ContractAnesiva, Inc. • May 22nd, 2009 • Pharmaceutical preparations • California
THIS NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”). NO SALE, PLEDGE OR DISPOSITION MAY BE EFFECTED EXCEPT IN COMPLIANCE WITH RULE 144 UNDER SAID ACT OR AN EFFECTIVE REGISTRATION STATEMENT RELATED THERETO OR AN OPINION OF COUNSEL FOR THE HOLDER, REASONABLY SATISFACTORY TO THE COMPANY, THAT SUCH REGISTRATION IS NOT REQUIRED UNDER THE ACT.
SUBORDINATION AGREEMENTSubordination Agreement • May 22nd, 2009 • Anesiva, Inc. • Pharmaceutical preparations • California
This Subordination Agreement is made as of May 18, 2009 by and among each of the undersigned creditors (individually, a “Creditor” and, collectively, the “Creditors”), Arcion Therapeutics, Inc. (“Senior Lender”), Anesiva, Inc., a Delaware corporation (“Borrower”) and AlgoRx Pharmaceuticals, Inc., a Delaware corporation (the “Guarantor” and, together with the Borrower, the “Loan Parties”).
ANESIVA, INC. SECURED NOTE PURCHASE AGREEMENTSecured Note Purchase Agreement • May 22nd, 2009 • Anesiva, Inc. • Pharmaceutical preparations • California
THIS SECURED NOTE PURCHASE AGREEMENT (this “Agreement”) is made as of the 18th day of May, 2009 (the “Effective Date”), by and between Anesiva, Inc., a Delaware corporation (the “Company”), and Arcion Therapeutics, Inc. (together with its successors and assignees, “Investor”).
