ContractSophiris Bio Inc. • November 9th, 2017 • Pharmaceutical preparations • California
THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR THE SECURITIES LAWS OF ANY STATE AND, EXCEPT AS SET FORTH IN SECTIONS 5.3 AND 5.4 BELOW, MAY NOT BE OFFERED, SOLD, PLEDGED OR OTHERWISE TRANSFERRED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND LAWS OR IN FORM AND SUBSTANCE SATISFACTORY TO THE COMPANY, SUCH OFFER, SALE, PLEDGE OR OTHER TRANSFER IS EXEMPT FROM SUCH REGISTRATION.
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • November 9th, 2017 • Sophiris Bio Inc. • Pharmaceutical preparations • Delaware
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of September 8, 2017 (the “Effective Date”) among SILICON VALLEY BANK, a California corporation (“Bank”), SOPHIRIS BIO INC., a corporation existing under the laws of the Province of British Columbia (“Canadian Borrower”), Sophiris Bio Corp., a Delaware corporation (“US Borrower Corp”), and Sophiris Bio Holding Corp., a Delaware corporation (“US Borrower Holding”; together with Canadian Borrower and US Borrower Corp, collectively, “Borrower”), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. The parties agree as follows:
