XERIS PHARMACEUTICALS, INC., Issuer AND U.S. BANK NATIONAL ASSOCIATION, Trustee INDENTURE Dated as of June 30, 2020 Senior Debt SecuritiesIndenture • October 5th, 2021 • Xeris Biopharma Holdings, Inc. • Pharmaceutical preparations • New York
XERIS BIOPHARMA HOLDINGS, INC. FORM OF DIRECTOR INDEMNIFICATION AGREEMENTDirector Indemnification Agreement • October 5th, 2021 • Xeris Biopharma Holdings, Inc. • Pharmaceutical preparations • Delaware
This Indemnification Agreement (“Agreement”) is made as of October [__], 2021 by and between Xeris Biopharma Holdings, Inc., a Delaware corporation, (the “Company”), and [_____] (“Indemnitee”).
XERIS BIOPHARMA HOLDINGS, INC. FORM OF OFFICER INDEMNIFICATION AGREEMENTOfficer Indemnification Agreement • October 5th, 2021 • Xeris Biopharma Holdings, Inc. • Pharmaceutical preparations • Delaware
This Indemnification Agreement (“Agreement”) is made as of October [__], 2021 by and between Xeris Biopharma Holdings, Inc., a Delaware corporation (the “Company”), and ____________ (“Indemnitee”).
XERIS PHARMACEUTICALS, INC. and as Trustee FIRST SUPPLEMENTAL INDENTURE Dated as of June 30, 2020First Supplemental Indenture • October 5th, 2021 • Xeris Biopharma Holdings, Inc. • Pharmaceutical preparations • New York
This Supplemental Indenture (as defined below) is being executed and delivered pursuant to Sections 2.01 and 2.02 of the Base Indenture (as defined below) to establish the terms, and provide for the issuance, of a new series of Securities (as defined in the Base Indenture) constituting the Company’s 5.00% Convertible Senior Notes due 2025 (the “Notes”).
JOINDER AND SIXTH AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • October 5th, 2021 • Xeris Biopharma Holdings, Inc. • Pharmaceutical preparations • New York
THIS JOINDER AND SIXTH AMENDMENT to Amended and Restated Loan and Security Agreement (this “Amendment”) is entered into as of October 5, 2021, by and among OXFORD FINANCE LLC, a Delaware limited liability company with an office located at 115 South Union Street, Suite 300, Alexandria, Virginia 22314 (“Oxford”), as collateral agent (in such capacity, “Collateral Agent”), the Lenders listed on Schedule 1.1 to the Loan Agreement (as defined below) or otherwise a party thereto from time to time 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 XERIS PHARMACEUTICALS, INC., a Delaware corporation (“Existing Borrower”) XERIS BIOPHARMA HOLDINGS, INC. a Delaware corporation (“Holdings”), STRONGBRIDGE U.S. INC., a Delaware corporation (“Strongbridge” and together with Holdings, each a “New Borrower” and collective
CONTINGENT VALUE RIGHTS AGREEMENTContingent Value Rights Agreement • October 5th, 2021 • Xeris Biopharma Holdings, Inc. • Pharmaceutical preparations • Delaware
THIS CONTINGENT VALUE RIGHTS AGREEMENT, dated as of October 5, 2021 (this “Agreement”), is entered into by and between Xeris Biopharma Holdings, Inc., a Delaware corporation (“Parent”), and Computershare Inc., a Delaware corporation (“Computershare”) and its affiliate Computershare Trust Company, N.A., a federally chartered trust company (together with Computershare, the “Rights Agent”).
SECOND SUPPLEMENTAL INDENTURESecond Supplemental Indenture • October 5th, 2021 • Xeris Biopharma Holdings, Inc. • Pharmaceutical preparations • New York
This SECOND SUPPLEMENTAL INDENTURE, dated as of October 5, 2021 (the “Second Supplemental Indenture”), is entered into among Xeris Pharmaceuticals, Inc., a Delaware corporation (the “Company”), Xeris Biopharma Holdings, Inc., a Delaware corporation (“Parent”), and U.S. Bank National Association, as trustee (the “Trustee”).
