10X GENOMICS, INC. [●] Shares of Class A Common Stock, par value $0.00001 per share Underwriting Agreement10x Genomics, Inc. • September 8th, 2020 • Laboratory analytical instruments • New York
10x Genomics, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several underwriters listed in Schedule 1 hereto (the “Underwriters”), for whom J.P. Morgan Securities LLC (“JPM”), BofA Securities, Inc. (“BofA”) and Cowen and Company, LLC are acting as representatives (the “Representatives”), an aggregate of [●] shares of Class A common stock, par value $0.00001 per share (“Common Stock”), of the Company (the “Underwritten Shares”) and, at the option of the Underwriters, up to an additional [●] shares of Class A 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 Class A common stock of the Company to be outstanding after giving effect to the sale of the Shares are referred to herein as the “Stock”.
SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • August 19th, 2019 • 10x Genomics, Inc. • Laboratory analytical instruments
10X GENOMICS, INC. FORM OF INDEMNIFICATION AGREEMENTIndemnification Agreement • September 3rd, 2019 • 10x Genomics, Inc. • Laboratory analytical instruments • Delaware
This Indemnification Agreement is dated as of _________, 20__ (this “Agreement”) and is between 10x Genomics, Inc., a Delaware corporation (the “Company”), and [name of director/officer] (“Indemnitee”).
LEASE AGREEMENT BY AND BETWEEN 6200 STONERIDGE MALL ROAD INVESTORS LLC, a Delaware limited liability company AS LANDLORD and 10X GENOMICS, INC., a Delaware corporation AS TENANT DATED November 6, 2020 1Lease Agreement • November 12th, 2020 • 10x Genomics, Inc. • Laboratory analytical instruments • California
10X Genomics, Inc. AT-WILL EMPLOYMENT, CONFIDENTIAL INFORMATION, INVENTION ASSIGNMENT, AND ARBITRATION AGREEMENT10x Genomics, Inc. • August 19th, 2019 • Laboratory analytical instruments • California
As a condition of my employment with 10X Genomics, Inc., its subsidiaries, affiliates, successors or assigns (together, the “Company”), and in consideration of my employment with the Company and my receipt of the compensation now and hereafter paid to me by Company, I agree to the following provisions of this 10X Genomics, Inc. At-Will Employment, Confidential Information, Invention Assignment, and Arbitration Agreement (this “Agreement”):
FIRST AMENDMENTFirst Amendment • August 19th, 2019 • 10x Genomics, Inc. • Laboratory analytical instruments • California
THIS FIRST AMENDMENT (this “Amendment”) is dated as of May 20, 2019 (the “Effective Date”) and entered into by and between 6200 STONERIDGE MALL ROAD INVESTORS LLC, a Delaware limited liability company (“Landlord”) and 10X GENOMICS, INC., a Delaware corporation (“Tenant”).
EXCLUSIVE (EQUITY) AGREEMENT10x Genomics, Inc. • August 19th, 2019 • Laboratory analytical instruments • California
This Agreement between THE BOARD OF TRUSTEES OF THE LELAND STANFORD JUNIOR UNIVERSITY (“Stanford”), an institution of higher education having powers under the laws of the State of California, and EPINOMICS (“Epinomics”), a corporation having a principal place of business at 1430 O’Brien Dr, Ste D-1, Menlo Park, CA 94025, is effective on the 15th day of October, 2015 (“Effective Date”).
Amendment No. 1 to License AgreementLicense Agreement • August 19th, 2019 • 10x Genomics, Inc. • Laboratory analytical instruments • Massachusetts
This Amendment No. 1 to License Agreement (this “Amendment No. 1”) is entered into as of this 25th day of October, 2018 ( the “Amendment No. 1 Execution Date”), and shall be deemed effective as of April 1, 2017 (the “Amendment No. 1 Effective Date”), by and between 10X Genomics, Inc. (fka 10X Technologies, Inc.), a Delaware Corporation, having a place of business at 7068 Koll Center Parkway, Suite 401, Pleasanton, CA 94566 (“Licensee”) and President and Fellows of Harvard College, an educational and charitable corporation existing under the laws and the constitution of the Commonwealth of Massachusetts, having a place of business at Richard A. and Susan F. Smith Campus Center, Suite 727E, 1350 Massachusetts Avenue, Cambridge, Massachusetts 02138 (“Harvard”). Harvard, on the one hand, and Licensee, on the other, each shall be referred to herein as a “Party” and together as the “Parties”.
Amendment No. 1 to the License Agreement Effective October 15th, 2015 between Stanford University And Epinomics Inc.License Agreement • August 19th, 2019 • 10x Genomics, Inc. • Laboratory analytical instruments
Effective as of February 1st, 2017, THE BOARD OF TRUSTEES OF THE LELAND STANFORD JUNIOR UNIVERSITY (“Stanford”), an institution of higher education having powers under the laws of the State of California, and EPINOMICS (“Epinomics”), a company having a primary place of business at 1165A O’Brien Dr, Menlo Park, California 94025, agree as follows:
10X GENOMICS, INC. AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENTInvestors’ Rights Agreement • August 19th, 2019 • 10x Genomics, Inc. • Laboratory analytical instruments • California
This Amended and Restated Investors’ Rights Agreement (this “Agreement”) is made and entered into as of October 18, 2018 by and among 10X Genomics, Inc., a Delaware corporation (the “Company”), Serge Saxonov, Benjamin Hindson and Kevin Ness (the “Founders”), the holders of Series A-1 Preferred Stock (the “Series A-1 Preferred”) and Series A-2 Preferred Stock (the “Series A-2 Preferred,” together with Series A-1 Preferred, the “Series A Stock”) of the Company, the holders of Series B Preferred Stock of the Company (the “Series B Stock”), the holders of Series C Preferred Stock of the Company (the “Series C Stock”), the holders of Series D Preferred Stock of the Company (the “Series D Stock”) and the purchasers of Series D-1 Preferred Stock of the Company (the “Series D-1 Stock”) listed on Schedule 1 (the “Investors”).
