CONSENT, JOINDER AND AMENDMENT NO. 5 TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • June 18th, 2024 • Aytu Biopharma, Inc • Pharmaceutical preparations • New York
This Loan and Security Agreement (as it may be amended, restated or otherwise modified from time to time, this "Agreement") is entered into on October 2, 2019, by and among NEOS THERAPEUTICS, INC., a Delaware corporation ("Company"), NEOS THERAPEUTICS BRANDS, LLC, a Delaware limited liability company ("NT Brands"), NEOS THERAPEUTICS, LP, a Texas limited partnership ("NT LP"), AYTU BIOPHARMA, INC., a Delaware corporation (“Parent”), AYTU THERAPEUTICS, LLC, a Delaware limited liability company (“Therapeutics”), PHARMAFAB TEXAS, LLC, a Texas limited liability company (“NT PharmaFab”), CHERRY CREEK THERAPEUTICS, INC., a Delaware corporation ("Cherry Creek"; together with Company, NT Brands, NT LP, Parent, Therapeutics, NT PharmaFab and each other Person who joins this Agreement as a borrower from time to time, each a "Borrower" and collectively the "Borrowers"), NEOS THERAPEUTICS COMMERCIAL, LLC, a Delaware limited liability company ("NT Commercial"), and PHARMAFAB TEXAS, LLC, a Texas limi
