September 13, 1996 George Scangos, Ph.D. 1015 Whitwell Road Hillsborough, CA 94010 Dear Dr. Scangos: This letter is to confirm our understanding with respect to your employment by Exelixis Pharmaceuticals, Inc. (the "Company") (the terms and...Exelixis Inc • February 7th, 2000 • California
RECITALSStock Purchase Agreement • August 27th, 2001 • Exelixis Inc • Services-commercial physical & biological research • Delaware
EXHIBIT 4.5 THIS WARRANT HAS NOT BEEN REGISTERED UNDER THE SECURIITIES ACT OF 1933, AS AMENDED, OR ANY STATE SECURITIES LAWS. NO SALE OR DISPOSITION MAY BE EFFECTED WITHOUT (i) EFFECTIVE REGISTRATION STATEMENTS RELATED THERETO, (ii) AN OPINION OF...Exelixis Inc • February 7th, 2000 • Delaware
EXHIBIT 1.1 Exelixis, Inc. Common Stock Underwriting Agreement ----------------------Underwriting Agreement • February 18th, 2000 • Exelixis Inc • Services-commercial physical & biological research • New York
EXHIBIT 10.16 ASSET PURCHASE AGREEMENTAsset Purchase Agreement • February 7th, 2000 • Exelixis Inc • California
RECITALS A. Pursuant to the terms of the Convertible Note (the "Note"), dated as of even date herewith between the Company and the Holder, the Holder has loaned to the Company the principal sum of Thirty Million Dollars ($30,000,000) (the "Principal...Note Purchase Agreement • August 14th, 2001 • Exelixis Inc • Services-commercial physical & biological research • California
OFExelixis Inc • October 11th, 2000 • Services-commercial physical & biological research • Massachusetts
EXHIBIT 10.33 SUBLEASE AGREEMENT ------------------ Toshiba America Medical Systems, Inc. ("TAMS"), located at 280 Utah Ave, South San Francisco, CA, and Exelixis, Inc. ("TENANT"), located at 170 Harbor Way, South San Francisco, CA hereby agree (the...Sublease Agreement • August 6th, 2002 • Exelixis Inc • Services-commercial physical & biological research
EXELIXIS, INC., as Issuer AND WELLS FARGO BANK, NATIONAL ASSOCIATION, as Trustee INDENTURE Dated as of August 14, 2012 Debt SecuritiesIndenture • August 14th, 2012 • Exelixis Inc • Services-commercial physical & biological research • New York
INDENTURE, dated as of August 14, 2012, among Exelixis, Inc., a Delaware corporation (the “Company”), and Wells Fargo Bank, National Association, a national banking association, as trustee (the “Trustee”):
Exhibit 4.6 THIS WARRANT HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE "1933 ACT"), OR ANY APPLICABLE STATE SECURITIES LAWS, AND MAY NOT BE SOLD OR TRANSFERRED UNLESS SUCH SALE OR TRANSFER IS IN ACCORDANCE WITH THE...Exelixis Inc • October 11th, 2000 • Services-commercial physical & biological research • California
EXELIXIS, INC. AND , AS WARRANT AGENT PREFERRED STOCK WARRANT AGREEMENT DATED AS OFWarrant Agreement • June 8th, 2012 • Exelixis Inc • Services-commercial physical & biological research • New York
THIS PREFERRED STOCK WARRANT AGREEMENT (this “Agreement”), dated as of [•], between EXELIXIS, 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”).
Exhibit 4.5 THIS WARRANT HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE "1933 ACT"), OR ANY APPLICABLE STATE SECURITIES LAWS, AND MAY NOT BE SOLD OR TRANSFERRED UNLESS SUCH SALE OR TRANSFER IS IN ACCORDANCE WITH THE...Exelixis Inc • October 11th, 2000 • Services-commercial physical & biological research • California
Exelixis, Inc. Common Stock Underwriting AgreementUnderwriting Agreement • August 14th, 2012 • Exelixis Inc • Services-commercial physical & biological research • New York
Exelixis, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of 30,000,000 shares (the “Firm Shares”) and, at the election of the Underwriters, up to 4,500,000 additional shares (the “Optional Shares”) of Common Stock, par value $0.001 per share (the “Stock”) of the Company (the Firm Shares and the Optional Shares that the Underwriters elect to purchase pursuant to Section 2 hereof being collectively called the “Shares”).
EXELIXIS, INC. and , AS WARRANT AGENT FORM OF COMMON STOCK WARRANT AGREEMENT DATED AS OFCommon Stock Warrant Agreement • April 24th, 2009 • Exelixis Inc • Services-commercial physical & biological research • New York
COMMON STOCK WARRANT AGREEMENT (this “Agreement”), dated as of between Exelixis 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”).
EXELIXIS, INC. AND , AS WARRANT AGENT DEBT SECURITIES WARRANT AGREEMENT DATED AS OFWarrant Agreement • June 8th, 2012 • Exelixis Inc • Services-commercial physical & biological research • New York
THIS DEBT SECURITIES WARRANT AGREEMENT (this “Agreement”), dated as of [•], between EXELIXIS, 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”).
AGREEMENT OF MERGERAgreement of Merger • August 6th, 2002 • Exelixis Inc • Services-commercial physical & biological research
AUTOMATIC DATA PROCESSING NON-STANDARDIZED 401(K) PROFIT SHARING PLAN AND TRUSTAdoption Agreement • February 14th, 2002 • Exelixis Inc • Services-commercial physical & biological research
EXELIXIS, INC. AND , AS WARRANT AGENT FORM OF PREFERRED STOCK WARRANT AGREEMENT DATED AS OFPreferred Stock Warrant Agreement • October 27th, 2004 • Exelixis Inc • Services-commercial physical & biological research • New York
PREFERRED STOCK WARRANT AGREEMENT, dated as of between EXELIXIS, 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”).
Exelixis, Inc. Underwriting AgreementUnderwriting Agreement • August 14th, 2012 • Exelixis Inc • Services-commercial physical & biological research • New York
Exelixis, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of $250,000,000 principal amount of the 4.25% Convertible Senior Subordinated Notes due 2019 (the “Firm Securities”), convertible into shares of common stock of the Company, par value $0.001 per share (“Stock”), and, at the election of the Underwriters, up to an aggregate of $37,500,000 additional principal amount of 4.25% Convertible Senior Subordinated Notes due 2019 (the “Optional Securities”) (the Firm Securities and the Optional Securities that the Underwriters elect to purchase pursuant to Section 2 hereof being collectively called the “Securities”).
SUBLEASESublease • May 13th, 2002 • Exelixis Inc • Services-commercial physical & biological research
EXELIXIS, INC. and , AS WARRANT AGENT FORM OF DEBT SECURITIES WARRANT AGREEMENT DATED AS OFDebt Securities Warrant Agreement • April 24th, 2009 • Exelixis Inc • Services-commercial physical & biological research • New York
DEBT SECURITIES WARRANT AGREEMENT (this “Agreement”), dated as of between Exelixis, 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”).
RECITALSCooperation Agreement • February 7th, 2000 • Exelixis Inc • New York
EXHIBIT 4.3 THE SECURITIES REPRESENTED BY THIS CERTIFICATE HAVE BEEN ACQUIRED FOR INVESTMENT AND HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933 OR ANY STATE SECURITIES LAWS. THEY MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED, OR HYPOTHECATED...Exelixis Inc • February 7th, 2000 • Illinois
EXELIXIS, INC. AND , AS WARRANT AGENT FORM OF DEBT SECURITIES WARRANT AGREEMENT DATED AS OFSecurities Warrant Agreement • October 27th, 2004 • Exelixis Inc • Services-commercial physical & biological research • New York
DEBT SECURITIES WARRANT AGREEMENT, dated as of , between EXELIXIS, 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”).
