8,333,334 Shares KEMPHARM, INC. Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • October 5th, 2018 • Kempharm, Inc • Pharmaceutical preparations • New York
EXCHANGE AGREEMENTExchange Agreement • October 5th, 2018 • Kempharm, Inc • Pharmaceutical preparations • New York
This EXCHANGE AGREEMENT (this “Agreement”) dated as of October 5, 2018, is by and among KemPharm, Inc., a Delaware corporation (the “Borrower”), Deerfield Private Design Fund III, L.P. (“DPDF”) and Deerfield Special Situations Fund, L.P. (“DSS” and, together with DPDF, the “Purchasers”). Capitalized terms used but not otherwise defined in this Agreement shall have the meanings given to them in the Indenture, dated as of February 9, 2016 (the “Indenture”), between the Company and U.S. Bank National Association, as trustee.
