0001193125-17-127928 Sample Contracts

EXCHANGE AGREEMENT
Exchange Agreement • April 19th, 2017 • Mannkind Corp • Pharmaceutical preparations • New York

This EXCHANGE AGREEMENT (this “Agreement”) dated as of April 18, 2017, is by and among MannKind Corporation, a Delaware corporation (the “Borrower”), MannKind LLC, a Delaware limited liability company (“Guarantor”), Deerfield Private Design Fund II, L.P. (“DPDF”) and Deerfield Private Design International II, L.P. (“DPDI” and, together with DPDF, the “Purchasers”). Capitalized terms used herein which are defined in the Facility Agreement (as defined below), unless otherwise defined herein, shall have the meanings ascribed to them in the Facility Agreement.

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