SECURED PROMISSORY NOTESecured Promissory Note • July 5th, 2007 • Acura Pharmaceuticals, Inc • Pharmaceutical preparations • New York
FOURTH AMENDMENT, WAIVER AND CONSENT TO LOAN AGREEMENTLoan Agreement • July 5th, 2007 • Acura Pharmaceuticals, Inc • Pharmaceutical preparations • New York
THIS FOURTH AMENDMENT, WAIVER AND CONSENT TO LOAN AGREEMENT, dated as of June 28, 2007 (the “Fourth Amendment”), is made and entered into by and between Acura Pharmaceuticals, Inc., a New York corporation (“Borrower”), and Galen Partners III, L.P., a Delaware limited partnership, as Agent under that certain Noteholders Agreement dated as of February 6, 2004 (“Lender”). Capitalized terms used herein and not otherwise defined shall have the meaning provided in the Loan Agreement (as defined below).
CONSENT AND AMENDMENT TO NOTEHOLDERS AGREEMENTNoteholders Agreement • July 5th, 2007 • Acura Pharmaceuticals, Inc • Pharmaceutical preparations • New York
This Consent and Amendment (the “Amendment”) to Noteholders Agreement (“Agreement”) dated as of February 6, 2004 by and among Essex Woodlands Health Ventures V, L.P., a Delaware limited partnership (“Essex”), Galen Partners III, L.P., a Delaware limited partnership (“Galen”), acting in its capacity as a Holder (as defined herein) and as agent for the Holders (“Agent”) and Care Capital Investments II, L.P., a Delaware limited partnership (“Care Capital”), certain of the affiliates of Care Capital and Galen and certain other participants in the Senior Note (such affiliates and participants, together with Galen, Care and Essex, the “Holders”), is dated as of June 28, 2007. Capitalized terms appearing in this Amendment without definition will have the meanings ascribed to such terms in the Agreement.
