DAY ONE BIOPHARMACEUTICALS, INC. EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • June 1st, 2022 • Day One Biopharmaceuticals, Inc. • Pharmaceutical preparations • New York
As further set forth in this agreement (this “Agreement”), Day One Biopharmaceuticals, Inc., Delaware corporation (the “Company”), proposes to issue and sell from time to time through Piper Sandler & Co. and JonesTrading Institutional Services LLC (together, the “Agents” and each individually, an “Agent”), as sales agents, the Company’s common stock, par value $0.0001 per share (the “Common Stock”) (such shares of Common Stock to be sold pursuant to this Agreement, the “Shares”) on terms set forth herein. Notwithstanding anything to the contrary contained herein, the parties hereto agree that compliance with the limitation set forth in Section 2 of this Agreement on the number of shares of Shares issued and sold under this Agreement shall be the sole responsibility of the Company, and the Agents shall have no obligation in connection with such compliance.
