AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • June 21st, 2010 • Cadence Pharmaceuticals Inc • Pharmaceutical preparations • California
THIS AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Agreement”) dated June 18, 2010 by and among OXFORD FINANCE CORPORATION (“Oxford”), Oxford in its capacity as collateral agent on behalf of the Lenders (the “Collateral Agent”); SILICON VALLEY BANK, a California-chartered bank, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 (“SVB”); GE BUSINESS FINANCIAL SERVICES INC., formerly known as Merrill Lynch Business Financial Services Inc. (“GEBFS”) (Oxford, SVB and GEBFS, each a “Lender” and collectively “Lenders”); and CADENCE PHARMACEUTICALS, INC., a Delaware corporation, whose address is 12481 High Bluff Drive, Suite 200, San Diego, California 92130 (“Borrower”) provides the terms on which Lenders shall lend to Borrower and Borrower shall repay Lenders.
WARRANT TO PURCHASE STOCKLoan Agreement • June 21st, 2010 • Cadence Pharmaceuticals Inc • Pharmaceutical preparations • California
THIS WARRANT CERTIFIES THAT, for good and valuable consideration, including without limitation the mutual promises contained in that certain Amended and Restated Loan and Security Agreement dated as of June 18, 2010 (as amended, the “Loan Agreement”) entered into by and among [ ] (“Holder”), [Oxford Finance Corporation,] [Silicon Valley Bank,] [GE Business Financial Services, Inc., formerly known as Merrill Lynch Business Financial Services Inc.] and the company named above (the “Company”), Holder is entitled to purchase the number of fully paid and nonassessable shares of Common Stock (the “Shares”) of the Company at the Warrant Price, all as set forth above and as adjusted pursuant to Article 2 of this Warrant, subject to the provisions and upon the terms and conditions set forth in this Warrant. This Warrant is issued in connection with the Loan Agreement.
