0001104659-21-099264 Sample Contracts

ESPERION THERAPEUTICS, INC. Issuer AND [TRUSTEE], Trustee INDENTURE Dated as of [ ] Subordinated Debt Securities
Indenture • August 3rd, 2021 • Esperion Therapeutics, Inc. • Pharmaceutical preparations • New York

INDENTURE, dated as of [ ], among ESPERION THERAPEUTICS, INC., a Delaware corporation (the “Company”), and [TRUSTEE], as trustee (the “Trustee”):

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OPEN MARKET SALE AGREEMENT
Open Market Sale Agreement • August 3rd, 2021 • Esperion Therapeutics, Inc. • Pharmaceutical preparations • New York

Esperion Therapeutics, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell from time to time through Jefferies LLC, as sales agent and/or principal (the “Agent”), shares of the Company’s common stock, par value $0.001 per share (the “Common Shares”), having an aggregate offering price of up to $250,000,000 on the terms set forth in this agreement (this “Agreement”).

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