Loan and Security Agreement (Loan to AutovaxID Investment LLC, for Investment Through St. Louis New Markets Tax Credit Fund-II, LLC into a portion of Biovest International Inc.’s subsidiary, AutovaxID, Inc., qualifying as a QALICB under Section 45D of...Loan and Security Agreement • December 14th, 2006 • Accentia Biopharmaceuticals Inc • Pharmaceutical preparations • Delaware
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”), made as of December 8, 2006 (the “Effective Date”), by AutovaxID Investment LLC, a Missouri limited liability company (“Borrower”), having an office at 1015 Locust Street, Suite 1200, St. Louis, Missouri 63101, for the benefit of Biolender II, LLC, a Delaware limited liability company, its successors and/or assigns (“Lender”), having an office at 324 S. Hyde Park Ave., Suite 350, Tampa, Florida 33606.
INDEMNIFICATION AGREEMENTIndemnification Agreement • December 14th, 2006 • Accentia Biopharmaceuticals Inc • Pharmaceutical preparations
THIS AGREEMENT, made on this 8th day of December, 2006, by and between Biovest International, Inc. (“Biovest”), a Delaware corporation with a place of business at 324 S. Hyde Park Ave., Suite 350, Tampa, FL 33606, and Steven Arikian, with an address of 151 Beach 147th, Neponsit, NY 11694, (“Guarantor”) is as follows:
INDEMNIFICATION AGREEMENTIndemnification Agreement • December 14th, 2006 • Accentia Biopharmaceuticals Inc • Pharmaceutical preparations
THIS AGREEMENT, made on this 8th day of December, 2006, by and between Biovest International, Inc. (“Biovest”), a Delaware corporation with a place of business at 324 S. Hyde Park Ave., Suite 350, Tampa FL 33606, and Ronald E. Osman, with an address of 1602 West Kimmel Street, Marion, IL 62959, (“Guarantor”) is as follows:
INDEMNIFICATION AGREEMENTIndemnification Agreement • December 14th, 2006 • Accentia Biopharmaceuticals Inc • Pharmaceutical preparations
THIS AGREEMENT, made on this 8th day of December, 2006, by and between Biovest International, Inc. (“Biovest”), a Delaware corporation with a place of business at 324 S. Hyde Park Ave., Suite 350, Tampa FL 33606, and Dennis Ryll, with an address of 2595 Red Springs Drive, Las Vegas, Nevada 89135, (“Guarantor”) is as follows:
INDEMNIFICATION AGREEMENTIndemnification Agreement • December 14th, 2006 • Accentia Biopharmaceuticals Inc • Pharmaceutical preparations
THIS AGREEMENT, made on this 8th day of December, 2006, by and between Biovest International, Inc. (“Biovest”), a Delaware corporation with a place of business at 324 S. Hyde Park Ave., Suite 350, Tampa, FL 33606, and Alan Pearce, with an address of 324 S. Hyde Park Ave., Suite 350, Tampa, FL 33606, (“Guarantor”) is as follows:
INDEMNIFICATION AGREEMENTIndemnification Agreement • December 14th, 2006 • Accentia Biopharmaceuticals Inc • Pharmaceutical preparations
THIS AGREEMENT, made on this 8th day of December, 2006, by and between Biovest International, Inc. (“Biovest”), a Delaware corporation with a place of business at 324 S. Hyde Park Ave., Suite 350, Tampa, FL 33606, and Steven J. Stogel, with an address of 7777 Bonhomme Ave., Suite 1210, St. Louis, MO 63105, (“Guarantor”) is as follows:
INDEMNIFICATION AGREEMENTIndemnification Agreement • December 14th, 2006 • Accentia Biopharmaceuticals Inc • Pharmaceutical preparations
THIS AGREEMENT, made on this 8th day of December, 2006, by and between Biovest International, Inc. (“Biovest”), a Delaware corporation with a place of business at 324 S. Hyde Park Ave., Suite 350, Tampa, FL 33606, and Donald Ferguson, with an address of 11477 Olde Cabin Rd., Suite 110, St. Louis, MO 63141, (“Guarantor”) is as follows:
INDEMNIFICATION AGREEMENTIndemnification Agreement • December 14th, 2006 • Accentia Biopharmaceuticals Inc • Pharmaceutical preparations
THIS AGREEMENT, made on this 8th day of December, 2006, by and between Biovest International, Inc. (“Biovest”), a Delaware corporation with a place of business at 324 S. Hyde Park Ave., Suite 350, Tampa FL 33606, and Francis E. O’Donnell Jr., M.D., Hopkins Capital Group II, LLC and The O’Donnell Irrevocable Trust with an address of 709 The Hamptons Lane, Town and Country, MO 63017, (“Guarantor”) is as follows:
GUARANTYGuaranty • December 14th, 2006 • Accentia Biopharmaceuticals Inc • Pharmaceutical preparations • Delaware
THIS GUARANTY (this “Guaranty”) is made as of the 8th day of December, 2006 by and among HOPKINS CAPITAL GROUP II, LLC (“Hopkins”), FRANCIS E. O’DONNELL, JR. (“O’Donnell”), KATHLEEN M. O’DONNELL, TRUSTEE OF THE FRANCIS E. O’DONNELL, JR. IRREVOCABLE TRUST (the “O’Donnell Trust”), DENNIS L. RYLL (“Ryll”), RONALD E. OSMAN (“Osman”), ALAN M. PEARCE (“Pearce”), STEVEN ARIKIAN (“Arikian”), STEVEN J. STOGEL (“Stogel”), DONALD L. FERGUSON (“Ferguson”) and DONALD L. FERGUSON, TRUSTEE OF THE DONALD L. FERGUSON REVOCABLE TRUST (the “Ferguson Trust”) (O’Donnell, the O’Donnell Trust, Ryll, Osman, Pearce, Arikian, Stogel, Ferguson and the Ferguson Trust, whether one or more, hereinafter called “Individual Guarantor” in the singular), BIOVEST INTERNATIONAL, INC., a Delaware corporation (“Biovest”) (Biovest and the Individual Guarantors, whether one or more, hereinafter called “Guarantor” in the singular) to and for the benefit of U.S. BANCORP COMMUNITY INVESTMENT CORPORATION, a Delaware corporation (
TAX CREDIT REIMBURSEMENT AND INDEMNITY AGREEMENTTax Credit Reimbursement and Indemnity Agreement • December 14th, 2006 • Accentia Biopharmaceuticals Inc • Pharmaceutical preparations • Delaware
THIS TAX CREDIT REIMBURSEMENT AND INDEMNITY AGREEMENT (this “Agreement”), dated as of December 8, 2006, is by and among AUTOVAXID, INC., a Florida corporation, (“Borrower” or “Indemnitor”), having an address at 377 Plantation Street, Worcester, Massachusetts 01605, for the benefit of U.S. BANCORP COMMUNITY INVESTMENT CORPORATION, a Delaware corporation (the “Investor”), whose address is 1307 Washington Ave., Suite 300, St. Louis, Missouri 63103, or at such other address as it shall designate.
LICENSE AGREEMENT BETWEEN BIOVEST INTERNATIONAL, INC. AND AUTOVAXID, INC.License Agreement • December 14th, 2006 • Accentia Biopharmaceuticals Inc • Pharmaceutical preparations • Delaware
