ContractWarrant Agreement • March 15th, 2013 • Discovery Laboratories Inc /De/ • Biological products, (no disgnostic substances) • New York
Contract Type FiledMarch 15th, 2013 Company Industry JurisdictionTHIS WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE HEREOF HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), OR ANY STATE SECURITIES LAW, AND MAY NOT BE SOLD, TRANSFERRED, ASSIGNED, PLEDGED, HYPOTHECATED OR OTHERWISE DISPOSED OF OR EXERCISED UNLESS (I) A REGISTRATION STATEMENT UNDER THE SECURITIES ACT AND APPLICABLE STATE SECURITIES LAWS SHALL HAVE BECOME EFFECTIVE WITH REGARD THERETO, OR (II) AN EXEMPTION FROM REGISTRATION UNDER THE SECURITIES ACT AND APPLICABLE STATE SECURITIES LAWS IS AVAILABLE IN CONNECTION WITH SUCH OFFER, SALE OR TRANSFER.
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • March 15th, 2013 • Discovery Laboratories Inc /De/ • Biological products, (no disgnostic substances) • New York
Contract Type FiledMarch 15th, 2013 Company Industry JurisdictionREGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of February 13, 2013, by and among Discovery Laboratories, Inc., a Delaware corporation (the “Company”), and those lenders set forth on Schedule 1 to the Facility Agreement (as defined below) (each individually, a “Lender” and together, the “Lenders”).
FACILITY AGREEMENTFacility Agreement • March 15th, 2013 • Discovery Laboratories Inc /De/ • Biological products, (no disgnostic substances) • New York
Contract Type FiledMarch 15th, 2013 Company Industry JurisdictionFACILITY AGREEMENT (this “Agreement”), dated as of February 13, 2013, between Discovery Laboratories, Inc., a Delaware Corporation (the “Borrower”), and the lenders set forth on the signature page of this Agreement (the “Lenders” and, together with the Borrower, the “Parties”).
SECURITY AGREEMENTSecurity Agreement • March 15th, 2013 • Discovery Laboratories Inc /De/ • Biological products, (no disgnostic substances) • New York
Contract Type FiledMarch 15th, 2013 Company Industry JurisdictionThis Security Agreement (this “Agreement”), dated as of February 13, 2013, is entered into between Discovery Laboratories, Inc. (“Obligor”) in favor of the entities identified as secured parties on the signature page of this Agreement (together, the “Secured Party”).