0001193125-20-010664 Sample Contracts

Arcutis Biotherapeutics, Inc. Common Stock, Par Value $[ 🌑 ] per Share Underwriting Agreement

Underwriting Agreement • January 21st, 2020 • Arcutis Biotherapeutics, Inc. • Pharmaceutical preparations • New York

• Contract Type
  Underwriting Agreement
• Filed
  January 21st, 2020
• Company
  Arcutis Biotherapeutics, Inc.
• Industry
  Pharmaceutical preparations
• Jurisdiction
  New York

Arcutis Biotherapeutics, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated in this agreement (this “Agreement”), to issue and sell to the underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of [ 🌑 ] shares of the Company’s common stock, par value $0.0001 per share (the “Common Stock”, and such shares the “Firm Shares”) and, at the election of the Underwriters, up to [ 🌑 ] additional shares (the “Optional Shares”) of Common Stock (the Firm Shares and the Optional Shares that the Underwriters elect to purchase pursuant to Section 2 hereof being collectively called the “Shares”).

ARCUTIS BIOTHERAPEUTICS, INC. SEVERANCE & CHANGE IN CONTROL AGREEMENT

Control Agreement • January 21st, 2020 • Arcutis Biotherapeutics, Inc. • Pharmaceutical preparations • California

• Contract Type
  Control Agreement
• Filed
  January 21st, 2020
• Company
  Arcutis Biotherapeutics, Inc.
• Industry
  Pharmaceutical preparations
• Jurisdiction
  California

This Severance & Change in Control Agreement (the “Agreement”), is entered into by and between Kenneth A. Lock (the “Executive”) and Arcutis Biotherapeutics, Inc., a Delaware (the “Company”), and is effective as of the first date on which the Registration Statement on Form S-1 for the initial public offering of the Company’s Common Stock is declared effective by the United States Securities and Exchange Commission (the “IPO Date”), or, if later, the date that this Agreement is signed (the “Effective Date”).

ARCUTIS BIOTHERAPEUTICS, INC.

Arcutis Biotherapeutics, Inc. • January 21st, 2020 • Pharmaceutical preparations

• Company
  Arcutis Biotherapeutics, Inc.
• Filed
  January 21st, 2020
• Industry
  Pharmaceutical preparations

This employment letter sets forth the terms confirms your continued employment as Chief Technical Officer with Arcutis Biotherapeutics, Inc., a Delaware Corporation (the “Company” or “Arcutis”). You will continue to report to the Chief Executive Officer. This employment letter amends and restates the employment agreement entered into between you and Arcutis, dated May 3, 2018 (the “Prior Agreement”).