] Shares Endocyte, Inc. Common Stock ($0.001 Par Value) UNDERWRITING AGREEMENTUnderwriting Agreement • July 21st, 2011 • Endocyte Inc • Pharmaceutical preparations • New York
Endocyte, Inc., a Delaware corporation (the “Issuer”), proposes to sell to the several underwriters named in Schedule II hereto (the “Underwriters”), and the stockholder of the Issuer (the “Selling Stockholder”) named in Schedule I hereto proposes to sell to the Underwriters for whom you are acting as representatives (the “Representatives”) an aggregate of 4,841,610 shares (the “Firm Securities”) of the Issuer’s common stock, par value $0.001 per share (the “Common Stock”) pursuant to this underwriting agreement (the “Agreement”), of which 4,000,000 shares are to be issued and sold by the Issuer (the “Issuer Securities”) and 841,610 shares are to be sold by the Selling Stockholder (the “Stockholder Securities”).
SECOND LOAN MODIFICATION AGREEMENTSecond Loan Modification Agreement • July 21st, 2011 • Endocyte Inc • Pharmaceutical preparations • Maryland
This Second Loan Modification Agreement (this “Loan Modification Agreement”) is entered into as of July 19, 2011, by and among (i) MIDCAP FUNDING V, LLC, a Delaware limited liability company, as assignee of MIDCAP FUNDING III, LLC (“MidCap”) in its capacity as agent for Lenders (as defined below) (the “Agent”), the Lenders identified on the signature pages hereto (each a “Lender” and collectively, the “Lenders”), and ENDOCYTE, INC., a Delaware corporation (“Borrower”).
