ContractFuriex Pharmaceuticals, Inc. • October 4th, 2013 • Pharmaceutical preparations • North Carolina
This instrument or other agreement and the indebtedness, rights and obligations evidenced hereby and any liens or other security interests securing such rights and obligations are subordinate in the manner and to the extent set forth in that certain Subordination and Intercreditor Agreement (as amended, restated, supplemented or modified from time to time, the “Subordination and Intercreditor Agreement”), dated as of September 30, 2013, by and among the Subordinated Lender identified therein and MidCap Funding III, LLC, in its capacity as agent (together with its successors and assigns, “Agent”) for the Senior Lenders (as defined in the Subordination and Intercreditor Agreement), to certain indebtedness, rights and obligations of FURIEX PHARMACEUTICALS, INC., APBI HOLDINGS, LLC, DEVELOPMENT PARTNERS, LLC and GENUPRO, INC., to Agent and the Senior Lenders, and all liens and security interests of Agent securing the same, all as described in the Subordination and Intercreditor Agreement,
SUBORDINATION AND INTERCREDITOR AGREEMENTSubordination and Intercreditor Agreement • October 4th, 2013 • Furiex Pharmaceuticals, Inc. • Pharmaceutical preparations • Maryland
THIS SUBORDINATION AND INTERCREDITOR AGREEMENT (this “Agreement”) is entered into as of this 30th day of September, 2013, by and among FREDRIC NEVILLE ESHELMAN REVOCABLE TRUST u/a dated July 13, 1988, as amended and/or restated (“Subordinated Lender”), FURIEX PHARMACEUTICALS, INC., a Delaware corporation, APBI HOLDINGS, LLC, a North Carolina limited liability company, DEVELOPMENT PARTNERS, LLC, a Delaware limited liability company, and GENUPRO, INC., a North Carolina corporation (either individually or collectively as the context may require, the “Borrower”), and MIDCAP FUNDING III, LLC, a Delaware limited liability company, as Agent (acting in such capacity, “Agent”) for the financial institutions or other entities from time to time parties to the Senior Loan Agreement (as hereinafter defined), and as a Lender, or such then present holder or holders of the Senior Loan (as hereinafter defined) as may from time to time exist (the “Lenders,” and collectively with the Agent, the “Senior L
SECOND OMNIBUS AMENDMENT AND REAFFIRMATION AGREEMENTSecond Omnibus Amendment and Reaffirmation Agreement • October 4th, 2013 • Furiex Pharmaceuticals, Inc. • Pharmaceutical preparations • Maryland
THIS SECOND OMNIBUS AMENDMENT AND REAFFIRMATION AGREEMENT (this “Reaffirmation Agreement”) is entered into as of September 30, 2013, (the “Second Restatement Date”) by and among FURIEX PHARMACEUTICALS, INC., a Delaware corporation, APBI HOLDINGS, LLC, a North Carolina limited liability company, DEVELOPMENT PARTNERS, LLC, a Delaware limited liability company, and GENUPRO, INC., a North Carolina corporation (either individually or collectively as the context may require, the “Borrower”), and MIDCAP FUNDING III, LLC, a Delaware limited liability company (“MidCap”), in its capacity as administrative agent (the “Agent”) for the Lenders (as defined in the Second Amended and Restated Loan and Security Agreement).
PLEDGE AGREEMENTPledge Agreement • October 4th, 2013 • Furiex Pharmaceuticals, Inc. • Pharmaceutical preparations
THIS PLEDGE AGREEMENT (this “Agreement”) is made as of September 30, 2013, by and between FURIEX PHARMACEUTICALS, INC., a Delaware corporation, APBI Holdings, LLC, a North Carolina limited liability company, Development Partners, LLC, a Delaware limited liability company, and Genupro, Inc., a North Carolina corporation (either individually or collectively as the context may require, the “Pledgor”), and FREDRIC Neville Eshelman, Trustee of the Fredric Neville Eshelman Revocable Trust u/a dated July 13, 1988, as amended and/or restated (together with its successors and assigns, the “Lender”).