10X GENOMICS, INC.Employee Stock Purchase Plan Subscription Agreement • February 15th, 2024 • 10x Genomics, Inc. • Laboratory analytical instruments
Common Stock during any Offering Period (the “Offering Period Maximum”), I understand and agree that I will only be permitted to purchase a number of shares of Class A Common Stock equal to the Offering Period Maximum, and that any excess payroll deductions remaining after such purchase will be returned to me as soon as practicable following the expiration of such Offering Period.
LICENSE AGREEMENTLicense Agreement • August 19th, 2019 • 10x Genomics, Inc. • Laboratory analytical instruments • Massachusetts
This License Agreement (this “Agreement”) is entered into as of this 26th day of September, 2013 (the “Effective Date”), by and between 10X Technologies, Inc., a Delaware Corporation having a place of business at 7068 Koll Center Parkway, Suite 401, Pleasanton, CA 94566 (“Licensee”) and President and Fellows of Harvard College, an educational and charitable corporation existing under the laws and the constitution of the Commonwealth of Massachusetts, having a place of business at Holyoke Center, Suite 727, 1350 Massachusetts Avenue, Cambridge, Massachusetts 02138 (“Harvard”).
FIRST AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • August 19th, 2019 • 10x Genomics, Inc. • Laboratory analytical instruments
THIS FIRST AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Amendment”) is entered into this 26th day of June, 2019, by and between SILICON VALLEY BANK, a California corporation (“Bank”) and 10X GENOMICS, INC., a Delaware corporation (“Borrower”).
AGREEMENT FOR PURCHASE AND SALE OF PLEASANTON PLAZA, PLEASANTON, CALIFORNIA August 10, 2020 between EQUITY ONE (WEST COAST PORTFOLIO) LLC and 10x GENOMICS, INC.Agreement for Purchase and Sale • August 12th, 2020 • 10x Genomics, Inc. • Laboratory analytical instruments • California
SECOND AMENDMENTSecond Amendment • August 12th, 2020 • 10x Genomics, Inc. • Laboratory analytical instruments • California
This SECOND AMENDMENT (this “Amendment”) is dated for reference purposes only as of July 24, 2020 (the “Effective Date”) and is entered into by and between 6200 STONERIDGE MALL ROAD INVESTORS LLC, a Delaware limited liability company (“Landlord”) and 10X GENOMICS, INC., a Delaware corporation (“Tenant”).
Contract10x Genomics, Inc. • August 19th, 2019 • Laboratory analytical instruments
Certain information has been excluded from this exhibit because it (i) is not material and (ii) would be competitively harmful if publicly disclosed.
SETTLEMENT AND PATENT CROSS LICENSE AGREEMENT Page 3 1.3.4. each claim of a continuation-in-part application or patent (including any reissues, renewals, reexaminations, substitutions or extensions thereof) that is entitled to the priority date of,...Settlement and Patent Cross License Agreement • July 27th, 2021 • 10x Genomics, Inc. • Laboratory analytical instruments • California
Third AmendmentThird Amendment • June 15th, 2021 • 10x Genomics, Inc. • Laboratory analytical instruments • California
This Third Amendment (this “Amendment”) is dated as of June 10, 2021 (the “Effective Date”) and entered into by and between 6200 Stoneridge Mall Road Investors LLC, a Delaware limited liability company (“Landlord”) and 10X Genomics, Inc., a Delaware corporation (“Tenant”).
AMENDMENT TO AGREEMENT FOR PURCHASE AND SALEAgreement for Purchase and Sale • November 12th, 2020 • 10x Genomics, Inc. • Laboratory analytical instruments
THIS AMENDMENT TO AGREEMENT FOR PURCHASE AND SALE is made and entered into as of October 15, 2020, by and between EQUITY ONE (WEST COAST PORTFOLIO) LLC, a Florida limited liability company (“Seller”), and 10x GENOMICS, a Delaware corporation (“Buyer”).
TRANSITION AND SEPARATION AGREEMENTTransition and Separation Agreement • February 15th, 2024 • 10x Genomics, Inc. • Laboratory analytical instruments • California
This Transition and Separation Agreement (the “Agreement”) by and between James Wilbur (“Executive”) and 10x Genomics, Inc., a Delaware corporation (the “Company”), is made effective as of the date Executive signs this Agreement (the “Effective Date”) with reference to the following facts:
Execution Version US-DOCS\117747603 233678486 v12 AGREEMENT AND PLAN OF MERGER AND REORGANIZATION BY AND AMONG 10X GENOMICS, INC., LIBRARY ACQUISITION CORP., LIBRARY MERGER SUB, LLC, READCOOR, INC. AND SOLELY FOR PURPOSES OF SECTIONS 6.5 AND 6.6 AND...Agreement and Plan of Merger • February 26th, 2021 • 10x Genomics, Inc. • Laboratory analytical instruments • Delaware
SECOND AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • September 10th, 2019 • 10x Genomics, Inc. • Laboratory analytical instruments
THIS SECOND AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Amendment”) is entered into this 9th day of September 2019, by and between SILICON VALLEY BANK, a California corporation (“Bank”) and 10X GENOMICS, INC., a Delaware corporation (“Borrower”).
Contract10x Genomics, Inc. • July 19th, 2019 • Laboratory analytical instruments
Certain information has been excluded from this exhibit because it (i) is not material and (ii) would be competitively harmful if publicly disclosed.
