0000950123-18-005027 Sample Contracts

Contract
Warrant Agreement • May 14th, 2018 • Tricida, Inc. • Pharmaceutical preparations • California

THIS WARRANT, AND THE SECURITIES ISSUABLE UPON THE EXERCISE OF THIS WARRANT, HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), 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 ACT, OR ANY APPLICABLE STATE SECURITIES LAWS.

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Contract
Warrant Agreement • May 14th, 2018 • Tricida, Inc. • Pharmaceutical preparations • California

THIS WARRANT, AND THE SECURITIES ISSUABLE UPON THE EXERCISE OF THIS WARRANT, HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), 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 ACT, OR ANY APPLICABLE STATE SECURITIES LAWS.

FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT AND FIRST AMENDMENT TO WARRANTS
Loan and Security Agreement • May 14th, 2018 • Tricida, Inc. • Pharmaceutical preparations • California

This FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT AND FIRST AMENDMENT TO WARRANTS (this “Amendment”), dated as of April 10, 2018 (the “Amendment Effective Date”), is entered into by and among Tricida, Inc. (the “Borrower”), Hercules Capital, Inc. (“Hercules Capital”), 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, the “Agent”), and Hercules Technology III, L.P. (“Hercules Technology”), a Delaware limited partnership.

LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • May 14th, 2018 • Tricida, Inc. • Pharmaceutical preparations • California

THIS LOAN AND SECURITY AGREEMENT is made and dated as of February 28, 2018 and is entered into by and between Tricida, Inc., a Delaware corporation, and each of its Qualified Subsidiaries (hereinafter collectively referred to as the “Borrower”), the several banks and other financial institutions or entities from time to time parties to this Agreement (collectively, referred to as “Lender”) and HERCULES CAPITAL, INC., a Maryland corporation, in its capacity as administrative agent and collateral agent for itself and the Lender (in such capacity, the “Agent”).

MASTER DEVELOPMENT/VALIDATION SERVICES AND CLINICAL/LAUNCH SUPPLY AGREEMENT
Master Development/Validation Services and Clinical/Launch Supply Agreement • May 14th, 2018 • Tricida, Inc. • Pharmaceutical preparations • New York

This MASTER DEVELOPMENT/VALIDATION SERVICES AND CLINICAL/LAUNCH SUPPLY AGREEMENT (“MDA”) is made this 8th day of May, 2018 (“Effective Date”), by and among Patheon Austria GmbH & Co KG, with its principal offices at St. Peter Strasse 25, 4021 Linz, Austria (“Patheon”) and Tricida, Inc., a Delaware corporation, with its principal executive offices located at 7000 Shoreline Court, Suite 201, South San Francisco, CA 94080 (“Customer” or “Tricida”). For purposes of this MDA, each of Patheon and Tricida may be referred to herein as a “Party” or collectively as the “Parties”.

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