SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • May 17th, 2018 • Biodelivery Sciences International Inc • Pharmaceutical preparations • New York
This SECURITIES PURCHASE AGREEMENT (this “Agreement”), dated as of May 17, 2018, is by and among Biodelivery Sciences International, Inc., a Delaware corporation with headquarters located 4131 ParkLake Ave., Suite 225, Raleigh, North Carolina 27612, (the “Company”), and each of the investors listed on Schedule 1 hereto (individually, a “Buyer” and collectively, the “Buyers”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • May 17th, 2018 • Biodelivery Sciences International Inc • Pharmaceutical preparations
REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of May 17, 2018, by and among Biodelivery Sciences International, Inc., a Delaware corporation, with headquarters located at 4131 Parklane Avenue, Suite 225, Raleigh, NC 27612 (the “Company”), and the Lead Investor (as defined below) (each a “Investor” and collectively the “Investors”, provided that, if the context requires, references to “Investors” shall be deemed to be references to “Investor”).
FORM OF DIRECTOR RETIREMENT AGREEMENTForm of Director Retirement Agreement • May 17th, 2018 • Biodelivery Sciences International Inc • Pharmaceutical preparations • Delaware
This DIRECTOR RETIREMENT AGREEMENT (this “Agreement”) is entered into this 17th day of May, 2018 by and among BioDelivery Sciences International, Inc. (the “Company”), [ ] (the “Director”), and with respect to Sections 3 through 11, inclusive, and Sections 13 and 14 hereof, Broadfin Healthcare Master Fund Ltd. (“Broadfin”). The Director, the Company and Broadfin may be collectively referred to as the “parties” or individually referred to as a “party.”
BioDelivery Sciences International, Inc. Placement Agency AgreementAgency Agreement • May 17th, 2018 • Biodelivery Sciences International Inc • Pharmaceutical preparations • New York
BioDelivery Sciences International, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell an aggregate of up to 5,000 shares of Series B Non-Voting Convertible Preferred Stock, par value $0.001 per share, of the Company (the “Preferred Stock”) to certain investors (each an “Investor”), in an offering under its registration statement on Form S-3 (Registration No. 333-205483). The aggregate of up to 5,000 shares of Preferred Stock to be sold by the Company and the shares of common stock, par value $0.001 per share, of the Company (the “Common Stock”) issuable upon conversion of the Preferred Stock (the “Conversion Shares”) are herein collectively called the “Shares.” The Company desires to engage William Blair & Company, L.L.C. (“William Blair”) in connection with such issuance and sale of the Preferred Stock.
AMENDMENT 2 TO TERM LOAN AGREEMENTTerm Loan Agreement • May 17th, 2018 • Biodelivery Sciences International Inc • Pharmaceutical preparations • New York
THIS AMENDMENT 2 TO TERM LOAN AGREEMENT, dated as of May 16, 2018 (this “Amendment”) is made among BioDelivery Sciences International, Inc. (“Borrower”), CRG Servicing LLC, as administrative agent and collateral agent (in such capacity, “Administrative Agent”) and the lenders listed on the signature pages hereof under the heading “LENDERS” (each a “Lender” and, collectively, the “Lenders”), with respect to the Term Loan Agreement.
