Underwriting AgreementTwist Bioscience Corp • February 15th, 2022 • Biological products, (no disgnostic substances) • New York
TWIST BIOSCIENCE CORPORATION COMMON STOCK SALES AGREEMENTSales Agreement • December 18th, 2019 • Twist Bioscience Corp • Biological products, (no disgnostic substances) • New York
Twist Bioscience Corporation, a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Cowen and Company, LLC (“Cowen”), as follows:
ContractTwist Bioscience Corp • October 3rd, 2018 • Biological products, (no disgnostic substances) • California
THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR THE SECURITIES LAWS OF ANY STATE AND, EXCEPT AS SET FORTH IN SECTIONS 5.3 AND 5.4 BELOW, MAY NOT BE OFFERED, SOLD, PLEDGED OR OTHERWISE TRANSFERRED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND LAWS OR IN FORM AND SUBSTANCE SATISFACTORY TO THE COMPANY, SUCH OFFER, SALE, PLEDGE OR OTHER TRANSFER IS EXEMPT FROM SUCH REGISTRATION.
LEASE AGREEMENTLease Agreement • October 3rd, 2018 • Twist Bioscience Corp • Biological products, (no disgnostic substances)
THIS LEASE AGREEMENT (this “Lease”) is made this 21st day of March, 2018, between ARE-SAN FRANCISCO NO. 32, LLC, a Delaware limited liability company (“Landlord”), and TWIST BIOSCIENCE CORPORATION, a Delaware corporation (“Tenant”).
TWIST BIOSCIENCE CORPORATION INDEMNIFICATION AGREEMENTIndemnification Agreement • October 17th, 2018 • Twist Bioscience Corp • Biological products, (no disgnostic substances) • Delaware
This Indemnification Agreement (this “Agreement”) is made as of , by and between Twist Bioscience Corporation, a Delaware corporation (the “Company”), and (“Indemnitee”).
ContractTwist Bioscience Corp • February 8th, 2018 • Biological products, (no disgnostic substances) • California
THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR THE SECURITIES LAWS OF ANY STATE AND, EXCEPT AS SET FORTH IN SECTIONS 5.3 AND 5.4 BELOW, MAY NOT BE OFFERED, SOLD, PLEDGED OR OTHERWISE TRANSFERRED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND LAWS OR IN FORM AND SUBSTANCE SATISFACTORY TO THE COMPANY, SUCH OFFER, SALE, PLEDGE OR OTHER TRANSFER IS EXEMPT FROM SUCH REGISTRATION.
Re: EMPLOYMENT AGREEMENTEmployment Agreement • February 7th, 2019 • Twist Bioscience Corp • Biological products, (no disgnostic substances) • California
On behalf of Twist Bioscience Corporation, a Delaware corporation (the “Company”), I am pleased to offer you employment with the Company on the terms and conditions set forth in this employment agreement (the “Agreement”), with your employment commencing on or about December 3, 2018 (the actual date you commence employment with the Company, the “Start Date”):
LEASE AGREEMENTLease Agreement • October 3rd, 2018 • Twist Bioscience Corp • Biological products, (no disgnostic substances)
THIS LEASE AGREEMENT (this “Lease”) is made this 26th day of July, 2013, between ARE-SAN FRANCISCO NO. 19, LLC, a Delaware limited liability company (“Landlord”), and TWIST BIOSCIENCE CORPORATION, a Delaware corporation (“Tenant”).
SUBLEASESublease • October 3rd, 2018 • Twist Bioscience Corp • Biological products, (no disgnostic substances) • California
FOURTH AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • October 3rd, 2018 • Twist Bioscience Corp • Biological products, (no disgnostic substances) • Delaware
THIS FOURTH AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of September 6, 2017 (the “Effective Date”), by and among SILICON VALLEY BANK, a California corporation (“Bank”), TWIST BIOSCIENCE CORPORATION, a Delaware corporation (“Twist Bioscience”), and GENOME COMPILER CORPORATION, a Delaware corporation (“Genome Compiler”) (but only so long as Genome Compiler remains in existence), TWIST BIO COMPUTING, LLC, a Delaware limited liability company (“Computing”), TWIST PHARMACEUTICAL SOLUTIONS, LLC, a Delaware limited liability company (“Pharmaceutical” and together with Twist Bioscience, Genome Compiler and Computing, each a “Co-Borrower” and collectively, “Co-Borrowers”), provides the terms on which Bank shall lend to Co-Borrowers and Co-Borrowers shall repay Bank and amends and restates, in its entirety, that certain Third Amended and Restated Loan and Security Agreement by and between Bank and Twist Bioscience dated as of April 5, 2016 (as amended from time
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • December 2nd, 2021 • Twist Bioscience Corp • Biological products, (no disgnostic substances) • Delaware
THIS REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of December 1, 2021, is made by and between Twist Bioscience Corporation, a Delaware corporation (“Parent”), Edgemont Capital Partners, L.P. (“Edgemont”) and each Holder set forth on the signature pages hereto (or who delivers an executed joinder to this agreement in the form of Exhibit A).
