LOAN AND SECURITY AGREEMENT Dated as of November 22, 2022 between EYENOVIA, INC., a Delaware corporation, as “Borrower”, and AVENUE CAPITAL MANAGEMENT II, L.P., a Delaware limited partnership, as administrative agent and collateral agent (in such...Loan and Security Agreement • March 31st, 2023 • Eyenovia, Inc. • Pharmaceutical preparations • California
Borrower, Lenders and Agent have entered or anticipate entering into one or more transactions pursuant to which each Lender agrees to make available to Borrower a loan facility governed by the terms and conditions set forth in this document and one or more Supplements executed by Borrower, Lenders and Agent which incorporate this document by reference. Each Supplement constitutes a supplement to and forms part of this document, and will be read and construed as one with this document, so that this document and the Supplement constitute a single agreement between the parties (collectively referred to as this “Agreement”).
EMPLOYMENT AGREEMENTEmployment Agreement • March 31st, 2023 • Eyenovia, Inc. • Pharmaceutical preparations • Oregon
This EMPLOYMENT AGREEMENT (the “Agreement”) is entered into as of December 19, 2022, by and between Eyenovia, Inc., a Delaware company (the “Company”), and Bren Kern, an individual residing in the State of Oregon (“Executive”). The Company and Executive are hereinafter collectively referred to as the “Parties,” and individually a “Party.”
SUBSCRIPTION AGREEMENTSubscription Agreement • March 31st, 2023 • Eyenovia, Inc. • Pharmaceutical preparations
This Subscription Agreement is entered into in connection with that certain Loan and Security Agreement by and among the Company, Avenue Capital Management II, L.P. (the “Agent”) and the Investors, dated as of even date herewith, as supplemented by the Supplement to the Loan and Security Agreement, by and among the Company, the Agent and the Investors (collectively, the “LSA”).
SUPPLEMENT to the Loan and Security Agreement dated as of November 22, 2022 between EYENOVIA, INC. (“Borrower”) and AVENUE CAPITAL MANAGEMENT II, L.P., a Delaware limited partnership, as administrative agent and collateral agent (in such capacity...Loan and Security Agreement • March 31st, 2023 • Eyenovia, Inc. • Pharmaceutical preparations
This is a Supplement identified in the document entitled Loan and Security Agreement, dated as of November 22, 2022 (as amended, restated, amended and restated, supplemented and modified from time to time, the “Loan and Security Agreement”), by and among Borrower, Lenders and Agent. All capitalized terms used in this Supplement and not otherwise defined in this Supplement have the meanings ascribed to them in Article 10 of the Loan and Security Agreement, which is incorporated in its entirety into this Supplement. In the event of any inconsistency between the provisions of the Loan and Security Agreement and this Supplement, this Supplement is controlling.
