0001193125-16-625162 Sample Contracts

EIGER BIOPHARMACEUTICALS, INC., Issuer AND [TRUSTEE], Trustee FORM OF INDENTURE Dated as of [●], 20 Debt Securities
Indenture • June 17th, 2016 • Eiger BioPharmaceuticals, Inc. • Biological products, (no disgnostic substances) • New York

INDENTURE, dated as of [●], 20 , among EIGER BIOPHARMACEUTICALS, INC., a Delaware corporation (the “Company”), and [TRUSTEE], as trustee (the “Trustee”):

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Eiger BioPharmaceuticals, Inc. Shares of Common Stock (par value $0.001 per share) Controlled Equity OfferingSM Sales Agreement
Sales Agreement • June 17th, 2016 • Eiger BioPharmaceuticals, Inc. • Biological products, (no disgnostic substances) • New York

Eiger BioPharmaceuticals, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Cantor Fitzgerald & Co. (the “Agent”), as follows:

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EIGER BIOPHARMACEUTICALS, INC. AND , AS WARRANT AGENT FORM OF COMMON STOCK WARRANT AGREEMENT DATED AS OF [ ], 20
Common Stock Warrant Agreement • June 17th, 2016 • Eiger BioPharmaceuticals, Inc. • Biological products, (no disgnostic substances) • New York

COMMON STOCK WARRANT AGREEMENT (this “Agreement”), dated as of between EIGER BIOPHARMACEUTICALS, 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”).

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EIGER BIOPHARMACEUTICALS, INC. AND , AS WARRANT AGENT FORM OF DEBT SECURITIES WARRANT AGREEMENT DATED AS OF [ ], 20
Warrant Agreement • June 17th, 2016 • Eiger BioPharmaceuticals, Inc. • Biological products, (no disgnostic substances) • New York

DEBT SECURITIES WARRANT AGREEMENT (this “Agreement”), dated as of between EIGER BIOPHARMACEUTICALS, 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”).

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EIGER BIOPHARMACEUTICALS, INC. AND , AS WARRANT AGENT FORM OF PREFERRED STOCK WARRANT AGREEMENT DATED AS OF [ ], 20
Preferred Stock Warrant Agreement • June 17th, 2016 • Eiger BioPharmaceuticals, Inc. • Biological products, (no disgnostic substances) • New York

PREFERRED STOCK WARRANT AGREEMENT (this “Agreement”), dated as of between EIGER BIOPHARMACEUTICALS, 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”).

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LICENSE AGREEMENT between EIGER BIOPHARMACEUTICALS, INC. and BRISTOL-MYERS SQUIBB COMPANY
License Agreement • June 17th, 2016 • Eiger BioPharmaceuticals, Inc. • Biological products, (no disgnostic substances)

[*] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 406 of the Securities Act of 1933, as amended.

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EIGER BIOPHARMACEUTICALS, INC. COMMON STOCK PURCHASE AGREEMENT
Common Stock Purchase Agreement • June 17th, 2016 • Eiger BioPharmaceuticals, Inc. • Biological products, (no disgnostic substances) • Delaware

THIS COMMON STOCK PURCHASE AGREEMENT (the “Agreement”) is made as of April 20, 2016 (the “Execution Date”) by and between Eiger BioPharmaceuticals, Inc., a Delaware corporation (the “Company”), and Bristol-Myers Squibb Company, a Delaware corporation (the “Investor”).

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