Entry into a Material Definitive Agreement.

On October 6, 2021, XOMA (US) LLC ("XOMA"), a wholly-owned subsidiary of XOMA Corporation (the "Company"), reported that entered into a commercial payment purchase agreement (the "Agreement") with Affitech Research AS, a Norwegian biotech company ("Affitech") (Filing, 8-K, Xoma, OCT 6, 2021, View Source [SID1234591012]). Pursuant to the Agreement, XOMA has purchased a future stream of commercial payment rights to Roche’s faricimab from Affitech for $6 million. XOMA is eligible to receive an economic interest of 0.50% of net sales of faricimab for a ten-year period following first commercial sales in each applicable jurisdiction. XOMA may pay up to an additional $20 million to Affitech based upon the achievement of certain regulatory and sales milestones.

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The Agreement contains certain covenants, representations and warranties regarding Affitech’s rights and obligations with respect to the existing licenses and customary covenants and representations for a transaction of this nature.