0001437749-16-040766 Sample Contracts

AMENDMENT NO. 3 TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • November 2nd, 2016 • Acelrx Pharmaceuticals Inc • Pharmaceutical preparations • California

THIS AMENDMENT NO. 3 TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Amendment”) is dated as of September 30, 2016 (the “Third Amendment Date”) and is entered into by and among ACELRX PHARMACEUTICALS, INC., a Delaware corporation, and each of its subsidiaries (hereinafter collectively referred to as the “Borrower”), HERCULES TECHNOLOGY II, L.P., a Delaware limited partnership, and HERCULES CAPITAL FUNDING TRUST 2014-1, a statutory trust created under the laws of Delaware (collectively, “Lender”). Capitalized terms used herein without definition shall have the same meanings given them in the Loan Agreement (as defined below).

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to the COLLABORATION AND LICENSE AGREEMENT
Collaboration and License Agreement • November 2nd, 2016 • Acelrx Pharmaceuticals Inc • Pharmaceutical preparations

entered into as of 16 December 2013 between ACELRX PHARMACEUTICALS, INC., a company organized under the laws of the State of Delaware, United States (“AcelRx”), and having a principal place of business at 351 Galveston Drive, Redwood City, CA 94063, United States, and GRÜNENTHAL GMBH, a company organized under the laws of Germany (“Grünenthal”), having its registered office at Zieglerstrasse 6, 52078 Aachen, Germany, as amended by the 1st Amendment effective as of July 17th, 2015 (collectively the “Agreement”).

WARRANT MODIFICATION AGREEMENT
Warrant Modification Agreement • November 2nd, 2016 • Acelrx Pharmaceuticals Inc • Pharmaceutical preparations

This Warrant Modification Agreement is entered into as of September 30, 2016, between Hercules Capital, Inc., formerly known as Hercules Technology Growth Capital, Inc. (the “Warrantholder”) and AcelRx Pharmaceuticals, Inc. (the “Company”).

WARRANT MODIFICATION AGREEMENT
Warrant Modification Agreement • November 2nd, 2016 • Acelrx Pharmaceuticals Inc • Pharmaceutical preparations

This Warrant Modification Agreement is entered into as of September 30, 2016, between Hercules Technology II, L.P. (the “Warrantholder”) and AcelRx Pharmaceuticals, Inc. (the “Company”).

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