UNITED STATES 

SECURITIES AND EXCHANGE COMMISSION 

Washington, D.C. 20549

__________________

 

FORM 6-K

__________________

 

Report of Foreign Private Issuer

Pursuant to Rule 13a-16 or 15d-16 of 

the Securities Exchange Act of 1934

 

For the month of June, 2019

 

Commission File Number: 001-36619 

__________________________________

 

Affimed N.V. 

__________________________________

 

Im Neuenheimer Feld 582,

69120 Heidelberg,

Germany

(Address of principal executive offices) 

__________________________________


Indicate by check mark whether the registrant files or will file annual reports under cover of Form 20-F or Form 40-F.

 

Form 20-F ☒                          Form 40-F ☐

 

Indicate by check mark if the registrant is submitting the Form 6-K in paper as permitted by Regulation S-T Rule 101(b)(1): ☐

 

Indicate by check mark if the registrant is submitting the Form 6-K in paper as permitted by Regulation S-T Rule 101(b)(7): ☐

 

 
 
 

AFFIMED N.V.

 

On June 4, 2019 Affimed N.V. issued a press release announcing its 2019 annual general meeting of shareholders and made available to its shareholders certain other materials in connection with such meeting.

 

 

 

SIGNATURES

 

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized, in Heidelberg, Germany, June 4, 2019.

 

 

AFFIMED N.V.

 

  By: /s/ Adi Hoess
    Name: Adi Hoess
    Title: Chief Executive Officer
       
       
  By: /s/ Florian Fischer
    Name: Florian Fischer
    Title: Chief Financial Officer

 

 

EXHIBIT INDEX

 

Exhibit Description of Exhibit

99.1

Press Release dated June 4, 2019

   
99.2 Invitation convening the annual general meeting of shareholders
   
99.3 English language translation of notice convening the annual general meeting of shareholders
   
99.4 Agenda including explanation
   
99.5 Powers of attorney

 

 

 

Exhibit 99.1

 

 

 

FOR IMMEDIATE RELEASE

 

Affimed Announces Annual General Meeting of Shareholders

 

Heidelberg, Germany, June 04, 2019 – Affimed N.V. (Nasdaq: AFMD), a clinical stage biopharmaceutical company committed to giving patients back their innate ability to fight cancers, announced today that the Annual General Meeting of Shareholders will be held on Tuesday, June 25, 2019. The meeting will be held at NH Collection Amsterdam Grand Hotel Krasnapolsky, Dam 9, 1012 JS Amsterdam, the Netherlands. The meeting will start at 3:00 p.m. CET.

 

The notice and agenda of the general meeting are available free of charge in the Investor Relations section under “Notice to convene the Annual General Meeting of Shareholders of Affimed N.V.” of Affimed’s corporate website at https://www.affimed.com/investors/. They are also available on the SEC’s website at www.sec.gov.

 

About Affimed N.V.

 

Affimed (Nasdaq: AFMD) is a clinical stage biopharmaceutical company committed to giving patients back their innate ability to fight cancer. Affimed’s fit-for-purpose ROCK® platform allows innate cell engagers to be designed for specific patient populations. The Company is developing single and combination therapies to treat cancers. For more information, please visit www.affimed.com.

 

Affimed Investor Contact:

Gregory Gin, Head of Investor Relations

E-Mail: IR@affimed.com

 

Affimed Media Contact:

Anca Alexandru, Head of Communications, EU IR

E-Mail: media@affimed.com

 

 

1 

Exhibit 99.2

 

 

 

Invitation 

Annual General Meeting of Shareholders 

Affimed N.V

 

Heidelberg, June 4, 2019

 

Dear Shareholder,

 

On behalf of Affimed N.V. (the “Company”) it is a pleasure to invite you to attend the Annual General Meeting of Shareholders (“AGM”) on Tuesday June 25, 2019. The meeting will be held at NH Collection Amsterdam Grand Hotel Krasnapolsky, Dam 9, 1012 JS Amsterdam, the Netherlands. The meeting will start at 15:00 hrs. CET.

 

The business to be conducted at this AGM is set out in the Agenda together with the explanatory notes to the Agenda. You can find the Agenda and other related documents and further information regarding registration and voting by proxy on our website at https://www.affimed.com/investors/.They are also available for inspection at the offices of the Company.

 

Record Date

 

The record date, which is the date for the determination of the shareholders entitled to vote at the AGM, is May 28, 2019 (the "Record Date"), which is the 28th day prior to the date of the AGM. Each ordinary share entitles its holder to one vote at the AGM.

