SENIOR SECURED ORIGINAL ISSUE DISCOUNT CONVERTIBLE PROMISSORY NOTEAdhera Therapeutics, Inc. • June 30th, 2020 • Pharmaceutical preparations • New York
Company FiledJune 30th, 2020 Industry JurisdictionTHIS SENIOR SECURED ORIGINAL ISSUE DISCOUNT CONVERTIBLE PROMISSORY NOTE is a duly authorized and validly issued Senior Secured Original Issue Discount Convertible Promissory Note issued at a 10% original issue discount by Adhera Therapeutics, Inc., a Delaware corporation (the “Company”) (this “Note”).
SECURITY AGREEMENTSecurity Agreement • June 30th, 2020 • Adhera Therapeutics, Inc. • Pharmaceutical preparations • New York
Contract Type FiledJune 30th, 2020 Company Industry JurisdictionTHIS SECURITY AGREEMENT (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”) dated as of June 26, 2020 between Adhera Therapeutics, Inc., a Delaware corporation (the “Company”), and all wholly-owned or majority-owned subsidiaries of the Company (with the exception of Atossa HelathCare, Inc.) (together with each other Person who becomes a party to this Agreement by execution of a joinder in the form of Exhibit A attached hereto, which shall include all wholly-owned or majority-owned subsidiaries of the Company acquired after the date hereof for so long as this Agreement remains in effect, are hereinafter sometimes referred to individually as a “Debtor” and, collectively, as the “Debtors”) and Cavalry Fund I LP, a Delaware limited partnership, in its capacity as Collateral Agent for the benefit of itself and each of the Purchasers (as hereinafter defined) (each, together with its respective successors and assigns, a “Secured Party,” and collectiv