CONSENT TO ASSIGNMENT AGREEMENTConsent to Assignment Agreement • October 12th, 2010 • Zogenix, Inc. • Pharmaceutical preparations • California
This Consent to Assignment Agreement (this “Consent”), dated for reference purposes August 29, 2008, is made by R.B. INCOME PROPERTIES, a California limited partnership, (“Landlord”), to VERUS PHARMACEUTICALS, INC., a Delaware corporation (“Assignor”), and ZOGENIX, INC., a Delaware corporation (“Assignee”).
GENERAL RELEASE OF CLAIMSGeneral Release of Claims • October 12th, 2010 • Zogenix, Inc. • Pharmaceutical preparations • California
This General Release of Claims (“Release”) is entered into as of this 26th day of February, 2010, between David W. Nassif, J.D. (“Executive”), and Zogenix, Inc., a Delaware corporation (the “Company”) (collectively referred to herein as the “Parties”).
ZOGENIX, INC. AMENDMENT TO WARRANTSWarrant Amendment • October 12th, 2010 • Zogenix, Inc. • Pharmaceutical preparations • California
THIS AMENDMENT TO WARRANTS (this “Amendment”) is made and entered into as of October 7, 2010 by and among Zogenix, Inc., a Delaware corporation (the “Company”), and the investors (the “Investors”) holding Warrants (the “Warrants”) issued pursuant to that certain Amended and Restated Series B Preferred Stock Purchase Agreement dated December 2, 2009 by and among the Company and the persons and entities listed on the Schedule of Investors thereto.
CONSULTING AGREEMENTConsulting Agreement • October 12th, 2010 • Zogenix, Inc. • Pharmaceutical preparations • California
THIS CONSULTING AGREEMENT (this “Agreement”) is effective as of March 1, 2010 (the “Effective Date”), by and between ZOGENIX, INC., a Delaware corporation (the “Company”), and David Nassif (the “Consultant”).
SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • October 12th, 2010 • Zogenix, Inc. • Pharmaceutical preparations • California
THIS SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of October 8, 2010 (the “Effective Date”) among OXFORD FINANCE CORPORATION (in its individual capacity, “Oxford”; in its capacity as Administrative Agent, “Administrative Agent”; collectively with the other Lenders from time to time a party hereto, the “Lenders”, and Oxford and each such lender individually, a “Lender”) and ZOGENIX, INC., a Delaware corporation (“Borrower”), amends and restates the terms of that certain Loan and Security Agreement by and among Oxford, Administrative Agent, the Lenders party thereto and Borrower, dated as of June 30, 2008 (as amended from time to time, including by that certain Amended and Restated Loan and Security Agreement dated as of July 1, 2010, the “Original Agreement”), and provides the terms on which Lenders shall lend to Borrower and Borrower shall repay Lenders. The parties agree as follows:
