Cytokinetics, Incorporated, Issuer AND U.S. Bank National Association, Trustee INDENTURE Dated as of November 13, 2019 Debt SecuritiesIndenture • November 13th, 2019 • Cytokinetics Inc • Pharmaceutical preparations • New York
INDENTURE, dated as of November 13, 2019, among CYTOKINETICS, INCORPORATED, a Delaware corporation (the “Company”), and U.S. BANK NATIONAL ASSOCIATION, as trustee (the “Trustee”):
CYTOKINETICS, INCORPORATED UNDERWRITING AGREEMENTUnderwriting Agreement • November 13th, 2019 • Cytokinetics Inc • Pharmaceutical preparations • New York
CYTOKINETICS, INCORPORATED and U.S. BANK NATIONAL ASSOCIATION as Trustee FIRST SUPPLEMENTAL INDENTURE Dated as of November 13, 2019 4.00% Convertible Senior Notes due 2026First Supplemental Indenture • November 13th, 2019 • Cytokinetics Inc • Pharmaceutical preparations • New York
THIS SUPPLEMENTAL INDENTURE, dated as of November 13, 2019 (the “Supplemental Indenture”), to the Indenture, dated as of November 13, 2019 (the “Base Indenture” and, as amended, modified and supplemented by this Supplemental Indenture, the “Indenture”), between Cytokinetics, Incorporated, a Delaware corporation, as issuer (the “Company”) and U.S. Bank National Association, as trustee (the “Trustee”).
SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • November 13th, 2019 • Cytokinetics Inc • Pharmaceutical preparations
THIS SECOND AMENDMENT to Loan and Security Agreement (this “Amendment”) is entered into as of November 7, 2019, by and between OXFORD FINANCE LLC, a Delaware limited liability company with an office located at 133 North Fairfax Street, Alexandria, Virginia 22314 (“Oxford”), as collateral agent (in such capacity, “Collateral Agent”), the Lenders listed on Schedule 1.1 of the Loan Agreement (as defined below) or otherwise party thereto from time to time (each a “Lender” and collectively, the “Lenders”) including Oxford in its capacity as a Lender and SILICON VALLEY BANK, a California corporation with an office located at 3003 Tasman Drive, Santa Clara, CA 95054 (“Bank” or “SVB”) (each a “Lender” and collectively, the “Lenders”), and CYTOKINETICS, INCORPORATED, a Delaware corporation with offices located at 280 East Grand Avenue, South San Francisco, CA 94080 (“Borrower”).
FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • November 13th, 2019 • Cytokinetics Inc • Pharmaceutical preparations
THIS FIRST AMENDMENT to Loan and Security Agreement (this “Amendment”) is entered into as of November 6, 2019, by and between OXFORD FINANCE LLC, a Delaware limited liability company with an office located at 133 North Fairfax Street, Alexandria, Virginia 22314 (“Oxford”), as collateral agent (in such capacity, “Collateral Agent”), the Lenders listed on Schedule 1.1 of the Loan Agreement (as defined below) or otherwise party thereto from time to time (each a “Lender” and collectively, the “Lenders”) including Oxford in its capacity as a Lender and SILICON VALLEY BANK, a California corporation with an office located at 3003 Tasman Drive, Santa Clara, CA 95054 (“Bank” or “SVB”) (each a “Lender” and collectively, the “Lenders”), and CYTOKINETICS, INCORPORATED, a Delaware corporation with offices located at 280 East Grand Avenue, South San Francisco, CA 94080 (“Borrower”).
