SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • December 13th, 2006 • Advancis Pharmaceutical Corp • Pharmaceutical preparations • New York
This SECURITIES PURCHASE AGREEMENT (this “Agreement”) is dated as of the 11th day of December, 2006 (the “Effective Date”) by and between Advancis Pharmaceutical Corporation, a Delaware corporation, with its principal office at 20425 Seneca Meadows Parkway, Germantown, Maryland 20876 (the “Company”), and the several purchasers identified in the attached Exhibit A (individually, a “Purchaser” and collectively, the “Purchasers”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • December 13th, 2006 • Advancis Pharmaceutical Corp • Pharmaceutical preparations • New York
This REGISTRATION RIGHTS AGREEMENT (this “Agreement”) is made as of December 11, 2006, by and among (i) Advancis Pharmaceutical Corporation, a Delaware corporation (the “Company”), (ii) each person listed on Exhibit A attached hereto (collectively, the “Initial Investors” and each individually, an “Initial Investor”), and (iii) each person or entity that subsequently becomes a party to this Agreement pursuant to, and in accordance with, the provisions of Section 12 hereof (collectively, the “Investor Permitted Transferees” and each individually an “Investor Permitted Transferee”).
December 8, 2006Advancis Pharmaceutical Corp • December 13th, 2006 • Pharmaceutical preparations
Reference is made to that certain Credit and Security Agreement dated June 30, 2006 (as amended, modified, restated or supplemented from time to time, the “Credit Agreement”) between ADVANCIS PHARMACEUTICAL CORPORATION (“Borrower”), and MERRILL LYNCH CAPITAL, a division of Merrill Lynch Business Financial Services Inc., individually as a lender and as agent (“Merrill Lynch”). All capitalized terms used herein and not defined herein shall have the meaning ascribed to such terms in the Credit Agreement.
