PSivida LTD Sample Contracts

BETWEEN
License Agreement • January 18th, 2006 • pSivida LTD • Laboratory analytical instruments • New York
AGREEMENT BETWEEN
Agreement • January 20th, 2005 • pSivida LTD
INDEMNIFICATION AGREEMENT
Indemnification Agreement • March 8th, 2024 • EyePoint Pharmaceuticals, Inc. • Laboratory analytical instruments

This Indemnification Agreement (“Agreement”) is made as of - by and between EyePoint Pharmaceuticals, Inc., a Delaware corporation (the “Company”), and - (“Indemnitee”). This Agreement supersedes and replaces any and all previous agreements between the Company and Indemnitee covering the subject matter of this Agreement.

SECURITIES PURCHASE AGREEMENT
Securities Purchase Agreement • August 2nd, 2012 • pSivida Corp. • Laboratory analytical instruments • New York

This Securities Purchase Agreement (this “Agreement”) is dated as of August 1, 2012, between pSivida Corp., a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”).

WITNESSETH:
pSivida LTD • January 18th, 2006 • Laboratory analytical instruments
Exhibit 4.6 FORM OF REGISTRATION RIGHTS AGREEMENT
Registration Rights Agreement • January 18th, 2006 • pSivida LTD • Laboratory analytical instruments • New York
Controlled Equity OfferingSM Sales Agreement
EyePoint Pharmaceuticals, Inc. • August 5th, 2020 • Laboratory analytical instruments • New York

EyePoint Pharmaceuticals, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Cantor Fitzgerald & Co. (the “Agent”), as follows:

EYEPOINT PHARMACEUTICALS, INC. 11,764,706 Shares of Common Stock UNDERWRITING AGREEMENT
Underwriting Agreement • December 8th, 2023 • EyePoint Pharmaceuticals, Inc. • Laboratory analytical instruments
CONFIDENTIAL pSivida Corp.
pSivida Corp. • August 2nd, 2012 • Laboratory analytical instruments • New York
PSIVIDA CORP. 4,000,000 Shares of Common Stock UNDERWRITING AGREEMENT
Underwriting Agreement • January 8th, 2016 • pSivida Corp. • Laboratory analytical instruments • New York

pSivida Corp., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions contained herein, to sell to you and the other underwriters named on Schedule I to this Agreement (the “Underwriters”), for whom you are acting as Representative (the “Representative”), (i) 4,000,000 shares (the “ Firm Shares”) of the Company’s common stock, $0.001 par value per share (the “Common Stock”) and (ii) the grant by the Company to the Underwriters of the option described in Section 1 hereto to purchase, severally and not jointly, all or any part of 440,000 shares of Common Stock (the “Option Shares,” and together with the Firm Shares, the “Shares”) . The respective amounts of the Shares to be purchased by each of the several Underwriters are set forth opposite their names on Schedule I hereto.

INDENTURE DATED AS OF , 20 BETWEEN EYEPOINT PHARMACEUTICALS, INC. as Issuer, AND as Trustee Providing for Issuance of Debt Securities in Series
Indenture • October 20th, 2023 • EyePoint Pharmaceuticals, Inc. • Laboratory analytical instruments • New York

THIS INDENTURE, dated as of , 20 , between EYEPOINT PHARMACEUTICALS, INC., a corporation duly organized and existing under the laws of the State of Delaware (herein called the “Company”), and , as trustee (herein called the “Trustee”).

SECURITIES PURCHASE AGREEMENT
Securities Purchase Agreement • September 26th, 2006 • pSivida LTD • Laboratory analytical instruments • New York

SECURITIES PURCHASE AGREEMENT (the "Agreement"), dated as of September 18, 2006 by and among pSivida Limited, an Australian corporation, with headquarters located at Level 12, BGC Centre, 28 The Esplanade, Perth, WA 6000 Australia (the "Company"), and the investors listed on the Schedule of Buyers attached hereto (individually, a "Buyer" and collectively, the "Buyers").

