LEASE BETWEEN THE IRVINE COMPANY LLC AND BIONANO GENOMICS, INC.Lease • June 28th, 2018 • BioNano Genomics, Inc • Laboratory analytical instruments • California
THIS LEASE is made as of the 16th day of January , 20 12 , by and between THE IRVINE COMPANY LLC, a Delaware limited liability company, hereafter called “Landlord,” and BIONANO GENOMICS, INC., a Delaware corporation, hereafter called “Tenant.”
EMPLOYMENT AGREEMENTEmployment Agreement • June 28th, 2018 • BioNano Genomics, Inc • Laboratory analytical instruments • California
This EMPLOYMENT AGREEMENT (the “Agreement”) is made and entered into effective as of November 7, 2017 (the “Effective Date”), by and between BIONANO GENOMICS, INC. (the “Company”) and MARK BORODKIN (“Executive”). The Company and Executive are hereinafter collectively referred to as the “Parties”, and individually referred to as a “Party”.
LICENSE AGREEMENT BETWEEN PRINCETON UNIVERSITY AND BIONANOMATRIX LLCLicense Agreement • June 28th, 2018 • BioNano Genomics, Inc • Laboratory analytical instruments • New Jersey
THIS LICENSE AGREEMENT (this “Agreement”) is made as of the 7th day of January, 2004 (the “Effective Date”) by and between the Trustees of PRINCETON UNIVERSITY, a not-for-profit corporation duly organized and existing under the laws of the State of New Jersey, U.S.A. (“Princeton”), and BIONANOMATRIX LLC, a limited liability company duly organized and existing under the laws of the State of Delaware (“BioNanomatrix”).
ContractBioNano Genomics, Inc • June 28th, 2018 • Laboratory analytical instruments • California
THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, AND MAY NOT BE SOLD, PLEDGED, OR OTHERWISE TRANSFERRED WITHOUT AN EFFECTIVE REGISTRATION THEREOF UNDER SUCH ACT OR PURSUANT TO RULE 144 OR AN OPINION OF COUNSEL REASONABLY SATISFACTORY TO THE CORPORATION AND ITS COUNSEL, THAT SUCH REGISTRATION IS NOT REQUIRED.
PATENT SUBLICENSE AGREEMENTPatent Sublicense Agreement • June 28th, 2018 • BioNano Genomics, Inc • Laboratory analytical instruments • California
This Patent License Agreement (the “Agreement”), dated December 27, 2013 (the “Effective Date”), is hereby entered into by and between Industry 3200, Inc., a Delaware Corporation with a principal office located at 1155 Camino Del Mar #118, Del Mar, CA 92014 (“Sublicensor”), and BioNano Genomics, Inc., a Delaware Corporation, having a principal place of business at 9640 Towne Centre Drive, Suite 100 (“Sublicensee)
LICENSE AGREEMENTLicense Agreement • June 28th, 2018 • BioNano Genomics, Inc • Laboratory analytical instruments • New York
NEW YORK UNIVERSITY (hereinafter “NYU”), a corporation organized and existing under the laws of the State of New York and having a place of business at 70 Washington Square South, New York, New York 10012
AGREEMENT AUGUST 2, 2016Agreement • June 28th, 2018 • BioNano Genomics, Inc • Laboratory analytical instruments • Delaware
This Agreement (the “Agreement”) is effective as of the last date of signature found below (the “Effective Date”) and is made by and between BioNano Genomics, Inc., a California corporation having a place of business at 9640 Towne Centre Drive, Ste. 100, San Diego, California 92121, (“BioNano”) and Berry Genomics Co., Ltd., a Chinese corporation having a place of business at Building 9, Courtyard 6, East Jingshun Road, Chaoyang District, Beijing 100015, People’s Republic of China (“Berry”). BioNano and Berry may also individually be referred to herein as a “Party” and collectively as the “Parties”.
MASTER SERVICES AGREEMENTMaster Services Agreement • June 28th, 2018 • BioNano Genomics, Inc • Laboratory analytical instruments • Delaware
This MASTER SERVICES AGREEMENT (the “Agreement”) is entered into effective as of March 2, 2009 (“Effective Date”) by and between SVTC TECHNOLOGIES, LLC, a Delaware limited liability company, with principal offices at 3901 North First Street, San Jose, CA 95134, USA, (“SVTC”) and BioNanomatrix, Inc., a Delaware Corporation, with principal offices located at 3701 Market St, 4th Floor, Philadelphia, Pennsylvania 19104, USA (“Customer”).
BIONANO GENOMICS, INC. WARRANT TO PURCHASE SERIES B-1 PREFERRED STOCKBioNano Genomics, Inc • June 28th, 2018 • Laboratory analytical instruments • Delaware
THIS CERTIFIES THAT, for value received, [ ] (the “Holder”), is entitled to subscribe for and purchase from BIONANO GENOMICS, INC., a Delaware corporation, with its principal office at 9640 Towne Centre Drive, Suite 100, San Diego, CA 92121 (the “Company”), an aggregate of [ ] Exercise Shares at the Exercise Price (each subject to adjustment as provided herein). This Warrant is part of a series of substantially similar warrants issued to certain persons and entities pursuant to the terms of that certain Note and Warrant Purchase Agreement dated as of even date herewith, by and among the Company and the purchasers listed therein (as such may be amended from time to time, the “Purchase Agreement”).
