NOTE PURCHASE AGREEMENT VALENS U.S. SPV I, LLC and BIOVEST INTERNATIONAL, INC. Dated: October 30, 2007Note Purchase Agreement • November 2nd, 2007 • Biovest International Inc • Pharmaceutical preparations • New York
THIS NOTE PURCHASE AGREEMENT (this “Agreement”) is made and entered into as of October 30, 2007, by and between BIOVEST INTERNATIONAL, INC., a Delaware corporation (the “Company”), and VALENS U.S. SPV I, LLC, a Delaware corporation (the “Purchaser”).
MASTER SECURITY AGREEMENTMaster Security Agreement • November 2nd, 2007 • Biovest International Inc • Pharmaceutical preparations • New York
FUNDS ESCROW AGREEMENTFunds Escrow Agreement • November 2nd, 2007 • Biovest International Inc • Pharmaceutical preparations • New York
This Funds Escrow Agreement (this “Agreement”) is dated as of the 30th day of October 2007 among BIOVEST INTERNATIONAL, INC., a Delaware corporation (the “Company”), VALENS OFFSHORE SPV II, CORP. (the “Purchaser”), and Loeb & Loeb LLP (the “Escrow Agent”):
AMENDMENTSecured Promissory Note Amendment • November 2nd, 2007 • Biovest International Inc • Pharmaceutical preparations • New York
THIS AMENDMENT (this “Amendment”) is entered into as of October 31, 2007, for effectiveness as of April 1, 2007 by and among Biovest International, Inc., a Delaware corporation (the “Company”), each of the other undersigned parties hereto other than the Holders (as defined below) (collectively, the “Subsidiaries and Affiliate” and together with the Company, the “Credit Parties” and each, a “Credit Party”), Laurus Master Fund, Ltd., a Cayman Islands company (“Laurus”), Valens Offshore SPV I, Ltd., a Cayman Islands company (“VOFSPVI”) and Valens Onshore SPV I, LLC., a Delaware limited liability company (“VUSSPVI” and, together with Laurus and VOFSPVI, the “Holders” and each a “Holder”).
