0000799698-17-000022 Sample Contracts

FIRST AMENDMENT TO WARRANT AGREEMENT
Warrant Agreement • August 1st, 2017 • Cytrx Corp • Biological products, (no disgnostic substances) • California

This First Amendment to Warrant Agreement (this "Amendment") is entered into as of July 27, 2017(the "Effective Date") by and between CytRx Corporation, a Delaware corporation (the "Company"), and Hercules Technology III, L.P., a Delaware limited partnership (the "Warrantholder"), and amends that certain Warrant Agreement to Purchase Shares of the Common Stock of the Company, dated as of February 5, 2016, issued by the Company to the Warrantholder (the "Agreement"). Capitalized terms used herein without definition shall have the meanings ascribed to such terms in the Agreement.

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FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • August 1st, 2017 • Cytrx Corp • Biological products, (no disgnostic substances) • California

THIS FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT (this "Amendment"), dated as of July 27, 2017 (the "Amendment Effective Date"), is entered into by and among CYTRX CORPORATION, a Delaware corporation, and each of its Qualified Subsidiaries (collectively, the "Borrower"), the several banks and other financial institutions or entities from time to time parties thereto as Lender, constituting the Required Lenders, and HERCULES CAPITAL, INC. (formerly known as Hercules Technology Growth Capital, Inc.), a Maryland corporation, in its capacity as administrative agent and collateral agent for itself and the Lender (in such capacity, together with its successors and assigns in such capacity, "Agent").

EXCLUSIVE LICENSE AGREEMENT
Exclusive License Agreement • August 1st, 2017 • Cytrx Corp • Biological products, (no disgnostic substances) • California

This Exclusive License Agreement (this "Agreement"), dated and effective as of July 27, 2017 ("Effective Date"), is entered into by and between NantCell, Inc., a Delaware corporation ("NantCell"), on the one hand, and CytRx Corporation, a Delaware corporation ("CytRx"), on the other hand. NantCell and CytRx are each sometimes referred to herein as a "Party" and collectively as the "Parties."

STOCK PURCHASE AGREEMENT
Stock Purchase Agreement • August 1st, 2017 • Cytrx Corp • Biological products, (no disgnostic substances) • California

THIS STOCK PURCHASE AGREEMENT (this "Agreement") is made as of the 27th day of July, 2017, by and between CytRx Corporation (the "Company"), a Delaware corporation, and NantCell, Inc. ("Purchaser"), a Delaware corporation. The Company and Purchaser are each referred to herein by name or as a "Party" or, collectively, as the "Parties".

Contract
Warrant Agreement • August 1st, 2017 • Cytrx Corp • Biological products, (no disgnostic substances) • California
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