 

Meeting attendance

 

Shareholders may attend the meeting if they (i) are a shareholder of the Company on the Record Date, (ii) are registered in the shareholders register of the Company on the Record Date, and (iii) have given notice in writing to the Company of their intention to attend the meeting prior to June 21, 2019, 18:00 hrs. CET. The notice must contain the name and the number of shares the person will represent in the meeting. All attendees must be prepared to show a valid proof of identity for admittance.

 

Shareholders of Record

 

A shareholder whose ownership is registered directly in the Company's shareholder register on the Record Date (such a shareholder, a "Shareholder of Record") and who wishes to be represented by a proxy must submit a signed proxy to the Company prior to June 21, 2019, 18:00 hrs. CET, to the following contact person via fax or email. A Shareholder of Record will receive a confirmation of receipt of proxy from the Company.

 

 

 

Affimed N.V., Im Neuenheimer Feld 582, 69120 Heidelberg, Germany

Attn: Susanne Spieler

faxnumber: +49 6221 6743 649

email: s.spieler@affimed.com

 

Beneficial Owners

 

A shareholder holding its shares in an account at a bank, a financial institution, an account holder or other financial intermediary (such a shareholder, a “Beneficial Owner”) on the Record Date, must also have its financial intermediary or its agent with whom the shares are on deposit issue a proxy to it which confirms it is authorized to take part in and vote at the AGM. A Beneficial Owner must (i) notify the Company of its intention to attend by submitting its name and number of shares beneficially owned in a notice in writing to the Company prior to June 21, 2019, 18:00 hrs. CET, and (ii) bring the proxy received from its financial intermediary to the meeting.

 

How to vote

 

A Shareholder of Record as of the record date may have its ordinary shares voted by submitting a proxy or may vote in person at the AGM.

 

A Beneficial Owner can vote his, her or its shares by following the procedures specified on his, her or its broker's voting instruction form. Shortly before the AGM, the brokers will tabulate the votes they have received and submit one or more proxy cards to the Company reflecting the aggregate votes of the Beneficial Owners.

 

For further information, please contact Susanne Spieler, at Affimed N.V., Im Neuenheimer Feld 582, 69120 Heidelberg, Germany, faxnumber: +49 6221 6743 649, or via email s.spieler@affimed.com.

 

I look forward to your participation on June 25, 2019 at NH Collection Amsterdam Grand Hotel Krasnapolsky, Dam 9, 1012 JS Amsterdam, the Netherlands.

 

Yours sincerely,

 

On behalf of the Management Board,

 

A. Hoess

Chief Executive Officer

 

 

 

Exhibit 99.3

 

 

Text advertisement convocation AGM 2019

 

"Shareholders of Affimed N.V. are invited to attend the annual general meeting which will be held on June 25, 2019, 15:00 hours CET at NH Collection Amsterdam Grand Hotel Krasnapolsky, Dam 9, 1012 JS Amsterdam, the Netherlands. The record date for the meeting is May 28, 2019. The agenda with explanatory notes and the procedure for attending the meeting are available for inspection at the office of the company: Im Neuenheimer Feld 582, D-69120 Heidelberg, Germany and at https://www.affimed.com/investors/.''

 

 

 

 

Exhibit 99.4

 

 

Annual General Meeting of Shareholders

Affimed N.V.

 

to be held on Tuesday, June 25, 2019 at 15:00 hrs. (CET) at NH Collection Amsterdam Grand Hotel Krasnapolsky, Dam 9, 1012 JS Amsterdam, the Netherlands

 

 

Agenda[1]

 

1. Opening Non-Voting
2. Overview of the Company’s business, financial situation and sustainability Non-Voting
3. Discussion of the implementation of the Remuneration Policy for the Management Board (the “MB Remuneration Policy”) for the financial year 2018 Non-Voting
4. Discussion of the 2018 Statutory Annual Report and proposal to adopt the financial statements for the financial year 2018, as prepared in accordance with Dutch law Voting item
5. Discharge of the managing directors for their management during the financial year 2018 Voting item
6. Discharge of the supervisory directors for their supervision during the financial year 2018 Voting item
 7. Reappointment of Dr. Bernhard Ehmer as a supervisory director Voting item
8. Appointment of the auditor for the financial year 2019 Voting item
9. Proposals to authorize the Management Board to issue common shares and to restrict and/or exclude pre-emptive rights accruing to holders of common shares Voting items
 

a.   Authorization to the Management Board to issue common shares and/or grant rights to subscribe for common shares

 
 

b.   Authorization to the Management Board to restrict and/or exclude pre-emptive rights in connection with agenda item 9 a.

