SECURITY AGREEMENTSecurity Agreement • June 14th, 2011 • Accentia Biopharmaceuticals Inc • Pharmaceutical preparations • Illinois
THIS SECURITY AGREEMENT (this “Agreement”) is made and is entered into as of the 13th day of June, 2011, by ACCENTIA BIOPHARMACEUTICALS, INC., a Florida corporation (the “Borrower”), in favor of CORPS REAL, LLC, an Illinois limited liability company (the “Secured Party”).
ESCROW AGREEMENTEscrow Agreement • June 14th, 2011 • Accentia Biopharmaceuticals Inc • Pharmaceutical preparations • Florida
ESCROW AGREEMENT dated as of this 13th day of June 2011, by and among ACCENTIA BIOPHARMACEUTICALS, INC., a Florida corporation (the “Company”), CORPS REAL, LLC, an Illinois limited liability company (“Secured Party”), and ROCKE, MCLEAN & SBAR, P.A. (the “Agent”).
SECURED PROMISSORY NOTESecured Promissory Note • June 14th, 2011 • Accentia Biopharmaceuticals Inc • Pharmaceutical preparations • Illinois
FOR VALUE RECEIVED, the undersigned, ACCENTIA BIOPHARMACEUTICALS, INC., a Florida corporation (the “Borrower”), with a mailing address of 324 South Hyde Park Avenue, Suite 350, Tampa, Florida 33606, hereby promises to pay to the order of CORPS REAL, LLC, an Illinois limited liability company (the “Lender”), with a mailing address of 1602 W. Kimmel Street, Marion, Illinois 62929, up to the maximum principal amount of Four Million Dollars ($4,000,000.00) based on the amount advanced by Lender to borrower under this Secured Promissory Note (the “Principal Amount”), together with interest on the unpaid Principal Amount outstanding from time to time at the rate or rates hereafter specified and on any and all other sums which may be owing to the Lender by the Borrower hereunder.
COMMON STOCK PURCHASE WARRANT ACCENTIA BIOPHARMACEUTICALS, INC.Security Agreement • June 14th, 2011 • Accentia Biopharmaceuticals Inc • Pharmaceutical preparations • Illinois
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, CORPS REAL, LLC. (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time commencing on the Issue Date (the “Initial Exercise Date”) and ending on the close of business on June 13, 2016 (the “Termination Date”) but not thereafter, to subscribe for and purchase from Accentia Biopharmaceuticals, Inc., a Florida corporation (the “Company”), up to 5,882,353 shares (the “Warrant Shares”) of Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).
