ContractWarrant Agreement • August 9th, 2013 • Anacor Pharmaceuticals, Inc. • Pharmaceutical preparations • California
THIS WARRANT, AND THE SECURITIES ISSUABLE UPON THE EXERCISE OF THIS WARRANT, HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), 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 ACT, OR ANY APPLICABLE STATE SECURITIES LAWS.
ContractAnacor Pharmaceuticals, Inc. • August 9th, 2013 • Pharmaceutical preparations • California
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 REGISTRATION REQUIREMENTS OF SUCH ACT AND APPLICABLE LAWS OR SOME OTHER EXEMPTION FROM THE REGISTRATION REQUIREMENTS OF SUCH ACT AND APPLICABLE LAWS IS AVAILABLE WITH RESPECT THERETO.
FIRST AMENDMENT TO LEASELease • August 9th, 2013 • Anacor Pharmaceuticals, Inc. • Pharmaceutical preparations
THIS FIRST AMENDMENT TO LEASE (the “Amendment”) is made and entered into as of the date below written by and between CALIFORNIA PACIFIC COMMERCIAL CORPORATION, a California corporation (“Landlord”) and ANACOR PHARMACEUTICALS, INC., a Delaware corporation (“Tenant”).
RESEARCH AGREEMENTResearch Agreement • August 9th, 2013 • Anacor Pharmaceuticals, Inc. • Pharmaceutical preparations • New York
THIS RESEARCH AGREEMENT together with its exhibits and appendices (this “Agreement”) is made as of April 5, 2013 (the “Effective Date”), by and between ANACOR PHARMACEUTICALS, INC., a Delaware corporation (“Anacor”), and the BILL & MELINDA GATES FOUNDATION, a Washington charitable trust that is a tax-exempt private foundation (the “Foundation”). Anacor and the Foundation are referred to herein each individually as a “Party” and collectively as the “Parties”.
AMENDMENT NO. 1 TO COLLABORATIVE RESEARCH, LICENSE & COMMERCIALIZATION AGREEMENTCommercialization Agreement • August 9th, 2013 • Anacor Pharmaceuticals, Inc. • Pharmaceutical preparations
This AMENDMENT No. 1 (the “First Amendment”) to the COLLABORATIVE RESEARCH, LICENSE & COMMERCIALIZATION AGREEMENT is made on the 25th day of October, 2012 (the “Amendment Effective Date”) by and between:
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • August 9th, 2013 • Anacor Pharmaceuticals, Inc. • Pharmaceutical preparations
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of June 7, 2013 (the “Effective Date”) among HERCULES TECHNOLOGY GROWTH CAPITAL, INC., a Maryland corporation with an office located at 400 Hamilton Avenue, Palo Alto, California (“HTGC”), as collateral agent (in such capacity, the “Collateral Agent”), the Lenders listed on Schedule 1.1 hereof or otherwise a party hereto from time to time including HTGC in its capacity as a Lender and HERCULES TECHNOLOGY III, L.P., a Delaware limited partnership (“HTIII”; each a “Lender” and collectively, the “Lenders”), and ANACOR PHARMACEUTICALS, INC., a Delaware corporation with offices located at 1020 East Meadow Circle, Palo Alto, California 94303-4230, and each of its domestic Subsidiaries who is added pursuant to a Joinder Agreement (collectively, “Borrower”), provides the terms on which the Lenders shall lend to Borrower and Borrower shall repay the Lenders. The parties agree as follows:
