WARRANT TO PURCHASE STOCKWarrant Agreement • December 3rd, 2007 • Cadence Pharmaceuticals Inc • Pharmaceutical preparations • California
THIS WARRANT CERTIFIES THAT, for the agreed upon value of $1.00 and for other good and valuable consideration, including without limitation the mutual promises contained in that certain Loan and Security Agreement dated as of February 17, 2006, as amended by that certain First Amendment to Loan and Security Agreement dated as of September 13, 2007, as further amended by that certain Second Amendment to Loan and Security Agreement of even date herewith (as amended, the “Loan Agreement”) entered into by and among OXFORD FINANCE CORPORATION (“Holder”), Silicon Valley Bank, Merrill Lynch Capital, a Division of Merrill Lynch Business Financial Services Inc., and the company named above (the “Company”), Holder is entitled to purchase the number of fully paid and nonassessable shares of Common Stock (the “Shares”) of the Company at the Warrant Price, all as set forth above and as adjusted pursuant to Article 2 of this Warrant, subject to the provisions and upon the terms and conditions set fo
WARRANT TO PURCHASE STOCKWarrant Agreement • December 3rd, 2007 • Cadence Pharmaceuticals Inc • Pharmaceutical preparations • California
THIS WARRANT CERTIFIES THAT, for good and valuable consideration, including without limitation the mutual promises contained in that certain Loan and Security Agreement dated as of February 17, 2006, as amended by that certain First Amendment to Loan and Security Agreement dated as of September 13, 2007, as further amended by that certain Second Amendment to Loan and Security Agreement of even date herewith (as amended, the “Loan Agreement”) entered into by and among SILICON VALLEY BANK (“Holder”), Oxford Finance Corporation, Merrill Lynch Capital, a Division of Merrill Lynch Business Financial Services Inc., and the company named above (the “Company”), Holder is entitled to purchase the number of fully paid and nonassessable shares of Common Stock (the “Shares”) of the Company at the Warrant Price, all as set forth above and as adjusted pursuant to Article 2 of this Warrant, subject to the provisions and upon the terms and conditions set forth in this Warrant. This Warrant is issued i
SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • December 3rd, 2007 • Cadence Pharmaceuticals Inc • Pharmaceutical preparations • California
THIS SECOND AMENDMENT to Loan and Security Agreement (this “Amendment”) is entered into this 30th day of November, 2007, by and among Oxford Finance Corporation, as Agent (“Collateral Agent”), Oxford Finance Corporation, Silicon Valley Bank and Merrill Lynch Capital, a Division of Merrill Lynch Business Financial Services Inc. (each a “Lender” and collectively “Lenders”) and Cadence Pharmaceuticals, Inc., a Delaware corporation (“Borrower”) whose address is 12481 High Bluff Drive, Suite 200, San Diego, California 92130.
CADENCE PHARMACEUTICALS, INC. REGISTRATION RIGHTS WAIVER AND AMENDMENT November 29, 2007Registration Rights Waiver and Amendment • December 3rd, 2007 • Cadence Pharmaceuticals Inc • Pharmaceutical preparations
Reference is made to the Amended and Restated Investor Rights Agreement (the “Investor Rights Agreement”), dated as of February 21, 2006, by and between Cadence Pharmaceuticals, Inc. (the “Company”) and the investor parties thereto (the “Holders”). All capitalized terms used herein and not otherwise defined shall have the meanings assigned to such terms in the Investor Rights Agreement.
WARRANT TO PURCHASE STOCKWarrant Agreement • December 3rd, 2007 • Cadence Pharmaceuticals Inc • Pharmaceutical preparations • California
THIS WARRANT CERTIFIES THAT, for the agreed upon value of $1.00 and for other good and valuable consideration, including without limitation the mutual promises contained in that certain Loan and Security Agreement dated as of February 17, 2006, as amended by that certain First Amendment to Loan and Security Agreement dated as of September 13, 2007, as further amended by that certain Second Amendment to Loan and Security Agreement of even date herewith (as amended, the “Loan Agreement”) entered into by and among MERRILL LYNCH CAPITAL, A DIVISION OF MERRILL LYNCH BUSINESS FINANCIAL SERVICES INC. (“Holder”), Silicon Valley Bank, Oxford Finance Corporation and the company named above (the “Company”), Holder is entitled to purchase the number of fully paid and nonassessable shares of Common Stock (the “Shares”) of the Company at the Warrant Price, all as set forth above and as adjusted pursuant to Article 2 of this Warrant, subject to the provisions and upon the terms and conditions set for