SUPPLY AGREEMENTSupply Agreement • October 3rd, 2018 • Twist Bioscience Corp • Biological products, (no disgnostic substances)
This Supply Agreement (this “Agreement”) is entered into as of March 2, 2018, but is effective as of March 1, 2018 (the “Effective Date”), by and between Twist Bioscience Corporation, a Delaware corporation with offices at 455 Mission Bay Blvd South, San Francisco, CA 94158 (“Twist”), and Ginkgo Bioworks, Inc., a Delaware corporation with offices at 27 Drydock Avenue, 8th Floor, Boston, Massachusetts 02210 (“Customer”).
FIFTH AMENDMENT TO LEASELease • October 3rd, 2018 • Twist Bioscience Corp • Biological products, (no disgnostic substances)
THIS FIFTH AMENDMENT TO LEASE AGREEMENT (this “Fifth Amendment”) is made as of April 12 2016, by and between ARE-SAN FRANCISCO NO. 19, LLC, a Delaware limited liability company (“Landlord”), and TWIST BIOSCIENCE CORPORATION, a Delaware corporation (“Tenant”).
FOURTH AMENDMENT TO LEASEFourth • October 3rd, 2018 • Twist Bioscience Corp • Biological products, (no disgnostic substances)
THIS FOURTH AMENDMENT TO LEASE AGREEMENT (this “Fourth Amendment”) is made as of January 6, 2016 by and between ARE-SAN FRANCISCO NO. 19, LLC, a Delaware limited liability company (“Landlord”), and TWIST BIOSCIENCE CORPORATION, a Delaware corporation (“Tenant”).
AMENDED AND RESTATED REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • October 17th, 2018 • Twist Bioscience Corp • Biological products, (no disgnostic substances) • Delaware
This AMENDED AND RESTATED REGISTRATION RIGHTS AGREEMENT (the “Agreement”) is dated as of March 19, 2018, by and among Twist Bioscience Corporation, a Delaware corporation (the “Company”), Emily Leproust, Bill Peck and William Banyai (the “Founders”), the holders of outstanding Preferred Stock of the Company listed on Schedule 1 hereto (the “Existing Preferred Holders”) and the purchasers of Series D Preferred Stock of the Company listed on Schedule 2 hereto (the “New Investors,” and together with the Existing Preferred holders, the “Investors”).
FIRST AMENDMENT TO LEASELease • October 3rd, 2018 • Twist Bioscience Corp • Biological products, (no disgnostic substances)
THIS FIRST AMENDMENT TO LEASE (this “First Amendment”) is made as of August 7, 2013 (“Effective Date”), by and between ARE-SAN FRANCISCO NO. 19, LLC, a Delaware limited liability company (“Landlord”), and TWIST BIOSCIENCE CORPORATION, a Delaware corporation (“Tenant”).
THIRD AMENDMENT TO LEASELease • October 3rd, 2018 • Twist Bioscience Corp • Biological products, (no disgnostic substances)
THIS THIRD AMENDMENT TO LEASE AGREEMENT (this “Third Amendment”) is made as of September 23, 2015 effective as of June 30, 2015 (“Effective Date”), by and between ARE-SAN FRANCISCO NO. 19, LLC, a Delaware limited liability company (“Landlord”), and TWIST BIOSCIENCE CORPORATION, a Delaware corporation (“Tenant”).
SECOND AMENDMENT TO LEASELease • October 3rd, 2018 • Twist Bioscience Corp • Biological products, (no disgnostic substances)
THIS SECOND AMENDMENT TO LEASE AGREEMENT (this “Second Amendment”) is made as of May 19, 2015, by and between ARE-SAN FRANCISCO NO. 19, LLC, a Delaware limited liability company (“Landlord”), and TWIST BIOSCIENCE CORPORATION, a Delaware corporation (“Tenant”).
FUJIFILM DIMATIX, INC. END USER SUPPLY AGREEMENTEnd User Supply Agreement • October 3rd, 2018 • Twist Bioscience Corp • Biological products, (no disgnostic substances) • California
THIS END USER SUPPLY AGREEMENT and attached Schedules (collectively, the “Agreement”) is made and entered into as of this 5th day of November 2015 (the “Effective Date”) by and between FUJIFILM Dimatix, Inc., a corporation organized under the laws of the State of Delaware, with a place of business at 2230 Martin Avenue, Santa Clara, CA 95050 (“FUJIFILM”), and Twist Bioscience Corporation, a corporation organized under the laws of California, with a place of business at 455 Mission Bay Blvd. South, Suite 545, San Francisco, CA 94158 USA (“Customer”) (each, a “Party” and, collectively, the “Parties”).
