0001140361-15-027195 Sample Contracts

FIRST AMENDMENT TO FACILITY AGREEMENT
Facility Agreement • July 9th, 2015 • Discovery Laboratories Inc /De/ • Biological products, (no disgnostic substances)

FIRST AMENDMENT TO FACILITY AGREEMENT (this “Amendment”), dated as of July 9, 2015, by and among DISCOVERY LABORATORIES, INC., a Delaware corporation (“Borrower”), DEERFIELD PRIVATE DESIGN FUND II, L.P., DEERFIELD PRIVATE DESIGN INTERNATIONAL II, L.P. and DEERFIELD SPECIAL SITUATIONS FUND, L.P. (collectively referred to as the “Lenders” and together with the Borrower, the “Parties”).

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