FIRST AMENDMENT TO SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • January 4th, 2013 • Pernix Therapeutics Holdings, Inc. • Pharmaceutical preparations
This First Amendment (the “Amendment”) to the Securities Purchase Agreement is made and entered into as of December 28, 2012 by and among (i) Cypress Pharmaceuticals, Inc., a Mississippi corporation (the “Company”), (ii) Pernix Therapeutics Holdings, Inc., a Maryland corporation (the “Buyer”), (iii) the holders of all of the outstanding capital stock of the Company (collectively, the “Sellers”) and (iv) for the limited purposes set forth herein and in the Purchase Agreement applicable to the Sellers’ Agent, Stanton Keith Pritchard (the “Sellers’ Agent”).
CREDIT AND GUARANTY AGREEMENT DATED AS OF DECEMBER 31, 2012 AMONG PERNIX THERAPEUTICS HOLDINGS, INC., MIDCAP FUNDING V, LLC, as Administrative Agent, as a Lender and as Co-Bookrunner and Sole Lead Arranger, BUSINESS DEVELOPMENT CORPORATION OF AMERICA,...Credit and Guaranty Agreement • January 4th, 2013 • Pernix Therapeutics Holdings, Inc. • Pharmaceutical preparations • Maryland
This CREDIT AND GUARANTY AGREEMENT is entered into as of December 31, 2012 among, Pernix Therapeutics Holdings, Inc., a Maryland corporation (“Borrower”), the Guarantors (as hereinafter defined) from time to time party hereto, the Lenders (as hereinafter defined) from time to time party hereto, MidCap Funding V, LLC, as a Lender and as Administrative Agent, Co-Bookrunner and Sole Lead Arranger.
