0001104659-23-040243 Sample Contracts

INDENTURE DATED AS OF , 20 BETWEEN MARINUS PHARMACEUTICALS, INC. as Issuer, AND as Trustee Providing for Issuance of Senior Debt Securities in Series
Indenture • March 31st, 2023 • Marinus Pharmaceuticals, Inc. • Pharmaceutical preparations • New York

THIS INDENTURE, dated as of , 20 , between MARINUS PHARMACEUTICALS, INC., a corporation duly organized and existing under the laws of the State of Delaware (herein called the “Company”), and , as trustee (herein called the “Trustee”).

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AMENDMENT NO. 1 TO THE EQUITY DISTRIBUTION AGREEMENT
Equity Distribution Agreement • March 31st, 2023 • Marinus Pharmaceuticals, Inc. • Pharmaceutical preparations

This Amendment No. 1 to the Equity Distribution Agreement (this “Amendment”) is entered into as of the date first written above by Marinus Pharmaceuticals, Inc., a Delaware corporation (the “Company”), and JMP Securities LLC (“Agent”), that are parties to that certain Equity Distribution Agreement dated July 9, 2020 (the “Original Agreement”) and that certain side letter agreement dated July 9, 2020 (the “Side Letter”). All capitalized terms not defined herein shall have the meanings ascribed to them in the Original Agreement. The parties, intending to be legally bound, hereby amend the Original Agreement as follows:

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