AMENDMENT TO DEPOSIT AGREEMENTDeposit Agreement • July 27th, 2015 • Benitec Biopharma LTD/ADR • Pharmaceutical preparations • New York
AMENDMENT TO DEPOSIT AGREEMENT dated as of , 2015 (this “Amendment”) to the Deposit Agreement dated as of May 30, 2014 (the “Deposit Agreement”) among Benitec Biopharma Limited (ABN 64 068 943 662) (the “Company”), The Bank of New York Mellon, as depositary (the “Depositary”), and all Owners and Holders from to time of American Depositary Shares issued thereunder.
PLACEMENT AGENCY AGREEMENT September 30, 2019Placement Agency Agreement • September 30th, 2019 • Benitec Biopharma LTD/ADR • Pharmaceutical preparations • New York
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • September 30th, 2019 • Benitec Biopharma LTD/ADR • Pharmaceutical preparations • New York
This Securities Purchase Agreement (this “Agreement”), dated as of September 30, 2019, is between Benitec Biopharma Limited, of Level 14, 114 William Street, Melbourne 3000, Victoria, Australia, an Australian public company incorporated under the laws of the Commonwealth of Australia (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and, collectively, the “Purchasers”).
Benitec Biopharma Limited [•] American Depositary Shares Each Representing Twenty Ordinary Shares, no par value UNDERWRITING AGREEMENTUnderwriting Agreement • July 27th, 2015 • Benitec Biopharma LTD/ADR • Pharmaceutical preparations • New York
Benitec Biopharma Limited, ACN 068 943 662, an Australian corporation (the “Company”) that is listed on the Australian Securities Exchange (the “ASX”), proposes, subject to the terms and conditions stated herein, to issue and sell an aggregate of [•] ordinary shares of the Company, no par value (“Ordinary Shares”), to be delivered in the form of an aggregate of [•] American Depositary Shares (“ADS”), each ADS representing twenty (20) Ordinary Shares, to the several underwriters named in Schedule I (collectively, the “Underwriters”), for whom BMO Capital Markets Corp. (“BMOCM”) is acting as representative (the “Representative”). Such [•] ADSs are hereinafter called the “Firm ADSs”. The Company has also agreed to grant to the Underwriters an option (the “Option”) to purchase up to an additional [•] ADSs (the “Option ADSs” and, together with the Firm ADSs, the “Offered ADSs”) on the terms set forth in Section 1(b) hereof. The Ordinary Shares to be delivered in the form of the Firm ADSs ar
LEASE BRITANNIA POINT EDEN HCP LS REDWOOD CITY, LLC, a Delaware limited liability company as Landlord, and BENITEC BIOPHARMA PTY LDT, an Australia registered corporation, as Tenant.Lease • June 22nd, 2015 • Benitec Biopharma LTD/ADR • Pharmaceutical preparations • California
This Lease (the “Lease”), dated as of the date set forth in Section 1 of the Summary of Basic Lease Information (the “Summary”), below, is made by and between HAYWARD POINT EDEN I LIMITED PARTNERSHIP, a Delaware limited partnership (“Landlord”), and BENITEC BIOPHARMA PTY LDT, an Australia registered corporation (“Tenant”).
Benitec Biopharma Limited [●] American Depositary Shares Each Representing Twenty Ordinary Shares, no par value, together with [●]Warrants to purchase [●] an aggregate of American Depositary Shares UNDERWRITING AGREEMENTUnderwriting Agreement • August 13th, 2015 • Benitec Biopharma LTD/ADR • Pharmaceutical preparations • New York
Benitec Biopharma Limited, ACN 068 943 662, an Australian corporation (the “Company”) that is listed on the Australian Securities Exchange (the “ASX”), proposes, subject to the terms and conditions stated herein, to issue and sell an aggregate of [●] ordinary shares of the Company, no par value (“Ordinary Shares”), to be delivered in the form of an aggregate of [●] American Depositary Shares (“Firm ADSs”), each American Depositary Share (“ADS”) representing twenty (20) Ordinary Shares, together with [●] warrants to purchase [●] ADSs at an exercise price equal to $[●] per ADS (“Warrants”), to Maxim Group LLC (“Maxim” or the “Underwriter”). Each ADS shall be sold together with [●] of a Warrant to purchase one (1) additional ADS. Such [●] Warrants are hereinafter called the “Firm Warrants,” and, together with the Firm ADSs, the “Firm Securities.” The Company has also agreed to grant to the Underwriter an option (the “Option”) to purchase up to an additional [●] ADSs (the “Option ADSs”, an
BENITEC BIOPHARMA LIMITED SHARE SUBSCRIPTION AGREEMENTShare Subscription Agreement • June 1st, 2017 • Benitec Biopharma LTD/ADR • Pharmaceutical preparations • New South Wales
THIS SHARE SUBSCRIPTION AGREEMENT (the “Agreement”) is made and entered into as of October 24, 2016 by and among BENITEC BIOPHARMA LIMITED, an Australian corporation (“Company”), and Nant Capital, LLC, a Delaware limited liability company (the “Purchaser”).
ADS WARRANT AGENT AGREEMENTAds Warrant Agent Agreement • August 13th, 2015 • Benitec Biopharma LTD/ADR • Pharmaceutical preparations • New York
ADS WARRANT AGENT AGREEMENT (this “Warrant Agreement”) dated as of August [●], 2015 (the “Issuance Date”) between Benitec Biopharma Limited, ACN 068 943 662, an Australian corporation (the “Company”), and The Bank of New York Mellon (the “Warrant Agent”).
Licence Agreement Dated 23 December 2009 Commonwealth Scientific and Industrial Research Organisation Benitec Australia Limited ACN 080 299 645 Benitec Limited ACN 068 943 662Licence Agreement • June 8th, 2015 • Benitec Biopharma LTD/ADR • Pharmaceutical preparations
FIRST AMENDMENT TO LEASE (Relocation and Expansion)Lease • June 22nd, 2015 • Benitec Biopharma LTD/ADR • Pharmaceutical preparations
This FIRST AMENDMENT TO LEASE (“Amendment”) is made and entered into as of May 7, 2015, by and between HAYWARD POINT EDEN I LIMITED PARTNERSHIP, a Delaware limited partnership (“Landlord”), and BENITEC BIOPHARMA PTY LDT, an Australia registered corporation (“Tenant”).
date] PRIVATE AND CONFIDENTIAL [name] [address] Dear [name] LETTER OF APPOINTMENTBenitec Biopharma LTD/ADR • June 22nd, 2015 • Pharmaceutical preparations • New South Wales
The major conditions of your appointment are set out below. It is important that you read and understand these conditions. If you require clarification on any matter please contact me as soon as possible and I will be happy to discuss any aspect of this offer with you.
INDICATES CONFIDENTIAL MATERIAL OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT AND FILED WITH THE SECURITIES AND EXCHANGE COMMISSION SEPARATELY WITH A REQUEST FOR CONFIDENTIAL TREATMENTLicense and Collaboration Agreement • October 30th, 2018 • Benitec Biopharma LTD/ADR • Pharmaceutical preparations • New York
THIS LICENSE AND COLLABORATION AGREEMENT (this “Agreement”) is entered into as of July 9, 2018 (the “Effective Date”), by and between BENITEC BIOPHARMA LIMITED, a company organized under the laws of Australia and having an address of Suite 1201, 99 Mount Street, North Sydney, NSW Australia (“Benitec”), and AXOVANT SCIENCES GMBH, a company organized under the laws of Switzerland and having an address of Viaduktstrasse 8, 4051 Basel, Switzerland (“Axovant”). Benitec and Axovant may be referred to herein individually as a “Party” or collectively as the “Parties”.
INDICATES CONFIDENTIAL MATERIAL OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT AND FILED WITH THE SECURITIES AND EXCHANGE COMMISSION SEPARATELY WITH A REQUEST FOR CONFIDENTIAL TREATMENT. COLLABORATIVE RESEARCH AND LICENSE AGREEMENTCollaborative Research and License Agreement • July 27th, 2015 • Benitec Biopharma LTD/ADR • Pharmaceutical preparations • New York
This COLLABORATIVE RESEARCH and LICENSE AGREEMENT (this “Agreement”) is entered into as of November 11, 2014 (the “Effective Date”) between Benitec Biopharma Limited, an Australian company (“Benitec”), and 4D Molecular Therapeutics, LLC, a Delaware limited liability company (“4D Molecular” or “4D”). Each of Benitec and 4D Molecular shall be a “Party” or collectively, the “Parties.”
CONSULTANCY AGREEMENTConsultancy Agreement • October 28th, 2016 • Benitec Biopharma LTD/ADR • Pharmaceutical preparations • New South Wales
Execution version Amended and Restated Scheme Implementation Agreement Benitec Biopharma Limited ACN 068 943 662 Benitec Biopharma Inc.Benitec Biopharma LTD/ADR • March 18th, 2020 • Pharmaceutical preparations
SERIES 2 AMERICAN DEPOSITARY SHARES PURCHASE WARRANT BENITEC BIOPHARMA LIMITEDBenitec Biopharma LTD/ADR • September 30th, 2019 • Pharmaceutical preparations
THIS SERIES 2 AMERICAN DEPOSITARY SHARES PURCHASE WARRANT (the “Warrant”) certifies that, for value received, ____________ or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the date hereof (the “Initial Exercise Date”) and on or prior to _______ __, 20__1 (the “Termination Date”, but not thereafter, to subscribe for and purchase from Benitec Biopharma Limited, an Australian public company incorporated under the laws of the Commonwealth of Australia (the “Company”), up to one (1) American Depositary Share (“ADSs”), each ADS representing twenty (20) ordinary shares, no par value, of the Company (the “Ordinary Shares”) (as subject to adjustment hereunder, the “Warrant Shares”) (the ADSs issuable hereunder, the “Warrant ADSs”). The purchase price of one ADS under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).
Dated July 11th 2014 BIOMICS BIOTECH CO., LTD. and BENITEC BIOPHARMA LIMITED RESEARCH AND COLLABORATION AGREEMENT- OVERALL PROJECT FRANCIS ABOURIZK LIGHTOWLERS Commercial & Technology Lawyers Level 16 MELBOURNE VIC 3000 Tel: (03) 9642 2252 Fax: (03)...Research and Collaboration Agreement • June 22nd, 2015 • Benitec Biopharma LTD/ADR • Pharmaceutical preparations
Biomics Biotech Co., Ltd. (Chinese Registration Number 320600400015467) of 76 Changxing Rd, Economic & Technology Development Area, Nantong 226016 P.R. China (“Biomics”)
EXCLUSIVE SUBLICENSE AGREEMENTExclusive Sublicense Agreement • June 1st, 2017 • Benitec Biopharma LTD/ADR • Pharmaceutical preparations • California
This Exclusive Sublicense Agreement (this “Agreement”) is made and entered into as of the 23rd day of December, 2016 (“Effective Date”), by and between Benitec Biopharma Limited, a company organized under the laws of Australia with its principal business at 99 Mount Street, North Sydney NSW 2060, Australia (“Benitec”), and NantWorks, LLC, a Delaware limited liability company with its principal business at 9920 Jefferson Boulevard, Culver City, California 90232 (“NantWorks”).
RESEARCH COLLABORATION AGREEMENTResearch Collaboration Agreement • June 1st, 2017 • Benitec Biopharma LTD/ADR • Pharmaceutical preparations • New South Wales
This RESEARCH COLLABORATION AGREEMENT (including the exhibits hereto, this “Agreement”) is made as of January 27, 2017 (the “Effective Date”) by and between Benitec Biopharma Limited, an Australian corporation (“Benitec”), and Nant Capital, LLC, a Delaware limited liability company (“Nant”). Nant and Benitec are each referred to herein as a “Party” and, collectively, as the “Parties”. Capitalized terms used and not otherwise defined herein have the meanings set forth in the Subscription Agreement (as defined below).
THIS EARN-OUT AGREEMENT is made the 8th day of July 2015 BETWEENEarn-Out Agreement • July 27th, 2015 • Benitec Biopharma LTD/ADR • Pharmaceutical preparations
Biomics Biotech Co., Ltd. (Chinese Registration Number 320600400015467) of 76 Changxing Rd, Economic & Technology Development Area, Nantong 226016 P.R. China (“Biomics”)
COMMERCIAL LEASE AGREEMENTCommercial Lease Agreement • June 8th, 2015 • Benitec Biopharma LTD/ADR • Pharmaceutical preparations
COMMERCIAL LICENCE AGREEMENT - AMENDED AND RESTATED NewSouth Innovations Pty Limited (ABN 25 000 263 025) and Benitec Australia Limited (ABN 17 080 299 645) Rupert Myers Building | Gate 14, Barker Street | UNSW SYDNEY NSW 2052 T +61 2 9385 5008 | F...Commercial Licence Agreement • June 22nd, 2015 • Benitec Biopharma LTD/ADR • Pharmaceutical preparations • New South Wales
