0001437749-16-023235 Sample Contracts

SECURITY AGREEMENT
Security Agreement • January 6th, 2016 • NovaBay Pharmaceuticals, Inc. • Pharmaceutical preparations • Delaware

THIS SECURITY AGREEMENT (this “Agreement”) dated as of December 30, 2015, between NOVABAY PHARMACEUTICALS, INC., a Delaware corporation (the “Company”), and CHINA KINGTON ASSET MANAGEMENT CO. LTD., in its capacity as Collateral Agent for the benefit of the Secured Parties (together with its successors and assigns in such capacity, the “Collateral Agent”).

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COLLATERAL AGENCY AND INTERCREDITOR AGREEMENT
Collateral Agency and Intercreditor Agreement • January 6th, 2016 • NovaBay Pharmaceuticals, Inc. • Pharmaceutical preparations • Delaware

This COLLATERAL AGENCY AND INTERCREDITOR AGREEMENT (this “Agreement”), dated as of December 30, 2015, is entered into among Mark Sieczkarek, a resident of the United States (“Sieczkarek”); The Gail J. Maderis Revocable Trust, a trust of the United States ("Maderis"); Jian Ping Fu, a resident of the Republic of China (“Fu”); Pioneer Pharma (Singapore) Pte. Ltd, a corporation based in Singapore (“Pioneer”); and T. Alex McPherson, a resident of Canada ("McPherson"), (collectively, the “Noteholders”), together with China Kington Asset Management Co. Ltd., in its capacity as collateral agent for the Noteholders (the “Collateral Agent”).

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