AQUESTIVE THERAPEUTICS, INC., as Issuer, and any Guarantor that becomes party hereto pursuant to Section 4.10 hereof 12.5% Senior Secured Notes due 2025Indenture • July 16th, 2019 • Aquestive Therapeutics, Inc. • Pharmaceutical preparations • New York
INDENTURE dated as of July 15, 2019 among Aquestive Therapeutics, Inc., a Delaware corporation with an address at 30 Technology Drive, Warren, New Jersey 07059 (the “Issuer”), any Guarantor that becomes party hereto pursuant to Section 4.10, and U.S. Bank National Association, as trustee (as more fully defined in Section 1.01, the “Trustee”) and as collateral agent (as more fully defined in Section 1.01, the “Collateral Agent”).
COLLATERAL AGREEMENT DATED AS OF JULY 15, 2019 AMONG AQUESTIVE THERAPEUTICS, INC., as Issuer, THE OTHER GRANTORS FROM TIME TO TIME PARTY HERETO, U.S. BANK NATIONAL ASSOCIATION, as Trustee, and U.S. BANK NATIONAL ASSOCIATION, as Collateral AgentCollateral Agreement • July 16th, 2019 • Aquestive Therapeutics, Inc. • Pharmaceutical preparations • New York
This COLLATERAL AGREEMENT is entered into as of July 15, 2019 (as more fully defined in Section 1.2 below, this “Agreement”) by and among AQUESTIVE THERAPEUTICS, INC., a Delaware corporation with an address at 30 Technology Drive, Warren, New Jersey 07059 (the “Issuer” and a Grantor as defined below), any other GRANTOR from time to time party hereto, U.S. BANK NATIONAL ASSOCIATION, in its capacity as trustee (and its successors under the Indenture (as defined below), in such capacity, the “Trustee”), and U.S. BANK NATIONAL ASSOCIATION, in its capacity as collateral agent for the Secured Parties (as defined below) (and its successors under the Indenture, in such capacity, the “Collateral Agent”).
ContractCommon Stock Purchase Warrant • July 16th, 2019 • Aquestive Therapeutics, Inc. • Pharmaceutical preparations • New York
THIS COMMON STOCK PURCHASE WARRANT AND THE SHARES THAT MAY BE PURCHASED HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR UNDER APPLICABLE SECURITIES LAWS OF ANY STATE OR OTHER JURISDICTION. THIS COMMON STOCK PURCHASE WARRANT AND THE SHARES THAT MAY BE PURCHASED HEREUNDER MAY NOT BE SOLD OR OFFERED FOR SALE IN THE ABSENCE OF (A) AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933 AND REGISTRATION OR QUALIFICATION UNDER ANY OTHER SECURITIES LAWS OF ANY APPLICABLE STATE OR OTHER JURISDICTION OR (B) PURSUANT TO AN EXEMPTION FROM REGISTRATION UNDER SUCH ACT OR SUCH LAWS.
PURCHASE AGREEMENT dated July 15, 2019 between AQUESTIVE THERAPEUTICS, INC. and THE PURCHASER NAMED HEREIN $70,000,000 12.5% SENIOR SECURED NOTES DUE 2025 AND WARRANTS FOR 2,000,000 SHARES OF COMMON STOCKPurchase Agreement • July 16th, 2019 • Aquestive Therapeutics, Inc. • Pharmaceutical preparations • New York
