Common use of 409A Provision Clause in Contracts

409A Provision. For purposes of this letter agreement the term “termination of employment” and similar terms relating to your termination of employment mean a “separation from service” as that term is defined under Section 409A of the Internal Revenue Code of 1986, as amended, and the final regulations issued thereunder (“Section 409A”). The Company and you intend that this letter agreement comply in form and operation with the requirements of Section 409A. To the extent permitted by applicable Department of Treasury/Internal Revenue Service guidance, or law or regulation, the Company and you will take reasonable actions to reform this letter agreement or any actions taken pursuant to their operation of this letter agreement in order to comply with Section 409A. 2421587v6 ACTIVE.125457275.14 If this letter agreement correctly expresses our mutual understanding, please sign and date a copy of this letter agreement and return it to us. Very truly yours, Tyme Technologies, Inc. By: /s/ ▇▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇ Title: Chief Legal Officer The terms of this letter agreement are accepted and agreed to on November 24, 2020 by: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ 2421587v6 ACTIVE.125457275.14

409A Provision. For purposes of this letter agreement the term “termination of employment” and similar terms relating to your termination of employment mean a “separation from service” as that term is defined under Section 409A of the Internal Revenue Code of 1986, as amended, and the final regulations issued thereunder (“Section 409A”). The Company and you intend that this letter agreement comply in form and operation with the requirements of Section 409A. To the extent permitted by applicable Department of Treasury/Internal Revenue Service guidance, or law or regulation, the Company and you will take reasonable actions to reform this letter agreement or any actions taken pursuant to their operation of this letter agreement in order to comply with Section 409A. 2421587v6 ACTIVE.125457275.14 If this letter agreement correctly expresses our mutual understanding, please sign and date a copy of this letter agreement and return it to us. Very truly yours, Tyme Technologies, Inc. By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: Chief Legal Operating Officer The terms of this letter agreement are accepted and agreed to on November 24March 5, 2020 2015 by: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ 2421587v6 ACTIVE.125457275.14▇

409A Provision. For purposes of this letter agreement the term “termination of employment” and similar terms relating to your termination of employment mean a “separation from service” as that term is defined under Section 409A of the Internal Revenue Code of 1986, as amended, and the final regulations issued thereunder (“Section 409A”). The Company and you intend that this letter agreement comply in form and operation with the requirements of Section 409A. To the extent permitted by applicable Department of Treasury/Internal Revenue Service guidance, or law or regulation, the Company and you will take reasonable actions to reform this letter agreement or any actions taken pursuant to their operation of this letter agreement in order to comply with Section 409A. 2421587v6 ACTIVE.125457275.14 If this letter agreement correctly expresses our mutual understanding, please sign and date a copy of this letter agreement and return it to us. Very truly yours, Tyme Technologies, Inc. By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇ Title: Chief Legal Officer The terms of this letter agreement are accepted and agreed to on November 24, 2020 by: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ 2421587v6 ACTIVE.125457275.14Title: Chief Executive Officer The terms of this letter agreement are accepted and agreed to on March 5, 2015 by: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ This Release is delivered by ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ on this __ day of _________, 20__.