HORIZON PHARMA, INC. AND U.S. BANK NATIONAL ASSOCIATION, as Trustee INDENTURE Dated as of November 22, 2013 5.00% Convertible Senior Notes due 2018Indenture • November 25th, 2013 • Horizon Pharma, Inc. • Pharmaceutical preparations • New York
INDENTURE dated as of November 22, 2013 between HORIZON PHARMA, INC., a Delaware corporation, as issuer (the “Company,” as more fully set forth in Section 1.01) and U.S. BANK NATIONAL ASSOCIATION, a national banking association, as trustee (the “Trustee,” as more fully set forth in Section 1.01).
Deutsche Bank Deutsche Bank AG, London Branch Winchester HouseCall Option Transaction • November 25th, 2013 • Horizon Pharma, Inc. • Pharmaceutical preparations
New York, New York 10167 New York, NY 10020Call Option Transaction • November 25th, 2013 • Horizon Pharma, Inc. • Pharmaceutical preparations
The purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the call option transaction entered into between Société Générale (“Dealer”) and Horizon Pharma, Inc. (“Counterparty”) as of the Trade Date specified below (the “Transaction”). Dealer is acting as principal and SG Americas Securities, LLC (“Agent”), its affiliate, is acting as agent for Dealer for the Transaction under this Confirmation. This letter agreement constitutes a “Confirmation” as referred to in the ISDA Master Agreement specified below. This Confirmation shall replace any previous agreements and serve as the final documentation for the Transaction.
