5,300,000 SHARES FLUIDIGM CORPORATION COMMON STOCK, PAR VALUE $0.001 PER SHARE UNDERWRITING AGREEMENTUnderwriting Agreement • September 15th, 2008 • Fluidigm Corp • Laboratory analytical instruments • New York
Loan and Security AgreementsLoan and Security Agreement • September 15th, 2008 • Fluidigm Corp • Laboratory analytical instruments • California
This Loan and Security Agreement No. 4561 (this “Agreement”) is entered into as of March 29, 2005, by and between Lighthouse Capital Partners V, L.P. (“Lender”) and Fluidigm Corporation, a California corporation (“Borrower” or sometimes referred to herein as “Debtor”) and sets forth the terms and conditions upon which Lender will lend and Borrower will repay money. In consideration of the mutual covenants herein contained, the parties agree as follows:
Distribution AgreementConfidential Disclosure Agreement • September 15th, 2008 • Fluidigm Corp • Laboratory analytical instruments • New York
This Agreement, effective as of April 1, 2005 (“Effective Date”), is made by and between Fluidigm Corporation, a corporation of the State of California, having an office at 7100 Shoreline Court, South San Francisco CA 94080, United States of America (“FC”), and Eppendorf AG, a German corporation, having its headquarter at Barkhausenweg 1, D-22339 Hamburg, Germany (“EAG”), each hereinafter referred to as the “Party” or collectively called the “Parties”.
ContractFluidigm Corp • September 15th, 2008 • Laboratory analytical instruments
[***] Indicates text has been omitted from this Exhibit pursuant to a confidential treatment request and has been filed separately with the Securities and Exchange Commission.
PATENT LICENSE AGREEMENT 3950.LICI.001 Gyros ABPatent License Agreement • September 15th, 2008 • Fluidigm Corp • Laboratory analytical instruments • New York
This Agreement, effective as of January 9, 2003, is made by and between GYROS AB having its principal office at Uppsala Science Park, SE-751 83 Uppsala, Sweden, a corporation organized and existing under the laws of Sweden (hereinafter referred to as “Licensor”), and FLUIDIGM Corporation having its principal office at 7100 Shoreline Court, South San Francisco, CA 94080, a corporation organized and existing under the laws of the state of California, U.S.A (hereinafter referred to as the “Licensee”).
MASTER CLOSING AGREEMENT By and Among FLUIDIGM CORPORATION, a California corporation, OCULUS PHARMACEUTICALS, INC., a Delaware corporation, and THE UAB RESEARCH FOUNDATION dated March 7, 2003Master Closing Agreement • September 15th, 2008 • Fluidigm Corp • Laboratory analytical instruments • Alabama
THIS MASTER CLOSING AGREEMENT is entered into as of March 7, 2003 by and among FLUIDIGM CORPORATION, a California corporation (“Fluidigm”), OCULUS PHARMACEUTICALS, INC., a Delaware corporation (“Oculus”), and THE UAB RESEARCH FOUNDATION (“UABRF”).
FLUIDIGM CORPORATION SERIES E PREFERRED STOCK PURCHASE AGREEMENT First Closing: June 13, 2006 Second Closing: December 22, 2006 Third Closing: March 30, 2007 Fourth Extended Closing: October 10, 2007 Fifth Extended Closing: October 26, 2007 Sixth...Preferred Stock Purchase Agreement • September 15th, 2008 • Fluidigm Corp • Laboratory analytical instruments • California
THIS SERIES E PREFERRED STOCK PURCHASE AGREEMENT is made as of June 13, 2006, by and among Fluidigm Corporation, a California corporation (the “Company”), and the purchasers listed on the Schedule of Purchasers attached hereto as EXHIBIT A (the “Schedule of Purchasers”). The persons or entities listed thereon are hereinafter referred to collectively as the “Purchasers” and individually as a “Purchaser.”
SUBLEASEAgreement of Lease • September 15th, 2008 • Fluidigm Corp • Laboratory analytical instruments • California
This SUBLEASE is made as of March 25, 2004, by and between Genome Therapeutics Corporation, a Massachusetts corporation having a place of business at 100 Beaver Street, Waltham, Massachusetts 02453 (“Sublessor”) and Fluidigm Corporation, a California corporation having an address at 7100 Shoreline Court, San Francisco, California 94080 (“Sublessee”).
ContractFluidigm Corp • September 15th, 2008 • Laboratory analytical instruments • California
THIS NOTE AND THE SECURITIES REPRESENTED HEREBY HAVE BEEN ACQUIRED FOR INVESTMENT AND HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”). SUCH SECURITIES MAY NOT BE SOLD, TRANSFERRED OR PLEDGED IN THE ABSENCE OF SUCH REGISTRATION OR UNLESS THE COMPANY RECEIVES AN OPINION OF COUNSEL (WHICH MAY BE COUNSEL FOR THE COMPANY), OR OTHER EVIDENCE, REASONABLY ACCEPTABLE TO IT STATING THAT SUCH SALE OR TRANSFER IS EXEMPT FROM THE REGISTRATION AND PROSPECTUS DELIVERY REQUIREMENTS OF THE SECURITIES ACT. THIS NOTE MAY ONLY BE TRANSFERRED UPON THE TERMS AND CONDITIONS CONTAINED IN THE NOTE AND IN AN AGREEMENT BETWEEN HOLDER AND THE COMPANY
