Common Contracts

Execution Version SECOND AMENDMENT TO FACILITY AGREEMENT

Facility Agreement • May 5th, 2020 • New York

• Contract Type
  Facility Agreement
• Filed
  May 5th, 2020
• Jurisdiction
  New York

This SECOND AMENDMENT TO FACILITY AGREEMENT (this “Amendment”) is entered into as of June 25, 2019, by and among NUVO PHARMACEUTICALS INC., an Ontario corporation (the “Canadian Parent Borrower), NUVO PHARMACEUTICALS (IRELAND) DESIGNATED ACTIVITY COMPANY (F/K/A NUVO PHARMACEUTICALS (IRELAND) LIMITED), a designated activity company incorporated under the laws of Ireland with registered number 616049 (the “Irish Borrower”, and together with the Canadian Parent Borrower, the “Borrowers” and each a “Borrower”), the other Loan Parties party hereto, the Lenders party hereto and Deerfield Private Design Fund III, L.P., as Agent for itself and the other Secured Parties.