EXCHANGE AGREEMENTExchange Agreement • May 25th, 2018 • Mannkind Corp • Pharmaceutical preparations
[●] (the “Undersigned”), for itself and on behalf of the beneficial owner listed on Exhibit A hereto (the “Account” and the “Holder”) for whom the Undersigned holds contractual and investment authority, enters into this Exchange Agreement (this “Agreement”) with MannKind Corporation (the “Company”) on May 25, 2018 whereby the Holder will exchange (the “Exchange”) a portion of the Company’s 5.75% Convertible Senior Notes due 2021 (the “Notes”) issued pursuant to that certain Indenture, dated as of October 30, 2017, between the Company and U.S. Bank National Association, as trustee (the “Trustee”), together with all accrued and unpaid interest thereon, for shares of the Company’s common stock, par value $0.01 per share (the “Common Stock”).
