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- S-1 IPO registration
- 3.1 Certificate of Incorporation
- 3.2 Bylaws
- 3.3 Amended and Restated Certificate of Incorporation
- 3.4 Second Amended and Restated Certificate of Incorporation
- 3.5 Third Amended and Restated Certificate of Incorporation
- 4.1 2009 Stock Option Agreement
- 4.2 First Amendment to 2009 Stock Option Agreement
- 4.3 Second Amendment to 2009 Stock Option Agreement
- 4.4 Third Amendment to 2009 Stock Incentive Plan
- 4.5 Fourth Amendment to Stock Incentive Plan
- 4.6 Warrant Issued to Square 1 Bank
- 4.7 Loan Agreement
- 4.8 Specimen Common Stock Certificate
- 4.9 Form of Stock Purchase Agreement
- 10.1 License Agreement
- 10.2 License Agreement
- 10.3 License Agreement
- 10.4 License Agreement
- 10.5 License Agreement
- 10.6 Promissory Note with NC Biotech
- 10.7 Loan Agreement
- 10.8 Common Stock Subscription Agreement
- 10.9 Employment Agreement
- 10.10 First Amendment to Employment Agreement
- 10.11 Lease with Europa Center
- 10.12 Non-exclusive Evaluation and Biological Material License
- 10.13 Manufacturing Services Agreement
- 10.14 Assignment and Assumption Agreement
- 10.15 Termination Agreement
- 10.16 Loan and Security Agreement
- 10.17 Purchase Agreement
- 10.18 Amendment to License Agreement
- 10.19 Amendment to Loan and Security Agreement
- 10.20 Second Amendment to License Agreement
- 10.21 Exclusive License Agreement
- 10.22 Lease Modification Agreement
- 10.23 Co-sale and First Refusal Agreement
- 10.24 Voting Agreement
- 10.25 Investor's Rights Agreement
- 10.26 Second Amendment to Loan and Security Agreement
- 10.27 Third Amendment to Loan and Security Agreement
- 10.28 Fourth Amendment to Loan and Security Agreement
- 10.29 Option Contract for Exclusive License
- 10.30 Fifth Amendment to Loan and Security Agreement
- 21.1 Subsidiaries of Heat Biologics, Inc.
- 23.1 Consent of Independent Registered Public Accounting Firm
EXHIBIT 4.3
SECOND AMENDMENT OF THE
HEAT BIOLOGICS, INC. 2009 STOCK INCENTIVE PLAN
This Second Amendment of the Heat Biologics, Inc. 2009 Stock Incentive Plan (the “Plan”) is effective April 7, 2011.
WHEREAS, the Board of Directors (the “Board”) of Heat Biologics, Inc., a Delaware corporation (the “Company”) has adopted and the stockholders of the Company have approved the Plan, as amended; and
WHEREAS, the Board of Directors deems it to be in the best interest of the Corporation to amend the Plan in order to increase the maximum number of shares of common stock issuable pursuant to options granted under the Plan from 500,000 shares to 1,500,000
WHEREAS, the Board has approved this amendment of the Plan in order to allow for the early exercise of stock options granted under the Plan.
NOW, THEREFORE, the Plan shall be amended as follows:
1.
The first sentence of Section 4(a) shall be deleted in its entirety and the following substituted in lieu thereof:
“Subject to adjustment under Section 8, Awards may be made under the Plan for up to 1,500,000 shares of common stock of the Company, $0.0001 par value per share (the “Common Stock”).”
2.
Except as amended herein, the terms and provision of the Plan shall remain unchanged and in full force and effect.
[Remainder of Page Intentionally Left Blank]
IN WITNESS WHEREOF, the undersigned Chief Executive Officer of the Company certifies that the foregoing Second Amendment of the Heat Biologics, Inc. 2009 Stock Incentive Plan was duly adopted by the Board of Directors of the Company.
| HEAT BIOLOGICS, INC. |
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| By: | /s/ Jeffrey Wolf |
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| Jeffrey Wolf, Chief Executive Officer |
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Heat Biologics, Inc.
Second Amendment of the Heat Biologics, Inc. 2009 Stock Incentive Plan
· Signature Page·