0001193125-15-213409 Sample Contracts

AMENDED AND RESTATED CREDIT AND SECURITY AGREEMENT
Credit and Security Agreement • June 4th, 2015 • Biodelivery Sciences International Inc • Pharmaceutical preparations • New York

THIS AMENDED AND RESTATED CREDIT AND SECURITY AGREEMENT (this “Agreement”), dated as of May 29, 2015 (the “Closing Date”) by and among MIDCAP FINANCIAL TRUST, a Delaware statutory trust (“MidCap”), as administrative agent, the Lenders listed on the Credit Facility Schedule attached hereto and otherwise party hereto from time to time (each a “Lender”, and collectively the “Lenders”), BIODELIVERY SCIENCES INTERNATIONAL, INC., a Delaware corporation (“BDSI”), ARIUS PHARMACEUTICALS, INC., a Delaware corporation (“API”), ARIUS TWO, INC., a Delaware corporation (“Arius Two” and, together with BDSI, API and any other entity that becomes a party hereto in accordance with the terms of this Agreement, collectively and in the singular, “Borrower”), provides the terms on which Lenders agree to lend to Borrower and Borrower shall repay Lenders.

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