KEMPHARM, INC. EMPLOYMENT AGREEMENT CHRISTAL MICKLE DATED MAY 30, 2014Employment Agreement • March 11th, 2015 • Kempharm, Inc • Pharmaceutical preparations • Iowa
This EMPLOYMENT AGREEMENT (“Agreement”) is made and entered into effective as of the 30th day of May 2014, by and between KEMPHARM, INC., an Iowa corporation (the “Company”) and CHRISTAL MICKLE (“Executive”) (each being a “Party” hereto and together constituting the “Parties”).
AGREEMENT TO TERMINATE CLA BETWEEN AND KEMPHARM, INC. DATED AS OF MARCH 20, 2012Agreement to Terminate Cla • March 11th, 2015 • Kempharm, Inc • Pharmaceutical preparations
This Agreement to Terminate CLA (“Agreement”), dated as of March 20, 2012 (the “Effective Date”), is between KemPharm, Inc., an Iowa corporation with its principal offices at 7 Hawkeye Drive, Suite 103, North Liberty, Iowa 52317 (“KemPharm”), and [*], a Delaware limited liability company with its principal offices at [*].
KEMPHARM, INC. COMMON STOCK PURCHASE WARRANTCommon Stock Purchase Warrant • March 11th, 2015 • Kempharm, Inc • Pharmaceutical preparations
Upon and subject to the terms, conditions and limitations stated in this Common Stock Purchase Warrant, consisting of 12 pages not including this cover page, KemPharm, Inc. hereby grants to the registered holder listed below, warrants to purchase up to an aggregate of the number of shares of Class A Common Stock of KemPharm, Inc. set forth below at the exercise price per share set forth below.
KEMPHARM, INC. INCENTIVE STOCK OPTION AGREEMENTIncentive Stock Option Agreement • March 11th, 2015 • Kempharm, Inc • Pharmaceutical preparations • Iowa
THIS KEMPHARM, INC. INCENTIVE STOCK OPTION AGREEMENT is entered into by and between KEMPHARM, INC., an Iowa corporation with its principal office at 2656 Crosspark Road, Suite 100, Coralville, IA 52241, and , whose address is set forth beneath the Participant’s signature page hereto.
KEMPHARM, INC. EMPLOYMENT AGREEMENT GORDON K. JOHNSON DATED JULY 10, 2013Employment Agreement • March 11th, 2015 • Kempharm, Inc • Pharmaceutical preparations • Iowa
This EMPLOYMENT AGREEMENT (“Agreement”) is made and entered into effective as of the 10th day of July 2013, by and between KEMPHARM, INC., an Iowa corporation (the “Company”) and GORDON K. JOHNSON (“Executive”) (each being a “Party” hereto and together constituting the “Parties”).
COMMON STOCK PURCHASE WARRANTCommon Stock Purchase Warrant • March 11th, 2015 • Kempharm, Inc • Pharmaceutical preparations • Delaware
Upon and subject to the terms, conditions and limitations stated in this Common Stock Purchase Warrant (this “Warrant”), KemPharm, Inc., a Delaware corporation, (the “Company”) hereby grants to the registered holder listed below, warrants to purchase up to an aggregate of the number of shares of the Company’s Common Stock set forth below at the exercise price per share set forth below.
BOARD OF DIRECTORS SERVICES AGREEMENTBoard of Directors Services Agreement • March 11th, 2015 • Kempharm, Inc • Pharmaceutical preparations • Iowa
This Board of Directors Services Agreement (this “Agreement”) is effective as of January 1, 2014 (the “Effective Date”) by and between KemPharm, Inc., an Iowa corporation (the “Company”), and Joseph B. Saluri, an individual with a principal place of residence in Adel, Iowa (the “Director”) (each a “Party” and together, the “‘Parties”).
KEMPHARM, INC. NON-QUALIFIED STOCK OPTION AGREEMENTNon-Qualified Stock Option Agreement • March 11th, 2015 • Kempharm, Inc • Pharmaceutical preparations • Iowa
THIS KEMPHARM, INC. NON-QUALIFIED STOCK OPTION AGREEMENT is entered into by and between KEMPHARM, INC., an Iowa corporation with its principal office at 2656 Crosspark Road, Suite 100, Coralville, IA 52241, and , whose address is set forth beneath the Participant’s signature page hereto.
BOARD OF DIRECTORS SERVICES AGREEMENTBoard of Directors Services Agreement • March 11th, 2015 • Kempharm, Inc • Pharmaceutical preparations • Iowa
This Board of Directors Services Agreement (this “Agreement”) is effective as of January 1, 2014 (the “Effective Date”) by and between KemPharm, Inc., an Iowa corporation (the “Company”), and Richard W. Pascoe, an individual with a principal place of residence in San Diego County, California (the “Director”) (each a “Party” and together, the “Parties”).
KEMPHARM, INC. STOCK PURCHASE WARRANTStock Purchase Warrant • March 11th, 2015 • Kempharm, Inc • Pharmaceutical preparations • Iowa
Upon and subject to the terms, conditions and limitations stated in this Stock Purchase Warrant, consisting of 8 pages not including this cover page, KemPharm, Inc. hereby grants to the registered holder listed below, a warrant to purchase up to a maximum number of shares of Warrant Stock issued by KemPharm, Inc. as is set forth herein at the Exercise Price per share set forth herein.
KEMPHARM, INC. AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENTInvestors’ Rights Agreement • March 11th, 2015 • Kempharm, Inc • Pharmaceutical preparations • New York
THIS AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT (this “Agreement”), is made as of February 19, 2015, by and among KemPharm, Inc., a Delaware corporation, (the “Company”), those holders of the Company’s Series A Convertible Preferred Stock (“Series A Preferred Stock”), Series B Convertible Preferred Stock (“Series B Preferred Stock”), Series C Convertible Preferred Stock (“Series C Preferred Stock”) Series D Convertible Preferred Stock (“Series D Preferred Stock”) and Series D-1 Convertible Preferred Stock (“Series D-1 Preferred Stock” and, together with the Series D Preferred Stock, the “Senior Preferred Stock”, and, collectively with the Series A Preferred Stock, Series B Preferred Stock, Series C Preferred Stock and Series D Preferred Stock, the “Preferred Stock”) listed on Schedule A (together with Cowen (as defined below) and any subsequent investors, or transferees, who become parties hereto as “Investors” pursuant to Subsection 6.1 or 6.9 below, the “Investors”), those hold
FIRST AMENDMENT TO FACILITY AGREEMENT, SENIOR SECURED CONVERTIBLE NOTE AND WARRANTFacility Agreement, Senior Secured Convertible Note and Warrant • March 11th, 2015 • Kempharm, Inc • Pharmaceutical preparations • New York
THIS FIRST AMENDMENT TO FACILITY AGREEMENT, SENIOR SECURED CONVERTIBLE NOTE AND WARRANT (this “Amendment”), effective as of March 6, 2015, amends certain terms of (i) that certain Facility Agreement, dated as of June 2, 2014, between KemPharm, Inc., a Delaware corporation (the “Company”), and Deerfield Private Design Fund III, L.P. (the “Holder”), (ii) that certain Senior Secured Convertible Note in the original principal amount of $10,000,000 issued by the Company to the Holder on June 2, 2014 (the “Note”) and (iii) that certain warrant number W-74, issued by the Company to the Holder on June 2, 2014, relating to the right of the Holder to purchase from the Company Fourteen Million Four Hundred Twenty Three Thousand and Seventy Six (14,423,076) fully paid and nonassessable shares of Series D convertible preferred stock (“Series D Preferred Stock”) of the Company (the “Warrant”).