ContractBioNano Genomics, Inc • June 28th, 2018 • Laboratory analytical instruments • North Carolina
THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER. THE SECURITIES ACT OF 1933, AS AMENDED, AND MAY NOT BE SOLD, PLEDGED OR OTHERWISE TRANSFERRED EXCEPT IN ACCORDANCE WITH APPLICABLE LAW.
NON-EXCLUSIVE PATENT LICENSE AGREEMENTNon-Exclusive Patent License Agreement • June 28th, 2018 • BioNano Genomics, Inc • Laboratory analytical instruments
This non-exclusive patent license agreement (“Agreement”), by and between Q Biotechnology C.V. (“Licensor”), a Dutch company with a place of business at Spoorstraat 50, 5911 KJ Venlo, the Netherlands and BioNano Genomics, Inc (“Licensee”), a Delaware (USA) corporation with a place of business at 9640 Town Centre Drive, Suite 100, San Diego, CA 92121, USA is made effective as of May 1st, 2014 (“Effective Date”).
BIONANO GENOMICS, INC. NOTE PURCHASE AGREEMENTNote Purchase Agreement • June 28th, 2018 • BioNano Genomics, Inc • Laboratory analytical instruments • California
THIS NOTE PURCHASE AGREEMENT (this “Agreement”) is made and entered into as of February 9, 2018, by and among BIONANO GENOMICS, INC., a Delaware corporation (the “Company”), and the persons and entities listed on the Schedule of Investors attached hereto as EXHIBIT A (individually, an “Investor” and collectively, the “Investors”).
OPTION AND SUBLICENSE AGREEMENTOption and Sublicense Agreement • June 28th, 2018 • BioNano Genomics, Inc • Laboratory analytical instruments • California
THIS OPTION AND SUBLICENSE AGREEMENT (“Agreement”) dated as of February 2, 2016 (“Effective Date”), is entered into among Pacific Biosciences of California, Inc., a Delaware corporation having an address of 1380 Willow Rd., Menlo Park, CA 94025 (“PacBio”) and BioNano Genomics, Inc., a Delaware corporation with its principal place of business located at 9640 Towne Centre Drive, Ste. 100, San Diego, CA 92121 (“BioNano”).
July 18, 2011 Han Cao Philadelphia, PA 19104 Dear Han:Employment Agreement • June 28th, 2018 • BioNano Genomics, Inc • Laboratory analytical instruments • California
We are pleased to confirm the terms of your employment with BioNanomatrix, Inc. (the “Company”) as our Chief Scientific Officer. The following terms apply and will constitute your employment agreement with the Company (the “Agreement”).
THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • June 28th, 2018 • BioNano Genomics, Inc • Laboratory analytical instruments
Second Amendment to License AgreementLicense Agreement • June 28th, 2018 • BioNano Genomics, Inc • Laboratory analytical instruments
AMENDMENT dated as of February 25, 2010, to the License Agreement (“Agreement”) with an Effective Date of January 7th, 2004 between PRINCETON UNIVERSITY, a not-for-profit corporation duly organized and existing under the laws of the State of New Jersey and having a principal place of business at 4 New South Building, Princeton, New Jersey 08544-0036, United States of America, (“PRINCETON”) and BIONANOMATRIX, LLC., a limited liability corporation duly organized and existing under the laws of the State of Delaware (hereinafter referred to as “BioNanomatrix”).
AMENDMENT to the NON-EXCLUSIVE PATENT LICENSE AGREEMENT dated 01 May 2014 (the “Amendment”)Non-Exclusive Patent License Agreement • June 28th, 2018 • BioNano Genomics, Inc • Laboratory analytical instruments
FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • June 28th, 2018 • BioNano Genomics, Inc • Laboratory analytical instruments
This First Amendment to Loan and Security Agreement (this “Amendment”) is entered into as of December 9, 2016, by and between WESTERN ALLIANCE BANK, an Arizona corporation (“Bank”) and BIONANO GENOMICS, INC. (“Borrower”).
SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • June 28th, 2018 • BioNano Genomics, Inc • Laboratory analytical instruments
This Second Amendment to Loan and Security Agreement (this “Amendment”) is entered into as of May 2, 2017, by and between WESTERN ALLIANCE BANK, an Arizona corporation (“Bank”) and BIONANO GENOMICS, INC. (“Borrower”).
EMPLOYMENT AGREEMENTEmployment Agreement • June 28th, 2018 • BioNano Genomics, Inc • Laboratory analytical instruments • California
This EMPLOYMENT AGREEMENT (this “Agreement”) is made and entered into as of January 12, 2011 (the “Effective Date”) by and between BioNanomatrix, Inc., a Delaware corporation (the “Company”), and R. Erik Holmlin, an individual resident in the State of California (the “Employee”) (the Company and the Employee are hereinafter sometimes individually referred to as a “Party” and together referred to as the “Parties”).
FIFTH AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • June 28th, 2018 • BioNano Genomics, Inc • Laboratory analytical instruments • California
This Fifth Amendment to Loan and Security Agreement (this “Amendment”) is entered into as of June 13, 2018, by and between WESTERN ALLIANCE BANK, an Arizona corporation (“Bank”) and BIONANO GENOMICS, INC., a Delaware corporation (“Borrower”).
