PURCHASE AGREEMENTPurchase Agreement • April 5th, 2013 • Anthera Pharmaceuticals Inc • Pharmaceutical preparations • New York
PURCHASE AGREEMENT (the “Agreement”), dated as of April 5, 2013, by and between ANTHERA PHARMACEUTICALS, INC., a Delaware corporation, (the “Company”), and LINCOLN PARK CAPITAL FUND, LLC, an Illinois limited liability company (the “Investor”).
CREDIT AND SECURITY AGREEMENTCredit and Security Agreement • April 5th, 2013 • Anthera Pharmaceuticals Inc • Pharmaceutical preparations • Maryland
THIS CREDIT AND SECURITY AGREEMENT (this “Agreement”), dated as of April 3, 2013 (the “Closing Date”) by and among MIDCAP FINANCIAL SBIC, LP, a Delaware limited partnership (“MidCap”), as administrative agent (“Agent”), the Lenders listed on the Credit Facility Schedule attached hereto and otherwise party hereto from time to time (each a “Lender”, and collectively the “Lenders”), and ANTHERA PHARMACEUTICALS, INC., a Delaware corporation, and the other entities from time to time shown as signatories hereto as a Borrower (collectively in the singular, “Borrower”), provides the terms on which Lenders agree to lend to Borrower and Borrower shall repay Lenders. The parties agree as follows:
ANTHERA PHARMACEUTICALS, INC. LOAN AND SECURITY AGREEMENTLoan and Security Agreement • April 5th, 2013 • Anthera Pharmaceuticals Inc • Pharmaceutical preparations • California
This LOAN AND SECURITY AGREEMENT (the “Agreement”) is entered into as of April 3, 2013, by and between Square 1 Bank (“Bank”) and ANTHERA PHARMACEUTICALS, INC. (“Borrower”).
ContractWarrant Agreement • April 5th, 2013 • Anthera Pharmaceuticals Inc • Pharmaceutical preparations • Maryland
THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR THE SECURITIES LAWS OF ANY STATE AND, EXCEPT PURSUANT TO THE PROVISIONS OF ARTICLE 5 BELOW, MAY NOT BE OFFERED, SOLD OR OTHERWISE TRANSFERRED, PLEDGED OR HYPOTHECATED UNLESS AND UNTIL REGISTERED UNDER THE ACT AND APPLICABLE STATE SECURITIES LAWS, OR SUCH OFFER, SALE OR TRANSFER, PLEDGE OR HYPOTHECATION CAN BE MADE IN COMPLIANCE WITH RULE 144 OF THE ACT, OR IN THE OPINION OF LEGAL COUNSEL IN FORM AND SUBSTANCE REASONABLY SATISFACTORY TO THE ISSUER OF THESE SECURITIES, SUCH OFFER, SALE OR TRANSFER, PLEDGE OR HYPOTHECATION IS EXEMPT FROM REGISTRATION.
