pharmaceutical preparations • Massachusetts
Agreement (the “Agreement”), dated December 18, 2018 (the “Agreement Effective Date”), by and between Novartis International Pharmaceutical Ltd. (“Novartis”) and AVEO Pharmaceuticals, Inc. (“AVEO”). Novartis and AVEO are separately referred to as a “Party” and are collectively referred to as the “Parties”.
Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions. AMENDED AND RESTATED COLLABORATION AND LICENSE AGREEMENTCollaboration and License Agreement • March 9th, 2010 • Aveo Pharmaceuticals Inc • Pharmaceutical preparations • New York
provided that, AVEO shall waive the milestone payments under (I) Section 6.4(a)(i) with respect to the first [**] and (II) Section 6.4(a)(ii) with respect to (A) the first [**] after the Restatement Effective Date and (B) the first [**].
TRANSITION, RETIREMENT AND RELEASE OF CLAIMS AGREEMENTTransition, Retirement and Release of Claims Agreement • August 9th, 2017 • Aveo Pharmaceuticals Inc • Pharmaceutical preparations • Massachusetts
This Transition, Retirement and Release of Claims Agreement (the “Agreement”) is made as of May 3, 2017 (the “Effective Date”) between AVEO Pharmaceuticals (“AVEO” or the “Company”) and Keith Ehrlich (“Executive”) (together, the “Parties”).
Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Double asterisks denote omissions. AMENDMENT NO. 3 TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • November 5th, 2014 • Aveo Pharmaceuticals Inc • Pharmaceutical preparations • California
This AMENDMENT NO. 3 TO LOAN AND SECURITY AGREEMENT (this “Amendment”), is entered into this 24th day of September, 2014, by and among AVEO PHARMACEUTICALS, INC., a Delaware corporation (“Borrower”), and HERCULES TECHNOLOGY GROWTH CAPITAL, INC., a Maryland corporation (“HTGC Inc.”), HERCULES CAPITAL FUNDING TRUST 2012-1, a statutory trust created and existing under the laws of the State of Delaware (“Trust”), and HERCULES TECHNOLOGY III, L.P., a Delaware limited partnership (“Hercules III”, together with HTGC Inc. and Trust collectively referred to as the “Lender”).
ContractAveo Pharmaceuticals Inc • December 16th, 2009 • Delaware
THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, AND MAY NOT BE SOLD, PLEDGED OR OTHERWISE TRANSFERRED OTHER THAN IN ACCORDANCE WITH APPLICABLE LAW.
NON-COMPETITION AND NON-SOLICITATION AGREEMENTNon-Competition and Non-Solicitation Agreement • March 14th, 2022 • Aveo Pharmaceuticals, Inc. • Pharmaceutical preparations • Massachusetts
This Non-Competition and Non-Solicitation Agreement (the “Agreement”) is made between AVEO Pharmaceuticals, Inc. a Delaware corporation (hereinafter referred to collectively with its subsidiaries as the “Company”), and the undersigned employee (the “Employee”).
Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions. EXCLUSIVE LICENSE AGREEMENTExclusive License Agreement • December 16th, 2009 • Aveo Pharmaceuticals Inc • Massachusetts
This agreement, effective as of March 19, 2002 (“Effective Date”), is between the Dana-Farber Cancer Institute, Inc., a Massachusetts non-profit organization having a principal place of business at 44 Binney Street, Boston, Massachusetts, 02115 (“DFCI”) and GenPath Pharmaceuticals, Inc., a Delaware corporation (“Licensee”).
TRANSITION AND SEPARATION AGREEMENTTransition and Separation Agreement • May 7th, 2015 • Aveo Pharmaceuticals Inc • Pharmaceutical preparations • Massachusetts
This Transition and Separation Agreement, dated as of January 6, 2015 (the “Agreement”), is entered into by and between AVEO Pharmaceuticals, Inc., a Delaware corporation, having its principal place of business at 650 East Kendall Street, Cambridge, MA 02142 (the “Company”) and Tuan Ha-Ngoc (the “Employee”) (each, a “Party” and, collectively, the “Parties”).
FIRST AMENDMENT TO THE AMENDED AND RESTATED COLLABORATION LICENSE AGREEMENT BETWEEN OSI PHARMACEUTICALS, INC. AND AVEO PHARMACEUTICALS, INC.Collaboration License Agreement • August 6th, 2010 • Aveo Pharmaceuticals Inc • Pharmaceutical preparations
This First Amendment (the “Amendment”) effective as of the last date set forth on the signature page hereof, by and between OSI Pharmaceuticals, Inc. (“OSI”) and AVEO Pharmaceuticals, Inc. (“AVEO”) amends the Amended and Restated Collaboration License Agreement between OSI and AVEO, dated July 16, 2009 (the “Agreement”).
AMENDMENT NO. 4 TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • August 4th, 2016 • Aveo Pharmaceuticals Inc • Pharmaceutical preparations • California
This AMENDMENT NO. 4 TO LOAN AND SECURITY AGREEMENT (this “Amendment”), is entered into this 13th day of May, 2016 (the “Effective Date”), by and among (a) AVEO PHARMACEUTICALS, INC., a Delaware corporation (“Borrower”), (b) HERCULES CAPITAL, INC., formerly known as HERCULES TECHNOLOGY GROWTH CAPITAL, INC., a Maryland corporation in its capacity as administrative agent for itself and the Lender (as defined herein) (in such capacity, the “Agent”), and (c) (i) HERCULES TECHNOLOGY III, L.P., a Delaware limited partnership and (ii) the several banks and other financial institutions or entities from time to time parties to the Loan Agreement (as defined below) (collectively, referred to as “Lender”). Capitalized terms used herein without definition shall have the same meanings given them in the Loan Agreement (as defined below).
