0001193125-17-217588 Sample Contracts

AGREEMENT
Promissory Note • June 29th, 2017 • Mannkind Corp • Pharmaceutical preparations • New York

THIS AGREEMENT (this “Agreement”) is entered into as of June 27, 2017, effective as of June 30, 2017 (the “Effective Date”), by and between MANNKIND CORPORATION, a Delaware corporation (the “Borrower”) and THE MANN GROUP LLC (“Lender” and together with the Borrower, the “Parties”).

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EXCHANGE AND THIRD AMENDMENT TO FACILITY AGREEMENT
Facility Agreement • June 29th, 2017 • Mannkind Corp • Pharmaceutical preparations • New York

This EXCHANGE AND THIRD AMENDMENT TO FACILITY AGREEMENT (this “Agreement”) dated as of June 29, 2017, is by and among MannKind Corporation, a Delaware corporation (the “Borrower”), MannKind LLC, a Delaware limited liability company (“Guarantor”, and together with the Borrower collectively, the “Obligors”), 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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