SECOND AMENDMENT TO LEASE AGREEMENTLease Agreement • November 7th, 2008 • Emergent BioSolutions Inc. • Pharmaceutical preparations
THIS SECOND AMENDMENT TO LEASE AGREEMENT (“this Second Amendment”) is made as of March 31, 2008, by and between ARE-QRS CORP., a Maryland corporation, having an address at 385 E. Colorado Blvd., Suite 299, Pasadena, California 91101 (“Landlord”), and EMERGENT PRODUCT DEVELOPMENT GAITHERSBURG INC., formerly known as Emergent Immunosolutions Inc. and as successor in interest to Antex Biologics, Inc., a Delaware corporation, having an address at Suite 100, 300 Professional Drive, Gaithersburg, Maryland 20879 (“Tenant”).
AMENDMENT TO LOAN AGREEMENTLoan Agreement • November 7th, 2008 • Emergent BioSolutions Inc. • Pharmaceutical preparations
THIS AMENDMENT TO LOAN AGREEMENT is made as of August 15, 2008, by and between EMERGENT BIODEFENSE OPERATIONS LANSING INC., a Michigan corporation, of Lansing, Michigan ("Borrower"), and FIFTH THIRD BANK, a Michigan banking corporation, having an office in Grand Rapids, Michigan ("Lender").
THIRD AMENDMENT TO LEASE AGREEMENTLease Agreement • November 7th, 2008 • Emergent BioSolutions Inc. • Pharmaceutical preparations
THIS THIRD AMENDMENT TO LEASE AGREEMENT (“this Third Amendment”) is made as of June 30, 2008, by and between ARE-QRS CORP., a Maryland corporation, having an address at 385 E. Colorado Blvd., Suite 299, Pasadena, California 91101 (“Landlord”), and EMERGENT PRODUCT DEVELOPMENT GAITHERSBURG INC., formerly known as Emergent Immunosolutions Inc. and as successor in interest to Antex Biologics, Inc., a Delaware corporation, having an address at Suite 100, 300 Professional Drive, Gaithersburg, Maryland 20879 (“Tenant”).
Confidential Materials omitted and filed with the Securities and Exchange Commission. Asterisks denote omissions.Exclusive Commercial Licence of Technology • November 7th, 2008 • Emergent BioSolutions Inc. • Pharmaceutical preparations
The licences in clauses 2.1.1, 2.1.2 and 2.1.3 are co-exclusive with the Company and the licences in clauses 2.1.4, 2.1.5 and 2.1.6 are, subject to clauses 2.9 and 2.11, exclusive.
REVOLVING CREDIT NOTERevolving Credit Note • November 7th, 2008 • Emergent BioSolutions Inc. • Pharmaceutical preparations
FOR VALUE RECEIVED, the undersigned EMERGENT BIODEFENSE OPERATIONS LANSING INC., a Michigan corporation, of Lansing, Michigan (“Borrower”), promises to pay to the order of FIFTH THIRD BANK, a Michigan banking corporation, (“Lender”), at its office in Grand Rapids, Michigan, or at any other place that the holder of this Note designates in writing, the sum of Fifteen Million Dollars ($15,000,000) or any lesser amount that Lender shall have loaned to Borrower under Section 3 of a certain Loan Agreement dated June 8, 2007, between Borrower and Lender (“Loan Agreement”), together with interest (computed on the basis of a three hundred sixty (360) day year for the actual number of days elapsed) on the unpaid balance at an annual rate equal to the LIBOR Index Rate plus 2% (200 basis points) until maturity and after maturity at an annual rate equal to the LIBOR Index Rate plus 4% (400 basis points). Any change in the interest rate on this Note that is occasioned by a change in the LIBOR Index