Form of Registration Rights Agreement
Registration Rights Agreement • November 15th, 2005 • pSivida LTD • Laboratory analytical instruments • New York

REGISTRATION RIGHTS AGREEMENT (this "Agreement"), dated as of November 15, 2005, by and among pSivida Limited, an Australian corporation, with headquarters located at Level 12 BGC Centre, 28 The Esplanade, Perth Australia 6000 (the "Company"), and the undersigned buyers (each, a "Buyer" and collectively, the "Buyers").

AND
Collaboration Agreement • January 18th, 2006 • pSivida LTD • Laboratory analytical instruments • Georgia
SECURITIES PURCHASE AGREEMENT
Securities Purchase Agreement • March 14th, 2014 • pSivida Corp. • Laboratory analytical instruments • Massachusetts

This Securities Purchase Agreement (this “Agreement”) is dated as of March 13, 2014, between pSivida Corp., a Delaware corporation (the “Company”), and the purchaser identified on the signature page hereto (including its successors and assigns, the “Purchaser”).

PSIVIDA CORP. Common Stock (par value $0.001 per share) At Market Issuance Sales Agreement
pSivida Corp. • February 8th, 2017 • Laboratory analytical instruments • New York

pSivida Corp., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”), with FBR Capital Markets & Co. (“FBR”), as follows:

GUARANTY
pSivida LTD • September 15th, 2006 • Laboratory analytical instruments • New York

GUARANTY, dated as of September 14, 2006 made by each of the undersigned (each a "Guarantor", and collectively, the "Guarantors"), in favor of CASTLERIGG MASTER INVESTMENTS LTD., a company organized under the laws of the British Virgin Islands, in its capacity as collateral agent (in such capacity, the "Collateral Agent") for the "Buyers" (as defined below) party to the Securities Purchase Agreement, dated as of October 5, 2005 as amended by the First Amendment dated the date hereof (as further amended, restated or otherwise modified from time to time, the "Securities Purchase Agreement").

CREDIT AGREEMENT among
Credit Agreement • March 29th, 2018 • pSivida Corp. • Laboratory analytical instruments

This CREDIT AGREEMENT (as may be amended, restated, supplemented, or otherwise modified from time to time, this “Agreement”) dated as of March 28, 2018 (the “Closing Date”), among PSIVIDA CORP., a Delaware corporation (“Borrower”), the financial institutions party hereto from time to time as lenders (each a “Lender” and collectively, the “Lenders”) and SWK FUNDING LLC (in its individual capacity, “SWK”), as Agent for all Lenders.

UNDERWRITING AGREEMENT February 21, 2020
Underwriting Agreement • February 24th, 2020 • EyePoint Pharmaceuticals, Inc. • Laboratory analytical instruments • New York

EyePoint Pharmaceuticals, Inc., a corporation organized and existing under the laws of the State of Delaware (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the several underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of 15,000,000 shares of its common stock (the “Firm Shares”), par value $0.001 per share (the “Common Stock”). In addition, the Company has granted to the Underwriters an option to purchase up to an additional 2,250,000 shares of Common Stock (the “Additional Shares”) as provided in Section 2(c) below. The Firm Shares and any Additional Shares purchased by the Underwriters are referred to herein as the “Shares.” Guggenheim Securities, LLC is acting as representative (the “Representative”) of the several Underwriters in connection with the offering and sale of the Shares contemplated herein (the “Offering”). To the extent there are no additional underwriters listed on Schedule I, the term “Represen

PSIVIDA CORP. Common Stock (par value $0.001 per share) At Market Issuance Sales Agreement
pSivida Corp. • December 20th, 2013 • Laboratory analytical instruments • New York
Contract
Registration Rights Agreement • March 29th, 2018 • pSivida Corp. • Laboratory analytical instruments • New York

This REGISTRATION RIGHTS AGREEMENT (as it may be amended from time to time in accordance with the terms hereof, the “Agreement”), dated as of March 28, 2018, is made by and among pSivida Corp., a Delaware corporation (the “Company”) and EW Healthcare Partners L.P. and EW Healthcare Partners-A L.P. (together with their Permitted Transferees that become party hereto, the “Investors”).

