SUBORDINATION AGREEMENTSubordination Agreement • March 29th, 2013 • Durata Therapeutics, Inc. • Pharmaceutical preparations • New York
This Subordination Agreement (the “Agreement”) is made as of March 5, 2013, by and among each of the parties listed as a creditor on a signature page hereto (each, a “Creditor”), and OXFORD FINANCE LLC, a Delaware limited liability company with an office located at 133 North Fairfax Street, Alexandria, Virginia 22314, in its capacity as Collateral Agent (as hereinafter defined) for the Lenders (as hereinafter defined).
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • March 29th, 2013 • Durata Therapeutics, Inc. • Pharmaceutical preparations
THIS LOAN AND SECURITY AGREEMENT (as the same may from time to time be amended, modified, supplemented or restated, this “Agreement”) dated as of March 5, 2013 (the “Effective Date”) among OXFORD FINANCE LLC, a Delaware limited liability company (“Oxford”), as collateral agent (in such capacity, “Collateral Agent”), the Lenders listed on Schedule 1.1 hereof or otherwise a party hereto from time to time including Oxford in its capacity as a Lender (each a “Lender” and collectively, the “Lenders”), and DURATA THERAPEUTICS HOLDING C.V., a limited partnership (commanditaire vennootschap) organized under the laws of the Netherlands (“Durata C.V.”) and DURATA THERAPEUTICS INTERNATIONAL B.V., a private company with limited liability (besloten vennootschap met beperkte aansprakelijkheid) incorporated under the laws of the Netherlands, having its corporate seat (statutaire zetel) in Amsterdam, the Netherlands, and which is registered with the Chamber of Commerce of Amsterdam under registration
SECURITY AGREEMENTSecurity Agreement • March 29th, 2013 • Durata Therapeutics, Inc. • Pharmaceutical preparations
This Security Agreement (this “Agreement”) is entered into as of March 5, 2013, by and between OXFORD FINANCE LLC (“Oxford”; and, in its capacity as collateral agent for the Lenders under the Loan Agreement (as defined below), “Collateral Agent”) and each of the undersigned pledgors (each a “Pledgor” and collectively, the “Pledgors”).
UNCONDITIONAL GUARANTYUnconditional Guaranty • March 29th, 2013 • Durata Therapeutics, Inc. • Pharmaceutical preparations
This continuing Unconditional Guaranty (“Guaranty”) is entered into as of March 5, 2013, by each of the undersigned (each a “Guarantor” and collectively “Guarantors”), in favor of OXFORD FINANCE LLC (“Oxford”; and, in its capacity as collateral agent for the Lenders under the Loan Agreement (as defined below), “Collateral Agent”).
