CREDIT FACILITY AGREEMENTCredit Facility Agreement • November 9th, 2016 • Fortress Biotech, Inc. • Pharmaceutical preparations • New York
CREDIT FACILITY AGREEMENT (this “Agreement”), dated as of September 14, 2016, is made by and among FORTRESS BIOTECH, INC., a Delaware corporation (the “Borrower”), and each of OPUS POINT HEALTHCARE INNOVATIONS FUND, LP (“Opus”) and any other lenders listed on the signature pages hereto (Opus and any other lenders, together with their successors and permitted assigns, the “Lenders” and, together with the Borrower, the “Parties”).
FORM OF COMMON STOCK PURCHASE WARRANTFortress Biotech, Inc. • November 9th, 2016 • Pharmaceutical preparations
CONVERTIBLE SECURED PROMISSORY NOTEFortress Biotech, Inc. • November 9th, 2016 • Pharmaceutical preparations • New York
Capitalized terms used and not otherwise defined herein shall have the meanings ascribed to them in that certain Credit Facility Agreement, dated as of September 14, 2016, by and among Fortress Biotech, Inc. (the “Company”), Opus Point Healthcare Innovations Fund, LP and other lenders (if any) listed on the signature pages thereto (the “Facility Agreement”).
