0001144204-18-060419 Sample Contracts

CREDIT AGREEMENT
Credit Agreement • November 16th, 2018 • Fortress Biotech, Inc. • Pharmaceutical preparations • Delaware

This CREDIT AGREEMENT, dated as of November 12, 2018 (as may be amended or modified from time to time, this “Agreement”), is entered into by and between AVENUE THERAPEUTICS, INC., a Delaware corporation (the “Borrower”), and INVAGEN PHARMACEUTICALS INC., a New York corporation (the “Lender”).

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STOCKHOLDERS AGREEMENT
Stockholders Agreement • November 16th, 2018 • Fortress Biotech, Inc. • Pharmaceutical preparations • Delaware

THIS STOCKHOLDERS AGREEMENT (as may be amended or modified from time to time, this “Agreement”) is made and entered into as of November 12, 2018, by and among InvaGen Pharmaceuticals Inc., a New York Corporation (“Buyer”), Avenue Therapeutics, Inc., a Delaware corporation (the “Company”), and the stockholders of the Company listed on Schedule A hereto (the “Stockholders” and each individually a “Stockholder”).

GUARANTY
Fortress Biotech, Inc. • November 16th, 2018 • Pharmaceutical preparations • Delaware

This GUARANTY, dated as of November 12, 2018 (as may be amended or modified from time to time, this “Guaranty”), is made by FORTRESS BIOTECH, INC., a Delaware corporation (“Guarantor”), in favor of INVAGEN PHARMACEUTICALS INC., a New York corporation (the “Lender”).

WAIVER AND TERMINATION AGREEMENT
Waiver and Termination Agreement • November 16th, 2018 • Fortress Biotech, Inc. • Pharmaceutical preparations • Delaware

THIS WAIVER AND TERMINATION AGREEMENT (as may be amended or modified from time to time, this “Agreement”) is entered into on November 12, 2018, by and among Fortress Biotech, Inc., a Delaware corporation (“Fortress”), Avenue Therapeutics, Inc., a Delaware corporation (the “Company”), and InvaGen Pharmaceuticals Inc., a New York corporation (“Buyer”).

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