WARRANT AGREEMENT To Purchase Shares of the Common Stock of AGILE THERAPEUTICS, INC. Dated as of February 24, 2015 (the “Effective Date”)Warrant Agreement • February 24th, 2015 • Agile Therapeutics Inc • Pharmaceutical preparations • New York
AGILE THERAPEUTICS, INC.Agile Therapeutics Inc • February 24th, 2015 • Pharmaceutical preparations • New York
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by Agile Therapeutics, Inc., a Delaware corporation (the “Company”), the Company hereby grants to Hercules Technology Growth Capital, Inc., a Maryland corporation, in its capacity under and pursuant to the Loan Agreement (as defined below) as administrative agent for itself and the Lender (as defined in the Loan Agreement) (“Hercules”), the right to participate in and/or designate one or more of its affiliates (Hercules, together with such affiliates, collectively, “Hercules Purchasers”) to participate in any one or more Subsequent Financings (as defined below) selected by Hercules in its sole discretion by permitting all Hercules Purchasers who participate in such Subsequent Financings to purchase up to a maximum aggregate (for all Subsequent Financings) of $2,000,000.00 of Subsequent Financing Securities (as defined below) therein. Hercules Purchasers shall have no obligation to purchase
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • February 24th, 2015 • Agile Therapeutics Inc • Pharmaceutical preparations • New York
THIS LOAN AND SECURITY AGREEMENT is made and dated as of February 24, 2015 and is entered into by and between AGILE THERAPEUTICS, INC., a Delaware corporation (the “Borrower”), the several banks and other financial institutions or entities from time to time parties to this Agreement (collectively, referred to as “Lender”) and HERCULES TECHNOLOGY GROWTH CAPITAL, INC., a Maryland corporation, in its capacity as administrative agent for itself and the Lender (in such capacity, the “Agent”).
