SECURITY AGREEMENTSecurity Agreement • May 12th, 2008 • Nanogen Inc • Laboratory analytical instruments • New York
THIS SECURITY AGREEMENT is made as of the 28th day of March, 2008 between Drug Royalty LP2, a limited partnership organized and existing under the laws of the State of Delaware (“Secured Party”), and Epoch Biosciences, Inc., a corporation organized and existing under the laws of the State of Delaware (“Debtor”), with its principal executive offices at 10398 Pacific Center Court, San Diego, CA 92121.
AMENDMENT AND EXCHANGE AGREEMENTAmendment and Exchange Agreement • May 12th, 2008 • Nanogen Inc • Laboratory analytical instruments • New York
AMENDMENT AND EXCHANGE AGREEMENT (the “Agreement”), dated as of March 13, 2008, by and among Nanogen Inc., a Delaware corporation, with headquarters located at 10398 Pacific Center Court, San Diego, California 92121 (the “Company”), and (the “Investor”).
ROYALTY INTEREST ASSIGNMENT AGREEMENT between EPOCH BIOSCIENCES, INC. as Assignor and DRUG ROYALTY LP2 as Assignee March 28, 2008Royalty Interest Assignment Agreement • May 12th, 2008 • Nanogen Inc • Laboratory analytical instruments • New York
WHEREAS Assignor is a party to a Second Amended and Restated Collaboration, License and Supply Agreement with Applera Corporation (the “Licensee”) dated as of August 17, 2000, as amended by the First Side Agreement dated October 31, 2001, the Amendment No. 1 to the Second Amended and Restated Collaboration, License and Supply Agreement dated July 26, 2002 and Amendment No. 2 to the Second Amended and Restated Collaboration, License and Supply Agreement dated as of December 31, 2005 (collectively, the “License Agreement”);
SUPPLEMENTAL ROYALTY INTEREST ASSIGNMENT AGREEMENT between EPOCH BIOSCIENCES, INC. as Assignor and DRUG ROYALTY LP1 as Assignee and NANOGEN, INC. March 28, 2008Supplemental Royalty Interest Assignment Agreement • May 12th, 2008 • Nanogen Inc • Laboratory analytical instruments • New York
WHEREAS Assignor is a party to a Second Amended and Restated Collaboration, License and Supply Agreement with Applera Corporation (the “Licensee”) dated as of August 17, 2000, as amended by the First Side Agreement dated October 31, 2001, Amendment No. 1 to the Second Amended and Restated Collaboration, License and Supply Agreement dated July 26, 2002 and Amendment No. 2 to the Second Amended and Restated Collaboration, License and Supply Agreement dated as of December 31, 2005 (collectively, the “License Agreement”);
