0001104659-23-079822 Sample Contracts

CREDIT AND SECURITY AGREEMENT
Credit and Security Agreement • July 11th, 2023 • Armata Pharmaceuticals, Inc. • Biological products, (no disgnostic substances) • New York

Credit and Security Agreement, dated as of July 10, 2023, by and among Armata Pharmaceuticals, Inc., a Washington corporation (the “Borrower”), each Subsidiary of the Borrower listed as a “Guarantor” on the signature pages hereto (together with each other Person that executes a joinder agreement and becomes a “Guarantor” hereunder or otherwise guarantees all or any part of the Obligations (as hereinafter defined), each a “Guarantor” and collectively, the “Guarantors”) and Innoviva Strategic Opportunities LLC, a Delaware limited liability company, or an affiliate thereof, as the lender (the “Lender”).

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FIRST AMENDMENT TO SECURED CONVERTIBLE CREDIT AND SECURITY AGREEMENT
Secured Convertible Credit and Security Agreement • July 11th, 2023 • Armata Pharmaceuticals, Inc. • Biological products, (no disgnostic substances)

FIRST AMENDMENT TO SECURED CONVERTIBLE CREDIT AND SECURITY AGREEMENT, dated as of July 10, 2023 (this “Amendment”), by and among Armata Pharmaceuticals, Inc., a Washington corporation (the “Borrower”), each Guarantor from time to time party to the Credit Agreement (as defined below) (the “Guarantors” and, together with the Borrower, the “Loan Parties”) and Innoviva Strategic Opportunities LLC, a Delaware limited liability company, or an affiliate thereof (the “Lender”).

Amendment No. 1 to THE Second AMENDED AND RESTATED voting agreement
Voting Agreement • July 11th, 2023 • Armata Pharmaceuticals, Inc. • Biological products, (no disgnostic substances)

This Amendment No. 1, dated as of July 10, 2023 (this “Amendment”), to the Second Amended and Restated Voting Agreement, dated as of February 9, 2022 (the “Voting Agreement”), is entered into by and among Armata Pharmaceuticals, Inc. (the “Company”), Innoviva, Inc. (“Innoviva”), and Innoviva Strategic Opportunities LLC (“Strategic Opportunities” and together with Innoviva, the “Stockholders”).

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