FORM OF SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • April 6th, 2018 • Mannkind Corp • Pharmaceutical preparations • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of April 5, 2018, between MannKind Corporation, a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”).
STRICTLY CONFIDENTIAL MannKind Corporation 30930 Russell Ranch Road, Suite 301 Westlake Village, California 91362 Attn: Michael Castagna, Chief Executive Officer Dear Mr. Castagna:Exclusive Agency Agreement • April 6th, 2018 • Mannkind Corp • Pharmaceutical preparations • New York
This letter agreement (this “Agreement”) constitutes the agreement between MannKind Corporation (the “Company”) and H.C. Wainwright & Co., LLC (“Wainwright”), that Wainwright shall serve as the exclusive agent, advisor or underwriter in any offering in a financing transaction (each, an “Offering”) of common stock of the Company (the “Securities”) during the Term (as hereinafter defined) of this Agreement. For purposes of this Agreement, Securities do not include debt securities of the Company, even if convertible into equity securities of the Company, securities issued pursuant to options or rights outstanding as of the date hereof, securities issued pursuant to the Company’s equity incentive plans or securities issued pursuant to the Company’s Controlled Equity OfferingSM Sales Agreement, dated February 27, 2018, between the Company and Cantor Fitzgerald & Co. The terms of each Offering and the Securities issued in connection therewith shall be mutually agreed upon by the Company and