 
10. Authorization to acquire shares Voting item
11. Any other business Non-Voting
12. Closing Non-Voting

 

 

 

1 All voting items are adopted by a simple majority of the votes cast unless indicated otherwise in the explanation to an agenda item.

 

 
 

Explanatory Notes to the Agenda

 

1Opening

 

2Overview of the Company’s business, financial situation and sustainability

 

This agenda item includes an account of the Company’s business and financial situation during the financial year 2018.

 

3Discussion of the implementation of the Remuneration Policy for the Management Board (the “MB Remuneration Policy”) for the financial year 2018

 

In accordance with article 2:135 (5a) of the Dutch Civil Code, the implementation of the MB Remuneration Policy in 2018, as outlined in the Company's 2018 Statutory Annual Report, will be discussed.

 

4Discussion of the 2018 Statutory Annual Report and proposal to adopt the financial statements for the financial year 2018, as prepared in accordance with Dutch law

 

The Company has prepared its financial statements in accordance with Dutch law and International Financial Reporting Standards ("IFRS") (“Statutory Annual Accounts”).

 

For internal and external reporting purposes, the Company follows IFRS. IFRS is the Company’s primary accounting standard. The Statutory Annual Accounts are the annual accounts that are being submitted to the general meeting for adoption.

 

KPMG N.V. has audited the Statutory Annual Accounts and has issued an auditor's report thereon.

 

It is proposed to adopt the Statutory Annual Accounts for the financial year 2018.

 

The Statutory Annual Accounts as prepared in accordance with Dutch law, are published on the Company’s website and are also available at the offices of the Company.

 

5Discharge of the managing directors for their management during the financial year 2018

 

It is proposed to discharge any managing director in office during the financial year 2018 from liability in respect of the performance of their management duties during the financial year 2018.

 

 

 

 

6Discharge of the supervisory directors for their supervision during the financial year 2018

 

It is proposed to discharge any supervisory director in office during the financial year 2018 from liability in respect of the performance of their supervision duties during the financial year 2018.

 

7Reappointment of Dr. Bernhard Ehmer as a supervisory director

 

The term of Dr. Ehmer's appointment as a supervisory director will end at the end of this general meeting. The Supervisory Board has carefully considered the reappointment of Dr. Ehmer and resolved on May 31, 2019, on the recommendation of the nomination and corporate governance committee, to nominate Dr. Ehmer for reappointment as a supervisory director as per June 25, 2019 for a term ending at the annual general meeting of the Company to be held in 2022. Given Dr. Ehmer's experience and valuable contribution to the Company, the Supervisory Board is of the opinion that Affimed will continue to benefit from Dr. Ehmer's membership of the Supervisory Board. The nomination of Dr. Ehmer is made in accordance with article 7.6.2 of the Company's articles of association.

 

Dr. Ehmer was born in Kandel, Germany and has the German nationality. Since September 1, 2018 he serves as chairman of the board of directors at Symphogen A/S, Denmark. He has been chairman of the board of management of Biotest AG since January 2015. Prior to this, he worked for the Imclone Group, a wholly owned subsidiary of Eli Lilly, as president of Imclone Systems Corporation in the United States and as managing director in Germany. In 2007/2008 he was CEO of Fresenius Biotech, Germany and before this, Dr. Ehmer headed the Business Area Oncology of Merck KGaA, Darmstadt and served as head of Global Clinical Operations at Merck. Between 1986 and 1998 he held various functions at Boehringer Mannheim in Germany, Italy and Singapore. Dr. Ehmer holds a degree in medicine and worked in the Department of Internal Medicine at the Academic Teaching Hospital of the University of Heidelberg.

 

Dr. Ehmer holds 5,000 shares in the capital of the Company.

 

8Appointment of the auditor for the financial year 2019

 

It is proposed to appoint KPMG N.V. as auditor of the annual accounts of the Company for the financial year ending December 31, 2019.

