13D Filing: James Flynn’s Deerfield Management Takes 9.99% Stake in Newly-Public AveXis, Inc. (AVXS)

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Page 10 of 17 SEC Filing

CUSIP No.
05366U100
Page 12 of 20 Pages
Pursuant to the terms of the Company’s Amended and Restated Investors’ Rights Agreement, dated as of August 11, 2014 between the Company and certain holders of Common Stock and the Preferred Stock (as amended and restated by the Second Amended and Restated Investors’ Rights Agreement, dated as of April 22, 2015, and further amended and restated by the Third Amended and Restated Investor Rights Agreement, dated as of September 3, 2015 and as modified by the Amendment, Waiver and Joinder to the Third Amended and Restated Investor Rights Agreement, dated October 13, 2015) (the “Investors’ Rights Agreement”), Jonathan Leff, a partner of Deerfield Management, was designated by Deerfield Private Design Fund III to serve on the Company’s board of directors. Although Deerfield Private Design Fund III’s right to designate directors to the board of directors of the Company terminated upon consummation of the Company’s initial public offering, Mr. Leff continues to serve on the Company’s board of directors.

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