LOAN AND SECURITY AGREEMENTLoan and Security Agreement • March 13th, 2009 • Ardea Biosciences, Inc./De • Pharmaceutical preparations • California
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of November 12, 2008 (the “Effective Date”) between OXFORD FINANCE CORPORATION (“Oxford”), as collateral agent (the “Collateral Agent”), Oxford, as a lender, and SILICON VALLEY BANK (“Bank”; each, of Oxford and Bank are sometimes individually referred to as a “Lender” and collectively, as the “Lenders”), and ARDEA BIOSCIENCES, INC., a Delaware corporation (“Borrower”), provides the terms on which Lenders shall lend to Borrower and Borrower shall repay Lenders. The parties agree as follows:
ContractArdea Biosciences, Inc./De • March 13th, 2009 • Pharmaceutical preparations • California
THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR THE SECURITIES LAWS OF ANY STATE AND, EXCEPT AND PURSUANT TO THE PROVISIONS OF ARTICLE 5 BELOW, MAY NOT BE OFFERED, SOLD OR OTHERWISE TRANSFERRED, PLEDGED OR HYPOTHECATED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND APPLICABLE STATE SECURITIES LAW OR, IN THE OPINION OF LEGAL COUNSEL IN FORM AND SUBSTANCE SATISFACTORY TO THE ISSUER OF THESE SECURITIES, SUCH OFFER, SALE OR TRANSFER, PLEDGE OR HYPOTHECATION IS EXEMPT FROM REGISTRATION.
AMENDED AND RESTATED EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • March 13th, 2009 • Ardea Biosciences, Inc./De • Pharmaceutical preparations • California
This Amended and Restated Employment Agreement (the “Agreement”) is made and entered into effective as of November 7, 2008 (the “Effective Date”), by and between Ardea Biosciences, Inc., (the “Company”), and Dr. Barry Quart (the “Executive”). The Company and the Executive are hereinafter collectively referred to as the “Parties”, and individually referred to as a “Party”.
