WAIVER AND SECOND AMENDMENT TO NOTE PURCHASE AGREEMENTNote Purchase Agreement • December 14th, 2017 • Depomed Inc • Pharmaceutical preparations • New York
Contract Type FiledDecember 14th, 2017 Company Industry JurisdictionTHIS WAIVER AND SECOND AMENDMENT TO NOTE PURCHASE AGREEMENT, dated as of December 4, 2017 (this “Amendment”), is entered into by and among DEPOMED, INC., a California corporation (the “Borrower”), the other Credit Parties party hereto, the Purchasers party hereto, and DEERFIELD PRIVATE DESIGN FUND III, L.P., a Delaware limited partnership, as a Purchaser and as collateral agent (in such latter capacity, the “Agent”).