EXECUTION COPYCredit and Security Agreement • May 24th, 2007 • Discovery Laboratories Inc /De/ • Biological products, (no disgnostic substances)
THIS CREDIT AND SECURITY AGREEMENT (the “Agreement”) is made as of the 21st day of May, 2007 (the “Closing Date”), by and among MERRILL LYNCH CAPITAL, A DIVISION OF MERRILL LYNCH BUSINESS FINANCIAL SERVICES INC., its successors and assigns (“Lender”), and DISCOVERY LABORATORIES, INC., a Delaware corporation (“Principal Borrower”), and any additional borrower that may hereafter be added to this Agreement (together with Principal Borrower, each individually as a “Borrower” and collectively as “Borrowers”).
