LOAN AGREEMENT Dated as of May 23, 2019 among BIODELIVERY SCIENCES INTERNATIONAL, INC. (as Borrower), ARIUS PHARMACEUTICALS, INC., and ARIUS TWO, INC., (as additional Credit Parties), and BIOPHARMA CREDIT PLC (as Lender)Loan Agreement • August 8th, 2019 • Biodelivery Sciences International Inc • Pharmaceutical preparations • New York
THIS LOAN AGREEMENT (this “Agreement”), dated as of May 23, 2019 (the “Effective Date”) by and among BIODELIVERY SCIENCES INTERNATIONAL, INC., a Delaware corporation (as “Borrower”), ARIUS PHARMACEUTICALS, INC., a Delaware corporation (as an additional Credit Party), ARIUS TWO, INC., a Delaware corporation (as an additional Credit Party) and BIOPHARMA CREDIT PLC, a public limited company incorporated under the laws of England and Wales (as “Lender”), provides the terms on which Lender shall make, and Borrower shall repay, the Credit Extensions (as hereinafter defined). The parties hereto agree as follows:
NON-QUALIFIED STOCK OPTION AGREEMENT FOR NON-EMPLOYEE DIRECTORS UNDER THE BIODELIVERY SCIENCES INTERNATIONAL, INC.Non-Qualified Stock Option Agreement • August 8th, 2019 • Biodelivery Sciences International Inc • Pharmaceutical preparations
Pursuant to the BioDelivery Sciences International, Inc. 2019 Stock Option and Incentive Plan as amended through the date hereof (the “Plan”), BioDelivery Sciences International, Inc. (the “Company”) hereby grants to the Optionee named above, who is a Director of the Company but is not an employee of the Company, an option (the “Stock Option”) to purchase on or prior to the Expiration Date specified above all or part of the number of shares of Common Stock, par value $0.001 per share (the “Stock”), of the Company specified above at the Option Exercise Price per Share specified above subject to the terms and conditions set forth herein and in the Plan. This Stock Option is not intended to be an “incentive stock option” under Section 422 of the Internal Revenue Code of 1986, as amended.
RESTRICTED STOCK UNIT AWARD AGREEMENT FOR NON-EMPLOYEE DIRECTORS UNDER THE BIODELIVERY SCIENCES INTERNATIONAL, INC.Restricted Stock Unit Award Agreement • August 8th, 2019 • Biodelivery Sciences International Inc • Pharmaceutical preparations
Pursuant to the BioDelivery Sciences International, Inc. 2019 Stock Option and Incentive Plan as amended through the date hereof (the “Plan”), BioDelivery Sciences International, Inc. (the “Company”) hereby grants an award of the number of Restricted Stock Units listed above (an “Award”) to the Grantee named above. Each Restricted Stock Unit shall relate to one share of Common Stock, par value $0.001 per share (the “Stock”) of the Company.
NON-QUALIFIED STOCK OPTION AGREEMENT FOR COMPANY EMPLOYEES UNDER THE BIODELIVERY SCIENCES INTERNATIONAL, INC.Non-Qualified Stock Option Agreement • August 8th, 2019 • Biodelivery Sciences International Inc • Pharmaceutical preparations
Pursuant to the BioDelivery Sciences International, Inc. 2019 Stock Option and Incentive Plan as amended through the date hereof (the “Plan”), BioDelivery Sciences International, Inc. (the “Company”) hereby grants to the Optionee named above an option (the “Stock Option”) to purchase on or prior to the Expiration Date specified above all or part of the number of shares of Common Stock, par value $0.001 per share (the “Stock”) of the Company specified above at the Option Exercise Price per Share specified above subject to the terms and conditions set forth herein and in the Plan. This Stock Option is not intended to be an “incentive stock option” under Section 422 of the Internal Revenue Code of 1986, as amended.
INCENTIVE STOCK OPTION AGREEMENT UNDER THE BIODELIVERY SCIENCES INTERNATIONAL, INC.Incentive Stock Option Agreement • August 8th, 2019 • Biodelivery Sciences International Inc • Pharmaceutical preparations
Pursuant to the BioDelivery Sciences International, Inc. 2019 Stock Option and Incentive Plan as amended through the date hereof (the “Plan”), BioDelivery Sciences International, Inc. (the “Company”) hereby grants to the Optionee named above an option (the “Stock Option”) to purchase on or prior to the Expiration Date specified above all or part of the number of shares of Common Stock, par value $0.001 per share (the “Stock”), of the Company specified above at the Option Exercise Price per Share specified above subject to the terms and conditions set forth herein and in the Plan.
