BRIDGE CREDIT AGREEMENT Dated as of November 8, 2018 Among AEGERION PHARMACEUTICALS, INC., as Borrower, THE LENDERS PARTY HERETO and CANTOR FITZGERALD SECURITIES, as Administrative AgentBridge Credit Agreement • November 8th, 2018 • Novelion Therapeutics Inc. • Pharmaceutical preparations • New York
This BRIDGE CREDIT AGREEMENT (this “Agreement”) is entered into as of November 8, 2018 among AEGERION PHARMACEUTICALS, INC., a Delaware corporation (the “Borrower”), each Lender (as hereinafter defined) from time to time party hereto and CANTOR FITZGERALD SECURITIES, as administrative agent and collateral agent for the Lenders (in such capacities, together with any successor administrative agent and collateral agent, the “Administrative Agent”).
SUBORDINATION AGREEMENTSubordination Agreement • November 8th, 2018 • Novelion Therapeutics Inc. • Pharmaceutical preparations • New York
This Subordination Agreement (the “Agreement”) is made as of November 8, 2018, by and between CANTOR FITZGERALD SECURITIES, as administrative agent and collateral agent for the New Lenders (in such capacities, together with any successor administrative agent and collateral agent, “Senior Agent”), the signatories hereto under the heading “NEW LENDERS” (each a “New Lender” and each in its capacity as a holder of New Senior Debt and the Roll Up Debt, as applicable, together with the Senior Agent, collectively, the “Senior Lenders”), and NOVELION THERAPEUTICS INC., a corporation organized under the laws of British Columbia (“Novelion”) and NOVELION SERVICES USA, INC., a Delaware corporation (“Novelion USA” and together with Novelion, solely in their respective capacities as creditors of the Borrower (as defined below) and/or any Subsidiary of the Borrower (but, for the avoidance of doubt, not in any capacity as an equity holder of the Borrower), the “Junior Creditor”).
AMENDMENT NO. 1 TO AND CONSENT UNDER THE AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • November 8th, 2018 • Novelion Therapeutics Inc. • Pharmaceutical preparations
This Amendment No. 1 to and Consent Under the Amended and Restated Loan and Security Agreement (this “Amendment”), dated as of November 8, 2018, is entered into by and among Aegerion Pharmaceuticals, Inc., a Delaware corporation (“Borrower”), Aegerion Pharmaceuticals Holdings, Inc., a Delaware corporation (“New Guarantor”) and Novelion Therapeutics Inc. (“Novelion”), a British Columbia corporation, as lender (in such capacity, “Lender”).
