Common Contracts
2 similar Loan Agreement contracts by Emisphere Technologies Inc
LOAN AGREEMENTLoan Agreement • November 14th, 2014 • Emisphere Technologies Inc • Pharmaceutical preparations
This Loan Agreement (this “Agreement”) dated as of August 20, 2014 is entered into between EMISPHERE TECHNOLOGIES, INC., a Delaware corporation (the “Company”), MHR CAPITAL PARTNERS MASTER ACCOUNT LP, a limited partnership organized in Anguilla, British West Indies (“Master Account”), MHR CAPITAL PARTNERS (100) LP, a Delaware limited partnership (“Capital Partners (100)”), MHR INSTITUTIONAL PARTNERS II LP, a Delaware limited partnership (“Institutional Partners II”), and MHR INSTITUTIONAL PARTNERS IIA LP, a Delaware limited partnership (“Institutional Partners IIA” and, together with Master Account, Capital Partners (100) and Institutional Partners II, each, a “Lender” and collectively, the “Lenders”). The obligations under this Agreement are secured by a first priority security interest in substantially all assets of the Company pursuant to the Security Agreement and the other Security Documents. The parties hereto agree as follows:
LOAN AGREEMENTLoan Agreement • August 21st, 2014 • Emisphere Technologies Inc • Pharmaceutical preparations
This Loan Agreement (this “Agreement”) dated as of August 20, 2014 is entered into between EMISPHERE TECHNOLOGIES, INC., a Delaware corporation (the “Company”), MHR CAPITAL PARTNERS MASTER ACCOUNT LP, a limited partnership organized in Anguilla, British West Indies (“Master Account”), MHR CAPITAL PARTNERS (100) LP, a Delaware limited partnership (“Capital Partners (100)”), MHR INSTITUTIONAL PARTNERS II LP, a Delaware limited partnership (“Institutional Partners II”), and MHR INSTITUTIONAL PARTNERS IIA LP, a Delaware limited partnership (“Institutional Partners IIA” and, together with Master Account, Capital Partners (100) and Institutional Partners II, each, a “Lender” and collectively, the “Lenders”). The obligations under this Agreement are secured by a first priority security interest in substantially all assets of the Company pursuant to the Security Agreement and the other Security Documents. The parties hereto agree as follows:
