EXCHANGE AGREEMENTExchange Agreement • July 18th, 2019 • Mannkind Corp • Pharmaceutical preparations • New York
Contract Type FiledJuly 18th, 2019 Company Industry JurisdictionThis EXCHANGE AGREEMENT (this “Agreement”) dated as of July 18, 2019, is by and among MannKind Corporation, a Delaware corporation (the “Borrower”), MannKind LLC, a Delaware limited liability company (“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.