FORM OF SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • April 6th, 2018 • Mannkind Corp • Pharmaceutical preparations • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of April 5, 2018, between MannKind Corporation, a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”).
RECITALSRegistration Rights Agreement • April 30th, 2004 • Mannkind Corp • California
Exhibit 10.15 SUPPLY AGREEMENT THIS AGREEMENT is made this 1st day of January, 2000 by and between DIOSYNTH B.V., having its registered office at Kloosterstraat 6, 5349 AB Oss, the Netherlands (hereinafter referred to as "Diosynth"), and...Supply Agreement • July 27th, 2004 • Mannkind Corp • Pharmaceutical preparations • England
Exhibit 10.10 MANNKIND CORPORATION CHANGE OF CONTROL AGREEMENT This Change of Control Agreement (this "Agreement"), dated and effective as of August 1, 2003, is between MannKind Corporation, a Delaware corporation (the "Company"), and Wendell Cheatham...Change of Control Agreement • April 30th, 2004 • Mannkind Corp • California
MANNKIND CORPORATION AND U.S. BANK NATIONAL ASSOCIATION, as Trustee INDENTURE Dated as of March 4, 2021 2.50% Convertible Senior Notes due 2026Indenture • March 5th, 2021 • Mannkind Corp • Pharmaceutical preparations • New York
INDENTURE dated as of March 4, 2021 between MANNKIND CORPORATION, a Delaware corporation, as issuer (the “Company,” as more fully set forth in Section 1.01) and U.S. BANK NATIONAL ASSOCIATION, a national banking association, as trustee (the “Trustee,” as more fully set forth in Section 1.01).
Controlled Equity OfferingSM Sales AgreementSales Agreement • February 27th, 2018 • Mannkind Corp • Pharmaceutical preparations • New York
MannKind Corporation, a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Cantor Fitzgerald & Co. (the “Agent”), as follows:
MANNKIND CORPORATION and , AS WARRANT AGENT FORM OF PREFERRED STOCK WARRANT AGREEMENT DATED AS OF [ ], 20Preferred Stock Warrant Agreement • March 29th, 2019 • Mannkind Corp • Pharmaceutical preparations • New York
PREFERRED STOCK WARRANT AGREEMENT (this “Agreement”), dated as of between MANNKIND CORPORATION, a Delaware corporation (the “Company”), and , a [corporation] [national banking association] organized and existing under the laws of and having a corporate trust office in , as warrant agent (the “Warrant Agent”).
MANNKIND CORPORATION and , AS WARRANT AGENT FORM OF COMMON STOCK WARRANT AGREEMENT DATED AS OF [ ], 20Common Stock Warrant Agreement • March 29th, 2019 • Mannkind Corp • Pharmaceutical preparations • New York
COMMON STOCK WARRANT AGREEMENT (this “Agreement”), dated as of between MANNKIND CORPORATION, a Delaware corporation (the “Company”), and , a [corporation] [national banking association] organized and existing under the laws of and having a corporate trust office in , as warrant agent (the “Warrant Agent”).
RECITALSIndemnification Agreement • April 30th, 2004 • Mannkind Corp • Delaware
1. TERMExecutive Severance Agreement • April 30th, 2004 • Mannkind Corp • California
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • May 10th, 2016 • Mannkind Corp • Pharmaceutical preparations • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of May 9, 2016, between MannKind Corporation, a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”).
EXHIBIT BStock Option Agreement • January 31st, 2006 • Mannkind Corp • Pharmaceutical preparations • California
MANNKIND CORPORATION and , AS WARRANT AGENT FORM OF DEBT SECURITIES WARRANT AGREEMENT DATED AS OF [ ], 20Debt Securities Warrant Agreement • March 29th, 2019 • Mannkind Corp • Pharmaceutical preparations • New York
DEBT SECURITIES WARRANT AGREEMENT (this “Agreement”), dated as of between MANNKIND CORPORATION, a Delaware corporation (the “Company”), and , a [corporation] [national banking association] organized and existing under the laws of and having a corporate trust office in , as warrant agent (the “Warrant Agent”).
