CREDIT SUISSE SECURITIES (USA) LLC DEUTSCHE BANK SECURITIES INC.Underwriting Agreement • June 2nd, 2017 • Athenex, Inc. • Pharmaceutical preparations • New York
Athenex, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several underwriters listed in Schedule 1 hereto (the “Underwriters”), for whom you are acting as representatives (the “Representatives”), an aggregate of [●] shares of common stock, par value $0.001 per share (“Common Stock”), of the Company (the “Underwritten Shares”) and, at the option of the Underwriters, up to an additional [●] shares of 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 Common Stock of the Company to be outstanding after giving effect to the sale of the Shares are referred to herein as the “Stock”.
BINDING TERM SHEET FOR LICENSE dated May 5, 2017 by and between ATHENEX PHARMACEUTICAL DIVISION, LLC (“Athenex”) and GLAND PHARMA LIMITED (“Gland”) DefinitionsAthenex, Inc. • June 2nd, 2017 • Pharmaceutical preparations • Illinois
Product License: Gland is the manufacturer of the Products identified on Schedule A (Products). Gland licenses Athenex to distribute the Product in North America (Territory).