 

9Proposals to authorize the Management Board to issue common shares and to restrict and/or exclude pre-emptive rights accruing to holders of common shares

 

This agenda item consists of two voting items:

 

a.Authorization to the Management Board to issue common shares and/or grant rights to subscribe for common shares (voting item)

 

 

 

 

It is proposed to renew the authorization of the Management Board, for a period of 5 years from the date of this general meeting (i.e. June 25, 2019 up to and including June 25, 2024) and subject to the approval of the Supervisory Board, to issue common shares (either in the form of stock dividends or otherwise) and/or grant rights to subscribe for common shares in the share capital of the Company, up to the maximum number of common shares that can be issued under the size of the authorized share capital of the Company as per the date of adoption of such resolution. The existing authorization, granted on September 12, 2014, with effect from September 17, 2014, will cease to apply if this authorization is approved by the general meeting.

 

b.Authorization to the Management Board to restrict and/or exclude pre-emptive rights in connection with agenda item 9a. (voting item)

 

It is proposed to renew the authorization of the Management Board, for a period of 5 years from the date of this general meeting (i.e. June 25, 2019 up to and including June 25, 2024) and subject to the approval of the Supervisory Board, to restrict or exclude pre-emptive rights accruing to shareholders in respect of an issuance of common shares or granting of rights to subscribe for common shares in relation to any issuance or granting of rights as referred to under 9a. The existing authorization, granted on September 12, 2014, with effect from September 17, 2014, will cease to apply if this authorization is approved by the general meeting.

 

Pursuant to section 3.4.2 of the Company's articles of association, the resolution under this agenda item 9b. requires a two thirds majority of the votes cast if less than half the issued share capital is represented at the meeting.

  

At the annual general meeting held on September 12, 2014, with effect from September 17, 2014, the Management Board was granted authorities similar to those referred to under 9a and 9b, for a period of five years (i.e. until September 17, 2019). It is proposed to the general meeting to renew these authorities for a period of 5 years from the date of this general meeting (i.e. June 25, 2019 up to and including June 25, 2024), being the maximum term permitted by Dutch law.

 

Pursuant to Dutch law and the Company's articles of association, the approval of the general meeting is required each time the Management Board wishes to issue ordinary shares, unless the general meeting has authorized the Management Board to issue shares. Such authorization can be for a period of up to five years, but may also be granted on a rolling, annual basis.

 

In general, this Dutch legal requirement to obtain shareholder approval for share issuances deviates from the legal practice in the state laws applicable to most companies in the United States, such as Delaware, where it is customary that boards of directors may issue shares up to the authorized share capital as set forth in the issuer’s certificate of incorporation.

 

As a Nasdaq listed company, operating largely in an environment of U.S. peers, the Management Board and Supervisory Board consider it in the best interest of the Company and its shareholders to retain the current flexibility for the Management Board, with the approval of the Supervisory Board, to raise capital through the issuance of common shares and to retain its ability to react in a timely manner when certain opportunities arise that require the issue of common shares, similar to Affimed's U.S. peers. Therefore, in order to enable the Company to execute its long-term strategy, the Management Board is seeking a renewal of the authority to issue common shares and /or grant rights to subscribe for common shares, with exclusion of pre-emptive rights

 

10Authorization to acquire shares

 

On June 19, 2018, with effect as of that date, the Management Board was authorised by the general meeting to acquire shares in the Company's own share capital for a period of eighteen months. The general meeting is requested to renew this authorization for a period of eighteen months, being the maximum term permitted by Dutch law.

 

 

 

 

The purpose of the proposal is to create flexibility to return capital to the shareholders. Furthermore, the authorization can be used to acquire common shares to cover the Company's obligations related to share-based remuneration. Repurchased common shares may also be used to cover other obligations of the Company to deliver common shares.

 

It is proposed to authorize the Management Board, subject to approval by the Supervisory Board, for a period of 18 months, with effect from June 25, 2019, to acquire common shares, on NASDAQ or otherwise, at a price between the nominal value and a price equal to 110% of the market price of the common shares on NASDAQ; the market price being the average of the closing prices on the five trading days prior to the date of the acquisition.

 

The number of common shares the Company may acquire and hold will not exceed 10% of the issued share capital as of June 25, 2019. In case of repurchase for capital reduction purposes, the number of common shares that the Company may acquire and hold will be increased by an additional 10% of such issued share capital. The higher maximum number of common shares that may be acquired and held is intended to allow the Management Board to execute such share repurchase programs in an efficient and expedited manner.

 

11Any other business

 

12Closing

 

***

 

 

 

Exhibit 99.5

 

POWER OF ATTORNEY

AGM AFFIMED N.V.

