0001104659-19-045097 Sample Contracts

ASSERTIO THERAPEUTICS, INC. and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A, as Trustee Third Supplemental Indenture
Third Supplemental Indenture • August 9th, 2019 • Assertio Therapeutics, Inc • Pharmaceutical preparations • New York

THIRD SUPPLEMENTAL INDENTURE, dated as of August [·], 2019 (this “Supplemental Indenture”), between ASSERTIO THERAPEUTICS, INC., a Delaware corporation (the “Company”, as more fully set forth in Section 2.01), and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., a New York banking association, as trustee (the “Trustee,” as more fully set forth in Section 2.01), supplementing the Indenture relating to “Senior Debt Securities” dated as of September 9, 2014, between the Company and the Trustee (the “Base Indenture” and, as amended and supplemented by this Supplemental Indenture, and as it may be further amended or supplemented from time to time with respect to the Notes, the “Indenture”).

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FIFTH AMENDMENT TO NOTE PURCHASE AGREEMENT
Note Purchase Agreement • August 9th, 2019 • Assertio Therapeutics, Inc • Pharmaceutical preparations • New York

THIS FIFTH AMENDMENT TO NOTE PURCHASE AGREEMENT, dated as of August 9, 2019 (this “Amendment”), is entered into by and among ASSERTIO THERAPEUTICS, INC., a Delaware corporation, as successor-in-interest to DEPOMED, INC. (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”).

ASSERTIO THERAPEUTICS, INC. FORM OF CONVERTIBLE NOTES EXCHANGE AGREEMENT August 8, 2019
Convertible Notes Exchange Agreement • August 9th, 2019 • Assertio Therapeutics, Inc • Pharmaceutical preparations
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