SEPTEMBER 2019 EXCHANGE AGREEMENT AND AMENDMENT TO FACILITY AGREEMENTFacility Agreement • September 4th, 2019 • Kempharm, Inc • Pharmaceutical preparations • New York
This SEPTEMBER 2019 EXCHANGE AGREEMENT AND AMENDMENT TO FACILITY AGREEMENT (including the schedules, annexes and exhibits hereto, this “Agreement”), dated as of September 3, 2019, 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 “Lenders”). Capitalized terms used but not otherwise defined in this Agreement (including in Annex I hereto) shall have the meanings given to them in the Indenture (as defined below).
COLLABORATION AND LICENSE AGREEMENTCollaboration and License Agreement • September 4th, 2019 • Kempharm, Inc • Pharmaceutical preparations • Delaware
This COLLABORATION AND LICENSE AGREEMENT (the “Agreement”) is entered into as of September 3, 2019 (the “Effective Date”) by and between KEMPHARM, INC., a Delaware corporation, with its principal place of business at 1180 Celebration Blvd., Suite 103, Celebration, FL, 34747 (“KemPharm”) and BOSTON PHARMACEUTICALS HOLDINGS SA, a limited company with its seat in Geneva, Switzerland, registered in the Registrar of Companies of Geneva, Switzerland (“Company”). KemPharm and Company are sometimes referred to herein individually as a “Party” and collectively as the “Parties.”