JUNE 25, 2019

(FOR LEGAL ENTITY)

 

[insert full name], a legal entity organized and existing under the laws of [insert country], with its seat in [insert name city], having its offices in [insert address] (the "Grantor") herewith grants a power of attorney to (please check the box that is applicable):

 

□       ________________________________________ (possibility to include name of authorized person)

 

□       each of Michael Wolf and Susanne Spieler, both retained by Affimed N.V. (as defined below)

 

(each a "Company Attorney"),

 

(the "Attorney"), to represent the Grantor, as shareholder of Affimed N.V., a limited liability company (naamloze vennootschap) organized and existing under the laws of the Netherlands, with its corporate seat in Amsterdam, the Netherlands, with address at Im Neuenheimer Feld 582, D-69120 Heidelberg, Germany, registered with the Trade Register of the Chamber of Commerce under file number 60673389 (the "Company") at the Annual General Meeting of Shareholders of the Company to be held at NH Collection Amsterdam Grand Hotel Krasnapolsky, Dam 9, 1012 JS Amsterdam, the Netherlands, on June 25, 2019, at 15:00 hrs. (CET) (the “General Meeting”), and (i) to exercise in the name of the Grantor at the General Meeting any and all voting rights attached to the shares in the capital of the Company which were held by the Grantor at the record date of the General Meeting (May 28, 2019) and (ii) to vote all shares held at the record date in favor of the proposals as stated in the agenda for the General Meeting unless stated otherwise below:

 

 
 
Agenda item 4Discussion of the 2018 Statutory Annual Report and proposal to adopt the financial statements for the financial year 2018, as prepared in accordance with Dutch law

 

# Shares For # Shares Against # Shares Abstain
   ☐    ☐    ☐

 

 

Agenda item 5Discharge of the managing directors for their management during the financial year 2018

 

# Shares For # Shares Against # Shares Abstain
   ☐    ☐    ☐

  

 

Agenda item 6Discharge of the supervisory directors for their supervision during the financial year 2018

 

# Shares For # Shares Against # Shares Abstain
   ☐    ☐    ☐

 

 

Agenda item 7Reappointment of Dr. Bernhard Ehmer as a supervisory director

 

# Shares For # Shares Against # Shares Abstain
   ☐    ☐    ☐

 

 

Agenda item 8Appointment of the auditor for the financial year 2019

 

# Shares For # Shares Against # Shares Abstain
   ☐    ☐    ☐

 

 

 

  

Agenda item 9Proposals to authorize the Management Board to issue common shares and to restrict and/or exclude pre-emptive rights accruing to holders of common shares

 

a.Authorization to the Management Board to issue common shares and/or grant rights to subscribe for common shares

 

# Shares For # Shares Against # Shares Abstain
   ☐    ☐    ☐

  

b.Authorization to the Management Board to restrict and/or exclude pre-emptive rights in connection with agenda item 9 a.

 

# Shares For # Shares Against # Shares Abstain
   ☐    ☐    ☐

  

 

Agenda item 10Authorization to acquire shares

 

# Shares For # Shares Against # Shares Abstain
   ☐    ☐    ☐

  

 

Each Company Attorney, if authorized pursuant to this power of attorney, may grant a power of attorney to another person employed by the Company to perform, directly or indirectly, acts in Grantor's name within the limits of this power of attorney. The other person shall (also) be an Attorney for the purposes of this power of attorney.

 

The Grantor undertakes to ratify or confirm anything which the Attorney shall do or lawfully purport to do by virtue of this instrument, and shall indemnify the Attorney and keep the Attorney indemnified against and shall reimburse the Attorney for any costs, losses, suits, claims, demands, obligations, liabilities and damages which he may suffer or incur arising out of the exercise of his powers pursuant to this instrument.

 

 

 

 

Finally, the undersigned hereby represents and warrants to have full power and authority to execute this instrument on behalf of the Grantor, and that pursuant to this instrument the Attorney can validly represent the Grantor.

 

This power of attorney shall be governed by the laws of the Netherlands.

 

- Signature page follows -

 

 

 

 

 

 

Signed in __________________________ on __________________________, 2019.

 

 

 

 

 

Please fax or email a copy to:

 

Affimed N.V.

Attn. Susanne Spieler

faxnumber: +49 6221 6743 649

email: s.spieler@affimed.com

 

 

Please mail the original power of attorney to:

 

Affimed N.V.

Attn. Susanne Spieler

Im Neuenheimer Feld 582

69120 Heidelberg, Germany

 

 

 

 

 

 

 

POWER OF ATTORNEY 

AGM AFFIMED N.V.

