ContractWarrant Agreement • March 29th, 2011 • Anthera Pharmaceuticals Inc • Pharmaceutical preparations • California
THESE SECURITIES HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR ANY STATE SECURITIES LAWS. THEY MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED, OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT RELATED THERETO OR AN OPINION OF COUNSEL (WHICH MAY BE COMPANY COUNSEL) REASONABLY SATISFACTORY TO THE COMPANY THAT SUCH REGISTRATION IS NOT REQUIRED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR ANY APPLICABLE STATE SECURITIES LAWS.
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • March 29th, 2011 • Anthera Pharmaceuticals Inc • Pharmaceutical preparations • California
THIS LOAN AND SECURITY AGREEMENT (the “Agreement”) is made and dated as of March 25, 2011 and is entered into by and among ANTHERA PHARMACEUTICALS, INC., a Delaware corporation (“Parent”), and each of Parent’s subsidiaries joined hereto (the “Joined Subsidiaries”; the Joined Subsidiaries together with Parent are hereinafter collectively referred to as the “Borrowers” and each individually as a “Borrower”), HERCULES TECHNOLOGY II, L.P., a Delaware limited partnership, as the collateral agent (in such capacity, the “Collateral Agent”) and a lender (“HT II”), and HERCULES TECHNOLOGY GROWTH CAPITAL, INC., a Maryland corporation, as a lender (“HTGC”; HT II together with HTGC are hereinafter collectively referred to as the “Lender”).
