AMENDMENT AND WAIVER NO. 5Amendment and Waiver • November 14th, 2018 • Synergy Pharmaceuticals, Inc. • Pharmaceutical preparations • New York
Contract Type FiledNovember 14th, 2018 Company Industry JurisdictionTHIS AMENDMENT AND WAIVER, dated as of November 13, 2018 (this “Agreement”), is made among Synergy Pharmaceuticals Inc., a Delaware corporation (“Borrower”), the Subsidiary Guarantors as from time to time party hereto, the Lenders listed on the signature pages hereof under the heading “LENDERS” (each a “Lender” and, collectively, the “Lenders”), and CRG Servicing LLC, a Delaware limited liability company (“CRG Servicing”), as administrative agent and collateral agent for the Lenders (in such capacities, together with its successors and assigns, “Agent”).