0001140361-15-028510 Sample Contracts

SECOND AMENDMENT TO FACILITY AGREEMENT
Facility Agreement • July 24th, 2015 • Discovery Laboratories Inc /De/ • Biological products, (no disgnostic substances)

SECOND AMENDMENT TO FACILITY AGREEMENT (this “Amendment”), dated as of July 22, 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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