SECOND AMENDED AND RESTATED LOAN AGREEMENTLoan Agreement • October 26th, 2006 • Discovery Laboratories Inc /De/ • Biological products, (no disgnostic substances) • Delaware
THIS LOAN AGREEMENT (this “Agreement”) is dated as of December 10, 2001, and amended and restated as of October 25, 2006 (the “Restatement Date”), by and between DISCOVERY LABORATORIES, INC., a Delaware corporation (“Borrower”), and PHARMABIO DEVELOPMENT INC., a North Carolina corporation, d/b/a NovaQuest (“Lender”).
SECOND AMENDED AND RESTATED SECURITY AGREEMENTSecurity Agreement • October 26th, 2006 • Discovery Laboratories Inc /De/ • Biological products, (no disgnostic substances) • Delaware
THIS SECURITY AGREEMENT (this “Agreement”) is dated as of December 10, 2001, and amended and restated as of October 25, 2006 (the “Restatement Date”), by and between DISCOVERY LABORATORIES, INC., a Delaware corporation (“Borrower”), and PHARMABIO DEVELOPMENT INC., a North Carolina corporation, d/b/a NovaQuest (“Lender”).
WARRANT AGREEMENTWarrant Agreement • October 26th, 2006 • Discovery Laboratories Inc /De/ • Biological products, (no disgnostic substances) • Delaware
This WARRANT AGREEMENT is dated and entered into as of October 25, 2006, by and between DISCOVERY LABORATORIES, INC., a Delaware corporation (the “Company”), and PHARMABIO DEVELOPMENT INC., a North Carolina corporation, doing business as NovaQuest (“NovaQuest”). Capitalized terms herein that are not otherwise defined shall have the respective meanings set forth in the Loan Agreement (as defined below).
AMENDMENT NO. 005 AND CONSENTMaster Security Agreement • October 26th, 2006 • Discovery Laboratories Inc /De/ • Biological products, (no disgnostic substances)
THIS AMENDMENT NO. 005 AND CONSENT (“Amendment”) is made as of this 25th day of October, 2006, between General Electric Capital Corporation (“Secured Party”) and Discovery Laboratories, Inc. (“Debtor”), to that certain Master Security Agreement dated as of December 20, 2002 (as amended, modified, restated, supplemented or replaced from time to time, and together with any schedules thereto, collectively, the “Agreement”). The terms of this Amendment No. 005 are hereby incorporated into the Agreement as though fully set forth therein. Secured Party and Debtor mutually desire to amend the Agreement as set forth below. Section references below refer to the section numbers of the Agreement. Unless otherwise defined herein, all capitalized terms herein shall have the respective meanings assigned to such terms in the Agreement.
