CONVERTIBLE PROMISSORY NOTEConvertible Promissory Note • August 19th, 2016 • Thar Pharmaceuticals Inc • Pharmaceutical preparations • Delaware
For value received, Thar Pharmaceuticals, Inc., a Delaware corporation (together with its successors and assigns, the “Company”), promises to pay to (the “Holder”), unless this Note is earlier prepaid pursuant to Section 1.3 or earlier converted pursuant to Section 2, the principal sum of Dollars ($ ), together with any and all interest accrued but unpaid thereon. This Note is one of the series of Notes issued pursuant to that certain Note and Warrant Purchase Agreement dated as of August 19, 2014, by and among the Company and the Purchasers listed in Schedule A thereto (as the same may be amended from time to time, the “Agreement”). In addition to the terms and conditions of the Agreement, this Note is subject to the following terms and conditions.
LEASE AGREEMENTLease Agreement • August 19th, 2016 • Thar Pharmaceuticals Inc • Pharmaceutical preparations • Pennsylvania
THAR PHARMACEUTICALS, INC. ADVISING AGREEMENTAdvising Agreement • August 19th, 2016 • Thar Pharmaceuticals Inc • Pharmaceutical preparations
BY THIS AGREEMENT, made between Philip N. Sussman (hereinafter “Advisor”) and THAR PHARMACEUTICALS, INC., a Delaware corporation (hereinafter the “Company”), Advisor and the Company confirm their mutual understanding that (a) the advisory and consulting activities to be performed by the Advisor as described in this Agreement may involve the use by the Advisor of Company of confidential information that is proprietary to the Company. Such information may include research, development and design of products, methods, processes, uses, compositions of matter, concepts, designs, drawings, software code, data, memoranda, correspondence, flow charts, manuals, production techniques, specifications, or other intellectual property or its physical embodiments (such information, in whatever form embodied, is hereinafter referred to the “Confidential Material”); (b) the Confidential Material is confidential and solely the property of the Company; (c) the Advisor shall not appropriate the Confidenti
STOCK PURCHASE WARRANTWarrant Agreement • August 19th, 2016 • Thar Pharmaceuticals Inc • Pharmaceutical preparations • Delaware
This Warrant is issued pursuant to that certain Note and Warrant Purchase Agreement, dated as of the date hereof, by and between the Company and the Purchasers listed on Schedule A thereto (the “Note and Warrant Purchase Agreement”). In addition to the terms and conditions of the Note and Warrant Purchase Agreement, this Warrant is subject the following terms and conditions.
FOURTH AMENDED AND RESTATED INVESTOR RIGHTS AGREEMENTInvestor Rights Agreement • August 19th, 2016 • Thar Pharmaceuticals Inc • Pharmaceutical preparations • Delaware
This Fourth Amended and Restated Investor Rights Agreement (this “Agreement”) of Thar Pharmaceuticals, Inc., a Delaware corporation (the “Company”) is made effective as of November 14, 2012, by and among the Company and each holder of Series A Preferred Stock and Series A-1 Preferred Stock whose name is listed in Schedule A hereto (each, an “Investor” and collectively, the “Investors”).
STOCK PURCHASE WARRANTWarrant Agreement • August 19th, 2016 • Thar Pharmaceuticals Inc • Pharmaceutical preparations • Delaware
For value received, Thar Pharmaceuticals, Inc. (the “Company”), a Delaware corporation, hereby certifies that [ ] (the “Holder”) or its permitted assign(s) is entitled to purchase from the Company, at any time or from time to time during the Exercise Period (as defined below), in whole or in part, [NUMBER EQUAL TO PRINCIPAL AMOUNT OF NOTE DIVIDED BY $11.68 ROUNDED DOWN TO NEAREST WHOLE NUMBER] shares of the Company’s Series A-1 Preferred Stock, par value $.001 per share (“Preferred Stock”), at a price per share equal to $11.68 (the “Exercise Price”). This Warrant is issued pursuant to that certain Amended and Restated Note and Warrant Purchase Agreement, dated as of August 14, 2013, by and among the Company and the Purchasers listed on Schedule A thereto (as so amended and restated, the “Agreement”). In addition to the terms and conditions of the Agreement, this Warrant is subject the following terms and conditions.
