Warrant to Purchase Common Stock of ISTA PHARMACEUTICALS, INC.Warrant Agreement • September 30th, 2008 • Ista Pharmaceuticals Inc • In vitro & in vivo diagnostic substances • New York
[ ] (“[ ]”) intends to transfer Warrants (the “Warrants”) of the Company to (“ ”) without registration under the Securities Act of 1933, as amended (the “Securities Act”). In connection therewith, we have examined and relied upon the truth of representations contained in an Investor Representation Letter attached hereto and have examined such other documents and issues of law as we have deemed relevant.
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • September 30th, 2008 • Ista Pharmaceuticals Inc • In vitro & in vivo diagnostic substances • New York
REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of September 26, 2008, by and between ISTA PHARMACEUTICALS, INC., a Delaware corporation (the “Company”), and those lenders set forth on Schedule 1 to the Facility Agreement (as defined below) (individually a “Lender” and together, the “Lenders”).
SECURITY AGREEMENTSecurity Agreement • September 30th, 2008 • Ista Pharmaceuticals Inc • In vitro & in vivo diagnostic substances • New York
SECURITY AGREEMENT (this “Agreement”) dated as of September 26, 2008, between ISTA PHARMACEUTICALS, INC., a Delaware corporation (the “Debtor”), and the entities identified as secured parties on the signature page of this Agreement. (together, the “Secured Party”).
FACILITY AGREEMENTFacility Agreement • September 30th, 2008 • Ista Pharmaceuticals Inc • In vitro & in vivo diagnostic substances • New York
FACILITY AGREEMENT (this “Agreement”), dated as of September 26, 2008 (the “Agreement Date”), between ISTA Pharmaceuticals, Inc., a Delaware corporation (the “Borrower”), and those lenders set forth on Schedule 1 attached hereto (individually, a “Lender” and together, the “Lenders” and, together with the Borrower, the “Parties”).
AMENDMENTAmendment • September 30th, 2008 • Ista Pharmaceuticals Inc • In vitro & in vivo diagnostic substances
This AMENDMENT (the “Amendment”) is entered into as of September 26, 2008, by and between ISTA Pharmaceuticals, Inc., a Delaware corporation (the “Company”) and Highbridge International LLC (“Highbridge”).
LOAN MODIFICATION AGREEMENTLoan Modification Agreement • September 30th, 2008 • Ista Pharmaceuticals Inc • In vitro & in vivo diagnostic substances
This Loan Modification Agreement (the “Agreement”) is entered into as of September 26, 2008, by and between ISTA PHARMACEUTICALS, INC., a Delaware corporation (the “Borrower”) and SILICON VALLEY BANK (“Bank”).