COMMON STOCK PURCHASE WARRANT MANNKIND CORPORATIONCommon Stock Purchase Warrant • December 21st, 2018 • Mannkind Corp • Pharmaceutical preparations • New York
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant” and the term “Warrants” below refers to this Warrant and all other warrants to purchase Common Stock originally issued by the Company on the date hereof) certifies that, for value received, _____________ or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the date hereof (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on December [26], 2019 (the “Termination Date”) but not thereafter, to subscribe for and purchase from MannKind Corporation, a Delaware corporation (the “Company”), up to ______ shares (as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).
EXHIBIT 1.1 UNDERWRITING AGREEMENTUnderwriting Agreement • April 30th, 2004 • Mannkind Corp • New York
JOINT FILING AGREEMENT JOINT FILING AGREEMENTJoint Filing Agreement • January 31st, 2006 • Mannkind Corp • Pharmaceutical preparations
In accordance with Rule 13d-1(k)(1) under the Securities Exchange Act of 1934, as amended, the undersigned hereby agree to the joint filing with all other Reporting Persons (as such term is defined in the Schedule 13D referred to below) on behalf of each of them of a statement on Schedule 13D (including amendments thereto) with respect to the Common Stock, par value $0.01 per share, of MannKind Corporation, and that this Agreement be included as an Exhibit to such joint filing. The Agreement may be executed in any number of counterparts all of which taken together shall constitute one and the same instrument.
MANNKIND CORPORATION Underwriting AgreementUnderwriting Agreement • December 8th, 2006 • Mannkind Corp • Pharmaceutical preparations • New York
MannKind Corporation, a Delaware corporation (the “Company”), proposes to issue and sell to Merrill Lynch & Co., Merrill Lynch, Pierce, Fenner & Smith Incorporated (“Merrill Lynch”) and J.P. Morgan Securities Inc. (“JPMorgan”, together with Merrill Lynch, the “Underwriters”), $100,000,000 aggregate principal amount of its 3.75% Senior Convertible Notes due 2013 (the “Notes”), and with respect to the grant by the Company to the Underwriters, acting severally and jointly, of the option described in Section 2(a) hereof to purchase all or any part of an additional $15,00,000 aggregate principal amount of Notes to cover over-allotments, if any. The aforesaid $100,000,000 principal amount of the Notes to be purchased by the Underwriters (the “Initial Securities”) and all or any part of the $15,000,000 aggregate principal amount of Notes subject to the option described in Section 2(a) hereof (the “Option Securities”) are hereinafter called, collectively, the “Securities.” The Securities will
MANNKIND CORPORATION Common Stock (par value $0.01 per share) At-The-Market Issuance Sales AgreementAt-the-Market Issuance Sales Agreement • March 3rd, 2014 • Mannkind Corp • Pharmaceutical preparations • New York
MannKind Corporation, a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Meyers Associates, L.P. (doing business as Brinson Patrick, a division of Meyers Associates, L.P. (“BP”), as follows:
7,400,000 Shares MannKind Corporation Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • August 10th, 2009 • Mannkind Corp • Pharmaceutical preparations • New York
JEFFERIES & COMPANY, INC. as Representative of the several Underwriters named in Schedule I hereto 520 Madison Avenue New York, New York 10022
40,000,000 Shares of Common Stock ($0.01 par value per Share) and Warrants to Purchase up to 30,000,000 Shares of Common Stock MannKind Corporation UNDERWRITING AGREEMENTUnderwriting Agreement • October 19th, 2012 • Mannkind Corp • Pharmaceutical preparations
MannKind Corporation, a Delaware corporation (the “Company”), proposes, subject to the terms and conditions contained herein, to sell to you, Jefferies & Company, Inc. (“Jefferies”) and Piper Jaffray & Co. (“Piper”), acting as representatives (together, the “Representatives”) of the underwriters named on Schedule I to this Agreement (the “Underwriters”), an aggregate of (i) 40,000,000 shares (the “Shares”) of the Company’s common stock, $0.01 par value per share (the “Common Stock”), and (ii) warrants of the Company, in the form set forth in Exhibit F hereto, to purchase 30,000,000 shares of Common Stock (the “Warrants”). Each share of Common Stock is being sold together with a Warrant to purchase 0.75 of a share of Common Stock at an exercise price of $2.60 per share. The shares of Common Stock issuable upon exercise of the Warrants are called the “Warrant Shares,” and the Warrant Shares, together with the Warrants and the Shares, are called the “Securities.” The 40,000,000 Shares to
AMENDMENT NO. 7 TO CREDIT AND SECURITY AGREEMENTCredit and Security Agreement • April 26th, 2021 • Mannkind Corp • Pharmaceutical preparations • New York
This AMENDMENT NO. 7 TO CREDIT AND SECURITY AGREEMENT (this “Agreement”) is made as of this 22nd day of April, 2021, by and among MANNKIND CORPORATION, a Delaware corporation (“MannKind”), MANNKIND LLC, a Delaware limited liability company (“MannKind LLC”), QRUMPHARMA, INC., a Delaware corporation (“QP”, and, QP, together with MannKind and MannKind LLC, each a “Borrower” and collectively, the “Borrowers”), MIDCAP FINANCIAL TRUST, as Agent (in such capacity, together with its successors and assigns, “Agent”) and the financial institutions or other entities from time to time parties to the Credit Agreement referenced below, each as a Lender.
