Re: Amendment to Facility Agreement and December 2019 Notes and ConsentKempharm, Inc • January 13th, 2020 • Pharmaceutical preparations
Reference is hereby made to (i) that certain Facility Agreement, dated as of June 2, 2014, as amended (as the same has been previously or in the future may be amended, modified, restated or otherwise supplemented from time to time, the “Facility Agreement”), by and among KemPharm, Inc., a Delaware corporation (the “Company”), Deerfield Private Design Fund III, L.P., a Delaware limited partnership (“DPD”), Deerfield Special Situations Fund, L.P., a Delaware limited partnership (“DSS”), Delaware Street Capital Master Fund, L.P., a Cayman Islands limited partnership (“DSCM”), and the other lenders from time to time party thereto (together with DPD, DSS and DSCM, the “Lenders”), and (ii) the December 2019 Notes (as defined in the Facility Agreement). As of the date hereof, DSS, DPD and DSCM constitute the “Required Lenders” (as defined in the Facility Agreement) and the “Required Note Holders” (as defined in the December 2019 Notes). Capitalized terms used herein which are defined in the F
JANUARY 2020 EXCHANGE AGREEMENTJanuary 2020 Exchange Agreement • January 13th, 2020 • Kempharm, Inc • Pharmaceutical preparations • New York
This JANUARY 2020 EXCHANGE AGREEMENT (including the schedules, annexes and exhibits hereto, this “Agreement”), dated as of January 12, 2020, is by and among KemPharm, Inc., a Delaware corporation (the “Borrower”), and M. Kingdon Offshore Master Fund, LP (the “Lender”). Capitalized terms used but not otherwise defined in this Agreement shall have the meanings given to them in the Facility Agreement (as defined below).
