KRYSTAL BIOTECH, INC. Common Stock (par value $0.00001 per share) SALES AGREEMENTSales Agreement • May 8th, 2023 • Krystal Biotech, Inc. • Biological products, (no disgnostic substances) • New York
Krystal Biotech, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Cowen and Company, LLC (“Cowen”), as follows:
Krystal Biotech, Inc. 1,923,077 Shares Common Stock ($0.00001 par value) Underwriting AgreementKrystal Biotech, Inc. • February 5th, 2021 • Biological products, (no disgnostic substances) • New York
Krystal Biotech, Inc., a corporation organized under the laws of Delaware (the “Issuer”), proposes to issue and sell to the several underwriters named in Schedule I hereto (the “Underwriters”), for whom Goldman Sachs & Co. LLC (“Goldman Sachs”), Cowen and Company, LLC (“Cowen”) and Evercore Group L.L.C. (“Evercore”) are acting as representatives (the “Representatives”), 1,923,077 shares of common stock, $0.00001 par value per share (“Common Stock”) of the Issuer (said shares to be issued and sold by the Issuer being hereinafter called the “Underwritten Securities”). The Issuer also proposes to grant to the Underwriters an option to purchase 288,461 additional shares of Common Stock to cover over-allotments, if any (the “Option Securities;” the Option Securities, together with the Underwritten Securities, hereinafter called the “Securities”). To the extent there are no additional Underwriters listed on Schedule I other than you, the term Representatives as used herein shall mean you, as
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • May 22nd, 2023 • Krystal Biotech, Inc. • Biological products, (no disgnostic substances) • New York
This REGISTRATION RIGHTS AGREEMENT (this “Agreement”) is made and entered into as of May 21, 2023, by and among Krystal Biotech Inc., a Delaware corporation (the “Company”), and the “Investors” named in that certain Securities Purchase Agreement by and among the Company and the Investors, dated as of May 21, 2023 (the “Purchase Agreement”). Capitalized terms used herein have the respective meanings ascribed thereto in the Purchase Agreement unless otherwise defined herein.
FORM OF INDEMNIFICATION AGREEMENT (DIRECTORS)Indemnification Agreement • September 14th, 2017 • Krystal Biotech, Inc. • Biological products, (no disgnostic substances) • Delaware
This Indemnification Agreement (Directors) (this “Agreement”) is made and entered into on [ ], by and between Krystal Biotech, Inc., a Delaware corporation with a principal business address of 2100 Wharton Street, Suite 701, Pittsburg, PA 15203 (the “Company”), and [ ], an individual resident of the State of [ ] with a residential address as set forth on the signature page hereto (“Indemnitee”), to be effective as of [ ], 20[ ] (the “Effective Date”).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • May 22nd, 2023 • Krystal Biotech, Inc. • Biological products, (no disgnostic substances) • New York
This SECURITIES PURCHASE AGREEMENT (this “Agreement”) is made and entered into as of May 21, 2023, by and among Krystal Biotech, Inc., a Delaware corporation (the “Company”), and the Investors identified on Exhibit A attached hereto (each an “Investor” and collectively the “Investors”).
KRYSTAL BIOTECH, INC. STOCK PURCHASE AGREEMENTStock Purchase Agreement • August 17th, 2018 • Krystal Biotech, Inc. • Biological products, (no disgnostic substances) • New York
This Stock Purchase Agreement (the “Agreement”) is made as of August 16, 2018 (the “Effective Date”), by and among Krystal Biotech, Inc., a Delaware corporation (the “Company”), and the purchasers whose names and addresses are set forth on the signature pages hereof (each, a “Purchaser” and, collectively, the “Purchasers”).
EMPLOYMENT AGREEMENTEmployment Agreement • September 7th, 2017 • Krystal Biotech, Inc. • Biological products, (no disgnostic substances) • California
This Employment Agreement (“the Agreement”), dated July 1, 2017, is between Krystal Biotech, Inc., a Delaware corporation] (the “Company”) and Krish S. Krishnan, (“Employee”).
ContractLease Agreement • March 1st, 2021 • Krystal Biotech, Inc. • Biological products, (no disgnostic substances)
ContractEmployment Agreement • March 1st, 2021 • Krystal Biotech, Inc. • Biological products, (no disgnostic substances) • Pennsylvania
accordance with Section 12.03(b) below, and (v) plans and specifications (whether in AutoCAD, electronic or other format), blue prints, architectural plans, engineering diagrams, surveys and similar items which relate to and are to be used only for...Purchase and Sale Agreement • May 10th, 2021 • Krystal Biotech, Inc. • Biological products, (no disgnostic substances) • Pennsylvania
ContractLease Agreement • March 1st, 2021 • Krystal Biotech, Inc. • Biological products, (no disgnostic substances)
ContractLease Agreement • March 1st, 2021 • Krystal Biotech, Inc. • Biological products, (no disgnostic substances)
EMPLOYMENT AGREEMENTEmployment Agreement • September 7th, 2017 • Krystal Biotech, Inc. • Biological products, (no disgnostic substances) • Pennsylvania
This Employment Agreement (“the Agreement”), dated May 1, 2017, is between Krystal Biotech, Inc., a Delaware corporation] (the “Company”) and POOJA AGARWAL, (“Employee”), and reflects the Company’s and Employee’s desire to establish a full employment relationship following Employee’s service to Krystal Biotech, LLC, a predecessor of the Company.