MANNKIND CORPORATION AND WELLS FARGO BANK, NATIONAL ASSOCIATION as Trustee INDENTURE Dated as of August 24, 2010 5.75% Convertible Senior Notes due 2015Indenture • August 24th, 2010 • Mannkind Corp • Pharmaceutical preparations • New York
INDENTURE dated as of August 24, 2010 between MannKind Corporation, a Delaware corporation, as issuer (the “Company”) and Wells Fargo Bank, National Association, a national banking association, as trustee (the “Trustee”).
MANNKIND CORPORATION Common Stock (par value $0.01 per share) At Market Issuance Sales AgreementAt Market Issuance Sales Agreement • April 26th, 2016 • Mannkind Corp • Pharmaceutical preparations • New York
MannKind Corporation, a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with FBR Capital Markets & Co. (“FBR”), as follows:
WITNESSETH:Supply Agreement • February 23rd, 2005 • Mannkind Corp • Pharmaceutical preparations • Delaware
MANNKIND CORPORATION and , AS WARRANT AGENT FORM OF DEBT SECURITIES WARRANT AGREEMENT DATED AS OF MANNKIND CORPORATION FORM OF DEBT SECURITIES WARRANT AGREEMENTDebt Securities Warrant Agreement • August 9th, 2007 • Mannkind Corp • Pharmaceutical preparations • New York
Debt Securities Warrant Agreement, dated as of [ ], between MannKind Corporation, a Delaware corporation (the “COMPANY”) and , a [corporation] [national banking association] organized and existing under the laws of and having a corporate trust office in , as warrant agent (the “WARRANT AGENT”).
FORM OF SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • October 11th, 2017 • Mannkind Corp • Pharmaceutical preparations • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of October 10, 2017, between MannKind Corporation, a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”).
MANNKIND CORPORATION (A Delaware corporation) 9,000,000 Shares of Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • August 24th, 2010 • Mannkind Corp • Pharmaceutical preparations • New York
MannKind Corporation, a Delaware corporation (the “Company”), subject to the terms and conditions stated herein and pursuant to the Share Lending Agreement (the “Share Lending Agreement”), dated August 18, 2010, between the Company and Bank of America, N.A. (the “Borrower”), proposes to issue and lend to the Borrower, an affiliate of Merrill Lynch, Pierce, Fenner & Smith Incorporated (“Merrill Lynch”), as a share loan pursuant to and upon the terms of the Share Lending Agreement, 9,000,000 shares of Common Stock, par value $0.01 per share, of the Company (“Common Stock”). The aforesaid shares of Common Stock are herein called, collectively, the “Securities.” The Borrower will transfer, or delegate the right to receive (in accordance with the Share Lending Agreement), the borrowed Securities to Merrill Lynch, which will sell the borrowed Securities to the public as an underwriter (the “Underwriter”).
MANNKIND CORPORATION and , AS WARRANT AGENT FORM OF COMMON STOCK WARRANT AGREEMENT DATED AS OF MANNKIND CORPORATION FORM OF COMMON STOCK WARRANT AGREEMENTCommon Stock Warrant Agreement • August 9th, 2007 • Mannkind Corp • Pharmaceutical preparations • New York
Common Stock Warrant Agreement, dated as of , between MannKind Corporation, a Delaware corporation (the “COMPANY”) and , a [corporation] [national banking association] organized and existing under the laws of and having a corporate trust office in , as warrant agent (the “WARRANT AGENT”).
