0001193125-18-217309 Sample Contracts

EXCHANGE AND EIGHTH AMENDMENT TO FACILITY AGREEMENT
Eighth Amendment to Facility Agreement • July 13th, 2018 • Mannkind Corp • Pharmaceutical preparations • New York

This EXCHANGE AND EIGHTH AMENDMENT TO FACILITY AGREEMENT (this “Agreement”) dated as of July 12, 2018, is by and among MannKind Corporation, a Delaware corporation (the “Borrower”), MannKind LLC, a Delaware limited liability company (the “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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