INVESTORS’ RIGHTS AGREEMENTInvestors’ Rights Agreement • August 21st, 2017 • Krystal Biotech, Inc. • Biological products, (no disgnostic substances) • Delaware
THIS INVESTORS’ RIGHTS AGREEMENT (this “Agreement”) is made as of August 7, 2017 by and among KRYSTAL BIOTECH, INC., a Delaware corporation (the “Company”) the investors listed on Schedule A hereto (each an “Investor” and collectively the “Investors”) and those persons listed on Schedule B hereto (each, a “Founder”, and collectively, the “Founders”).
ContractLease Agreement • February 28th, 2022 • Krystal Biotech, Inc. • Biological products, (no disgnostic substances)
ContractLease Agreement • March 1st, 2021 • Krystal Biotech, Inc. • Biological products, (no disgnostic substances)
ContractLease Agreement • February 28th, 2022 • Krystal Biotech, Inc. • Biological products, (no disgnostic substances)
Krystal Biotech, Inc. 2,666,667 Shares Common Stock ($0.00001 par value) Underwriting AgreementKrystal Biotech, Inc. • December 3rd, 2021 • Biological products, (no disgnostic substances) • New York
Krystal Biotech, Inc., a corporation organized under the laws of Delaware (the “Issuer”), proposes to issue and sell to the several underwriters named in Schedule I hereto (the “Underwriters”), for whom Goldman Sachs & Co. LLC (“Goldman Sachs”), BofA Securities, Inc., (“BofA”),Cowen and Company, LLC (“Cowen”) and William Blair & Company, L.L.C. (“William Blair”), are acting as representatives (the “Representatives”), 2,666,667 shares of common stock, $0.00001 par value per share (“Common Stock”) of the Issuer (said shares to be issued and sold by the Issuer being hereinafter called the “Underwritten Securities”). The Issuer and the entities named in Schedule IV hereto (each a “Selling Stockholder” and together, the “Selling Stockholders”) also propose to grant to the Underwriters an option to purchase up to 200,000 additional shares of Common Stock set forth in Schedule II (the “Issuer Option Securities”) and up to 200,000
ContractLease Agreement • February 28th, 2022 • Krystal Biotech, Inc. • Biological products, (no disgnostic substances)
SECOND AMENDMENT TO LEASE AGREEMENTLease Agreement • September 7th, 2017 • Krystal Biotech, Inc. • Biological products, (no disgnostic substances)
THIS SECOND AMENDMENT TO LEASE AGREEMENT (the “Second Amendment”) is made as of the 27 day of February, 2017, by and between Wharton Lender Associates, L.P., (“Landlord”), and Krystal Biotech LLC, (“Tenant”).
LEASE BY AND BETWEEN WHARTON LENDER ASSOCIATES, LP, LANDLORD AND KRYSTAL BIOTECH LLC, TENANT OFLease • September 7th, 2017 • Krystal Biotech, Inc. • Biological products, (no disgnostic substances) • Pennsylvania
EMPLOYMENT AGREEMENTEmployment Agreement • May 4th, 2020 • Krystal Biotech, Inc. • Biological products, (no disgnostic substances) • Pennsylvania
This Employment Agreement (“the Agreement”), dated December 5, 2019, is between Krystal Biotech, Inc., a Delaware corporation (the “Company”) and Jennifer Chien (“Employee”) and reflects the Company’s and Employee’s desire to establish a full employment relationship.
2 - at Tenant’s election and upon receipt of a commercially reasonable release and waiver executed by Tenant therefor, assign (or cause the assignment) to Tenant all plans, drawings and specifications related to Landlord’s Work, (iii) Landlord shall...Lease Agreement • March 1st, 2021 • Krystal Biotech, Inc. • Biological products, (no disgnostic substances)
sf-3750204KBca E M P L O Y M E N T A G R E E M E N T This Employment Agreement (“the Agreement”), dated December 6, 2021, is between Krystal Biotech, Inc., a Delaware corporation (the “Company”) and Jing L. Marantz (“Employee”) and reflects the...Employment Agreement • February 28th, 2022 • Krystal Biotech, Inc. • Biological products, (no disgnostic substances)
ContractLease Agreement • March 1st, 2021 • Krystal Biotech, Inc. • Biological products, (no disgnostic substances)
EMPLOYMENT AGREEMENTEmployment Agreement • March 12th, 2018 • Krystal Biotech, Inc. • Biological products, (no disgnostic substances) • California
This Employment Agreement (“the Agreement”), dated March 8 2018, is between Krystal Biotech, Inc., a Delaware corporation (the “Company”) and Antony Riley, (“Employee”) and reflects the company’s and Employee’s desire to establish a full employment relationship.
