STANDBY EQUITY DISTRIBUTION AGREEMENTStandby Equity Distribution Agreement • September 29th, 2010 • Advanced Life Sciences Holdings, Inc. • Biological products, (no disgnostic substances) • New Jersey
In connection with the sale of the common stock or interests therein, the Selling Stockholders may enter into hedging transactions with broker-dealers or other financial institutions, which may in turn engage in short sales of the Common Stock in the course of hedging the positions they assume. The Selling Stockholders may also enter into option or other transactions with broker-dealers or other financial institutions or the creation of one or more derivative securities which require the delivery to such broker-dealer or other financial institution of shares offered by this prospectus, which shares such broker-dealer or other financial institution may resell pursuant to this prospectus (as supplemented or amended to reflect such transaction).
AMENDED AND RESTATED GUARANTYGuaranty • September 29th, 2010 • Advanced Life Sciences Holdings, Inc. • Biological products, (no disgnostic substances) • Illinois
This GUARANTY dated as of September 9, 2010 (the “Guaranty”), is executed by the undersigned (“Guarantor”), to and for the benefit of THE LEADERS BANK (the “Lender”), whose address is 2001 York Road, Suite 150, Oak Brook, Illinois 60523.
SECOND AMENDED AND RESTATED BUSINESS LOAN AGREEMENTBusiness Loan Agreement • September 29th, 2010 • Advanced Life Sciences Holdings, Inc. • Biological products, (no disgnostic substances) • Illinois
THIS SECOND AMENDED AND RESTATED BUSINESS LOAN AGREEMENT (this “Credit Agreement”), dated as of September 9, 2010 (the “Effective Date”), is by and between ADVANCED LIFE SCIENCES, INC., an Illinois corporation (the “Borrower”), ADVANCED LIFE SCIENCES HOLDINGS, INC. (“Holdings”), MICHAEL FLAVIN (“Flavin”, and together with Holdings, the “Guarantors”), and THE LEADERS BANK (the “Lender”), and shall amend and restate in its entirety that certain Amended and Restated Business Loan Agreement, dated as of October 23, 2008, executed by and between the Borrower and the Lender (the “Existing Credit Agreement”).
AMENDED AND RESTATED SECURITY AGREEMENTSecurity Agreement • September 29th, 2010 • Advanced Life Sciences Holdings, Inc. • Biological products, (no disgnostic substances) • Illinois
This Amended and Restated Security Agreement (the “Security Agreement”) is dated as of September 9, 2010, by and among Advanced Life Sciences, Inc. (the “Borrower”), with its mailing address as set forth in Section 13(b) below, and The Leaders Bank (the “Lender”), with its mailing address as set forth in Section 13(b) below.
AMENDED AND RESTATED SECURITY AGREEMENTSecurity Agreement • September 29th, 2010 • Advanced Life Sciences Holdings, Inc. • Biological products, (no disgnostic substances) • Illinois
This Amended and Restated Security Agreement (the “Security Agreement”) is dated as of September 9, 2010, by and among Advanced Life Sciences Holdings, Inc. (the “Guarantor”), with its mailing address as set forth in Section 13(b) below, and The Leaders Bank (the “Lender”), with its mailing address as set forth in Section 13(b) below.
