ContractWarrant Agreement • March 20th, 2015 • Opgen Inc • Services-medical laboratories • Delaware
THIS WARRANT AND THE UNDERLYING SECURITIES HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED. THEY MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT AS TO SUCH SECURITIES UNDER THE ACT OR AN OPINION OF COUNSEL SATISFACTORY TO THE COMPANY THAT SUCH REGISTRATION IS NOT REQUIRED.
FIFTH AMENDMENT TO LEASE AGREEMENTLease Agreement • March 20th, 2015 • Opgen Inc • Services-medical laboratories
THIS FIFTH AMENDMENT TO LEASE AGREEMENT ("this Fifth Amendment") is dated as of March 20, 2015 ("Effective Date"), by and between ARE-708 QUINCE ORCHARD, LLC, a Delaware limited liability company, having an address at 385 E. Colorado Blvd., Suite 299, Pasadena, California 91101 ("Landlord"), and OPGEN, INC., a Delaware corporation, having an address at Suite 220, 708 Quince Orchard Road, Gaithersburg, Maryland 20878 ("Tenant").
FORM OF SECURITY AGREEMENTSecurity Agreement • March 20th, 2015 • Opgen Inc • Services-medical laboratories • Maryland
The undersigned, C. Eric Winzer, the Chief Financial Officer of OpGen, Inc., a Delaware corporation (the "Company"), hereby certifies to the Secured Parties signatory to this Security Agreement (the "Secured Parties"), as follows:
AMENDED AND RESTATED INTERCREDITOR AGREEMENTIntercreditor Agreement • March 20th, 2015 • Opgen Inc • Services-medical laboratories • Delaware
THIS AMENDED AND RESTATED INTERCREDITOR AGREEMENT, dated as of February 17, 2015 (this "Agreement"), is by and among Harris & Harris Group, Inc., collateral agent under the 2014 Convertible Notes Security Agreement (as defined below) (in such capacity, the "2014 Convertible Notes Collateral Agent"), Harris & Harris Group, Inc., collateral agent under the 2015 Convertible Notes Security Agreement (as defined below) (in such capacity, the "2015 Convertible Notes Collateral Agent"), Harris & Harris Group, Inc., collateral agent under the Demand Notes Security Agreement (as defined below) (in such capacity, the "Demand Notes Collateral Agent"), each of the Secured Parties (as defined below) party hereto and OpGen, Inc., a Delaware corporation (the "Debtor").