Exhibit 10.22 EMPLOYMENT AGREEMENT This Employment Agreement ("Agreement") is entered into as of October 9, 2000 by and between Matt Kramer ("Employee") and Exelixis, Inc., a Delaware corporation (the "Company"). A. Employee has an existing Employment...Employment Agreement • October 11th, 2000 • Exelixis Inc • Services-commercial physical & biological research • Oregon
EXHIBIT 10.11 THIS BUILD-TO-SUIT LEASE ("Lease") is made and entered into as of May ___, 1999, by and between BRITANNIA POINTE GRAND LIMITED PARTNERSHIP, a Delaware limited partnership ("Landlord"), and EXELIXIS PHARMACEUTICALS, INC., a Delaware...Exelixis Inc • February 7th, 2000 • California
EXHIBIT 4.4 THE SECURITIES REPRESENTED BY THIS CERTIFICATE HAVE BEEN ACQUIRED FOR INVESTMENT AND HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933 OR ANY STATE SECURITIES LAWS. THEY MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED, OR HYPOTHECATED...Exelixis Inc • February 7th, 2000 • Illinois
EXHIBIT 10.34 LOAN AND SECURITY AGREEMENT Exelixis, Inc. TABLE OF CONTENTS -------------------Loan and Security Agreement • August 6th, 2002 • Exelixis Inc • Services-commercial physical & biological research
RECITALSCollaboration Agreement • September 17th, 2001 • Exelixis Inc • Services-commercial physical & biological research • California
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • January 22nd, 2014 • Exelixis, Inc. • Services-commercial physical & biological research • New York
REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of January 22, 2014, by and between EXELIXIS, INC., a Delaware corporation (the “Company”), and Deerfield Partners, L.P., Delaware limited partnership, and Deerfield International Master Fund, L.P., a limited partnership organized under the laws of the British Virgin Islands (individually, a “Lender” and together, the “Lenders”).
March 17, 2003 Mr. Robert M. Myers Exelixis, Inc. 170 Harbor Way South San Francisco, CA 94083-0511 Dear Bob: As we discussed, I have received and accepted your resignation with regret. I understand your desire to spend more time with your family at...Exelixis Inc • May 5th, 2003 • Services-commercial physical & biological research • California
Underwriting AgreementUnderwriting Agreement • June 23rd, 2003 • Exelixis Inc • Services-commercial physical & biological research • New York
Company’s Annual Report on Form 10-K for the most recent fiscal year agrees with the corresponding amounts (after restatement where applicable) in the audited consolidated financial statements for such five fiscal years which were included or incorporated by reference in the Company’s Annual Reports on Form 10-K for such fiscal years;
Exhibit 10.23 EMPLOYMENT AGREEMENT This Employment Agreement ("Agreement") is entered into as of October 9, 2000 by and between Ry Wagner ("Employee") and Exelixis, Inc., a Delaware corporation (the "Company"). A. Employee has an existing Employment...Employment Agreement • October 11th, 2000 • Exelixis Inc • Services-commercial physical & biological research • Oregon
EXELIXIS, INC. Stock Option Agreement (Incentive and Nonstatutory Stock Options)Stock Option Agreement • November 8th, 2004 • Exelixis Inc • Services-commercial physical & biological research
Pursuant to your stock option grant as evidenced by the Certificate of Stock Option Grant on the Smith Barney Stock Plan Services website (“the Grant Certificate”) and this Stock Option Agreement, Exelixis, Inc. (the “Company”) has granted you an option under its 2000 Equity Incentive Plan (the “Plan”) to purchase the number of shares of the Company’s Common Stock indicated in your Grant Certificate at the exercise price indicated in your Grant Certificate. Defined terms not explicitly defined in this Stock Option Agreement but defined in the Plan shall have the same definitions as in the Plan.
EXHIBIT 10.1 EXELIXIS, INC. INDEMNITY AGREEMENT This Agreement is made and entered into this ____ day of _________, 2000 by and between Exelixis, Inc. a Delaware corporation (the "Corporation"), and ____________ ("Agent").Indemnity Agreement • March 17th, 2000 • Exelixis Inc • Services-commercial physical & biological research • Delaware
