AMENDED AND RESTATED WARRANT AGREEMENT To Purchase Shares of the Common Stock of Cempra, Inc. Dated as of December 20, 2011 (the “Effective Date”) Amended and Restated on May 31, 2013 (the “Amendment Date”)Warrant Agreement • June 6th, 2013 • Cempra, Inc. • Pharmaceutical preparations • California
WHEREAS, CEMPRA, Inc., a Delaware corporation, has entered into a Loan and Security Agreement dated as of the Effective Date, as amended, supplemented or otherwise modified (the “Loan Agreement”) with Hercules Technology Growth Capital, Inc., a Maryland corporation (the “Warrantholder”), and Hercules Capital Funding Trust 2012-1;
AMENDMENT NO. 2 TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • June 6th, 2013 • Cempra, Inc. • Pharmaceutical preparations
THIS AMENDMENT NO. 2 TO LOAN AND SECURITY AGREEMENT (this “Amendment”) is entered into as of May 31, 2013, by and among CEMPRA, INC., a Delaware corporation (“Parent”), and each of its subsidiaries signatory hereto (hereinafter individually referred to as a “Borrower” and collectively referred to as “Borrowers”), and HERCULES CAPITAL FUNDING TRUST 2012-1, as a lender (the “Trust”) and HERCULES TECHNOLOGY GROWTH CAPITAL, INC., as a lender (“HTGC”, and together with the Trust, collectively, “Lender”) and as agent for Lender (“Agent”).
WARRANT AGREEMENT To Purchase Shares of Common Stock of Cempra, Inc. Dated as of May 31, 2013 (the “Effective Date”)Warrant Agreement • June 6th, 2013 • Cempra, Inc. • Pharmaceutical preparations • California
WHEREAS, Cempra, Inc., a Delaware corporation, has entered into a Loan and Security Agreement dated as of December 20, 2011, as amended, supplemented or otherwise modified (the “Loan Agreement”) with Hercules Technology Growth Capital, Inc., a Maryland corporation (the “Warrantholder”), and Hercules Capital Funding Trust 2012-1;
