SALES AGREEMENTSales Agreement • January 3rd, 2022 • Kinnate Biopharma Inc. • Pharmaceutical preparations • New York
Kinnate Biopharma Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with SVB Leerink LLC (the “Agent”), as follows:
Underwriting AgreementUnderwriting Agreement • November 30th, 2020 • Kinnate Biopharma Inc. • Pharmaceutical preparations • New York
Kinnate Biopharma 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 several Underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of [●] shares (the “Firm Shares”) and, at the election of the Underwriters, up to [●] additional shares (the “Optional Shares”) of common stock, par value $0.0001 per share (“Stock”), of the Company (the Firm Shares and the Optional Shares that the Underwriters elect to purchase pursuant to Section 2 hereof being collectively called the “Shares”). In the event that the Company has a single subsidiary or does not have any subsidiaries, then all references herein to “subsidiaries” of the Company shall be deemed to refer to such single subsidiary or to the Company, respectively, mutatis mutandis.
KINNATE BIOPHARMA INC. INDEMNIFICATION AGREEMENTIndemnification Agreement • November 13th, 2020 • Kinnate Biopharma Inc. • Pharmaceutical preparations • Delaware
This Indemnification Agreement (this “Agreement”) is dated as of [insert date], and is between Kinnate Biopharma Inc., a Delaware corporation (the “Company”), and [insert name of indemnitee] (“Indemnitee”).
KINNATE BIOPHARMA INC. CHANGE IN CONTROL AND SEVERANCE AGREEMENTChange in Control and Severance Agreement • November 13th, 2020 • Kinnate Biopharma Inc. • Pharmaceutical preparations • California
This Change in Control and Severance Agreement (the “Agreement”) is made by and between Kinnate Biopharma Inc., a Delaware corporation (the “Company”), and Mark Meltz (“Executive”), effective as of the Effective Date, as defined in Section 7 below.
OFFICE LEASEOffice Lease • November 13th, 2020 • Kinnate Biopharma Inc. • Pharmaceutical preparations • California
This Office 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 REALTY INCOME PROPERTIES 14, LLC, a Delaware limited liability company (“Landlord”), and FOUNT THERAPEUTICS, LLC, a Delaware limited liability company (“Tenant”).
Re: Confirmatory Employment LetterEmployment Letter Agreement • November 13th, 2020 • Kinnate Biopharma Inc. • Pharmaceutical preparations • California
This confirmatory employment letter agreement (the “Agreement”) is entered into between you and Kinnate Biopharma Inc. (the “Company” or “we”), effective as of the effective date of the Company’s registration statement relating to the Company’s initial public offering (the “Effective Date”), to confirm the terms and conditions of your employment with the Company as of the Effective Date.
AGREEMENT AND PLAN OF MERGER DATED AS OF FEBRUARY 16, 2024 AMONG XOMA CORPORATION XRA 1 CORP. AND KINNATE BIOPHARMA INC.Agreement and Plan of Merger • February 16th, 2024 • Kinnate Biopharma Inc. • Pharmaceutical preparations • Delaware
THIS CONTINGENT VALUE RIGHTS AGREEMENT, dated as of [●], 2024 (this “Agreement”), is entered into by and between XOMA Corporation, a Delaware corporation (the “Parent”), XRA 1 Corp., a Delaware corporation and a wholly owned Subsidiary of Parent (the “Purchaser”), [●], a [●], as Rights Agent (as defined herein), and [●], solely in its capacity as the initial representative, agent and attorney in-fact of the Holders (the “Representative”).
KINNATE BIOPHARMA INC. AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT August 24, 2020Investors’ Rights Agreement • November 13th, 2020 • Kinnate Biopharma Inc. • Pharmaceutical preparations • California
This Amended and Restated Investors’ Rights Agreement (this “Agreement”) is dated as of August 24, 2020, and is between Kinnate Biopharma Inc., a Delaware corporation (the “Company”), and the persons and entities listed on Exhibit A (each, an “Investor” and collectively, the “Investors”).
KINNATE BIOPHARMA INC. CHANGE IN CONTROL AND SEVERANCE AGREEMENTControl and Severance Agreement • June 7th, 2021 • Kinnate Biopharma Inc. • Pharmaceutical preparations • California
This Change in Control and Severance Agreement (the “Agreement”) is made by and between Kinnate Biopharma Inc., a Delaware corporation (the “Company”), and Neha Krishnamohan (“Executive”), effective as of the Effective Date, as defined in Section 7 below.
ASSET PURCHASE AGREEMENT Dated February 27, 2024 by and among KINNATE BIOPHARMA INC. AND PIERRE FABRE MÉDICAMENT, SASAsset Purchase Agreement • March 1st, 2024 • Kinnate Biopharma Inc. • Pharmaceutical preparations • Delaware
THIS ASSET PURCHASE AGREEMENT (this “Agreement”), effective as of February 27, 2024 (the “Effective Date”), is made and entered into by and among Kinnate BioPharma Inc., a Delaware corporation (“Seller”) and Pierre Fabre Médicament, SAS, a corporation incorporated under the laws of France having its offices and principal place of business at Les Cauquillous, 81500 Lavaur, France (“Buyer”). Seller and Buyer may each be referred to as herein individually as a “Party” and collectively as the “Parties”.
Re: Confirmatory Employment LetterKinnate Biopharma Inc. • November 13th, 2020 • Pharmaceutical preparations • California
This confirmatory employment letter agreement (the “Agreement”) is entered into between you and Kinnate Biopharma Inc. (the “Company” or “we”), effective as of the effective date of the Company’s registration statement relating to the Company’s initial public offering (the “Effective Date”), to confirm the terms and conditions of your employment with the Company as of the Effective Date.
AMENDMENT NUMBER THREE TO OFFICE LEASEOffice Lease • November 30th, 2020 • Kinnate Biopharma Inc. • Pharmaceutical preparations
This Amendment Number Three to Office Lease (“Third Amendment”), dated November 16, 2020 for reference purposes only, is made by and between REALTY INCOME PROPERTIES 14, LLC, a Delaware limited liability company (“Landlord”) and KINNATE BIOPHARMA INC., a Delaware corporation (“Tenant”) with reference to the following recitals.
April 15, 2021Kinnate Biopharma Inc. • June 7th, 2021 • Pharmaceutical preparations • California
On behalf of Kinnate Biopharma Inc. (the “Company” or “we”), I am pleased to offer you employment on the terms and conditions set forth in this employment letter agreement (the “Agreement”), effective as of the date on which you commence employment with the Company (the “Effective Date”).