MannKind Corporation Change of Control AgreementChange of Control Agreement • October 17th, 2007 • Mannkind Corp • Pharmaceutical preparations • California
This Change of Control Agreement (this “Agreement”), dated and effective as of October 10, 2007 (the “Effective Date”), is between MannKind Corporation, a Delaware corporation (the “Company”), and [Name] (the “Executive”).
MANNKIND CORPORATION 20,000,000 Shares of Common Stock Underwriting AgreementUnderwriting Agreement • December 8th, 2006 • Mannkind Corp • Pharmaceutical preparations • New York
MannKind Corporation, a Delaware corporation (the “Company”), proposes to issue and sell to the several Underwriters listed in Schedule 1 hereto (the “Underwriters”), for whom you are acting as representatives (the “Representatives”), an aggregate of 20,000,000 shares of common stock, par value $0.01 per share, of the Company (the “Underwritten Shares”) and, at the option of the Underwriters, up to an additional 3,000,000 shares of Common Stock of the Company (the “Option Shares”). The Underwritten Shares include 5,776,000 shares of common stock, par value $0.01 per share, of the Company (the “Affiliate Shares”) to be purchased by the persons named in Schedule 2 hereto (the “Affiliate Purchasers”). The Underwritten Shares and the Option Shares are herein referred to as the “Shares”. The shares of common stock of the Company to be outstanding after giving effect to the sale of the Shares are herein referred to as the “Stock”.
MannKind Corporation (a Delaware corporation) 26,666,667 Shares of Common Stock and Warrants to Purchase up to 26,666,667 Shares of Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • December 21st, 2018 • Mannkind Corp • Pharmaceutical preparations • New York
TENTH AMENDMENT TO FACILITY AGREEMENTFacility Agreement • September 27th, 2018 • Mannkind Corp • Pharmaceutical preparations • New York
This TENTH AMENDMENT TO FACILITY AGREEMENT (this “Amendment”) dated as of September 26, 2018, is by and among MannKind Corporation, a Delaware corporation (the “Borrower”), MannKind LLC, a Delaware limited liability company (the “Guarantor,” and together with the Borrower collectively, the “Obligors”), Deerfield Private Design Fund II, L.P. (“DPDF”) and Deerfield Private Design International II, L.P. (“DPDI” and, together with DPDF, the “Purchasers”). Capitalized terms used herein which are defined in the Facility Agreement (as defined below), unless otherwise defined herein, shall have the meanings ascribed to them in the Facility Agreement.
MANNKIND CORPORATION AND U.S. BANK NATIONAL ASSOCIATION as Trustee INDENTURE Dated as of August 14, 2015 5.75% Convertible Senior Subordinated Exchange Notes due 2015Indenture • August 18th, 2015 • Mannkind Corp • Pharmaceutical preparations • New York
INDENTURE dated as of August 14, 2015 between MannKind Corporation, a Delaware corporation, as issuer (the “Company”) and U.S. Bank National Association, as trustee, a national banking association organized under the laws of the United States of America (the “Trustee”).
EXCHANGE AGREEMENTExchange Agreement • July 18th, 2019 • Mannkind Corp • Pharmaceutical preparations • New York
This EXCHANGE AGREEMENT (this “Agreement”) dated as of July 18, 2019, is by and among MannKind Corporation, a Delaware corporation (the “Borrower”), MannKind LLC, a Delaware limited liability company (“Guarantor” and together with the Borrower, collectively, the “Obligors”), Deerfield Private Design Fund II, L.P. (“DPDF”) and Deerfield Private Design International II, L.P. (“DPDI” and, together with DPDF, the “Purchasers”). Capitalized terms used herein which are defined in the Facility Agreement (as defined below), unless otherwise defined herein, shall have the meanings ascribed to them in the Facility Agreement.
Supply AgreementSupply Agreement • February 25th, 2021 • Mannkind Corp • Pharmaceutical preparations • Delaware
This Supply Agreement (the “Agreement”) is made as of the 31st day of July, 2014 (the “Effective Date”) by and between MannKind Corporation, a Delaware corporation (“MannKind”), with its principal office and place of business at 28903 North Avenue Paine, Valencia, CA 91355, U.S.A., and Amphastar France Pharmaceuticals S.A.S., a French corporation (“AFP”), with its principal office and place of business at Usine Saint-Charles, 60590 Eragny-Sur-Epte, France (each of MannKind and AFP, a “Party” and together, the “Parties”).
