ContractWarrant Agreement • June 16th, 2015 • Pulmatrix, Inc. • Pharmaceutical preparations • California
THIS WARRANT AND THE SHARES ISSUABLE UPON EXERCISE HEREOF HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR ANY STATE SECURITIES LAWS, AND MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED, OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT RELATED THERETO OR, SUBJECT TO SECTION 11 HEREOF, AN OPINION OF COUNSEL (WHICH MAY BE COMPANY COUNSEL) REASONABLY SATISFACTORY TO THE COMPANY THAT SUCH REGISTRATION IS NOT REQUIRED UNDER THE ACT, OR ANY APPLICABLE STATE SECURITIES LAWS.
JOINDER AGREEMENTJoinder Agreement • June 16th, 2015 • Pulmatrix, Inc. • Pharmaceutical preparations
This Joinder Agreement (the “Joinder Agreement”) is made and dated as of June 15, 2015, and is entered into by and between Pulmatrix, Inc. (f/k/a Ruthigen, Inc.), a Delaware corporation (“Joining Party”), and HERCULES TECHNOLOGY GROWTH CAPITAL, INC., a Maryland corporation (as “Agent”).
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • June 16th, 2015 • Pulmatrix, Inc. • Pharmaceutical preparations • California
THIS LOAN AND SECURITY AGREEMENT is made and dated as of June 11, 2015 and is entered into by and among Pulmatrix Inc., a Delaware corporation, and each of its subsidiaries (hereinafter collectively referred to as “Borrower”), the several banks and other financial institutions or entities from time to time parties to this Agreement (collectively referred to as “Lender”), and HERCULES TECHNOLOGY GROWTH CAPITAL, INC., a Maryland corporation, as administrative agent (in such capacity, “Agent”) and as a Lender.
