0000950170-22-013461 Sample Contracts

FOURTH AMENDMENT TO CREDIT AND GUARANTY AGREEMENT, SECOND AMENDMENT TO THE WARRANTS AND PARTIAL RELEASE OF COLLATERAL
Credit Agreement and Guaranty • July 29th, 2022 • Athenex, Inc. • Pharmaceutical preparations • New York

CREDIT AGREEMENT AND GUARANTY, originally dated as of June 19, 2020 (as amended by that certain First Amendment and Limited Waiver to Credit and Guaranty Agreement (“Amendment No. 1”), dated as of June 3, 2021 (the “First Amendment Effective Date”), as further amended by that certain Second Amendment to Credit and Guaranty Agreement (“Amendment No. 2”), dated as of December 14, 2021 (the “Second Amendment Effective Date”), and as further amended by that certain Third Amendment to Credit and Guaranty Agreement and First Amendment to the Warrants (“Amendment No. 3”), dated as of January 19, 2022 and effective as of February 14, 2022 (the “Third Amendment Effective Date”), and as further amended by that certain Fourth Amendment to Credit and Guaranty Agreement and Second Amendment to the Warrants (“Amendment No. 4”), dated as of June 21, 2022, (this “Agreement”), among ATHENEX, INC., a Delaware corporation (the “Borrower”), certain Subsidiaries of the Borrower that may be required to prov

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FIFTH AMENDMENT TO CREDIT AND GUARANTY AGREEMENT
Credit and Guaranty Agreement • July 29th, 2022 • Athenex, Inc. • Pharmaceutical preparations • New York

THIS FIFTH AMENDMENT TO CREDIT AND GUARANTY AGREEMENT (this “Amendment”), dated as of June 29, 2022, is made by and among ATHENEX, INC., a Delaware corporation (as applicable, the “Borrower”), the Lenders party hereto and OAKTREE FUND ADMINISTRATION, LLC, as administrative agent for the Lenders (in such capacity, the “Administrative Agent”).

REVENUE INTEREST PURCHASE AGREEMENT by and among ATNX SPV, LLC, ATHENEX, INC., Oaktree-TCDRS Strategic Credit, LLC, Oaktree-Minn Strategic Credit, LLC, Oaktree-Forrest Multi-Strategy, LLC, Oaktree-TBMR Strategic Credit Fund C, LLC, Oaktree-TBMR...
Revenue Interest Purchase Agreement • July 29th, 2022 • Athenex, Inc. • Pharmaceutical preparations • New York

REVENUE INTEREST PURCHASE AGREEMENT (as amended, supplemented or otherwise modified from time to time, this “Agreement”) is made and entered into as of June 21, 2022 (referred to herein as the “Effective Date”), by and among ATNX SPV, LLC, a Delaware limited liability corporation (“Seller”), Athenex, Inc., a Delaware corporation (“Parent”), Oaktree-TCDRS Strategic Credit, LLC, a Delaware limited liability company (“Oaktree TCDRS”), Oaktree-Minn Strategic Credit, LLC, a Delaware limited liability company (“Oaktree Minn”), Oaktree-Forrest Multi-Strategy, LLC, a Delaware limited liability company (“Oaktree Forrest”), Oaktree-TBMR Strategic Credit Fund C, LLC, a Delaware limited liability company (“Oaktree TBMR C”), Oaktree-TBMR Strategic Credit Fund F, LLC, a Delaware limited liability company (“Oaktree TBMR F”), Oaktree-TBMR Strategic Credit Fund G, LLC, a Delaware limited liability company (“Oaktree TBMR G”), Oaktree-TSE 16 Strategic Credit, LLC, a Delaware limited liability company (“O

Contract
Equity Purchase Agreement • July 29th, 2022 • Athenex, Inc. • Pharmaceutical preparations • Beijing

EQUITY PURCHASE AGREEMENTamongTiHe Capital (Beijing) Co. Ltd.(泰和中投投资基金管理(北京)有限公司),ATHENEX API LIMITED,ATHENEX PHARMACEUTICALS (CHINA) LIMITED,POLYMED THERAPEUTICS, INC.andATHENEX, INC.

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