HANA BIOSCIENCES, INC. REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • June 11th, 2010 • Hana Biosciences Inc • Pharmaceutical preparations • Delaware
This Registration Rights Agreement (this “Agreement”), dated June 7, 2010, among Hana Biosciences, Inc., a Delaware corporation (the “Company”), and the purchasers signatory hereto (each, a “Purchaser”, and collectively, the “Purchasers”), is entered into pursuant to that certain Investment Agreement, dated June 7, 2010, by and between the Company and the Purchasers (the “Investment Agreement”), providing for the Company’s issuance and sale of (a) Series A-1 Convertible Preferred Stock (the “Series A-1 Preferred Shares”), which will be, upon issuance, convertible into authorized but unissued shares (“Series A-1 Conversion Shares”) of common stock, par value $0.001 per share, of the Company (the “Common Stock”), and will have the terms set forth in the Certificate of Designations for such Series A-1 Preferred Shares (the “Series A-1 Certificate of Designation”) and (b) Series A-2 Convertible Preferred Stock (the “Series A-2 Preferred Shares”, the Series A-1 Preferred Shares and the Seri
INVESTMENT AGREEMENT by and among THE PURCHASERS NAMED HEREIN and HANA BIOSCIENCES, INC. JUNE 7, 2010Investment Agreement • June 11th, 2010 • Hana Biosciences Inc • Pharmaceutical preparations • Delaware
Hana Biosciences, Inc., a Delaware corporation (the “Company”), hereby agrees with (i) Warburg Pincus Private Equity X, L.P., a Delaware limited partnership (together with any successor, assign or transferee, including any transferee of the Securities (as defined herein), “WPX”), and Warburg Pincus X Partners, L.P., a Delaware limited partnership (together with any successor, assign or transferee, including any transferee of the Securities, “WP Partners”, and together with WPX, each a “WP Purchaser” and collectively the “WP Purchasers”), and (ii) Deerfield Private Design Fund, L.P., a Delaware limited partnership (together with any successor, assign or transferee, including any transferee of the Securities, “Deerfield Private Design”), Deerfield Private Design International, L.P., a limited partnership organized under the laws of the British Virgin Islands (together with any successor, assign or transferee, including any transferee of the Securities, “Deerfield Private Design Internati
FIRST AMENDMENT TO FACILITY AGREEMENTFacility Agreement • June 11th, 2010 • Hana Biosciences Inc • Pharmaceutical preparations • New York
FIRST AMENDMENT dated as of June 7, 2010 (this “Amendment”), to that certain Facility Agreement dated as of October 30, 2007 (as amended, supplemented or otherwise modified from time to time, the “Facility Agreement”), between Hana Biosciences Inc. (the “Borrower”) and Deerfield Private Design Fund, L.P. (“Deerfield Private Design Fund”), Deerfield Special Situation Fund, L.P. (“Deerfield Special Situation Fund”), Deerfield Special Situations Fund International Limited (“Deerfield International”) and Deerfield Private Design International, L.P. (“Deerfield Private Design International” and, together with Deerfield Private Design Fund, Deerfield Special Situation Fund and Deerfield International, the “Lenders”). Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in the Facility Agreement.
INDEMNIFICATION AGREEMENTIndemnification Agreement • June 11th, 2010 • Hana Biosciences Inc • Pharmaceutical preparations • Delaware
THIS INDEMNIFICATION AGREEMENT (the “Agreement”) is made as of the 7th day of 2010 by and between Hana Biosciences, Inc., a Delaware corporation (the “Company”), and [__________] (the “Indemnitee”).