EMPLOYMENT AGREEMENT
Employment Agreement • March 10th, 2023 • EyePoint Pharmaceuticals, Inc. • Laboratory analytical instruments • Massachusetts

This Employment Agreement (hereinafter the “Agreement”) is made as of January 3, 2023 (the “Effective Date”), by and between Michael Pine, who currently resides at xxx (“Employee”) and EyePoint Pharmaceuticals, Inc. (hereinafter together with its subsidiaries, and related or affiliated entities referred to as the “Company”), having its headquarters at 480 Pleasant Street, Suite C-400, Watertown, Massachusetts 02472 (collectively the “Parties”).

EMPLOYMENT AGREEMENT
Employment Agreement • January 10th, 2022 • EyePoint Pharmaceuticals, Inc. • Laboratory analytical instruments • Massachusetts

This Employment Agreement (hereinafter the “Agreement”) is made as of January 5, 2022, by and between Michael Pine, who currently resides at xxx (“Employee”) and EyePoint Pharmaceuticals, Inc. (hereinafter together with its subsidiaries, and related or affiliated entities referred to as the “Company”), having its headquarters at 480 Pleasant Street, Suite A210, Watertown, Massachusetts 02472 (collectively the “Parties”).

PERFORMANCE-BASED RESTRICTED STOCK UNIT AWARD AGREEMENT INDUCEMENT AWARD
Restricted Stock Unit Award Agreement • December 23rd, 2016 • pSivida Corp. • Laboratory analytical instruments • Delaware

Pursuant to this agreement, as amended and restated on December 21, 2016, (this “Agreement”), pSivida Corp., a Delaware corporation (the “Company”), hereby grants an award (the “Award”) of performance-based restricted stock units (the “Restricted Stock Units”) to the Grantee named above. The Award is granted to the Grantee in connection with her entering into Employment with the Company and is regarded by the parties as an inducement material to the Grantee’s entering into Employment within the meaning of NASDAQ Listing Rule 5635(c).

PSIVIDA LIMITED Level 12, BGC Centre WA 6000 Australia
pSivida LTD • May 23rd, 2006 • Laboratory analytical instruments • Massachusetts

On behalf of the Board of Directors of pSivida Limited, an Australian corporation, I am pleased to offer you, Lori Freedman (referred to herein as “you” or “Executive”), the following employment agreement pursuant to this letter (the “Agreement”):

10,526,500 Shares of Common Stock EYEPOINT PHARMACEUTICALS, INC. UNDERWRITING AGREEMENT March 28, 2019
Underwriting Agreement • April 1st, 2019 • EyePoint Pharmaceuticals, Inc. • Laboratory analytical instruments • New York

EyePoint Pharmaceuticals, Inc., a corporation organized and existing under the laws of the State of Delaware (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the several underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of 10,526,500 shares of its common stock (the “Firm Shares”), par value $0.001 per share (the “Common Stock”). The Company also proposes to issue and sell to the several Underwriters up to an additional 1,578,975 shares of Common Stock (the “Additional Shares”) at the option of the Underwriters as provided in Section 2(c) below. The Firm Shares and any Additional Shares purchased by the Underwriters are referred to herein as the “Shares.” Guggenheim Securities, LLC (“Guggenheim”) is acting as representative (the “Representative”) of the several Underwriters in connection with the offering and sale of the Shares contemplated herein (the “Offering”).

SUBSCRIPTION AGREEMENT
Subscription Agreement • July 2nd, 2007 • pSivida LTD • Laboratory analytical instruments • New York

Please confirm that the foregoing correctly sets forth the agreement between us by signing in the space provided below for that purpose.