0001193125-14-093978 Sample Contracts

FOURTH AMENDMENT, CONSENT AND WAIVER TO LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • March 11th, 2014 • Immune Pharmaceuticals Inc • Pharmaceutical preparations • Maryland

THIS FOURTH AMENDMENT, CONSENT AND WAIVER TO LOAN AND SECURITY AGREEMENT (this “Agreement”) is dated as of March 6, 2014, by and among IMMUNE PHARMACEUTICALS INC. (f/k/a EpiCept Corporation), a Delaware corporation (“EpiCept”), MAXIM PHARMACEUTICALS INC., a Delaware corporation (“Maxim”), CYTOVIA, INC., a Delaware corporation (“Cytovia”, and collectively with EpiCept and Maxim, the “Borrowers”), MIDCAP FUNDING III, LLC, a Delaware limited liability company in its capacity as agent (“Agent”) for the lenders under the Loan Agreement (as defined below) (“Lenders”), and the Lenders.

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SECURITIES PURCHASE AGREEMENT
Securities Purchase Agreement • March 11th, 2014 • Immune Pharmaceuticals Inc • Pharmaceutical preparations • New York

This Securities Purchase Agreement (this “Agreement”) is dated as of March 10, 2014, between Immune Pharmaceuticals Inc., a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively, the “Purchasers”).

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