SECURITY AGREEMENT DATED AS OF OCTOBER 31, 2013 BY AND AMONG DURATA THERAPEUTICS HOLDING C.V., DURATA THERAPEUTICS INTERNATIONAL B.V., DURATA THERAPEUTICS, INC., AND CERTAIN SUBSIDIARIES OF DURATA THERAPEUTICS, INC. PARTY HERETO AS GRANTORS, IN FAVOR...Security Agreement • March 14th, 2014 • Durata Therapeutics, Inc. • Pharmaceutical preparations • New York
SECURITY AGREEMENT (the “Agreement”), dated as of October 31, 2013, by DURATA THERAPEUTICS HOLDING C.V., a limited partnership organized under the laws of the Netherlands (“Durata C.V.”), DURATA THERAPEUTICS INTERNATIONAL B.V., a private company with limited liability incorporated under the laws of the Netherlands having its official seat in Amsterdam, the Netherlands, and which is registered with the Dutch trade register under number 55527221 (“Durata B.V.”), DURATA THERAPEUTICS, INC., a Delaware corporation (“Parent”), Durata Therapeutics U.S. Limited, a Delaware corporation (“Durata U.S.”) and certain other subsidiaries of Parent that are party hereto (Durata U.S. together with such other subsidiaries, the “Subsidiaries” and together with Durata C.V., Durata B.V., Parent, and any other entity 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., as Collateral Agent (
Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Double asterisks denote omissions. FIRST AMENDMENT TO SUPPLY AGREEMENTSupply Agreement • March 14th, 2014 • Durata Therapeutics, Inc. • Pharmaceutical preparations
THIS AMENDMENT is entered into this 29th day of August, 2013, by and between Gnosis Bioresearch srl, a subsidiary fully owned company by GNOSIS SPA organized under the laws of Italy whose head office is located at Via Pomarico, 75010 Pisticci Scalo (MT), Italy, which is registered in the Commercial Register of Matera under No. 01023770777 (“Gnosis”), and Durata Therapeutics, Inc., a company organized under the laws of the State of Delaware with offices at 200 S. Wacker Drive, Suite 2550, Chicago, IL 60606 USA (“Durata”) (collectively the “Parties”).
CREDIT AGREEMENT dated as of October 31, 2013 among DURATA THERAPEUTICS HOLDING C.V. and DURATA THERAPEUTICS INTERNATIONAL B.V., as Borrowers, DURATA THERAPEUTICS, INC., as Parent, EACH SUBSIDIARY OF PARENT PARTY HERETO, PDL BIOPHARMA, INC., as the...Credit Agreement • March 14th, 2014 • Durata Therapeutics, Inc. • Pharmaceutical preparations • New York
This Credit Agreement dated as of October 31, 2013 (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”), is made among DURATA THERAPEUTICS HOLDING C.V., a limited partnership organized under the laws of the Netherlands (“Durata C.V.”), DURATA THERAPEUTICS INTERNATIONAL B.V., a private company with limited liability incorporated under the laws of the Netherlands having its official seat in Amsterdam, the Netherlands, and which is registered with the Dutch trade register under number 55527221 (“Durata B.V.” and together with Durata C.V., each a “Borrower” and collectively, the “Borrowers”), DURATA THERAPEUTICS, INC., a Delaware corporation (“Parent”), PDL BIOPHARMA, INC., a Delaware corporation (the “Lender”), each Subsidiary of Parent from time to time party hereto and PDL BIOPHARMA, INC., a Delaware corporation, not individually, but as the Agent (as defined below).
GUARANTEE AGREEMENT DATED AS OF OCTOBER 31, 2013 BY AND AMONG DURATA THERAPEUTICS, INC., VICURON PHARMACEUTICALS INC., AND DURATA THERAPEUTICS U.S. LIMITED AS GUARANTORS, IN FAVOR OF PDL BIOPHARMA, INC., AS COLLATERAL AGENTJoinder Agreement • March 14th, 2014 • Durata Therapeutics, Inc. • Pharmaceutical preparations
GUARANTEE AGREEMENT (the “Agreement”), dated as of October 31, 2013, by DURATA THERAPEUTICS, INC., a Delaware corporation (“Parent”), VICURON PHARMACEUTICALS INC., a Delaware corporation (“Vicuron”), and DURATA THERAPEUTICS U.S. LIMITED, a Delaware corporation (“Durata U.S. Limited”, and together with Parent, Vicuron, and any other entity that may become a party hereto as a guarantor as provided herein, each a “Guarantor” and collectively, jointly and severally, the “Guarantors”), in favor of PDL BIOPHARMA, INC., as collateral agent (in such capacity, the “Agent”) under the Credit Agreement, dated as of the date hereof (as amended, amended and restated, supplemented or otherwise modified from time to time, the “Credit Agreement”) by and among DURATA THERAPEUTICS HOLDING C.V., a limited partnership organized under the laws of the Netherlands (“Durata C.V.”), DURATA THERAPEUTICS INTERNATIONAL B.V., a private company with limited liability incorporated under the laws of the Netherlands ha
