INDEMNITY AGREEMENTIndemnity Agreement • July 23rd, 2014 • Tobira Therapeutics, Inc. • Pharmaceutical preparations • California
THIS INDEMNITY AGREEMENT (this “Agreement”) dated as of , 2014, is made by and between Tobira Therapeutics, Inc., a Delaware corporation (the “Company”), and (“Indemnitee”).
of firm shares] Shares TOBIRA THERAPEUTICS, INC. Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • July 23rd, 2014 • Tobira Therapeutics, Inc. • Pharmaceutical preparations • New York
Tobira Therapeutics, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell an aggregate of [# of firm shares] shares (the “Firm Shares”) of the Company’s common stock, $0.0001 par value per share (the “Common Stock”), to the several underwriters named in Schedule I (collectively, the “Underwriters”), for whom BMO Capital Markets Corp. (“BMOCM”) and JMP Securities LLC are acting as representatives (the “Representatives”). The Company has also agreed to grant to the Underwriters an option (the “Option”) to purchase up to an additional [# of shoe shares] shares of Common Stock (the “Option Shares”) on the terms and for the purpose set forth in Section 1(b). The Firm Shares and any Option Shares purchased pursuant to this Agreement are hereinafter collectively referred to as the “Shares.”