LEASE AGREEMENT by and between Twist Bioscience Corporation (“Tenant”) and PWII Owner, LLC (“Landlord”) ParkWorks Industry Center Wilsonville, OregonLease Agreement • December 23rd, 2020 • Twist Bioscience Corp • Biological products, (no disgnostic substances) • Oregon
THIS LEASE AGREEMENT (this “Lease” or this “Agreement”) is made and entered into as of the Effective Date identified in the Basic Lease Terms preceding this Lease by and between the Tenant and Landlord also identified in the Basic Lease Terms.
AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • May 2nd, 2024 • Twist Bioscience Corp • Biological products, (no disgnostic substances)
This Amendment (“Amendment”) to the Employment Agreement (the “Agreement”) dated as of October 21, 2018 (the “Effective Date”), as it may have been amended from time-to-time (including on September 9, 2022), by and between Twist Bioscience Corporation, a Delaware corporation, with an address at 681 Gateway Boulevard, South San Francisco, CA 94080 (“Twist”), and James Thorburn, an individual (“Employee” or “you”), is entered into and made effective as of March 20, 2024 (the “Amendment Effective Date”). Twist and you shall be hereinafter referred to individually as a “Party” or collectively as the “Parties”.
ContractTwist Bioscience Corp • February 8th, 2018 • Biological products, (no disgnostic substances) • California
THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR THE SECURITIES LAWS OF ANY STATE AND, EXCEPT AS SET FORTH IN SECTIONS 5.3 AND 5.4 BELOW, MAY NOT BE OFFERED, SOLD, PLEDGED OR OTHERWISE TRANSFERRED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND LAWS OR IN FORM AND SUBSTANCE SATISFACTORY TO THE COMPANY, SUCH OFFER, SALE, PLEDGE OR OTHER TRANSFER IS EXEMPT FROM SUCH REGISTRATION.
FIRST AMENDMENT TO LEASELease • May 2nd, 2019 • Twist Bioscience Corp • Biological products, (no disgnostic substances)
THIS FIRST AMENDMENT TO LEASE AGREEMENT (this “First Amendment”) is made as of March 21, 2019, by and between ARE-SAN FRANCISCO NO. 32, LLC, a Delaware limited liability company (“Landlord”), and TWIST BIOSCIENCE CORPORATION, a Delaware corporation (“Tenant”).
SIXTH AMENDMENT TO LEASELease • May 2nd, 2019 • Twist Bioscience Corp • Biological products, (no disgnostic substances)
THIS SIXTH AMENDMENT TO LEASE AGREEMENT (this “Sixth Amendment”) is made as of February 8, 2019, by and between ARE-SAN FRANCISCO NO. 19, LLC, a Delaware limited liability company (“Landlord”), and TWIST BIOSCIENCE CORPORATION, a Delaware corporation (“Tenant”).
TWIST BIOSCIENCE CORPORATION SENIOR BUSINESS ADVISOR AGREEMENTSenior Business Advisor Agreement • May 23rd, 2019 • Twist Bioscience Corp • Biological products, (no disgnostic substances) • California
This Senior Business Advisor Agreement (the “Agreement”) is entered into as of November 1, 2017 (the “Effective Date”), by and between Twist Bioscience Corporation, a Delaware corporation (the “Company”), and Nelson C. Chan (“Advisor”).
Re: EMPLOYMENT AGREEMENTEmployment Agreement • February 2nd, 2024 • Twist Bioscience Corp • Biological products, (no disgnostic substances) • California
On behalf of Twist Bioscience Corporation, a Delaware corporation (the “Company”), I am pleased to offer you employment with the Company on the terms and conditions set forth in this employment agreement (the “Agreement”), with your employment commencing on or about January 8, 2024 (the actual date you commence employment with the Company, the “Start Date”).
FIRST AMENDMENT TO LEASELease • April 16th, 2021 • Twist Bioscience Corp • Biological products, (no disgnostic substances)
THIS FIRST AMENDMENT TO LEASE (this “Amendment”) is made this 13th day of April, 2021 (the “Effective Date”) by and between PWII Owner, LLC, a Delaware limited liability company (“Landlord”), and Twist Bioscience Corporation, a Delaware corporation (“Tenant”).
SETTLEMENT AGREEMENTSettlement Agreement • February 10th, 2020 • Twist Bioscience Corp • Biological products, (no disgnostic substances) • California
This Settlement Agreement (“Agreement”) is made and entered into this 6th day of February 2020 (“Effective Date”) by and between Agilent Technologies, Inc., a Delaware corporation (“Agilent”); Twist Bioscience Corp., a Delaware corporation (“Twist”); Emily Leproust, an individual (“Leproust”); Siyuan Chen, an individual (“Chen”); and Solange Glaize, an individual (“Glaize”).
Re: AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • February 7th, 2023 • Twist Bioscience Corp • Biological products, (no disgnostic substances) • California
On behalf of Twist Bioscience Corporation, a Delaware corporation (the “Company”), I am pleased to continue your employment with the Company on the terms and conditions set forth in this amended and restated employment agreement (the “Agreement”), effective as of October 1, 2022 (the “Effective Date”). This Agreement amends and restates in its entirety the prior Employment Agreement dated September 9, 2022, by and between you and the Company.
