0001437749-23-033343 Sample Contracts

AMENDED AND RESTATED SECURED TERM NOTE
Secured Term Note • December 1st, 2023 • Navidea Biopharmaceuticals, Inc. • In vitro & in vivo diagnostic substances

This Amended and Restated Secured Term Note (the “Note”) amends and restates in its entirety that certain Secured Term Note dated April 10, 2022 made by the Borrower in favor of the Lender in the original principal amount of $2,500,000 (the “Original Note”), all of which was loaned to the Borrower. On June 29, 2023, the Borrower and the Lender agreed to exchange $1,073,600 principal amount of the Original Note for 12,200,000 shares of the Borrower’s common stock based on the closing stock price on June 28, 2023. On the date hereof, the Lender has agreed to forgive $100,000 of principal under the Original Note and to advance an additional loan in the principal amount of $750,000.00 pursuant to a separate convertible promissory note. In addition, the Borrower and the Lender have agreed to extend the maturity date of the Original Note for an additional 12 months.

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Navidea Biopharmaceuticals, Inc. and Capital Royalty Partners II, L.P. Enter Binding Settlement Agreement and Mutual Release
Settlement Agreement • December 1st, 2023 • Navidea Biopharmaceuticals, Inc. • In vitro & in vivo diagnostic substances

DUBLIN, Ohio, December 1, 2023 (BUSINESS WIRE) -- Navidea Biopharmaceuticals, Inc. (OTC: NAVB) (“Navidea” or the “Company”), a company focused on the development of precision immunodiagnostic agents and immunotherapeutics, today announced the Company and Capital Royalty Partners II, L.P. and other related entities (collectively, “CRG”) have entered into a binding settlement agreement and mutual release settling all ongoing litigation between the parties.

SECOND AMENDMENT TO SECURITY AGREEMENT
Security Agreement • December 1st, 2023 • Navidea Biopharmaceuticals, Inc. • In vitro & in vivo diagnostic substances

THIS SECOND AMENDMENT TO SECURITY AGREEMENT (this “Amendment”), dated as of November 27, 2023, is made by and between Navidea Biopharmaceuticals, Inc., a Delaware corporation with an address of 4995 Bradenton Ave #240, Dublin, OH 43017 (“Debtor”) and John Kim Scott Jr., an individual (“Secured Party”).

LOAN AND SECURITIES EXCHANGE AGREEMENT
Loan and Securities Exchange Agreement • December 1st, 2023 • Navidea Biopharmaceuticals, Inc. • In vitro & in vivo diagnostic substances • Colorado

THIS LOAN AND SECURITIES EXCHANGE AGREEMENT (this “Agreement”) is made effective as of the 27th day of November, 2023 (the “Effective Date”), by and between Navidea Biopharmaceuticals, Inc., a Delaware corporation (the “Company”), and John K. Scott, Jr., an individual residing in the State of Colorado (the “Investor”).

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