SUPPLEMENTAL AGREEMENT TO THE LICENSE AGREEMENT DATED DECEMBER 12, 2019 March 31, 2020License Agreement • March 16th, 2022 • Athenex, Inc. • Pharmaceutical preparations
SECOND AMENDED AND RESTATED EXCLUSIVE LICENSE AND OPTION AGREEMENT BY AND BETWEEN BAYLOR COLLEGE OF MEDICINE AND CELL MEDICA, INC. (d/b/a KUUR THERAPEUTICS) Original Effective Date: APRIL 29, 2016 First Restatement Effective Date: FEBRUARY 28, 2020...Exclusive License and Option Agreement • March 16th, 2022 • Athenex, Inc. • Pharmaceutical preparations • New York
This Second Amended and Restated Exclusive License and Option Agreement (the “Second Restated Agreement” or “Agreement” herein), effective as of October 12, 2021 (the “Second Restatement Effective Date”), is by and between Baylor College of Medicine (“Baylor”), a Texas nonprofit corporation having its principal place of business at One Baylor Plaza, Houston, Texas 77030, and Cell Medica Inc., doing business as Kuur Therapeutics, a Texas corporation with its principal place of business at 6200 Savoy Dr., #1200, Houston TX 77036 (“Kuur”, collectively the “Parties”, individually, a “Party.”) As of the Second Restatement Effective Date, this Second Restated Agreement amends and restates that certain Amended and Restated Exclusive License and Option Agreement (the “First Restated Agreement”), entered into on February 28, 2020, (the “First Restatement Effective Date”) by Baylor and Kuur Therapeutics Ltd. (formerly known as Cell Medica Ltd.), and as assigned by Kuur Therapeutics Ltd. to Cell
THIRD AMENDMENT TO CREDIT AND GUARANTY AGREEMENT AND FIRST AMENDMENT TO THE WARRANTSCredit and Guaranty Agreement • March 16th, 2022 • Athenex, Inc. • Pharmaceutical preparations • New York
THIS THIRD AMENDMENT TO CREDIT AND GUARANTY AGREEMENT AND FIRST AMENDMENT TO THE WARRANTS (this “Amendment”), dated as of January 19, 2022, is made by and among ATHENEX, INC., a Delaware corporation (as applicable, the “Borrower” and “Issuer”), the Lenders and warrant holders party hereto and OAKTREE FUND ADMINISTRATION, LLC, as administrative agent for the Lenders (in such capacity, the “Administrative Agent”).
SECOND AMENDED AND RESTATED CO-DEVELOPMENT AGREEMENT BY AND BETWEEN BAYLOR COLLEGE OF MEDICINE ANDCo-Development Agreement • March 16th, 2022 • Athenex, Inc. • Pharmaceutical preparations • New York
This Second Amended and Restated Co-Development Agreement (the “Second Restated Co-Development Agreement” or “Agreement” herein), effective as of October 12, 2021 (the “Second Restatement Effective Date” or “Effective Date” herein), is by and between (i) Baylor College of Medicine (“Baylor”), a Texas nonprofit corporation having its principal place of business at One Baylor Plaza, Cullen Building, Suite 106A, Houston, Texas 77030, and (ii) Cell Medica Inc., doing business as Kuur Therapeutics, a Texas corporation (“Kuur”). As of the Second Restatement Effective Date, this Second Restated Co-Development Agreement amends and restates that certain Amended and Restated Co-Development Agreement (the “First Restated Co-Development Agreement”), entered into on February 28, 2020 (the “First Restatement Effective Date”) by Baylor and Kuur Therapeutics Ltd. (formerly known as Cell Medica Ltd.), and as assigned by Kuur Therapeutics Ltd. to Cell Medica Inc. on August 26, 2020, which First Restated
THIRD SUPPLEMENTAL AGREEMENT AND AMENDMENT TO TO LICENSE AGREEMENT DATED DECEMBER 12, 2019Third Supplemental Agreement • March 16th, 2022 • Athenex, Inc. • Pharmaceutical preparations
THIS THIRD SUPPLEMENTAL AGREEMENT AND AMENDMENT (this “Supplement”) is made and entered into effective as of November 8, 2021 (the “Effective Date”), by and among ATHENEX, INC., a corporation organized and existing under the laws of the State of Delaware USA and having its principal office at Conventus Building, 1001 Main Street, Suite 600, Buffalo, New York 14203, USA (“Athenex”) and GUANGZHOU XIANGXUE PHARMACEUTICAL CO., LTD., a company organized and existing under the laws of China and having its principal office 2 Jinfengyuan Road, Guangzhou, China (“XPH”). Athenex and XPH are sometimes referred to herein individually as a “Party,” and collectively as the “Parties.”
SECOND AMENDMENT TO CREDIT AND GUARANTY AGREEMENTCredit and Guaranty Agreement • March 16th, 2022 • Athenex, Inc. • Pharmaceutical preparations • New York
THIS SECOND AMENDMENT TO CREDIT AND GUARANTY AGREEMENT (this “Amendment”), dated as of December 14, 2021, is made by and among ATHENEX, INC., a Delaware corporation (the “Borrower”), the Lenders party hereto and OAKTREE FUND ADMINISTRATION, LLC, as administrative agent for the Lenders (in such capacity, the “Administrative Agent”).
