ENDOCYTE, INC. INDEMNIFICATION AGREEMENTIndemnification Agreement • August 17th, 2010 • Endocyte Inc • Delaware
THIS AGREEMENT is entered into, effective as of , 2010 by and between Endocyte, Inc., a Delaware corporation (the “Company”), and (“Indemnitee”), effective as of the date that the Registration Statement on Form S-1 related to the initial public offering of the Company’s Common Stock is declared effective by the United States Securities and Exchange Commission.
WARRANT TO PURCHASE SHARES OF SERIES C-3 PREFERRED STOCK IN THE AMOUNT OF 1.875% OF THE ACTUAL LOAN AMOUNTEndocyte Inc • August 17th, 2010 • Delaware
THIS CERTIFIES THAT, for value received, Oxford Finance Corporation (“Holder”) is entitled to subscribe for and purchase SIXTY-SIX THOUSAND, ONE HUNDRED SEVENTY-SEVEN (66,177) shares of fully paid and nonassessable Series C-3 Preferred Stock of Endocyte, Inc , a Delaware corporation (the “Company”), at the Warrant Price (as hereinafter defined), subject to the provisions and upon the terms and conditions hereinafter set forth. As used herein, the term “Preferred Stock” shall mean Company’s presently authorized Series C-3 Preferred Stock, $0.001 par value per share, and any stock into which such Preferred Stock may hereafter be converted or exchanged and the term “Warrant Shares” shall mean the shares of Preferred Stock which Holder may acquire pursuant to this Warrant and any other shares of stock into which such shares of Preferred Stock may hereafter be converted or exchanged. This Warrant is issued in connection with that certain loan transaction entered into as of an even date here
THIRD AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENTInvestors’ Rights Agreement • August 17th, 2010 • Endocyte Inc • Delaware
This Third Amended and Restated Investors’ Rights Agreement (“Rights Agreement”) is entered into as of March 9, 2007 by and between Endocyte, Inc., a Delaware corporation (the “Company”) and the individuals or entities listed on the Schedule I hereto (the “Investors”). This Agreement amends and restates the Second Amended and Restated Investors’ Rights Agreement entered into by and between the Company and certain of the Investors, dated November 23, 2004.
PURDUE TECHNOLOGY CENTER 3000 KENT AVENUE WEST LAFAYETTE, IN 47906 LEASE AGREEMENTLease Agreement • August 17th, 2010 • Endocyte Inc • Indiana
THIS LEASE AGREEMENT (the “Lease”) is made and entered into as of this 1st day of March, 2010, by and between PURDUE RESEARCH FOUNDATION (“Landlord”), an Indiana corporation (formed and existing under the Indiana Foundation or Holding Companies Act, Acts of 1921, ch. 246), and ENDOCYTE (“Tenant”), a Corporation of Delaware.
OFFICE LEASEOffice Lease • August 17th, 2010 • Endocyte Inc • Indiana
THIS LEASE is entered into and made as of the 30th day of May, 2008 by and between ZELLER MANAGEMENT CORPORATION, an Illinois corporation, as agent for Owner (“Landlord”), and ENDOCYTE, INC., a Delaware corporation (“Tenant”).
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • August 17th, 2010 • Endocyte Inc • New York
THIS LOAN AND SECURITY AGREEMENT, dated as of December 31, 2007 (as amended, restated, supplemented or otherwise modified from time to time (this “Agreement”)) is among GENERAL ELECTRIC CAPITAL CORPORATION (“GECC”), in its capacity as agent for Lenders (as defined below) (together with its successors and assigns in such capacity, “Agent”), OXFORD FINANCE CORPORATION (“Oxford”), the other financial institutions who are or hereafter become parties to this Agreement as lenders (together with GECC and Oxford, collectively the “Lenders”, and each individually, a “Lender”), ENDOCYTE, INC., a Delaware corporation (“Borrower”), and the other entities or persons, if any, who are or hereafter become parties to this Agreement as guarantors (each a “Guarantor” and collectively, the “Guarantors”, and together with Borrower, each a “Loan Party” and collectively, “Loan Parties”).
