0001193125-13-279522 Sample Contracts

Contract
Facility Agreement • July 1st, 2013 • Mannkind Corp • Pharmaceutical preparations • New York

FACILITY AGREEMENT (this “Agreement”), dated as of July 1, 2013, between MannKind Corporation, a Delaware corporation (the “Borrower”), and the purchasers set forth on the signature page of this Agreement (the “Purchasers”, and together with the Borrower, the “Parties”).

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MILESTONE RIGHTS PURCHASE AGREEMENT
Milestone Rights Purchase Agreement • July 1st, 2013 • Mannkind Corp • Pharmaceutical preparations • New York

THIS MILESTONE RIGHTS PURCHASE AGREEMENT (this “Agreement”) is dated as of July 1, 2013, by and among Mannkind Corporation (the “Company”), and Deerfield Private Design Fund II, L.P. , a Delaware limited partnership (“DPDF”), and Horizon Santé FLML SÀRL, a Luxembourg Société à Responsibilité Limitée (“HS” and together with DPDF, “Purchasers”).

REGISTRATION RIGHTS AGREEMENT
Registration Rights Agreement • July 1st, 2013 • Mannkind Corp • Pharmaceutical preparations • New York

REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of July 1, 2013, by and among MannKind Corporation, a Delaware corporation (the “Company”), and those purchasers set forth on Schedule 1 to the Facility Agreement (as defined below) (each individually, a “Purchaser” and together, the “ Purchasers”).

GUARANTY AND SECURITY AGREEMENT among MANNKIND CORPORATION and THE OTHER PARTIES HERETO, as Grantors and Guarantors, and DEERFIELD PRIVATE DESIGN FUND II, L.P. and DEERFIELD PRIVATE DESIGN INTERNATIONAL II, L.P., as Purchasers and DEERFIELD PRIVATE...
Guaranty and Security Agreement • July 1st, 2013 • Mannkind Corp • Pharmaceutical preparations • New York

THIS GUARANTY AND SECURITY AGREEMENT dated as of July 1, 2013 (this “Agreement”) is entered into among MANNKIND CORPORATION, a Delaware corporation (“Borrower”), MANNKIND LLC, a Delaware limited liability company (“MLLC”), and each other Person signatory hereto as a Grantor (together with Borrower and MLLC and any other Person that becomes a party hereto as provided herein, the “Grantors” and each, a “Grantor”) in favor of DEERFIELD PRIVATE DESIGN FUND II, L.P. and DEERFIELD PRIVATE DESIGN INTERNATIONAL II, L.P. (the “Purchasers”) and DEERFIELD PRIVATE DESIGN FUND II, L.P., and HORIZON SANTÉ FLML SÀRL (“Milestone Creditors”, and together with the Purchasers, each a “Secured Creditor” and collectively the “Secured Creditors”).

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