JUNE 25, 2019 

(FOR NATURAL PERSON)

 

[insert full name], having its address at [insert address + country] (the "Grantor") herewith grants a power of attorney to (please check the box that is applicable):

 

□       ________________________________________ (possibility to include name of an authorized person)

 

□       each of Michael Wolf and Susanne Spieler, both retained by Affimed N.V. (as defined below)

 

(each a "Company Attorney")

 

(the "Attorney"), to represent the Grantor, as shareholder of Affimed N.V., a limited liability company (naamloze vennootschap) organized and existing under the laws of the Netherlands, with its corporate seat in Amsterdam, the Netherlands, with address at Im Neuenheimer Feld 582, D-69120 Heidelberg, Germany, registered with the Trade Register of the Chamber of Commerce under file number 60673389 (the "Company") at the Annual General Meeting of Shareholders of the Company to be held at NH Collection Amsterdam Grand Hotel Krasnapolsky, Dam 9, 1012 JS Amsterdam, the Netherlands on June 25, 2019, at 15:00 hrs. (CET) (the “General Meeting”), and (i) to exercise in the name of the Grantor at the General Meeting any and all voting rights attached to the shares in the capital of the Company which were held by the Grantor at the record date of the General Meeting (May 28, 2019) and (ii) to vote all shares held at the record date in favor of the proposals as stated in the agenda for the General Meeting unless stated otherwise below:

 

 
 
Agenda item 4Discussion of the 2018 Statutory Annual Report and proposal to adopt the financial statements for the financial year 2018, as prepared in accordance with Dutch law

 

# Shares For # Shares Against # Shares Abstain
   ☐    ☐    ☐

 

 

Agenda item 5Discharge of the managing directors for their management during the financial year 2018

 

# Shares For # Shares Against # Shares Abstain
   ☐    ☐    ☐

 

 

Agenda item 6Discharge of the supervisory directors for their supervision during the financial year 2018

 

# Shares For # Shares Against # Shares Abstain
   ☐    ☐    ☐

 

 

Agenda item 7Reappointment of Dr. Bernhard Ehmer as a supervisory director

 

# Shares For # Shares Against # Shares Abstain
   ☐    ☐    ☐


 

Agenda item 8Appointment of the auditor for the financial year 2019

 

# Shares For # Shares Against # Shares Abstain
   ☐    ☐    ☐

 

 

 

  

Agenda item 9Proposals to authorize the Management Board to issue common shares and to restrict and/or exclude pre-emptive rights accruing to holders of common shares

 

a.Authorization to the Management Board to issue common shares and/or grant rights to subscribe for common shares

 

# Shares For # Shares Against # Shares Abstain
   ☐    ☐    ☐

 

 

b.Authorization to the Management Board to restrict and/or exclude pre-emptive rights in connection with agenda item 9 a.

 

# Shares For # Shares Against # Shares Abstain
   ☐    ☐    ☐

 

 

Agenda item 10Authorization to acquire shares

 

# Shares For # Shares Against # Shares Abstain
   ☐    ☐    ☐

 

 

Each Company Attorney, if authorized pursuant to this power of attorney, may grant a power of attorney to another person employed by the Company to perform, directly or indirectly, acts in Grantor's name within the limits of this power of attorney. The other person shall (also) be an Attorney for the purposes of this power of attorney.

 

The Grantor undertakes to ratify or confirm anything which the Attorney shall do or lawfully purport to do by virtue of this instrument, and shall indemnify the Attorney and keep the Attorney indemnified against and shall reimburse the Attorney for any costs,

 

 

 

 

losses, suits, claims, demands, obligations, liabilities and damages which he may suffer or incur arising out of the exercise of his powers pursuant to this instrument.

 

Finally, the undersigned hereby represents and warrants to have full power and authority to execute this instrument on behalf of the Grantor, and that pursuant to this instrument the Attorney can validly represent the Grantor.

 

This power of attorney shall be governed by the laws of the Netherlands.

 

- Signature page follows -

 

 

 

 

 

 

Signed in __________________________ on __________________, 2019

 

 

 

  

 

Please fax or email a copy to:

 

Affimed N.V.

Attn. Susanne Spieler

faxnumber: +49 6221 6743 649

email: s.spieler@affimed.com

 

 

Please mail the original power of attorney to:

 

Affimed N.V.

Attn. Susanne Spieler

Im Neuenheimer Feld 582

69120 Heidelberg, Germany