CONTINGENT PAYMENT AGREEMENT BETWEEN BIOVEST INTERNATIONAL, INC. AND CORPS REAL, LLCContingent Payment Agreement • December 27th, 2013 • Biovest International Inc • Pharmaceutical preparations • Delaware
This Contingent Payment Agreement (this “Agreement”) is made as of August 2, 2013 (the “Effective Date”), by and between BIOVEST INTERNATIONAL, INC., a Delaware corporation (“Biovest”), and CORPS REAL, LLC, an Illinois limited liability company (“Company”). Unless otherwise defined herein, capitalized terms used herein shall have the meaning ascribed to such terms in the Security Agreement (as defined below).
SECURED PROMISSORY NOTESecured Promissory Note • December 27th, 2013 • Biovest International Inc • Pharmaceutical preparations
This Note is one of the Notes referenced in the Credit Agreement, and is subject to the terms of the Credit Agreement, which provides, among other things, for acceleration hereof. Principal and interest due hereunder shall be payable as provided in the Credit Agreement. This Note is secured, among other things, pursuant to the Credit Agreement and Security Documents, and may now or hereafter be secured by one or more other security agreements, mortgages, deeds of trust, assignments or other instruments or agreements.
SECURED PROMISSORY NOTESecured Promissory Note • December 27th, 2013 • Biovest International Inc • Pharmaceutical preparations
This Note is one of the Notes referenced in the Credit Agreement, and is subject to the terms of the Credit Agreement, which provides, among other things, for acceleration hereof. Principal and interest due hereunder shall be payable as provided in the Credit Agreement. This Note is secured, among other things, pursuant to the Credit Agreement and Security Documents, and may now or hereafter be secured by one or more other security agreements, mortgages, deeds of trust, assignments or other instruments or agreements.
AMENDMENT TO CONTINGENT PAYMENT AGREEMENT BETWEEN BIOVEST INTERNATIONAL, INC. AND VALENS OFFSHORE SPV I, LTD.Contingent Payment Agreement • December 27th, 2013 • Biovest International Inc • Pharmaceutical preparations
This Amendment dated August 2, 2013 (this “Amendment”) is to the Contingent Payment Agreement dated as of November 17, 2010 (the “Agreement”), by and between BIOVEST INTERNATIONAL, INC., a Delaware corporation (“Biovest”), and VALENS OFFSHORE SPV I, LTD., a Cayman Islands company (the “Company”). Unless otherwise defined herein, capitalized terms used herein shall have the meaning ascribed to such terms in theAgreement.
CREDIT AND SECURITY AGREEMENT BY AND AMONG BIOVEST INTERNATIONAL, INC. AND PABETI, INC. AND VALENS U.S. SPV I, LLC VALENS OFFSHORE SPV II, CORP. AND LV ADMINISTRATIVE SERVICES, INC. As of December 18, 2013Credit and Security Agreement • December 27th, 2013 • Biovest International Inc • Pharmaceutical preparations • New York
THIS CREDIT AND SECURITY AGREEMENT (the “Agreement”) is made and entered into as of December 18, 2013, by and among (i) BIOVEST INTERNATIONAL, INC., a Delaware corporation (the “Borrower”); (ii) PABETI, INC., an Illinois corporation (the “Pabeti Lender”); (iii) VALENS U.S. SPV I, LLC, a Delaware limited liability company (“Valens U.S.”), and VALENS OFFSHORE SPV II, CORP., a Delaware corporation (“Valens Offshore II” and together with Valens U.S., collectively, the “LV Lenders”, and together with the Pabeti Lender, individually a “Lender” and collectively the “Lenders”); and (iv) LV ADMINISTRATIVE SERVICES, INC., a Delaware corporation in its capacity as the agent for the Lenders (the “Agent”). Each of the Borrower, the Pabeti Lender, the LV Lenders and the Agent is a “Party” and collectively they are the “Parties” to this Agreement.
SECURED PROMISSORY NOTESecured Promissory Note • December 27th, 2013 • Biovest International Inc • Pharmaceutical preparations
This Note is one of the Notes referenced in the Credit Agreement, and is subject to the terms of the Credit Agreement, which provides, among other things, for acceleration hereof. Principal and interest due hereunder shall be payable as provided in the Credit Agreement. This Note is secured, among other things, pursuant to the Credit Agreement and Security Documents, and may now or hereafter be secured by one or more other security agreements, mortgages, deeds of trust, assignments or other instruments or agreements.
