GUARANTEE AND COLLATERAL AGREEMENT DATED AS OF OCTOBER 5, 2012 BY AXOGEN, INC., AND AXOGEN CORPORATION, AS GRANTORS IN FAVOR OF PDL BIOPHARMA, INC., AS PURCHASERGuarantee and Collateral Agreement • August 7th, 2013 • AxoGen, Inc. • Electromedical & electrotherapeutic apparatus • New York
GUARANTEE AND COLLATERAL AGREEMENT, dated as of October 5, 2012 by AXOGEN, INC., a Minnesota corporation ( the “Seller”; and together with any other entity on the signature pages hereto or that may become a party hereto as a grantor as provided herein, each a “Grantor” and collectively, jointly and severally, the “Grantors”), in favor of PDL BIOPHARMA, INC., a Delaware corporation, as Purchaser (in such capacity, the “Purchaser”) under the Revenue Interests Purchase Agreement, dated as of October 5, 2012 (as amended, supplemented or otherwise modified from time to time, the “Purchase Agreement”) between the Seller and the Purchaser.
